What drone pilots must know

Between court rulings, federal procurement lists and congressional legislation, keeping up with the legal status of foreign-made drones in the United States can feel like a full-time job. Um, I’ve taken it upon myself to make it my job — and if you want to keep funding it, you can contribute to my coffee + site hosting fees fund here!

Anyway, back to the point. Pretty much anyone who flies drones commercially or recreationally has heard about two major regulatory mechanisms targeting foreign drone manufacturers like DJI and Autel: 1. the Department of Defense (DoD) Section 1260H List and 2. the Federal Communications Commission (FCC) Covered List.

While both stem from national security concerns raised by Washington lawmakers preying on anti-China fears, they are two separate rules that operate under completely different federal authorities, affect different groups of pilots and could have vastly different consequences for your future drone fleet.

Here’s the ultimate breakdown of the two major government entities out there right now that are working to ban Chinese-made drones — and what each means for your operations.

At a glance: Key differences

Everything you need to know about the Pentagon’s Section 1260H List (the federal procurement ban)

The Section 1260H list, which was authorized by Congress under the 2021 National Defense Authorization Act (NDAA), requires the Secretary of Defense to identify “Chinese military companies” operating directly or indirectly in the United States.

What it does:

• Restricts federal contracting: Companies listed on Section 1260H (which currently includes DJI) are barred from securing direct procurement contracts or grants with the Department of Defense, the Department of Homeland Security and certain Department of Energy projects.
• Imposes reputational stigma: Inclusion on the list does not make it illegal for other entities or companies to use DJI drones. However, this federal ban has ripple effects, including that it could influence other state-level purchasing bans and private enterprise security policies. It also might leave consumers wondering if it’s wise to use foreign-made drones.

If your business relies heavily on Department of Defense subcontracts, federal public safety grants, or military infrastructure inspection, flying a drone listed on Section 1260H will disqualify you from those specific job bids. If that’s you, you’re best off flying an American made drone (or other approved drone).

Everything you need to know about the FCC Covered List

While the Pentagon’s list targets federal spending, the Federal Communications Commission (FCC) controls the radio spectrum that allows drones to communicate with ground controllers and stream live video feeds.

Under the Secure and Trusted Communications Networks Act, the FCC maintains a “Covered List” of communications equipment and services deemed to pose an unacceptable risk to U.S. national security or public safety. In late 2025, the FCC added all foreign-manufactured drones and drone components to its “Covered List” – effectively banning them from receiving the equipment authorizations required to legally operate in the United States. Though, it has since made some exceptions — of course none for DJI.

What it does:

• Blocks new wireless equipment authorizations: If a drone manufacturer or specific equipment model is added to the FCC Covered List, the FCC cannot grant new radio frequency (RF) equipment authorizations for that hardware.
• Prevents new model sales: Without FCC equipment authorization, a manufacturer cannot legally import, distribute or sell new drone models in the United States.

Just to be clear, this does not ban existing drones. Unless lawmakers or regulators enact retroactive revocation rules, gear you already purchased and registered generally retains its existing FCC authorization.

An FCC authorization restriction impacts the entire U.S. marketplace, whether that’s individual consumers buying a selfie drone at a local camera shop to enterprise programs building fleets for serious use cases.

How you should think about your drone fleet today

A recent D.C. Circuit Court ruling on DJI’s lawsuit against the Department of Defense which sends it back highlights that the Pentagon’s 1260H blacklist is still being actively fought in federal court over classified evidence standards.

However, even if a manufacturer succeeds in challenging a Pentagon procurement listing, drone pilots can’t rest easy. You still need to watch for separate proposals before Congress and the FCC regarding wireless spectrum rules.

If you’re a civilian pilot operating under FAA Part 107, you can continue flying your existing equipment legally. But stay on top of the rules and make your voice heard. In fact, the FCC is seeking public comment on one of its own bans. You can submit your comment here.

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