April 18, 2026 · Forge and Flight Labs

The FCC Just Opened the Most Consequential UAS Spectrum Proceeding in Agency History

The FCC's 'Unleashing American Drone Dominance' proceeding — DA 26-314 — covers spectrum allocation, experimental licensing, counter-UAS RF authorization, and Buy-American incentives for domestic drone manufacturers. Comments closed May 1. Here's what the proceeding covers and what it means for the domestic UAS industry.

The Federal Communications Commission does not typically move fast on anything. Which is why the scope and pace of its April 2026 drone proceeding deserves attention.

On April 1, 2026, the FCC’s Wireless Telecommunications Bureau and Office of Engineering and Technology released Public Notice DA 26-314, formally titled “Unleashing American Drone Dominance,” opening a comment proceeding that addresses more UAS regulatory questions in a single docket than the agency has tackled in any previous rulemaking. Comments were due May 1. Reply comments are due May 18.

The scope of what the FCC is asking about — and what the answers will ultimately determine for UAS manufacturers and operators — makes this one of the more significant regulatory proceedings of 2026.

What the Proceeding Covers

DA 26-314 is a comment proceeding, not a final rule. The FCC is soliciting industry input before it decides what to do. But the questions it is asking define the space of what it is prepared to act on, and several of those questions have direct consequences for how domestic UAS manufacturers operate.

Spectrum access. The 5030–5091 MHz band, allocated for aviation safety communications under Part 88, is central to the discussion. The FCC is asking whether new allocations or modified use rules are needed to support the density of UAS operations anticipated under expanding operational authority — both commercial and government. The proceeding also asks about additional bands and whether the current licensing framework creates unnecessary friction for routine drone operations.

Experimental licensing. Since January 2025, the FCC has granted 227 UAS experimental authorizations — a 68% jump over the 2021–2024 baseline — and has issued the first eight counter-UAS experimental authorizations in agency history. The proceeding asks whether a dedicated UAS experimental licensing category would reduce barriers further, and whether blanket authorizations for certain categories of UAS development work are appropriate.

Counter-UAS radio frequency authorization. This is the most practically significant question in the proceeding for the defense market. Current law restricts who can transmit jamming or disruption signals against UAS. The Safer Skies Act, passed as part of the FY2026 NDAA, expanded counter-UAS authorities for DoD, DHS, and DOJ, and created a pilot program for state, local, tribal, and territorial law enforcement. The FCC is asking how RF authorization should work for the expanded set of authorized actors, what technical parameters should govern C-UAS transmission, and how federal spectrum coordination should be structured.

Buy-American incentives. The proceeding asks specifically how the FCC can use its regulatory authority to favor deployment of U.S.-manufactured drones over foreign-manufactured alternatives. This is a direct implementation question from Trump’s June 2025 executive orders on drone dominance — the FCC is looking for practical mechanisms, not just policy principles.

Innovation Zones and testbeds. The agency is asking what regulatory frameworks would enable designated geographic areas for UAS testing and development that could move faster than the standard approval process.

The DJI Backdrop

The proceeding exists against a backdrop of active litigation and regulatory complexity that the comment docket does not resolve but cannot ignore.

In December 2025, the FCC added all foreign-produced UAS and “UAS critical components” to its Covered List — the registry of equipment that poses national security concerns and cannot be purchased with federal funds. The action swept in not just Chinese manufacturers but all foreign-produced systems, creating a categorical preference for domestic manufacture that goes beyond what previous NDAA supply chain restrictions had established.

DJI challenged that Covered List addition in the Ninth Circuit. In its April 15, 2026 court filing, DJI alleged $1.56 billion in 2026 revenue impact from the ban and identified 25 unreleased products now in regulatory uncertainty. The Pentagon responded to the FCC around the same time with a filing opposing DJI’s removal petition and citing classified intelligence as the basis for the national security determination.

The litigation will resolve on its own timeline, which the comment proceeding does not accelerate or delay. What it does is establish that the FCC’s regulatory posture on foreign-produced UAS is not a policy preference that is easily reversed — the classified intelligence invocation in the DoD filing creates a threshold that court review will not easily override, regardless of how the economic harm arguments land.

What This Means for Domestic Manufacturers

For domestic UAS manufacturers, the proceeding is both an advocacy opportunity and an advance signal of where regulation is heading.

The advocacy opportunity is specific: the comment process is open, and manufacturers with operational experience in spectrum access challenges, experimental licensing friction, and C-UAS RF authorization have standing to submit technical comments that inform the FCC’s decisions. Experienced operators who can document specific regulatory barriers — spectrum interference in operational environments, licensing delays that slow prototype development, RF authorization gaps that limit counter-UAS training fidelity — are providing exactly the input the agency says it needs.

The directional signal is broader. The FCC is asking how to make domestic UAS operation easier, cheaper, and more competitive against foreign-manufactured alternatives. The questions in DA 26-314 are not neutral inquiries — they reflect a regulatory disposition that favors domestic manufacture, domestic supply chains, and domestic operator capability development. Companies positioned in that ecosystem are competing in an environment where the regulatory trend is moving in their direction.

The spectrum and licensing questions matter most at scale — for large commercial operators, utility inspection companies, and government programs running high-density operations. But the counter-UAS RF authorization question matters now, for any organization involved in C-UAS training, capability development, or operational support. The gap between what C-UAS systems can technically do and what current RF authorization allows operators to do in training environments is a real operational constraint, and the FCC’s proceeding is the first serious attempt to close it through regulatory action rather than case-by-case waiver.

The Competitive Landscape

The December 2025 Covered List update and the April 2026 proceeding together create a regulatory environment that is categorically different from what existed twelve months ago. Foreign-manufactured UAS cannot be purchased with federal funds. The FCC is actively asking how to reinforce that preference through spectrum and licensing policy. The DoD has filed classified intelligence in court in support of those restrictions.

For domestic manufacturers, this is the environment they have been operating toward for several years — since Section 848 first established Chinese UAS supply chain restrictions, through the annual NDAA tightening of those requirements, to the current position where the FCC, DoD, and executive branch are aligned on domestic preference as a national security imperative rather than a procurement policy preference.

The proceeding’s comment period is closed. The rule will follow. The direction was clear before the comment deadline, and it is clearer now.

About Forge and Flight Labs — North Carolina-based manufacturer of NDAA-compliant UAS platforms. American-made Group 1–3 systems for defense, research, and government applications. CAGE 18VF2 · SAM Active.

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