FCC Covered List & Foreign-Made Drones: What the Law Actually Does — and What It Doesn’t
Quick Summary (Plain English)
- Drones rely on wireless radio transmitters to communicate.
- In the United States, wireless transmitters generally require FCC equipment authorization before they can be legally marketed or used.
- To obtain authorization, manufacturers must certify they are not on the FCC’s Covered List.
- The FCC will not issue equipment authorization to entities on the Covered List.
- In December 2025, the FCC expanded the Covered List to include all foreign-made drones and their critical components, based on a national security determination.
- This change affects future approvals — not existing, already-authorized drones.
Why FCC Authorization Matters for Drones
Every drone that transmits radio signals must comply with FCC equipment authorization rules. Before authorization is granted, manufacturers must file an application certifying — among other things — that they are not identified on the FCC Covered List under 47 CFR § 2.911.
Manufacturers like DJI have historically done this successfully. For example, in prior filings, DJI certified that it was not on the Covered List at the time of application — a true statement at the time — and the FCC issued the authorization.
Once authorization is granted (commonly under 47 CFR Part 15):
- The equipment may be lawfully sold
- End users may lawfully operate it
- A single authorization covers all downstream users
However, if a company is on the Covered List, the FCC is legally prohibited from issuing authorization.
See 47 CFR § 2.903(a).
How We Got Here: The Legal Timeline
2019: Secure and Trusted Communications Networks Act
Congress passed the Secure and Trusted Communications Networks Act, which created the FCC Covered List framework.
2024: NDAA FY2025
The National Defense Authorization Act for FY2025 directed that DJI and Autel be automatically added to the Covered List, unless a national security agency determined otherwise.
December 21, 2025: National Security Determination
An Executive Branch interagency body, convened by the White House, issued a National Security Determination covering:
All foreign-made uncrewed aircraft and their critical components
This went beyond DJI and Autel.
December 22, 2025: FCC Action
The FCC formally announced the:
Addition of uncrewed aircraft systems (UAS) and UAS critical components produced in foreign countries to the Covered List, citing unacceptable national security risks.
Three documents were released:
- Fact Sheet
- National Security Determination
- Public Notice (including the Determination in Appendix B)
The Definitions That Actually Matter
The FCC adopted the following definitions directly from the determination:
Uncrewed Aircraft (UA) also known as UAS
An aircraft operated without the possibility of direct human intervention from within or on the aircraft.
Uncrewed Aircraft System (UAS)
The aircraft plus all associated elements required for safe and efficient operation, including:
- Ground stations
- Communication links
- Control components not onboard the aircraft
UAS Critical Components
Defined broadly and explicitly open-ended, including but not limited to:
- Data transmission devices
- Communications systems
- Flight controllers
- Ground control stations and controllers
- Navigation systems
- Sensors and cameras
- Batteries and battery management systems
- Motors
- Any associated software
?? This list can expand in the future.
Why This Is a Big Deal
This is the first time the FCC has added an entire category of equipment to the Covered List — not just specific companies or services.
That matters because:
- The restriction applies at the equipment authorization level
- It impacts future imports and approvals
- It reshapes the drone supply chain long-term
Frequently Asked Questions (Clear Answers)
Does this prohibit me from buying foreign-made drones?
No — if the drone already has FCC equipment authorization.
Does this prohibit me from using foreign-made drones?
No.
The FCC explicitly states:
“This action does not affect any previously-purchased drone. Consumers can continue to use any drone they have already lawfully purchased or acquired.”
How do I know if my drone is authorized?
- Look for an FCC ID on the device
- Search that ID in the FCC database
- Confirm an active equipment authorization exists
?? Some foreign-made drones may not have authorization.
Can I sell existing drones?
Yes. The FCC states:
“This update does not prohibit the import, sale, or use of any existing device models the FCC previously authorized.”
Is there still risk to owning foreign-made drones?
Yes.
The FCC has independent authority to revoke existing equipment authorizations in the future. This rule change concerns future approvals, but revocation authority already exists.
I manufacture or sell drones. Can I import them?
This is high-risk and fact-specific.
- Multiple laws are now interacting
- Importing equipment with unlicensed radio transmitters can trigger violations
- The FCC’s December 2025 statement is not the full legal picture
Professional legal review is strongly recommended.
What if a drone has no FCC ID?
If a device cannot receive authorization:
It is prohibited from being imported for use or sale in the U.S.
I’m a U.S. manufacturer. Does this affect me?
Yes.
U.S. manufacturers can be implicated through:
- Foreign components
- Software
- Communications subsystems
- Supply-chain dependencies
Does this apply to small or toy drones?
Yes.
There is no weight exemption.
Is there any exemption process?
Yes — but it is limited, technical, and case-specific.
Where to Find the Covered List
The FCC Covered List is publicly available.
Be aware:
- The FCC also lists affiliates and subsidiaries
- The list is not exhaustive
- Entities may still be deemed covered after further review
Bottom Line
This is not a drone usage ban.
It is a forward-looking supply-chain and authorization restriction with real long-term consequences.
- Existing drones remain legal
- Future foreign-made drones face major barriers
- Manufacturers, sellers, and enterprise operators must plan now
This is one of the most consequential regulatory shifts in U.S. drone policy to date.
To stay up to date with all things DJI, make sure you’re staying up to date with our news show on youtube, or through our podcast AskDroneU.com
0
