FCC proposes ending US sales of foreign drones with thermal, LiDAR or docks
2026-09-22
The US Federal Communications Commission has proposed to stop the importation and marketing of foreign-produced drones and drone components that it classes as "military-grade" — including models that were lawfully authorised before the December 2025 Covered List action. The proposal, Public Notice DA 26-758 in PS Docket 26-189, was issued by the FCC's Public Safety and Homeland Security Bureau and Office of Engineering and Technology on 21 July 2026 and published in the Federal Register on 3 August. Comments closed on 2 September 2026. It is a proposal, not a rule: nothing has changed yet for buyers or sellers.
What the proposal covers
The notice applies only to foreign-produced drones and critical components that are on the FCC's Covered List and fall into one of seven categories the bureaus define as military-grade:
- aircraft weighing 55 lb (about 25 kg) or more at take-off — the point at which a drone stops being a "small unmanned aircraft" under FAA Part 107;
- aircraft able to dispense "economic poison", the FAA's term for pesticides and similar agricultural chemicals;
- aircraft that contain or integrate thermal-imaging sensors;
- aircraft that contain or integrate LiDAR sensors;
- docking stations that let a drone land, take off, recharge or swap batteries and transfer data;
- aircraft "specially designed to incorporate a defense article";
- swarming systems — ground stations or flight-control systems built to coordinate autonomous drone swarms, and aircraft "purpose-built to perform flights in coordinated and synchronized formations, including applications such as multi-UAS light shows".
The mechanism is new. The December 2025 Covered List entry, covered in our earlier piece on what the Covered List has done to US drone availability, only blocked new equipment authorisations, so previously approved models stayed on sale. This notice relies on a procedure the FCC adopted in October 2025 (47 CFR 2.939(e)) that limits an existing authorisation to prohibit further importation or marketing without revoking it. The bureaus propose that all importing and marketing of covered military-grade equipment stop 180 days after the prohibition is published in the Federal Register.
What it does not do
The notice states that the prohibition "would not affect the continued use or operation of already-purchased UAS or UAS critical components". An owned drone would not be grounded, and its authorisation would not be revoked. The proposal also excludes:
- drones and components produced in the United States;
- items on the Defense Contract Management Agency's Blue UAS Cleared List, "domestic end products" under the Buy American Standard, and equipment granted a Conditional Approval by the Department of War or the Department of Homeland Security;
- importation or marketing for federal government use, and for commercial testing and product development;
- any drone or component that does not fall into one of the seven categories.
Flight rules are untouched. Registration, Remote ID and airspace rules are set by the FAA, and the current position is summarised on our United States drone laws page.
Who would be affected
The bureaus "tentatively conclude" that the economic impact would be limited, reasoning that recreational consumers "are unlikely to fly military-grade UAS". Commenters disputed that. The categories are defined by capability, not price or weight, so thermal-equipped public-safety aircraft, LiDAR mapping drones, spray drones, drone docks and light-show fleets all fall within the text.
According to a Pilot Institute review reported by DroneXL, 3,824 filings were made in the docket: 3,770 opposed the proposal, 16 supported it and 38 took no clear position. DroneXL noted that the count measures who chose to file rather than wider public opinion. The Drone Girl reported that light-show operators rejected the classification of show aircraft as military platforms. The same report said DJI argued that the seven categories appear in no national security determination and that the proceeding exceeds the FCC's authority.
Whether a particular consumer model is in scope depends on its sensors. Small camera drones such as the DJI Mini series weigh under 250 g, but the thermal and LiDAR categories have no weight floor. The notice asks commenters whether any listed items are not in fact military-grade.
What happens next
The bureaus act on authority delegated by the Commission, so no full Commission vote is needed. As of 22 September 2026 no decision had appeared in the Federal Register. If the prohibition is adopted as proposed, the 180-day clock starts on publication.
Two related FCC actions are running alongside it. A separate notice in PS Docket 26-184 (91 FR 54713) proposes similar limits on certain previously authorised drones and components added to the Covered List in December 2025, with comments due 23 September 2026. And an equipment-authorisation order published on 11 September (91 FR 57798) takes effect on 13 October 2026. It requires online marketplaces to show a device's FCC ID at the point of sale, with compliance dates of 1 March 2027 and 1 June 2027 depending on the type of marketplace.
Frequently asked questions
Will the FCC ground my thermal or LiDAR drone?
No. The notice says continued use and operation of drones already purchased would not be affected, and existing authorisations would not be revoked. Only further importation and marketing would stop.
Is this already law?
No. It is a request for comment. Comments closed on 2 September 2026, and no final decision had been published by 22 September 2026.
Does it apply to US-made drones?
No. Domestically produced drones and components are excluded, as are Blue UAS Cleared List items, domestic end products and equipment with a Conditional Approval.
How long would retailers have?
The bureaus propose 180 days from Federal Register publication of the prohibition, compared with 10 days for an earlier prohibition on equipment added to the Covered List in 2024 or earlier.
Sources
- Federal Register – Seeking Comment on Prohibiting the Importation and Marketing of Certain Foreign-Produced Military-Grade UAS and UAS Critical Components (91 FR 48870)
- FCC – Public Notice DA 26-758, PS Docket No. 26-189 (released 21 July 2026)
- DroneXL – FCC Drone Ban Comments Counted: 3,770 Against, 16 For
- The Drone Girl – Industry pushes back: Public comments flood the FCC over proposed "military-grade" foreign drone ban
- Federal Register – Comment Sought on Prohibiting the Importation and Marketing of Certain Covered UAS and UAS Critical Components (91 FR 54713)
- Federal Register – Protecting Against National Security Threats to the Communications Supply Chain Through the Equipment Authorization Program (91 FR 57798)