FCC Files the Pentagon’s DJI Letters, Says Its Ban Didn’t Rely on Them

The FCC has put the Pentagon’s letters to Congress about DJI into the public record of DJI’s Covered List case, and in the same notice said it “did not rely upon these materials” when it banned new DJI products. The eight letters, filed on 14 October 2026 in ET Docket 26-22, are near-identical three-paragraph notes that name DJI but identify no specific threat; the details sit in a classified annex that stays under seal.

The filing matters because DJI’s legal challenge turns on whether a national security agency made the specific determination Congress required. With DJI’s opening brief due in the Ninth Circuit on 2 November, both sides are now building the record.

Quick answer

What the Pentagon letters say

According to DroneXL’s review of the filing, all eight letters are the same text addressed to the chairs and ranking members of committees in both chambers. The first paragraph paraphrases Section 1709 of the FY2025 National Defense Authorization Act and names DJI. The second calls the letter “a national security agency determination and response” and says a classified annex “will be transmitted over secure communications systems.” The third says identical letters went to other committees.

The public versions are thin. The signature block is redacted, no date appears, and the letters contain no description of what risk DJI poses. They also appear in Autel’s docket even though they never mention Autel. DroneXL noted a repeated typo, “Unties States”, and a misnamed committee in one copy. The Pentagon told the FCC in April that it sent the report and annex to Congress on 3 April 2026.

Why the FCC says it didn’t rely on them

The FCC added DJI and Autel to the Covered List on 22 December 2025, alongside all foreign-made drones and critical components. That listing was based on a National Security Determination the FCC received on 21 December from an interagency body convened by the White House, not on the Pentagon letters, which reached Congress more than three months later.

By stating that it did not rely on the letters, the FCC’s Public Safety and Homeland Security Bureau signals that its legal defence rests on the December determination. DroneXL points out that the December notice’s appendix contains almost the same key sentence about “clear national security concerns” as the Pentagon letters, while its public summary focuses on security for the World Cup and Olympics and on the domestic drone industry rather than on a DJI-specific finding.

The timing question

Section 1709 gave national security agencies until 23 December 2025 to determine whether DJI and Autel posed an unacceptable risk, then 30 days to report to Congress. If the December paper is the statutory determination, the reporting window closed on 20 January 2026. The Pentagon’s letters arrived on 3 April, 102 days after the listing and 73 days after that window closed, by DroneXL’s count. A one-page Pentagon memo filed on 6 April said it had given full weight to classified and unclassified information and sent the annex to committees under Section 1709(b)(1)(B).

DJI has argued since January that no appropriate national security agency made the specific determination the statute requires. That argument is the core of its Ninth Circuit petition and of its 21 January petition for reconsideration at the FCC.

Senator Scott weighs in

On 15 October the FCC also entered a four-page letter from Senator Rick Scott, the sponsor of the Section 1709 language, into both the DJI and Autel dockets. Scott urged Chairman Brendan Carr to reject DJI’s petition and Autel’s application for review. He cited a 2017 ICE bulletin on DJI, DJI’s 2020 addition to the Commerce Department’s Entity List, its December 2021 Treasury listing and its October 2022 listing as a Chinese military company, as well as Autel’s designations in 2024 and 2025. Scott wrote: “I have read and agree with the analysis detailed in the classified report.”

Autel told the FCC in May that it had been listed on the basis of classified material it never saw.

Where DJI’s court case stands

• Ninth Circuit: DJI filed on 20 February 2026. On 28 May the court denied the FCC’s motion to dismiss but paused the case while the Commission considers DJI’s reconsideration petition. DJI’s opening brief is due on 2 November 2026, with the FCC’s answer about a month later.
• FCC reconsideration: The Commission has not ruled on DJI’s 21 January petition.
• Pentagon blacklist: In August a D.C. Circuit ruling found the Pentagon’s rationale for listing DJI as a Chinese military company publicly unexplained, DroneXL noted; see our DJI court tracker.

What it means for DJI owners

Nothing changes for drones you already own. Models authorised before 22 December 2025 remain legal to fly and sell, and they can receive software updates until at least 1 January 2029. What the case decides is whether new DJI products, such as the Dock 4 and Matrice 5TD launched this week or a future Mini or Neo, can ever be authorised for the US. Our guides on buying DJI in the US and the 19 foreign drones approved despite the Covered List cover the details.

What to watch

• DJI’s Ninth Circuit brief on 2 November, which will likely argue the April letters came too late and say too little.
• Whether the FCC rules on DJI’s reconsideration petition before the FCC’s answer is due.
• The FCC’s 29 October vote on Chinese test labs and drone spectrum; see our preview.

Frequently asked questions

What did the FCC file about DJI on 14 October 2026?

Eight copies of a Pentagon letter to congressional committees naming DJI under Section 1709 of the FY2025 NDAA, filed in ET Docket 26-22 under Public Notice DA 26-1106. The classified annex remains sealed.

Did the FCC rely on the Pentagon letters to ban DJI?

No. The FCC said it “did not rely upon these materials”. Its December 2025 listing was based on a National Security Determination received on 21 December 2025.

What do the Pentagon’s DJI letters say?

They paraphrase Section 1709, name DJI and say a classified annex was sent separately. The public versions give no specific threat details.

When is DJI’s court deadline?

DJI’s opening brief in the Ninth Circuit is due on 2 November 2026, with the FCC’s answer about a month later.

Is my DJI drone illegal now?

No. DJI drones authorised before 22 December 2025 remain legal to own, fly and sell in the US.

Cover photo: FCC meeting room. Photo: Federal Communications Commission (public domain).

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Sources

• DroneXL: FCC files Pentagon’s sealed DJI letters, says ban didn’t rely on them (15 October 2026)
• FCC Public Notice DA 26-1106 (14 October 2026)
• FCC Public Notice DA 26-1112: Sen. Scott letter (15 October 2026)
• FCC DA 25-1086: December 2025 Covered List notice
• Public Law 118-159 (FY2025 NDAA), Section 1709
• Iowa State CALT: DJI and Autel challenges proceed