FCC Prohibits Foreign UAS Authorization; Existing Models Unaffected
In December, the Federal Communications Commission (FCC) received from the Executive Branch interagency body (which includes the appropriate national security agencies) a specific determination that Uncrewed Aircraft Systems (UAS) and UAS critical component parts that are produced in foreign countries should be included on the FCC’s Covered List.
The FCC’s Covered List is a list of communications equipment and services that are deemed to pose an unacceptable risk to the national security of the U.S. or the safety and security of U.S. persons. Equipment on the Covered List is prohibited from getting FCC equipment authorization, which is required for importation, marketing or sale in the U.S.
The FCC cannot update this list on its own and is required to implement determinations that are made by our national security agency experts. In their determination, the national security agencies referenced, among other things, concerns that foreign-made UAS could be used for attacks and disruptions, unauthorized surveillance and sensitive data exfiltration. Additionally, the determination noted that reliance on such devices unacceptably undermines the U.S. drone industrial base.
Crucially, this update to the Covered List does not prohibit the import, sale or use of any existing device models previously authorized by the FCC. In other words, previously purchased UAS and UAS already on the market are not affected.
New foreign made UAS and UAS critical components will, going forward, be prohibited from receiving FCC authorization and are therefore prohibited from being imported for use or sale in the U.S. For perspective, these UAS critical components include, but are not limited to:
- Communications Systems
- Flight Controllers
- Navigation Systems
- Sensors and Cameras
- Batteries and Battery Management Systems
- Motors
To stakeholders in the Uncrewed Aerial Application System (UAAS) industry who have been following this issue closely, this action was not overly surprising and fits into the consistently messaged broader intent of the administration to transition toward U.S.-based drone manufacturing and reduced reliance on foreign suppliers.
While this will certainly spur new UAAS development by U.S. manufacturers, current UAAS operators can rest assured that parts for their existing FCC-authorized models will remain available, they can continue using aircraft they currently own, and models with existing FCC authorizations will still be permitted to be sold and utilized.