FCC Adds All Foreign-Made UAS And UAS Critical Components To Covered List

Key Takeaways:

• Pursuant to a national security determination by the Trump Administration, the FCC added all UAS and UAS critical components produced in a foreign country to the Covered List of equipment that presents security risks.
• The underlying national security determination also authorizes DoD and DHS on a going forward basis to exclude certain UAS or UAS critical components from inclusion on the Covered List.
• The FCC also added all communications and video surveillance equipment and services, including software, produced by DJI Technologies and Autel Robotics to the Covered List, as directed by the FY25 NDAA.
• Equipment identified on the Covered List are prohibited from obtaining new FCC equipment authorizations, which are required for the importation, marketing and sale in the U.S. of most wireless equipment. However, additions to the Covered List does not prohibit the import, sale or use of any existing device models that the FCC previously authorized.

The FCC's Public Safety and Homeland Security Bureau (PSHSB) announced on December 22, 2025, significant additions to the FCC's Covered List, including all foreign-produced uncrewed aircraft systems (UAS) and UAS critical components. The announcement is notable for its breadth, the novel national security determination underlying certain additions, and a provision that gives the Department of Defense (DoD), also known as the Department of War, and Department of Homeland Security (DHS) authority to exclude certain equipment from inclusion on the Covered List.

PSHSB announced the additions in a Public Notice placing two categories of equipment on the Covered List. The first category is all UAS and UAS critical components produced in foreign countries. In making this addition, PSHSB relied on a national security determination made on December 21, 2025, by an "Executive Branch interagency body with appropriation national security expertise." That determination, which is attached as an appendix to the Public Notice, incorporates an existing definition in the Federal Communication Commission's (FCC or Commission) rules and defines UAS as "[a]n Uncrewed Aircraft¹ and its associated elements (including an uncrewed aircraft station, communication links, and the components not on board the UA that control the UA) that are required for the safe and efficient operation of the UA in the airspace of the United States." UAS critical components are defined as including but "not limited to the following UAS components and any associated software: Data transmission devices; Communications systems; Flight controllers; Ground control stations and UAS controllers; Navigation systems; Sensors and Cameras; Batteries and Battery Management Systems; and Motors." Neither the determination nor the Public Notice identifies the members of the Executive Branch interagency body that made the determination.

The second category of equipment added to the Covered List is communications and video surveillance equipment and services listed in Section 1709(a)(1) of Fiscal Year (FY) 2025 National Defense Authorization Act (NDAA). This addition effectively adds all communications and video surveillance equipment and services, including software, produced by Shenzhen Da-Jiang Innovations Sciences and Technologies Company Limited (commonly known as DJI Technologies) and Autel Robotics. Section 1709(a)(1) expressly references both DJI Technologies and Autel Robotics and extends the restriction to (i) any subsidiary, affiliate, or partner of those entities; (ii) any entity in a joint venture with those entities; and (iii) any entity that has a technology sharing or licensing agreement with those entities.

Equipment identified on the Covered List is prohibited from obtaining new FCC equipment authorizations, which are required for the importation, marketing and sale in the United States of most wireless equipment. However, additions to the Covered List does not in and of itself prohibit the import, marketing, sale or use of any existing device models that the FCC previously authorized. The press release accompanying the Public Notice seeks to further clarify this point and avoid potential market confusion by expressly stating that the decision "does not impact a consumer's ability to continue using drones they previously purchased or acquired," nor does it "prevent retailers from continuing to sell, import, or market device models approved earlier this year or previously through the FCC's equipment authorization process."

While the FCC previously has added to the Covered List equipment and services identified in earlier-year NDAAs, this is the first instance in which the FCC has added equipment pursuant to a national security determination made by an unidentified Executive Branch interagency body. Section 2 of the Secure Networks Act directs the FCC to place on the Covered List any equipment posing an unacceptable risk to the national security of the United States or security and safety of the United States as determined by, among other sources, "an executive branch interagency body with appropriate national security expertise." While Section 2 includes a specific example of what constitutes such an interagency body (i.e., the Federal Acquisition Security Council), the omission of the interagency body making this determination suggests that it was not the Federal Acquisition Security Council. Nevertheless, PSHSB found in the Public Notice that the interagency body satisfies the requirements of Section 2.

The determination here is also notable with respect to the ongoing authority it delegates to the DoD and DHS to remove certain UAS equipment from the Covered List. Specifically, the determination provides these cabinet agencies with ongoing authority to make a specific determination that a given UAS, class of UAS or UAS critical components does not pose an unacceptable risk to the national security of the United States and to the safety and security of U.S. person. The Public Notice states that PSHSB will update the Covered List if it receives such a determination.

What are the Possible Impacts of PSHSB's Additions to the Covered List?

• Equipment Authorization Prohibition. Most wireless devices require FCC equipment authorization prior to importation, marketing or sale in the United States. Pursuant to Section 2.903(a) of the FCC's rules, equipment or services that are added to the Covered List are prohibited from receiving equipment authorizations.
  • Effective upon publication on December 22nd, PSHSB's action prohibits the equipment and services listed above, which includes foreign-made drones, from receiving an FCC equipment authorization. PSHSB's action prevents new devices from obtaining an authorization necessary for importation, sale and marketing in the U.S. This action does not prohibit the import, sale or use of any device models that the FCC has previously authorized. This means that retailers may continue to sell, import or market and consumers may continue to use device models approved before December 22, 2025.
  • Telecommunication Certification Bodies (TCB) will be responsible for determining compliance with the Commission's requirements and for certifying equipment in accordance with the Commission's rules and policies. TCBs will need to take into consideration the Commission's definitions and guidance regarding what constitutes "covered" equipment in order to ensure that the newly added "covered" equipment is not authorized.
  • Entities that manufacture or intend to utilize foreign-made UAS or a UAS critical component, where such UAS or UAS critical component would be subject to the prohibition arising out of this determination, that believe that a given UAS, class of UAS or UAS critical component does not pose a national security risk should begin the process of making that demonstration to the Department of War and/or DHS in an effort to receive a specific determination that will authorize the FCC to remove such equipment or service from the Covered List.
    
    
• Covered List Certification. Pursuant to Section 2.911 of the Commission's rules, all applicants seeking FCC equipment authorization are required to certify that the equipment is not prohibited from receiving equipment authorization by virtue of being on the Covered List.
  • This means that an entity will need to make this certification as it pertains to the equipment and services listed above in any new equipment authorization application. In addition, entities will need to make sure that the certification included in any currently pending equipment authorization applications remains unchanged.
    
    
• Limitation on Existing Authorization of Covered Equipment. Pursuant to Section 2.939(e), which becomes effective December 26, 2025, the Office of Engineering and Technology (OET) and PSHSB may place limitations on a previously authorized covered equipment to prohibit the continued importation or marketing of that equipment by certain entities. Prior to initiating any such limitations, OET and PSHSB will issue a public notice announcing the intent to limit the scope of equipment authorizations to prohibit the further importation or marketing of specified devices and provide a public comment period of no less than 30 days.
  • At this time and until OET and PSHSB initiate a proceeding to limit an existing authorization of covered equipment, this limitation does not apply to any existing equipment authorization(s) associated with the new additions to the Covered List.
    
    
• Equipment Authorization Revocation. Any equipment authorization that is granted based on false statements or representations can be revoked by the Commission pursuant to the Commission's revocation procedures outlined in Section 2.939.
  
  • This means that entities will need to ensure that any pending or future equipment authorization applications contain accurate information, especially as it pertains to the new additions to the Covered List. Entities that received an Equipment Authorization grant prior to December 22nd do not need to make any changes to their current authorizations at this time.
    
    
• Removal of Equipment from E-Commerce Sites. The FCC, in executing "Operation Clean Carts," has been actively working with e-commerce platforms to take down listings of devices on the FCC's Covered List or otherwise prohibited for sale in the United States. Because many e-commerce companies have committed to ongoing coordination and collaboration with the FCC to ensure that unauthorized Covered Equipment is not sold through their sites in the United States, the FCC may request that e-commerce sites monitor their platforms on an ongoing basis for the equipment newly added to the Covered List.

Footnote

1. For the purpose of this determination, the term "uncrewed aircraft (UA)" has the meaning found in 47 CFR 88.5: An aircraft operated without the possibility of direct human intervention from within or on the aircraft.

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