FCC Has Been Investigating Counter Unmanned Aircraft Companies

The Federal Communications Commission (FCC) regulates radio frequencies in the United States. They do this by regulating electronics intentionally transmitting radio frequencies and electronic equipment that unintentionally transmit radio frequencies.

One way to counter bad drones flying where they should not is by intentionally jamming the radio frequencies the drones use for navigation such as the radio signals GPS satellites transmit or by jamming the frequencies that are used to control the aircraft. Unfortunately, while highly effective, counter UAS technologies that are radio frequency based may have the potential to cause all sorts of collateral disruption to people and businesses using these frequencies in everyday life such as receiving GPS signals for manned aircraft or car navigation or for something as simple as WiFi.

The FCC not only regulates the operation of these types of technology, they also regulate the marketing of these types of technology. 47 U.S.C. Section 302a(b) prohibits the manufacturing, importation, marketing, sale or operation of unlicensed jammers within the United States with few exceptions.

We discovered that the FCC has been sending out Letters of Inquiry (LOI) to counter unmanned aircraft companies. To date, we have obtained a total of eight of these LOIs. Seven are to business entities and one to a person.

The FCC characterizes the LOI as “an order of the Commission to produce the documents and information requested herein.” They continue stating in bold typeface, “Failure to respond appropriately to this LOI constitutes a violation of the Communications Act and our rules.” The footnote to that sentence cites numerous cases and lists associated penalties ranging from $25,000 all the way up to $300,000.

These investigations have something to do with “radio communications and the marketing and operation of radiofrequency devices within the United States.” The LOIs request a laundry list of information and documents from the targets to provide. The LOIs obtained were heavily redacted so as to prevent us from gleaning intel on FCC investigating techniques. However, we did learn the FCC asked the target to identify FCC registration numbers, trade names of radio frequency devices marketed for sale or lease in the United States, and whether intentional radio frequency transmitters had been tested and authorized or not.

The LOIs have pretty strict response times, 30 calendar days, and require highly specific affidavits from an authorized corporate officer verifying the truth and accuracy of the information, state that all information has been produced, and state all documents provided are true and accurate copies of the original documents. If the corporate officer is relying on others, then those people will also have to file affidavits. The LOI continued saying that a failure to support the responses with a sworn affidavit could result in a forfeiture while citing a case saying “imposing a $100,000 penalty for failing to submit a sworn written response[.]”

In conclusion, the FCC has taken notice of the manfacturing, marketing, using, or selling of radio frequency based counter drone technologies in the United States.