FCC Eyes Ban on Scary Foreign Drone Swarms and Parts
Published Date: 8/3/2026
Notice
Summary
In this document, the Public Safety and Homeland Security Bureau (PSHSB) and the Office of Engineering and Technology (OET) seek comment on proposing to prohibit the continued importation and marketing of certain military-grade foreign-made UAS and UAS critical components that are found on the Federal Communications Commission's (FCC) Covered List. Through this Public Notice, acting pursuant to section 2.939 of the Federal Communications Commission's rules, PSHSB and OET propose to apply such prohibitions given that these devices have been found to pose an unacceptable risk to the national security of the United States and to the safety and security of United States persons pursuant to the Secure and Trusted Communications Act of 2019.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 3 costs, 0 mixed.
180-Day Compliance Deadline
The FCC proposes that all parties must cease importation and marketing of the specified military-grade foreign-produced UAS and components 180 days after publication in the Federal Register (publication date: August 3, 2026), which corresponds to January 30, 2027. The Commission requests comments on the timeline and asks for data on inventory, shipments en route, and pending distribution agreements.
Ban on Import and Marketing of Military UAS
If you import, distribute, or sell UAS, the FCC proposes to prohibit continued importation and marketing of previously-authorized foreign-produced military-grade UAS and UAS critical components that are listed on the FCC's Covered List. The proposal applies to devices meeting the rule’s military-grade definitions (for example, UAS that weigh 55 pounds or more) and would take effect 180 days after Federal Register publication (publication: August 3, 2026).
Existing Owners May Continue Operation
If you already own a previously-authorized military-grade foreign-produced UAS or UAS critical component on the Covered List, the proposed prohibition would not affect your continued use or operation of that device. The proposed limitation would target importation and marketing only, not operation of already-purchased equipment.
Specified Exemptions from Proposed Ban
The proposed prohibition would not apply to domestically produced UAS or UAS critical components, items on certain cleared lists (for example DCMA's Blue UAS Cleared List), items qualifying as a 'domestic end product' under the Buy American standard, items granted Conditional Approval by the Department of War or Department of Homeland Security, importation/marketing for U.S. federal government use, or importation/marketing for commercial testing and product development.
Military-Grade Criteria Defined
The FCC proposes the following criteria to define military-grade UAS and critical components: UAS weighing 55 pounds or more on takeoff; UAS capable of dispensing 'economic poison' under FAA rules; UAS with thermal-imaging sensors; UAS with LiDAR sensors; UAS docking stations; UAS specially designed to incorporate a defense article; and swarm-capable UAS or control systems. Devices meeting these criteria on the Covered List would be subject to the import/marketing prohibition.
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