Sen. Markey requesting clarity of counter-drone technology testing

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Sen. Edward J. Markey (D-MA) is seeking Federal Aviation Administration (FAA) clarity regarding the agency’s position on counter-drone technology state and local testing.

Markey recently forwarded correspondence to FAA personnel in the wake of a Senate Commerce Subcommittee on Security hearing examining unmanned aerial systems (UAS), or drone, safety challenges.

Officials said an FAA representative indicated during the hearing current federal law prevents state and local authorities from testing counter-drone technology, in addition to other detection tools.

“The FAA’s position on counter-UAS testing is concerning because state and local authorities are now on the front-lines of drone security and have an integral role to play in defending against threats posed by this emerging technology,” Markey, ranking member of the Senate Commerce Subcommittee on Security, wrote in the letter to
FAA Administrator Stephen Dickson. “Consequently, state and local authorities must be able to test counter-UAS technology alongside the FAA or we will likely face delays in the technology’s implementation, thus preventing public safety officials from being able to better protect their communities.”

Among Markey’s inquiries are questions regarding how various federal laws potentially conflict with state and local authority to test drone detection and mitigation technologies in coordination with the FAA; the FAA’s position on whether statutory changes are needed to permit counter-drone technology testing by state and local authorities, or can it make such changes through the regulatory process; and whether the FAA plans to test state and local law enforcement’s time, place and manner limitations on drones.