FCC isn’t done tightening the screws on foreign drones

The Federal Communications Commission (FCC) is considering its broadest drone sales restrictions yet, proposing a ban on the commercial import and sale of certain foreign-made drones while simultaneously giving trusted manufacturers more certainty to keep doing business in the US.

The agency has announced two related actions this week aimed at strengthening what it calls a secure US drone supply chain. One extends key exemptions for drones that have already cleared government security reviews. The other launches a public comment period on whether the FCC should prohibit the import, marketing, or sale of certain foreign-produced military-grade drones and drone components already on its Covered List.

Trusted drones get more certainty

The latest move builds on the FCC’s decision last December to add certain foreign-produced drones and critical drone components to its Covered List after the Executive Branch determined they posed unacceptable national security risks.

That decision blocked new FCC equipment authorizations for covered drones entering the US market. However, the agency also created several important exceptions for products it determined did not raise the same concerns.

Those exceptions included drones on the Department of Defense’s Blue UAS List, products meeting Buy America requirements by being assembled in the US with at least 65% of their components by value produced domestically, and drones that received Conditional Approval after committing to move production onshore.

Those exemptions were originally set to expire on January 1, 2027.

Now, following a Department of Defense determination, the FCC has extended the Blue UAS and Buy America exemptions for another year, moving the deadline to January 1, 2028. Even more significantly, drones and components granted Conditional Approval will no longer have an expiration date, giving manufacturers greater long-term certainty as they invest in US production.

The FCC says the policy has already encouraged domestic investment, estimating that more than $4 billion has flowed into US-based drone and related manufacturing, helping expand production capacity and create thousands of jobs.

FCC considers broader restrictions

While the exemption extension offers good news for trusted manufacturers, the FCC’s second announcement could have a much wider impact on the drone industry.

The agency is seeking public comment on whether it should prohibit the import, marketing, or sale of certain military-grade foreign-made drones and drone components already included on the Covered List.

That’s a notable shift. Current FCC rules primarily prevent new equipment authorizations for covered products. The proposal under consideration would go further by potentially blocking the commercial sale of entire categories of covered drones in the United States if the Commission determines doing so is in the public interest.

The FCC says these devices have already been found to pose unacceptable national security risks and has tentatively concluded there are strong national security reasons to impose additional restrictions.

Which drones could be affected?

At this stage, the FCC isn’t proposing a blanket ban on every foreign-made drone. Instead, it’s asking for feedback on whether restrictions should apply to categories of drones viewed by the US government as having military capabilities or presenting elevated national security risks. Those categories include:

• Swarming drones
• Drones specially designed to integrate defense equipment
• Thermal imaging drones
• LiDAR-equipped drones
• Aerosol-dispensing drones regulated under FAA rules
• Drone docking stations
• Drones weighing 55 pounds or more

If adopted, the proposal would include several important exceptions.

It would not apply to drones and components that qualify for existing exemptions, including products on the Department of Defense’s Blue UAS List, Buy America-compliant systems, or those granted Conditional Approval.

It also would not affect drones already purchased, equipment imported or sold for federal government use, or products used for commercial testing and development.

The FCC is accepting public comments for 30 days after the notice is published in the Federal Register before deciding whether to move forward.

Part of a busy month for drone policy

The latest announcements are part of a broader series of FCC actions focused on drones.

Earlier this week, the agency opened proceedings to revoke two equipment authorizations granted to Odyssey Robot after alleging the company falsely claimed its drone was manufactured in the United States. According to the FCC, it marks the first revocation proceeding against a drone company accused of trying to evade the agency’s authorization rules.

Last week, the Commission also sought comment on whether it should prohibit the import, marketing, or sale of certain covered equipment, including foreign-produced drones made by several companies already on the Covered List.

Earlier this month, the FCC announced a series of expedited actions supporting implementation of the SAFER SKIES Act, providing guidance to help state, local, Tribal, and territorial law enforcement and correctional agencies deploy authorized counter-drone capabilities more effectively.

Taken together, the agency’s recent actions make its direction increasingly clear.

The FCC is trying to encourage investment in trusted drone manufacturing while steadily tightening restrictions on foreign-produced systems it believes could pose national security risks. For manufacturers, enterprise drone operators, and investors alike, the latest announcements suggest the agency’s effort to reshape the US drone ecosystem is far from over.

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