By: Dawn Zoldi
On December 22nd, the Federal Communications Commission (FCC) made an unprecedented move to add all foreign-produced uncrewed aircraft systems (UAS) and UAS critical components to its national security “Covered List.” This step, rooted in a new Executive Branch national security determination, has immediate implications for drone manufacturers, importers, service providers, and end users across the U.S. drone ecosystem. A detailed new Alert from the law firm Akin Gump analyzes the FCC decision and its practical consequences.
What Changed on the FCC Covered List
The FCC’s Public Safety and Homeland Security Bureau (PSHSB) issued a Public Notice expanding the Covered List to include two broad new buckets of equipment:
- All UAS and UAS critical components produced in foreign countries are now treated as “covered” communications equipment that present unacceptable national security risk.
- All communications and video surveillance equipment and services, including software, produced by DJI Technologies and Autel Robotics, as referenced in Section 1709(a)(1) of the FY2025 National Defense Authorization Act.
The underlying national security determination, made on December 21, 2025 by an executive branch interagency body with alleged national security expertise, defines UAS to include the aircraft, links, ground control elements and other associated systems required for safe and efficient operations in U.S. airspace.
UAS “critical components” include, among other items, data transmission devices, communications systems, flight controllers, navigation systems, sensors, cameras, batteries, battery management systems and motors as well as associated software.
What This Means for Authorizations, Imports and Sales
The FCC’s action does not ban all existing foreign-made drones from U.S. shelves or skies, but it does change the rules going forward in important ways.
- Equipment on the Covered List cannot receive new FCC equipment authorizations, which are generally required for the import, marketing and sale of most wireless devices in the United States.
- Effective as of publication, foreign-made drones and covered components can no longer obtain a new authorization, which in practice blocks new models from entering the U.S. market.
- Existing device models that already hold valid FCC authorizations may continue to be imported, marketed, sold and used, so long as those authorizations remain in good standing and were not obtained through false statements.
Applicants seeking FCC equipment authorization must certify that the subject equipment is not prohibited from receiving an authorization because it appears on the Covered List, and this applies to both new and pending applications. Telecommunication Certification Bodies (TCBs) will play a gatekeeping role.
A Novel National Security Mechanism And a Narrow Safety Valve
Akin’s Alert underscores that this is the first time the FCC has added equipment to the Covered List based on a national security determination from an unnamed executive branch interagency body, rather than relying on determinations made by named governmental entities. PSHSB concluded that this determination satisfies Section 2 of the Secure Networks Act, which mandates that the FCC list equipment determined, by an executive branch interagency body with appropriate national security expertise, to pose an unacceptable risk to U.S. national security or the security and safety of U.S. persons.
Importantly, the same determination grants the Department of Defense (DOD)* and the Department of Homeland Security (DHS) an ongoing role to tailor the Covered List for UAS. These departments may determine that a particular UAS, category of UAS, or set of UAS critical components does not pose an unacceptable national security risk. If such a determination is made, PSHSB can update the Covered List to exclude that specific equipment, creating a narrow pathway for relief for certain platforms, components or solutions.
No other equipment or services currently on the Covered List enjoy a similar carve-out mechanism. That may make this delegation of authority uniquely significant for the drone sector. For manufacturers or integrators that rely on foreign-made platforms or components, Akin notes that now is the time to consider whether to build a factual record and seek such a determination from the DOD and/or DHS.
Why This Matters to the Drone Community And What to Read Next
For the U.S. drone ecosystem, this development touches nearly every segment of the value chain, from OEMs and component suppliers to resellers, public safety agencies, infrastructure inspectors and enterprise operators.
Companies planning to launch new foreign-produced UAS models, or to introduce new foreign-made critical components, must reassess their roadmaps in light of the FCC’s prohibition on new authorizations for covered equipment. Akin’s Alert provides a detailed legal and regulatory roadmap, including:
- How the Secure Networks Act and FCC Part 2 rules interact with this new determination
- Practical considerations for manufacturers, integrators and enterprise users navigating equipment authorization, revocation risk and e‑commerce enforcement
- Strategic options for seeking exclusion determinations through the DOD and DHS
Drone industry stakeholders are encouraged to review the full Akin analysis for an in-depth discussion of risk mitigation, compliance strategies and potential advocacy paths.
*The U.S. Department of Defense is now referred to as the “Department of War.” This reflects an internal reframing used by some policymakers and is a descriptive convention only. It does not represent a formal or legally binding change to the department’s official name under U.S. law and thus is not here used.Mark your calendars now for the 5th Annual Law-Tech Connect Workshop at XPONENTIAL 2026 in Detroit, Michigan from May 13-14th. Akin (Gold Sponsor) other legal and industry experts will be providing the latest techno-legal updates for the industry. Early bird registration is already live.