Over eight days in late July, the Federal Communications Commission added two entire product categories to its Covered List and proposed stripping import and marketing rights from uncrewed aircraft it had already certified. The consequential feature is not a rate. It is that equipment authorization has become a market access control, and it operates without the tariff system's familiar safety valves.
Under the Trump Administration, the FCC has begun to use its regulatory authority to make significant impacts on trade. The Commission assesses no duties and has no role in customs administration. It does, however, control equipment authorization, and without an FCC authorization a radio frequency device cannot lawfully be imported, marketed, or sold in the United States.
Recently, three FCC actions created barriers that fundamentally impact the robotics, power electronics, and drone industries.
The three actions
July 21, 2026. The Public Safety and Homeland Security Bureau and the Office of Engineering and Technology released Public Notice DA 26-758, PS Docket No. 26-189, seeking comment on prohibiting the continued importation and marketing of previously authorized foreign-produced "military-grade" uncrewed aircraft systems and UAS critical components. The notice was published in the Federal Register on August 3, 2026. Comments are due September 2, 2026.
July 22, 2026. The Commission adopted FCC 26-50, a Third Report and Order and Third Further Notice of Proposed Rulemaking in ET Docket No. 21-232, prohibiting authorization of devices containing "logic-bearing hardware components" produced by entities identified on the Covered List.
July 28, 2026. The Bureau released Public Notice DA 26-786, adding "Foreign-produced power inverters" and "Foreign-produced advanced robotic devices" to the Covered List, in each case except equipment granted a Conditional Approval by the Department of War, or by the Department of War or DHS for inverters. A companion order, DA 26-789, waived the prohibition on Class I and Class II permissive changes so that previously authorized devices may continue to receive software and firmware updates that mitigate consumer harm, at least until January 1, 2029. Hardware modifications are not covered.
All of these FCC actions relate to the "domestic content" test and the term "foreign-produced," which the underlying National Security Determinations define by reference to the Buy American standard at 48 C.F.R. § 25.101(a). Under these standards, an item qualifies as a domestic end product only if it is manufactured in the United States and the cost of domestic components exceeds 65 percent of total component cost for items delivered in calendar years 2024 through 2028, rising to 75 percent for items delivered beginning in calendar year 2029. Components of unknown origin are treated as foreign.
This requires a cost accounting analysis. Companies that have never sold to the government may never have previously computed a "domestic content" figure under the FAR standard. To import going forward, they would now have to do so on a per-model basis, treating any materials of unknown origin as foreign content.
Equipment authorizations
The “Covered List” is maintained under the Secure and Trusted Communications Networks Act of 2019. Radio-frequency equipment appearing on the Covered List cannot receive a FCC authorization, and therefore cannot be legally imported, marketed or sold.
New authorizations are therefore impacted. A new model of inverter, robotic device etc., need to review whether the product requires FCC authorization, and whether it falls within the Covered List definitions, and whether it can satisfy the domestic-end-product test, or obtain a conditional approval.
The FCC has also issued a related waiver allowing certain Class I and Class II changes to previously authorized covered equipment, including software and firmware updates. The waiver is not intended to provide a general authorization for hardware changes. These permissive changes are intended to mitigate harm to consumers as a result of these new rules, and will be available to the industry through January 1, 2029.
Drone rulemaking is pending
Separately, the FCC has sought comments on a proposal to potentially prohibit the continued importation and marketing of certain previously authorized foreign-produced “military-grade” uncrewed aircraft systems and UAS critical components.
The proposal would reach specified categories of UAS, including systems weighing 55 pounds or more, systems capable of dispensing chemicals, drones equipped with thermal imaging or LiDAR, certain docking stations, defense-payload-capable systems, and swarming systems. It is a proposal, not a final prohibition, and affected businesses should monitor the proceeding and assess whether their products, components, or customers fall within its scope.
This post is for informational purposes only and does not constitute legal advice.