ROBBRIEF
A 26 page filing argues the agency's seven capability list has no basis in the National Security Determination the proposal cites.
The FCC is moving to bar importation and sale of foreign-made drones it calls "military-grade," defined not by company or country but by seven capabilities: LiDAR sensors, thermal cameras, autonomous docking stations, swarming software, agricultural spraying systems, defense-integration hardware, and aircraft weighing more than 55 pounds. The public comment period on the proposed rule closed after drawing nearly 4,000 submissions from drone pilots, public safety agencies, businesses, and manufacturers.
DJI, the Chinese drone maker at the center of prior US restrictions, has now answered with a 26-page filing arguing that the seven-capability buckets are an "entirely post-hoc creation of the Bureaus" with "no foundation" in the December 2025 National Security Determination the proposal cites. The objection is procedural: it challenges whether the underlying Determination actually authorizes those seven buckets, not whether the rule's policy is sound.
The stakes extend beyond DJI. LiDAR-assisted obstacle sensing is already a feature on consumer models including the DJI Mini 5 Pro and Air 3S, used for crash avoidance in low-light flight rather than military applications. Commercial inspection, search-and-rescue, mapping, and agricultural operators all rely on equipment that could fall under the same capability buckets.
The post-hoc claim is DJI's position in a filing, not an established finding. The FCC's public response on whether the December 2025 Determination authorizes the seven-capability definition will shape the final order.