FCC Covered List Expansions: Foreign Drones and Drone Critical Components Are Now Restricted

Bottom Line Up Front

The Federal Communications Commission (FCC) has banned all new foreign-made drones and components over concerns the equipment poses “an unacceptable risk” to national security. Following the December 21, 2025, National Security Determination (NSD), the FCC announced a major expansion of its Covered List in the December 22, 2025, Public Notice (the Public Notice). The expansion added uncrewed aircraft systems (UAS),¹ foreign-produced UAS critical components,² and certain communications and video surveillance equipment identified in section 1709 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025³ (collectively, the restricted UAS items) to the Covered List. This move effectively blocks restricted UAS items from receiving FCC authorizations, which means — absent a narrow exception — they cannot be imported into the US for use or sale.

National Security Determination

The December 21, 2025, NSD provides, in pertinent part, that an executive branch interagency body convened, and ultimately determined that:

UAS produced in a foreign country pose an unacceptable risk to the national security of the United States and to the safety and security of U.S. persons and should be included on the FCC’s Covered List, unless the Department of War or the Department of Homeland Security makes a specific determination to the FCC that a given UAS or class of UAS does not pose such risks.

The NSD made the same finding with respect to UAS critical components and all communications and video surveillance equipment and services listed in section 1709(a)(1) of the FY25 NDAA, requiring the FCC to add them to the Covered List as well.

To support this determination, the NSD references threats posed by UAS, such as cartels using UAS to smuggle drugs across the US border; frequent unidentified UAS incursions on military bases; and hostile drone activity related to and involving crowds and mass gatherings. With respect to mass gatherings specifically, the NSD highlights “the FIFA World Cup, America250 celebrations, and the Olympic and Paralympic Games.” The NSD also cites the following two recent and relevant executive orders (EOs) issued by President Trump in support of its findings:

• EO 14307, issued on June 6, 2025, which directs the US government to accelerate safe commercialization, integration, domestic production, and exportation of drone technologies; strengthen the American drone industrial base; and reduce reliance on foreign sources to ensure US leadership in UAS.
• EO 14305, also issued on June 6, 2025, which directs a coordinated federal effort to strengthen US control over national airspace and protect the public, critical infrastructure, and sensitive sites from threats posed by unauthorized or dangerous drone activity.

FCC Public Notice

The day after the NSD’s publication, the FCC issued the Public Notice, confirming that the restricted UAS items were added to its Covered List. For context, the Covered List identifies equipment and services deemed to pose an unacceptable risk to US national security or the safety of US persons. Unlike prior additions — such as Huawei and ZTE in 2021, which were entity-specific — the UAS prohibition is based on the equipment’s place of manufacture. In short, the Public Notice confirms that the newly covered equipment “must be produced in the United States,” absent an exception.

Federal Authorizations

The FCC regulates the commercial radio spectrum — the finite range of frequencies used for wireless communications. Because the spectrum is limited, federal law requires FCC authorization for any device that transmits or receives signals wirelessly. Without this authorization, such equipment can neither be legally operated in nor imported, marketed, or sold in the US. Since applicants seeking approval must certify that their equipment or services are not “covered” — meaning they do not fall within the categories identified in the FCC’s Public Notice and, more generally, the Covered List — applicants should note that items on the FCC’s Covered List are categorically barred from obtaining an FCC authorization.

Key Takeaways for Companies in the Drone Manufacturing Space

• As highlighted in the FCC Fact Sheet associated with the Public Notice, “new devices on the Covered List, such as foreign-made drones, are prohibited from receiving FCC authorization and are therefore prohibited from being imported for use or sale in the U.S.”
• The UAS prohibition relates to new devices falling within the restricted UAS items category. To the extent that the FCC previously authorized foreign-produced restricted UAS items, that authorization remains in place and the prohibitions will not apply. However, modifications to previously authorized restricted UAS items may require a new authorization, and such an authorization may not be granted. 
• Consumers may continue using any previously purchased drones.
• US drone manufacturers should audit their supply chain to confirm that all UAS critical components and all FY2025 NDAA section 1709–identified communications and video surveillance equipment are manufactured in the US.
• Finally, US drone manufacturers should carefully review federal solicitations and funding opportunities for any language requiring FCC authorization. Ensuring that all related certifications are accurate and up-to-date is critical to avoid compliance issues and minimize potential False Claims Act exposure.

Goodwin’s Government Contracts & Grants team has significant experience counseling clients engaged in the manufacture and sale of commercial and government UAS. They also have extensive expertise in helping clients navigate the rapidly changing laws and regulations that impact these activities. Please contact the authors of this alert or the Goodwin lawyer who you work with regularly if you have questions.