Updated at 11:00AM on 12/23 with DJI's statement

For months, the commercial UAV industry has been awaiting a final ruling from the FCC as to what will be added to its Covered List, which limits access to certain technologies deemed to pose a risk to national security in the United States. This week, the FCC announced its decision, one that ends up with more teeth than most were expecting.

On Monday, the FCC announced that it has updated its Covered List to include all “uncrewed aircraft systems (UAS) and UAS critical components produced in foreign countries.” Critically, according to the language of the announcement, this does not only include UAS manufactured in China and other nations determined to be adversaries, but all foreign nations. The FCC said in its announcement that an Executive Branch interagency body, which includes “several appropriate national security agencies,” concluded that the added equipment and services “pose an acceptable risk to the national security of the United States and to the safety of security of U.S. persons.”

As noted above, the additions to the Covered List include both UAS produced in a foreign country as well as UAS “critical components” produced in a foreign country. The agency provided a list of examples of what constitutes a critical UAS component, though notes that they are not limited to what is in this list:

  • Data transmission devices
  • Communications systems
  • Flight controllers
  • Ground control stations and UAS controllers
  • Navigation systems
  • Sensors and cameras
  • Batteries and battery management systems
  • Motors

Critically, as noted by the FCC and their chairman, Brendan Carr, the decision only impacts new devices that are being imported or sold in the United States, and that UAS that have already been purchased or have received FCC authorization are unaffected by the decision.

In the immediate aftermath of the decision, there has been industry confusion around the vague mention of “foreign-made” rather than mentioning specific countries, providing a more broad decision than most expected. In the text of the announcement, it should be noted, the FCC grants the Department of Defense or the Department of Homeland Security authority to make a “specific determination” to the agency that a given UAS or UAS component does not pose the aforementioned national security risk. The mechanisms for this process were not disclosed in the announcement.

Although the company is not specifically mentioned in the announcement, the effect of this decision on DJI is certainly one of the major storylines. The company is the leading manufacturer for drones that serve a number of critical industries, including public safety and law enforcement, and in anticipation of this ruling have not been bringing their latest models to the United States. The company has been urging the U.S. government for a fair and transparent review of their technology, but to date there is no public evidence that such an audit has taken place.

As for what comes next, the industry is still in the process of figuring that out. The FCC’s announcement specifically calls out, in addition to potential national security risks, that there is concern about foreign UAS and components’ negative effect on the ability of U.S. companies to compete in the market. 

“Permitting UAS critical components from foreign countries into the United States undermines the resiliency of our UAS industrial base,” the FCC said in its decision fact sheet.

How U.S. companies respond, and to what extent the aforementioned Cabinet departments will clear foreign-made UAS and components from allied nations in the coming months, will be critical to watch. In the meantime, you can read the full FCC Public Notice here. Carr’s full statement can be read here. A spokesperson for DJI has provided a statement to Commercial UAV News, posted in full below.

"DJI is disappointed by the Federal Communications Commission’s action today to add foreign‑made drones to the Covered List. While DJI was not singled out, no information has been released regarding what information was used by the Executive Branch in reaching its determination.

As the industry leader, DJI has advocated for an open, competitive market that benefits all US consumers and commercial users, and will continue to do so. DJI products are among the safest and most secure on the market, supported by years of reviews conducted by U.S. government agencies and independent third parties. Concerns about DJI’s data security have not been grounded in evidence and instead reflect protectionism, contrary to the principles of an open market. 

Today’s development will not affect customers who already own DJI products. These existing products can continue to be purchased and operated as usual. The FCC’s fact sheet also indicates that new products may, in the future, be cleared for launch based on determinations made by the Department of Defense and the Department of Homeland Security.

DJI remains committed to the U.S. market. We are deeply grateful to users across the country who spoke up to share how DJI technology supports their work and their communities. We will keep our community informed as more information becomes available."