Key Takeaway
- The FCC’s OET announced a limited waiver of certain prohibitions on permissive changes to Covered UAS and UAS critical components.
As explained in greater detail in a previous alert, on December 22, 2025, the Federal Communications Commission (FCC) added to the Covered List all foreign-produced uncrewed aircraft systems (UAS) and UAS critical components, which includes drones. As discussed in a subsequent alert, on January 7, 2026, the FCC excluded certain UAS and UAS critical components included on the Defense Contract Management Agency’s (DCMA) Blue UAS list and those that qualify as “domestic end products” under the Buy American Standard. Additionally, the FCC provided guidance on how entities that do not fall within the excluded categories may seek Conditional Approval from the Department of Defense, also known as the Department of War, and the Department of Homeland Security (DHS).
On January 21, 2026, the Office of Engineering and Technology (OET) released a Public Notice announcing a limited waiver of Sections 2.932(b) and 2.1043(b) for covered UAS and UAS critical components. Section 2.1043(b) states that a “Class I permissive change includes those modifications in the equipment which do not degrade the characteristics reported by the manufacturer and accepted by the Commission when certification is granted.” This waiver will allow covered UAS and UAS critical components to receive permissive “Class I” changes, including software and firmware updates that ensure the continued functionality of devices, such as updates that patch vulnerabilities and facilitate compatibility with different operating systems. OET stated that a waiver was warranted due to special circumstances and that doing so will ensure that the UAS’ safety and security features remain up to date.
