On July 1-2, the Department of Homeland Security, the Department of Justice and Federal Communications Commission took steps to establish a framework for state, local, Tribal, and territorial (SLTT) law enforcement and correctional agencies to obtain and use capabilities to defend against hostile drones. Taken together, an Interim Final Rule adopted by DHS and DOJ and a series of related actions by the FCC implement Congress’s directive in the SAFER SKIES Act that will enable these non-federal entities to defend their communities against the growing threat of unmanned aircraft systems (UAS) operated by extremists, terrorists and criminals. The SAFER SKIES Act authorizes SLTT agencies to detect, monitor, identify, track and confiscate UAS after satisfying training and certification procedures issued by DOJ. SLTT law enforcement and correctional officers may also be authorized to disrupt, seize control of, and destroy or damage UAS following additional training and certification through a national schoolhouse established by DOJ.
The FCC’s actions issue waivers, spectrum authority and legal interpretations to support implementation of the SAFER SKIES Act, including an announcement about the circumstances under which the prohibition against willful or malicious interference in the Communications Act does not apply to non-federal entities testing or using interference-causing C-UAS technologies on behalf of or under the oversight of the United States government.
APCO members with questions or who would like to learn more are welcome to contact the Government Relations Office at [email protected] for more information.
