FCC Proposes Ban on 'Military-Grade' Foreign Drones Already Approved for US Sale
A new regulatory push targets high-capability drones featuring LiDAR and thermal imaging, sparking a legal battle with DJI.
The U.S. Federal Communications Commission (FCC) has proposed a sweeping ban on the importation and marketing of specific foreign-made drones and components that have already been authorized for the U.S. market. The move targets hardware on the agency's "Covered List" that meets new "military-grade" criteria, signaling a significant escalation in the federal government's effort to restrict foreign drone technology.
Under Public Notice DA 26-758, the FCC seeks to prohibit the sale of drones equipped with advanced capabilities such as LiDAR, thermal imaging, and swarming systems. The agency has defined "military-grade" across seven distinct categories: drones weighing 55 pounds or more, agricultural spray platforms, thermal imaging sensors, LiDAR, docking stations, aircraft designed as defense articles, and swarming systems, which include those used for drone light shows. The public comment window for this proposal is set to close on September 2, 2026.
A Shift in Regulatory Strategy
This proposal represents a pivot from previous FCC actions. In late 2025, the agency added several foreign drone entities to its Covered List to block new authorizations, but existing authorized models remained available for sale. DJI, the world's largest drone manufacturer, claims this new proposal is a direct reversal of the FCC's December 2025 position, which suggested that only new authorizations would be blocked. By targeting products already approved for the market, the FCC is moving toward a retroactive restriction of high-capability hardware.
Implications for Civilian Operations
The classification of professional tools as "military-grade" could disrupt a wide array of critical civilian services. Search-and-rescue missions rely heavily on thermal sensors to locate missing persons, while agricultural sectors depend on spray platforms for crop management. Additionally, "Drone as First Responder" (DFR) programs used by various U.S. cities utilize these high-end sensors to provide real-time intelligence to emergency services. Critics argue that labeling obstacle-avoidance LiDAR and thermal cameras as military hardware effectively removes essential professional tools from the market under the banner of national security.
Legal and Regulatory Outlook
The proposal arrives amid an ongoing legal struggle. DJI is currently challenging the underlying Covered List action in the Ninth Circuit Court of Appeals (Case 26-1029). The outcome of this litigation, combined with the results of the FCC's public comment period, will determine whether these previously authorized tools remain available to American professionals or are phased out of the domestic supply chain.