DJI Takes FCC to Court Over Drone Ban in Major Legal Battle
The world's largest drone manufacturer, DJI, has initiated a high-stakes legal confrontation with America's Federal Communications Commission (FCC). Headquartered in Shenzhen, China, the company filed a formal petition with the US Court of Appeals for the Ninth Circuit, seeking to overturn the FCC's decision to include DJI on its Covered List. This move marks a significant escalation in the ongoing tensions between the United States and Chinese technology firms, particularly in the drone sector.
Details of the FCC's Covered List and Its Implications
In a statement, DJI expressed strong opposition to the FCC's ruling, arguing that it "carelessly restricts DJI’s business in the U.S. and summarily denies U.S. customers access to its latest technology." The Covered List, established under the Secure Networks Act, identifies communications equipment and services deemed to pose unacceptable risks to US national security or safety. Equipment on this list is prohibited from receiving FCC authorization, which is mandatory for importing, marketing, or selling electronic devices in the US.
Key aspects of the Covered List include:
- It is updated only after direction from qualified national security authorities, not unilaterally by the FCC.
- New models of listed devices cannot obtain FCC authorization, blocking their entry into the US market.
- Existing devices previously authorized by the FCC can still be sold and used, allowing consumers to continue with lawfully purchased products.
Background of the Ban and DJI's Response
The FCC's decision, announced in December 2025, affects not only DJI but also other foreign drone companies like Autel. It prevents these firms from obtaining necessary approvals to sell new drone models or critical components in the US, though existing versions remain available. DJI, which dominates the US drone market, reportedly requested multiple audits of its devices by the US government prior to the import ban.
In its petition dated February 20, 2026, DJI contends that the FCC "exceeded its statutory authority, failed to observe statutorily required procedures, and violated the Fifth Amendment" by adding its products to the Covered List. The company is asking the court to invalidate the ruling and provide appropriate relief.
FCC's Justification and Broader Context
The FCC defended its action in a December 22 statement, citing concerns that drones could be exploited by "criminals, hostile foreign actors, and terrorists" to threaten homeland security. The decision followed a review by an interagency body with national security expertise, convened by the White House. Notably, while the FCC has granted exemptions for some foreign-made drones and components from countries like Europe, Japan, and South Korea, no such exemptions have been extended to Chinese products.
This legal challenge underscores the deepening rift in US-China tech relations, with DJI's lawsuit potentially setting a precedent for how American regulatory actions against Chinese companies are contested in court. The outcome could significantly impact the global drone industry and international trade dynamics.
