The FCC Wants Public Comments on Its DJI Drone Ban. The Evidence Is Classified.
The FCC's DJI Drone Ban Enters Its Final Public Phase. The Real Fight Starts After May 11.
The Federal Communications Commission is asking ordinary Americans to weigh in on whether DJI, the world's largest drone maker, should be permanently locked out of the US market. The comment window closes May 11. Here is the problem: the evidence that presumably justifies the ban is classified, and DJI says the government has never shown the company a specific piece of evidence proving its products pose a national security threat. DroneDJ DRONELIFE
That is not a minor procedural grip. It is the central paradox of a policy fight that will determine whether the FCC can designate a company's hardware as a security risk without ever having to show the company why.
DJI filed its petition for reconsideration on January 21, 2026, asking the FCC to remove it from the Covered List — the roster of foreign communications equipment deemed a national security threat. DRONELIFE The December 2025 expansion that put DJI on the list was the FCC's first use of that authority to cover complete drone systems, not just telecom gear. DroneDJ In its filing, DJI argues the commission exceeded its statutory authority and bypassed required procedural steps. The company also argues it was denied due process: the government has never shown DJI concrete evidence that its products pose a threat, DJI says, despite repeated requests to address those concerns directly. DroneDJ
The Pentagon disagrees. A recent memo submitted to the FCC — citing classified intelligence — urges complete rejection of the petition. DroneDJ The department's position is that certain foreign-made drone systems present unacceptable risk to national security. DJI disputes this: the whole point, the company argues, is that it cannot rebut evidence it has never seen. DRONELIFE
A two-track legal fight
DJI is pursuing its challenge on two separate fronts simultaneously.
The first track is the FCC petition, the one with the May 11 comment deadline. The second is a parallel lawsuit in the US Court of Appeals for the Ninth Circuit, where DJI is trying to get the underlying Covered List designation overturned on constitutional and administrative law grounds. DRONELIFE This week the government filed its response, arguing DJI's appeal is incurably premature because the underlying FCC action is not yet final under administrative law — the full FCC Commission has not yet acted on the petition. DJI's counterargument is that the harm is immediate: new products cannot get FCC authorization right now, regardless of whether a full commission vote has occurred.
If the Ninth Circuit accepts the government's position, DJI's day in court on the broader constitutional questions gets delayed significantly. If it does not, the company may get to argue those questions sooner.
What American drone users are saying
The FCC Covered List restriction does not prohibit existing DJI drones that already have authorization. Americans who own Mavic, Mini, Air, or Inspire series drones can continue flying them. The restriction blocks new product authorizations: new models cannot get FCC approval to be imported, marketed, or sold in the US. FCC
The practical consequence is a two-tier drone market. Existing DJI hardware remains legal. Future DJI hardware does not.
For many American drone operators, that distinction is not abstract. A search-and-rescue volunteer in Montana told the FCC in a public comment that thermal-equipped DJI drones are essential tools for locating missing persons, and that no comparable American product yet matches the combination of price, performance, and availability. A retired airline pilot and FAA Part 107 license holder wrote that DJI drones remain far ahead of competitors in aerial photography and videography and that reversing the decision is necessary to avoid setting back the commercial drone industry by leagues and bounds. An infrastructure inspector described using DJI platforms for powerline and bridge inspections where no other system offers the same combination of endurance and payload capacity. DroneDJ
These are not hobbyist complaints. They are professional operators describing what their workflows actually depend on.
DJI has told the FCC it could lose roughly $1.5 billion in US sales in 2026 because of restrictions already blocking product launches. Twenty-five planned product introductions are affected, according to the company. DroneDJ More than 460 public comments have already flooded the FCC's Electronic Comment Filing System. DRONELIFE
The American alternative question
The FCC action has accelerated an ongoing conversation about domestic drone manufacturing. Skydio, which has positioned itself as the American answer to DJI for autonomous flight, has seen increased attention from government customers. Parrot, ACSL, Teledyne FLIR's SIRAS platform, and the Inspired Flight IF800 have all seen mention as NDAA-compliant alternatives for government and public safety use.
Whether those alternatives are adequate substitutes for the full range of commercial and professional DJI use cases is a different question. The consensus among professional operators is more mixed than the policy debate suggests. Price, ecosystem maturity, repair infrastructure, software compatibility, and flight time all factor into purchasing decisions, and on several of those dimensions DJI's dominance is not simply a function of price.
The Drone Advocacy Alliance has a simpler message for the FCC: countries like Canada and Mexico will continue getting access to newer drone technologies while American users fall behind. DroneDJ That is a competition argument, not a security argument. It is one the FCC is not required to weigh. But it is part of the public record.
What happens after May 11
After the comment period closes, the FCC will review the full record — public comments, the Pentagon memo, DJI's petition, any replies — and make a decision. The commission has not announced a timeline.
The outcome will affect more than DJI. The Covered List framework was originally designed for telecommunications equipment. The December 2025 expansion to drones marked a significant new application of that authority. FCC A decision on DJI's petition will signal how the FCC intends to apply that expanded authority going forward.
If the FCC denies the petition, DJI's options narrow to the courts and possibly Congress. If it grants reconsideration and reverses the designation, the political and legal backlash from Congress and national security agencies will be immediate.
Either way, the May 11 deadline is the end of the beginning, not the beginning of the end.