Equipment that has already been authorized by the FCC may continue to be used, sold and imported

On January 7, 2026, the Federal Communications Commission (FCC) issued a Public Notice (Public Safety and Homeland Security Bureau Announces Exemption of Certain Uncrewed Aircraft Systems (UAS) and UAS Critical Components from FCC Covered List) in WC Docket No. 18-89, (Public Notice)¹ announcing the exception of certain UAS and UAS Critical Components² from the FCC Covered List. This is a list of communications equipment and services that the Department of Defense (DOD) has determined pose an unacceptable risk to the national security of the United States or the security and safety of United States persons³ and may no longer be approved by the FCC for importation or sale in the U.S. These exemptions will remain in effect until January 1, 2027.

Background on the Public Notice

Electronic devices that emit radio frequency energy require FCC authorization before importation, marketing or sale in the U.S. It is not uncommon for equipment on the Covered List (List of Equipment and Services Covered By Section 2 of The Secure Networks Act) to be denied approval for import or sale in the U.S. after FCC evaluation. The Covered List includes companies such as Huawei Technologies Company and ZTE Corporation. Devices on the Covered List may not enter the U.S. market. The January 7, 2026, FCC Updates Covered List to Exempt Certain Drones from Restrictions (Covered List Update)⁴, clarified that the prohibited equipment does not apply to drones made exclusively for federal government use and sold to the DOD, the Department of Homeland Security (DHS) or any other federal agencies.

The Covered List includes all communications and video surveillance equipment and services listed in Section 1709(a)(1) of the FY25 National Defense Authorization Act (NDAA), passed by the Biden Administration on December 23, 2024.⁵ The 2025 NDAA added communications or video surveillance equipment produced by DJI Technologies and Autel Robotics to the covered equipment list.

On December 22, 2025, the FCC added all UAS and UAS critical components produced in a foreign country to the Covered List.⁶ As explained in the FCC’s Covered List Update, U.S. national security agencies expressed concerns that foreign-made UAS could be used for attacks and unauthorized surveillance and that reliance on these devices undermines the U.S. drone industrial base. The Secure and Trusted Communications Networks Act of 2019⁷ stipulates that the FCC may only update the Covered List after the direction of a qualifying national security authority, such as the DOD. On December 21, 2025, the DOD determined that two types of UAS and UAS critical components may now be exempted from the list.⁸ These exemptions were the (a) UAS and UAS critical components included on the Defense Contract Management Agency’s (DCMA) Blue UAS Cleared List (DIU’s Blue UAS List To Transition to DCMA)⁹, and (b) UAS critical components that qualify as “domestic end products” under the Buy American Standard.¹⁰

Industry Response to FCC Drone Ruling

In the FCC public comments filed in response to the Public Notice, drone manufacturers expressed concern with the new rule. For example, a leading developer, manufacturer and supplier of UAS, contended in an FCC comment that the abrupt exemption of certain drones from the Covered List was arbitrary and capricious. The manufacturer argued that the FCC had not properly promulgated the new requirements. It explained that “[a] central principle of administrative law is that, when an agency decides to depart from decades-long past practices and official policies, the agency must at a minimum acknowledge the change and offer a reasoned explanation for it.”¹¹

Key Takeaways

Using Previously Approved Devices: Consumers may continue to use, sell and import any equipment that has already been authorized by the FCC, as the Covered List only prevents new devices from authorization.
Testing Devices for Compliance with FCC Rules: Entities may test and evaluate devices to ensure compliance with FCC rules, including the Department of Defense Blue UAS Cleared List. Specifically, 47 C.F.R. 2.1204(a)(3) allows importation of the device in quantities of 4,000 or fewer units for testing and evaluation to determine compliance.
Applying for Equipment Authorization: Applicants for equipment authorization bear the responsibility of certifying, in good faith, that the device is not “covered equipment,” which includes certification that the device was not “produced in a foreign country.”¹² No specific documentation is required for this certification. It is important to note that the UAS may contain foreign-produced components, as long as the device is produced in the United States. Also, the specific nationality of the entity producing the UAS or UAS critical components is not relevant when determining whether the device was produced in a foreign country. The FCC may pursue enforcement actions, such as fines, against entities that provide false certifications.
Requesting an Exemption from the Covered List: If an entity is interested in receiving an exemption for equipment from the Covered List, it may apply for Conditional Approval, providing information such as corporate structure and supply chain information. The DOD or DHS will evaluate whether the equipment poses “unacceptable risks”¹³ to national security.

Additional Assistance

For more information on this notice or assistance preparing comments, please contact Barlow Keener at bkeener@phillipslytle.com or Lavanya Sathyamurthy at lsathyamurthy@phillipslytle.com, or contact a member of our Telecommunications Team or the Phillips Lytle attorney with whom you have a relationship.