FCC Keeps September 2 Deadline for Comments on Proposed “Military-Grade” Drone Restrictions

DRONERESPONDERS and the Commercial Drone Alliance sought more time as the FCC considers restrictions covering foreign-produced UAS with thermal imaging, LiDAR, docking stations and other capabilities.

The Federal Communications Commission has denied requests to extend the comment period on a proposal that could restrict the continued importation and marketing of certain previously authorized foreign-produced drones and drone components.

The FCC’s Public Safety and Homeland Security Bureau and Office of Engineering and Technology denied requests from DRONERESPONDERS, the Commercial Drone Alliance (CDA), and American Fuel & Petrochemical Manufacturers (AFPM). Comments remain due September 2, 2026.

At issue is a July 21 proposal concerning foreign-produced UAS and UAS critical components that are both on the FCC’s Covered List and meet its proposed definition of “military-grade.” That definition includes technologies widely used in commercial operations, making the details of the proposal important for the broader drone industry.

Read the FCC’s July 21 Public Notice, DA 26-758

What the FCC Is Considering

The proposal is not a blanket prohibition on all foreign-made drones. It applies to previously authorized foreign-produced UAS and critical components that are both on the Covered List and fall within the proposed “military-grade” categories.

The FCC proposes seven categories:

• UAS weighing 55 pounds or more at takeoff;
• UAS capable of dispensing “economic poison” as defined under FAA rules;
• UAS containing or integrating thermal imaging sensors;
• UAS containing or integrating LiDAR sensors;
• UAS docking stations;
• UAS “specially designed to incorporate a defense article”; and
• certain swarming or coordinated UAS systems.

The FAA definition of “economic poison” referenced by the FCC includes substances intended to prevent, destroy, repel or mitigate pests, as well as plant defoliants and drying agents. That definition can encompass substances dispensed by agricultural UAS.

The proposed swarming category also extends beyond defense applications. It includes UAS purpose-built for coordinated and synchronized formations, with the FCC specifically citing multi-UAS light shows as an example.

The Commission is seeking input on whether these categories draw the appropriate line, asking:

“Are there UAS and UAS critical components that are listed above, but are not military-grade?”

What Would and Would Not Be Restricted

The proposed restrictions would not apply to domestically produced or non-military-grade UAS and critical components. Federal government use and importation or marketing for commercial testing and product development would also be excluded.

Equipment exempt from the Covered List would remain outside the proposed prohibition. Current exemptions include equipment on the Blue UAS Cleared List, qualifying domestic end products under the Buy American Standard, and equipment granted Conditional Approval by the Department of War or Department of Homeland Security.

Importantly, the proposal would not prohibit continued use of equipment already purchased. Existing authorizations would remain in place for those devices.

If adopted, affected parties would have 180 days after publication in the Federal Register to stop importation and marketing. The FCC is requesting information about existing U.S. inventory, equipment en route to the country, and devices covered by existing distribution or sales agreements.

DRONERESPONDERS and CDA Asked for More Time

DRONERESPONDERS filed a motion on August 24 asking the FCC to extend the deadline from September 2 to September 30.

According to the FCC order, the organization said additional time was needed to consult affected organizations, gather information and develop a more complete response.

DRONERESPONDERS wrote: “A meaningful response will require thinking through equipment supply chains, cybersecurity mitigations, public safety needs, and national security considerations.”

It also said the timing could make coordination difficult for public safety agencies and emergency response personnel.

CDA filed its extension request on August 26 in support of the DRONERESPONDERS motion. According to the FCC’s summary, CDA argued that more time would allow affected parties to address the proposal with greater specificity and provide practical input. It also said stakeholders could gather current information and develop more precise, evidence-based recommendations. The FCC said CDA argued that this would help it evaluate the “operational, technical, and commercial realities of the UAS marketplace.”

FCC Cites National Security in Denying Requests

The FCC declined to change the deadline.

“National security concerns require us to act as expeditiously as possible when deciding on such an important public interest matter,” the Commission’s bureaus wrote.

The FCC said it considered the organizations’ arguments but concluded that maintaining the schedule would allow timely consideration of the proposal.

The underlying proposal also asks for evidence about potential economic and supply-chain effects. The FCC tentatively concludes that those impacts would not be substantial, but specifically asks whether domestic alternatives exist and requests “data and other specific evidence of economic costs.”

Why the Definition Matters for Commercial Drone Operators

For commercial operators, one of the central questions in the proceeding is what the FCC ultimately defines as “military-grade.”

The proposed categories include thermal imaging, LiDAR, docking stations, certain agricultural dispensing capabilities and coordinated multi-drone systems. Those technologies and capabilities are also found in commercial and public safety applications.

The FCC itself is asking whether all of the equipment captured by its proposed categories should be considered military-grade, while also seeking evidence about economic and supply-chain effects.

With the extension requests denied, stakeholders have until September 2 to put that information into the record.

Comments can be filed through the FCC’s Electronic Comment Filing System under PS Docket No. 26-189.

FCC Electronic Comment Filing System (ECFS)