FCC To Vote on New Rules, DJI Appeals Court Ruling, OPD Rescues Kayakers with Drone

Welcome to your weekly UAS news update, and we have three stories for you this week. The FCC is set to vote on new rules that could impact covered list entities. DJI is appealing a Chinese military company court ruling. And finally, we have a drones for good story in New York State. So, let’s get to it.

FCC Voting on New Rules

First up, the FCC is making some moves that could affect manufacturers of drones selling in the United States. FCC Chairman Brendan Carr announced that the agency will vote on October 28th to close two major loopholes that companies on the covered list have been using. If you’re not familiar with the covered list, it’s the list where the FCC prohibits approval for devices produced by those companies.

The proposed rule would do two things. First, it would prohibit the authorization of any new devices that contain components from a covered list company. Second, it would give the FCC the power to revoke previously issued authorizations in specific cases.

This vote is happening just as DJI faces a December 23rd deadline from the National Defense Authorization Act. If a security review is not completed by then, DJI would be added to the covered list. The FCC rules are not necessarily geared towards DJI, though Autel is also set to be added to the covered list. However, this could be a direct shot at the strategy used by companies like Sky Rover and Joy Stars, which have been rebranding DJI drones.

According to the FCC press release, they may also issue an NPRM (notice of proposed rulemaking) to follow. The rule could also prevent the importation and sale of devices that are already approved. We’re going to keep an eye on this one, as it could have significant consequences.

DJI Appeals Pentagon Designation

Next, in a related story, DJI is appealing a federal court decision that kept it on the Pentagon’s Chinese military company list. This is a really interesting case because DJI appears to be in a legal paradox—they seem to have won based on the facts, but they actually lost in court.

On September 26, a DC district court judge ruled that DJI would remain on the list, but the decision explicitly rejected most of the Defense Department’s core allegations. The court found no evidence that DJI is owned or controlled by the Chinese Communist Party or that it’s linked to a military-civil fusion enterprise.

The court only upheld two of the Pentagon’s claims. The first is that DJI holds national enterprise technology center status, which the court acknowledged is widely granted to innovative tech companies, including some U.S. companies. The second is that DJI has substantial dual-use applications, which is also true for many off-the-shelf technologies. It’s like saying Toyota is a terrorist organization because some terrorists use Toyota trucks.

Critically, the court found no evidence of actual misuse by the Chinese military. Despite this, the judge deferred to the Pentagon’s broad discretion on national security, keeping the label in place. This designation restricts federal contracts and concerns the private sector, which is a major problem when DJI still controls 76 to 90 percent of the U.S. consumer drone market, depending on the source.

This appeal is a major test of whether national security designations will require hard evidence or just basic allegations. DJI is appealing the court’s decision, and we’ll keep you updated as this unfolds. It’s sure to take a while.

Drones for Good: Rescue in New York

Finally this week, a drones for good story. The Olean Police Department in upstate New York used a thermal drone to rescue three kayakers in distress on the Allegheny River. The distress call came in around 8:00 p.m., and in the darkness, traditional search would have been difficult.

Instead, police and fire personnel quickly deployed their drone, which appears to be a Mavic 3 thermal. Within minutes, the drone picked up the heat signatures of two of the kayakers in the cold water, drastically cutting down search time and likely preventing hypothermia. The search team then shifted to the surrounding woods and located the third person on land.

This is a fantastic example of how this technology is becoming essential for departments of all sizes. Olean is a city of only about 14,000 people, which shows that you don’t need to be a major metropolitan agency to have life-saving aerial capabilities.

We’ve seen time and time again that thermal drones are a major force multiplier for first responders. These are the stories we love to share, highlighting the positive impact drones have in our communities.

This Week on PostFlight

This week on PostFlight, which is our show in the premium community, we’re going to discuss these stories and a $500 million counter-drone program being set up for the upcoming World Cup in the United States.

Have a great weekend, and we’ll see you on Monday!