Drone News: FCC Adds Foreign Drones to The Covered List & DJI Mini 5 Pro Propeller Guard Leaks
In a twist of events, the FAA added not only DJI and Autel to the FCC-covered list, but also every drone produced in a foreign country, sending shockwaves throughout the industry. The FCC also added UAS Critical components produced in a foreign country to the covered list, including some that don't require FCC approval. A UAS Critical component is defined as 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.Before we go any further, I want to reassure you that YES, if you are a civilian flying your drone, you can still buy existing models of your favorite brand, foreign or not, while supplies last. No, your drone is not bricked. Only future models are affected. Being on the FCC Covered List means that the company cannot import, market, and sell NEW products in the United States. The FCC memo does mention a process by which the Department of Defense or the Department of Homeland Security can make a specific determination that a given UAS does not pose a risk. At the moment, the process to do that is unclear. The news came through a 9-page memo in which the FCC explains that they bypassed the audit requirement that we have been talking about for a year now: "Although section 1709 requires a determination by an “appropriate national security agency,” rather than an Executive Branch interagency body, this determination satisfies the law because several appropriate national security agencies concurred in this determination." It is unclear who was part of the meeting but they indeed determined that "UAS produced in a foreign country pose an unacceptable risk to the national security of the United States and to the safety and security of U.S. persons and should be included on the FCC’s Covered List"They also provide "supporting evidence" as to what the national security threat is, including the fact that "UAS are also playing a critical enabling role on the battlefield in many modern conflicts. In Ukraine and Israel-Gaza, low-cost commercial UAS inflict extensive damage and have caused significant loss of life." and that "Drug Cartels are also reportedly using foreign-produced UAS to smuggle drugs into the United States and carry out attacks." I'm going to read a long paragraph here from the document but I think it' important for you to understand why you can't buy a new DJI drone model to fly with your kid at the park or to photograph a house for a realtor:"Permitting UAS critical components from foreign countries into the United States undermines the resiliency of our UAS industrial base, increases the risk to our national airspace, and creates a potential for large-scale attacks during large gatherings. Even when marketed as “commercial” or “recreational,” certain legal regimes in foreign countries can compel entities to provide real‑time telemetry, imagery, and location data above U.S. soil, or to change the UAS behavior via remote software updates. This poses clear risks that foreign countries could leverage UAS produced with critical components made in a foreign country to engage in intelligence collection, acts of terrorism, attacks on critical infrastructure in the U.S. homeland, or massive supply chain disruption." I'm going to repeat that this decision does not affect existing drones models. If you are working on federally funded projects, you likely may not be able to use a drone or brand that's on the covered list, even if it's an existing drone. It appears blue UAS and those on already approved DOD lists can still be flown.
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