FCC Files Sealed Pentagon DJI Letters in Ban Fight

The FCC filed eight Pentagon letters about DJI into the record of the company's Covered List proceeding on October 14, 2026, and stated that its bureau "did not rely upon these materials" when it banned new DJI models. The public text names DJI but describes no specific threat, and the substance sits in a classified annex.

According to DroneXL, the letters went into ET Docket 26-22 (DJI) and ET Docket 26-23 (Autel) under Public Notice DA 26-1106. For pilots, the practical effect is unchanged: new DJI models still cannot receive US authorization.

What Did the FCC File?

The FCC filed eight identical letters signed by Michael P. Cadenazzi, Assistant Secretary of War for Industrial Base Policy. Each is addressed to a congressional chair or ranking member, 16 lawmakers in total.

• The public text is three paragraphs long and redacts the signature block.
• The second paragraph calls the letter "a national security agency determination and response" and points to a classified annex sent through secure channels.
• Autel is not named in the letters, although the Section 1709 list includes it.
• Sen. Rick Scott sent FCC Chairman Brendan Carr a letter dated October 14, filed October 15 under DA 26-1112. He says he read the classified report, agrees with its analysis, and that it also covers Autel.

Background: What Is Section 1709?

Section 1709 of the FY25 National Defense Authorization Act (Public Law 118-159) required national security agencies to decide whether DJI and Autel pose an unacceptable risk. Agencies had until December 23, 2025 to decide, then 30 days to report to Congress with a classified annex.

The FCC added DJI to its Covered List on December 22, 2025, based on a determination it received on December 21 from a White House interagency body. The Pentagon says its own letters and annex reached Congress on April 3, 2026, according to its April 6 opposition memo.

Why Does the Timing Matter?

DJI argues that no appropriate national security agency ever made the specific determination the statute requires. DroneXL's analysis notes that if the December paper counts as the determination, the reporting window closed January 20, 2026, and the Pentagon letters arrived 73 days late. If the Pentagon letter is the determination, it came more than three months after the ban.

By saying it did not rely on the letters, the FCC leans on the December paper. That framing may shape the Ninth Circuit case, where DJI's opening brief is due November 2. DJI has not issued a new statement on the filing.

What This Means for Drone Pilots

Nothing changes today for drones you already own. The Covered List action blocks new DJI models from US equipment authorization, which affects upcoming Mini and Matrice releases. Our guide Is DJI Banned in the US? tracks the current status, and the DJI drones complete guide covers which models are available.

Pilots outside the US are not directly affected by the FCC action, but US availability influences global pricing and launch schedules. Watch for an FCC ruling on DJI's reconsideration petition before the November 2 brief.

Sources: DroneXL | DroneXL on the Pentagon opposition memo