In conjunction with other U.S. federal departments and agencies, the U.S. Federal Communications Commission (FCC) has issued an advisory guidance on federal laws and regulations applicable to the detection and mitigation of threats from unmanned aircraft systems (UAS) operations.
Released in mid-August, the guidance, “Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems,” provides non-federal public and private entities with an overview of applicable provisions of the U.S. criminal code and federal laws and regulations having to do with aviation safety, transportation and airport security, and the radiofrequency spectrum.
The advisory guidance encourages entities considering the deployment of UAS detection and mitigation systems and devices to seek the advice of legal counsel experienced in federal and state criminal, surveillance and communications law, and not to rely on vendor representations regarding a system’s functionality or legality.
The advisory guidance was jointly issued by the FCC, the U.S. Department of Justice, the Federal Aviation Administration and the Department of Homeland Security. These four federal departments and agencies have been given limited authority by the U.S. Congress to engage in UAS detection and mitigation activities.