Chinese drone company sues FCC over ‘covered list’ decision

A prominent Chinese drone manufacturer is suing the FCC over a decision to limit foreign made drones in the U.S. (Photo by Mark Newman/Getty Images)

The Chinese company DJI, known for its suite of camera, civilian and agricultural drones, filed a petition for review with a federal appeals court over a Federal Communications Commission decision to restrict foreign drones in the U.S. 

In December, the FCC updated its “covered list,” a list of devices that are “deemed to pose an unacceptable risk to the national security of the U.S.” to include unmanned aircraft systems, also called UAS, and critical components of UAS that are produced in foreign countries. 

Effectively, this means all new foreign-made drones, unless they have express permission from the U.S. Department of Homeland Security or the U.S. Department of Defense, cannot receive FCC authorization and therefore cannot be sold in the U.S.

The decision could cause some disturbances in the agricultural spray drone industry, of which Chinese-made drones account for more than 90%. 

DJI filed an appeal of the FCC decision in the U.S. Court of Appeals for the Ninth Circuit.

A spokesperson for DJI called the FCC’s decision “procedurally and substantively flawed” since FCC has “never identified any threat associated with DJI or its products.” 

A FCC news release on the decision states that a “thorough review” by an executive branch agency decided foreign-produced drones pose too much of a risk, especially as the nation prepares for mass-gathering events like the 2026 FIFA World Cup, America 250 Celebrations and the 2028 Olympic Games in Los Angeles.

The decision to ban all foreign-made drones follows the National Defense Authorization Act, which called for DJI and another Chinese drone manufacturer, Autel Robotics, to be placed on the covered list unless a federal agency reviewed the company and determined it did not pose a threat to national security.

That audit was not performed. 

Ag spray drones are just taking off, but a ban on Chinese tech could ground the industry

“Despite repeated efforts to engage with the government, DJI has never been given the chance to provide information to address or refute any concerns,” the spokesperson with DJI said in a statement. “These procedural and substantive deficiencies violate the Constitution and federal law.” 

DJI has also petitioned a U.S. Department of Defense decision that listed the company as a Chinese military company due to its alleged ties to the People’s Republic of China and the Chinese Communist Party. 

Further, DJI argues that placement on the FCC covered list poses “great harm” to customers.

While the covered list placement allows already purchased drones to be still be used in the U.S., DJI, and other foreign drone companies, will not be able to offer updates to their existing customers. 

“Americans across industries—including small business owners, public safety officers, farmers, and creators—have been and will continue to be affected, losing access to the tools they rely on to make a living and save lives,” the DJI spokesperson said. 

Eric Ringer, president of the American Spray Drone Coalition, said the group, which represents farmers and agricultural spray drone operators, still wanted the security review of DJI that was called for in the National Defense Authorization Act. 

“ASDC’s mission is to safeguard farmer choice while promoting responsible governance,” Ringer said. “That’s why we want the facts on the table. Quantifying any existing security threat allows us to implement policies that mitigate it. Our farmers deserve to know the truth about the tools they use.”

Ringer pointed to a recent instance in which one individual hacked into thousands of DJI vacuum cleaners and was able to access their audio and video feeds. 

“If these vulnerabilities exist in a vacuum cleaner, we need a transparent audit to prove whether they exist in the high-capacity spray drones over our critical crops,” Ringer said.

Regardless of the DJI lawsuit and FCC listing, Ringer said the spray drone industry needs to break away from relying on a single foreign country for its technology. 

“The strategic risk of over-reliance is real.” Ringer said. “We must stimulate a domestic industrial base so that American farmers are never caught in the crossfire of a legal showdown or a software vulnerability.”