I’m an American drone pilot. The US drone ban may be about to get worse, as the FCC’s definition of “military-grade” could remove popular drones like the DJI Mini 5 Pro

DJI Mini 5 Pro drone
(Image credit: Future)

After preventing all newly announced foreign-made drones from hitting US shelves last December, the Federal Communications Commission (FCC) is proposing a move that would remove some existing drones from the market – including popular consumer models like the DJI Mini 5 Pro and the DJI Avata 360.

Last year, the FCC added DJI and all foreign-made drones to the “Covered List,” effectively preventing all newly announced consumer drones from entering the US, as no US brands currently build consumer drones.

While the move was a devastating blow for drone pilots, the FCC may be about to expand the ban to include some “military-grade” features in a move that would retroactively remove previously approved drones from store shelves.

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While the move would revoke FCC approval for those models to be sold in the US, current pilots using those models would be allowed to continue to fly them.

The FCC is currently proposing to retroactively ban foreign-made drones that fall under a list of “military-grade” drone features. That list of military features includes drones capable of spraying aerosol, thermal drones, drone docking stations, and drones that weigh 55 pounds or more.

But the proposal also lists one key feature that could effectively remove several popular consumer-grade drones from the market: LiDAR.

LiDAR technology uses pulses of light to measure distance. Some high-end LiDAR drones are used for 3D mapping but, importantly, several consumer-grade drones use LiDAR for obstacle avoidance.

The DJI Avata 360 (Image credit: Future)

LiDAR is a key safety feature used to prevent drone crashes on popular consumer models, including the DJI Mini 5 Pro, the DJI Avata 360, and the DJI Air 3S.

As a licensed American drone pilot, I believe the FCC’s proposed “military-grade” ban would seriously impact the drones used by photographers, videographers, and beginner drone pilots.

The DJI Mini 5 Pro is the model that I’ve been eyeing for some time, with its 50MP 1-inch sensor and obstacle avoidance packed inside a drone that’s still lightweight and relatively affordable.

LiDAR on consumer drones is a key safety feature. Using LiDAR, drones can detect and ultimately avoid obstacles – preventing not just damage to the drone but to property and even the people on the ground.

New foreign-made drones are no longer making it to store shelves after the FCC added DJI and all foreign-made drones to the Covered List, effectively preventing new models from getting the approval needed to be sold in the US.

But while there are a handful of US-based drone companies, these brands build military-grade, commercial, and Hollywood-level drones – US drone companies don’t currently offer consumer-grade drones.

The DJI Air 3S (Image credit: Future)

Expanding the drone ban to include features like LiDAR and thermal would further limit Americans’ access to the latest drone technology.

The rare earth components used in motors and lithium used in batteries are largely sourced from China, and creating a US-based drone supply chain – while the goal is admirable – will be a long and difficult process.

Removing pre-approved drones from shelves would only exaggerate the problem. Yes, pilots could go out and buy drones like the DJI Mini 5 Pro ahead of the ban, but even with LiDAR obstacle avoidance, crashes happen – and pilots would be left without a suitable replacement.

But I’m not just a licensed drone pilot. I’m the granddaughter of a farmer, and the proposed ban on drones with spraying capabilities could increase costs for farmers, as drones are becoming an increasingly common alternative to crop-sprayer airplanes.

The thermal drone designation in the proposed retroactive ban could also affect the drone fleets used by first responders for search-and-rescue missions – and that affects everyone, not just photographers bummed about the lack of flying camera options.

Drone-maker DJI says that “the FCC’s proposed definition is broad enough to capture many of the civilian drones Americans rely on every day. It could even include consumer models used by hobbyists simply because they use LiDAR to improve positioning and obstacle avoidance – a safety feature, not a military capability.”

The FCC is currently seeking public comments on the proposed drone ban by September 02. The Drone Advocacy Alliance lists detailed instructions for filing a public comment on the proposal.

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Hillary K. Grigonis
US Editor

With more than a decade of experience writing about cameras and technology, Hillary K. Grigonis leads the US coverage for Digital Camera World. Her work has appeared in Business Insider, Digital Trends, Pocket-lint, Rangefinder, The Phoblographer, and more. Her wedding and portrait photography favors a journalistic style. She’s a former Nikon shooter and a current Fujifilm user, but has tested a wide range of cameras and lenses across multiple brands. Hillary is also a licensed drone pilot.

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