Pentagon Opposes DJI’s FCC Petition, Citing Classified Intelligence in Drone Ban Debate

Department of Defense Opposes DJI’s Petition to Remove Ban

The Department of Defense (DoD) has submitted a memorandum to the Federal Communications Commission (FCC) opposing DJI’s request to be removed from the agency’s Covered List. This development was first reported by Broadband Breakfast on April 7. The memo indicates that the national security assessment leading to DJI’s ban was based on both classified and unclassified intelligence, including a classified annex submitted to Congress on April 3, 2026.

DJI’s original petition for reconsideration was filed on January 21, 2026, arguing that the FCC had exceeded its authority and violated procedures when it added the company’s products to the Covered List on December 22, 2025. The FCC had set an opposition deadline for April 6, 2026.

DoD’s Concerns Over Foreign Drones

In its filing, the DoD stated that it participated in an interagency review that concluded certain DJI technologies produced abroad pose an “unacceptable risk” to U.S. national security and the safety of U.S. persons. The Pentagon emphasized that its conclusion was not solely based on publicly available data security concerns but was informed by classified intelligence.

This classified information complicates DJI’s ability to defend itself, as the company cannot challenge evidence it has not seen. Historically, courts have granted federal agencies significant deference in national security matters, particularly when classified materials are involved. This was evident in DJI’s previous legal challenge regarding the Pentagon’s designation of the company as a “Chinese Military Company.”

Ongoing Legal Challenges for DJI

DJI is currently engaged in three separate legal battles against the U.S. government. These include:

• The FCC reconsideration petition (ET Docket No. 26-22), which the Pentagon has opposed.
• A Ninth Circuit petition (Case 26-1029) challenging the Covered List designation in federal court.
• A pending appeal in the D.C. Circuit regarding the Pentagon’s Section 1260H military company designation.

The DoD’s recent filing complicates these legal efforts. If the FCC accepts the Pentagon’s recommendation and dismisses DJI’s petition, it would eliminate a key administrative route for the company to regain access to the U.S. market. In the Ninth Circuit, the presence of classified evidence could hinder DJI’s legal team from effectively challenging the government’s claims.

Regulatory Landscape and Future Implications

The timing of the DoD’s opposition coincides with the FCC’s broader agenda to promote domestic drone manufacturing. A public notice released on April 1 opened comments on spectrum reforms and regulatory changes aimed at supporting U.S. drone production. This initiative aligns with efforts to block foreign drones while incentivizing domestic alternatives.

DJI’s response to the opposition filings is due by May 11. The Foundation for Defense of Democracies has also filed an opposition, arguing that DJI’s petition overlooks documented security flaws. The growing administrative record against DJI raises concerns about the company’s ability to mount a successful defense.

Analysis of the Situation

This recent development marks a significant shift in the regulatory landscape surrounding DJI. The explicit reference to classified intelligence in the DoD’s filing suggests that the government possesses specific information that could substantiate its claims against the company. However, this does not equate to proving that DJI is a threat.

As the situation unfolds, DJI’s May 11 reply will be critical. If the company can compel the government to disclose or clarify the classified evidence, it could reshape the legal proceedings. Conversely, if courts defer to the classified annex without scrutiny, it could set a precedent for banning foreign technology companies from U.S. markets based on undisclosed evidence.