Transcription
4 days. That's how long it took between the FCC naming nine specific companies and changing the entire approach. Because on July 21st, the FCC released a new proposal, and this one doesn't target companies, it targets capabilities. And if you're flying any drones in these seven categories, the FCC just classified your equipment as military-grade.
Everyone, Jeff Bickley here with AccuSpray. In the last video, we covered DA 26-742, where the FCC [music] named nine specific companies and proposed banning the import and sale of their products. If you haven't seen that video, I would recommend watching it first because this one picks up [music] right where that left off.
But today, we're looking at DA 26-758, released on July 21st. Same FCC bureau, same legal authority, but completely different approach, and I think that this one really does deserve your full attention. So, let's get into it. >> [music] >>
So, in the last video, I walked you through the FCC's process. They built a template on communications equipment, then applied the same steps to drones. DA 26-742 was the first proposal under that template targeting nine specific companies, and seven of which appeared to be DJI shell operations based on the FCC's evidence. DA 26-758 is a parallel proceeding, separate docket number, separate comment period, but this time, instead of naming companies, the FCC is defining seven categories of what it calls military grade foreign drones and is proposing to ban the import and sale of any foreign produced drone that falls into those categories.
So, here are the seven. Number one, any drone weighing 55 lb or more at takeoff. Number two, any drone capable of dispensing what the FCC calls economic poison under part 137. That's crop protection products. Herbicides, fungicides, insecticides. If your drone can spray it, you're in that category. Number three, thermal imaging drones. Number four, drones with lidar sensors. Number five, docking stations. Number six, drones designed to integrate defense articles under ITAR. And seven, swarming drones which the FCC defines to include drone light shows.
Now, I want to zoom in on the weight threshold requirement because that's significant. Being in the agricultural spray drone space, there are very few drones out there that are commercially available and viable that are under the 55 lb and up threshold under the 44.807. So, virtually all of them would hit at least two categories, weight and economic poison.
Now, I want to be clear how the FCC is framing the spray drone classification because the language here matters. This is FCC's actual reasoning. They're citing FAA's part 137 definition of economic poison which includes any substance intended for preventing, destroying, or mitigating insects, weeds, fungi, or other pests. That's the definition of crop protection products. The FCC then connects that capability to national security by saying, and I'm quoting from the proposal, "Aerosol dispensing platforms operating independently or in a swarm can carry out mass chemical or biological attacks against US persons or food supply." So, the logic is straightforward from their perspective. A drone that can spray crop protection on a soybean field has the same physical capability as a drone that could deliver something far worse. The FCC is classifying based on what the equipment can do, not what it's being used for. This falls into the dual-use language that they've used previously.
Now, here's where this gets even more nuanced because on the same day the FCC released DA 26-758, they also released a companion action that most people haven't seen yet. DA 26-761 extends the existing exemptions. Let me explain that. So, the Blue UAS cleared list exemption, which was set to expire on January 1st, 2027, has now been extended to January 1st, 2028. That's good news. The Buy American standard exemption, same thing, extended to January 1, 2028. And here's the big one. The conditional approval pathway where individual manufacturers can apply for a case-by-case determination has been made indefinite. So, no expiration date there. As long as the manufacturer follows his onshoring plan and passes updated vetting, the approval stays in effect.
That's important context because the FCC is simultaneously doing two things. They're tightening the restriction framework on foreign military-grade equipment and giving compliant manufacturers more runway and more certainty. So, what does all this mean practically to you? If you already own equipment, nothing changes. The proposal explicitly says, just like the other one did, that continued use and operation of already purchased drones is not affected. You're not getting grounded. I can't say that more clearly. This is being stated over and over and over under every action that we've seen so far coming out of the FCC. But, if your equipment falls under Blue UAS, Buy American, or conditional approval, you now have additional protection and more time. But, if the proposal is adopted, the import and sale of new foreign-produced drones in any of these seven categories would be prohibited.
Now, the comment period is the critical window. The FCC is specifically asking for data on economic and supply chain impacts. They tentatively concluded that the impact would be minor, pointing to billions of dollars in domestic manufacturing investment. But, they're also explicitly inviting the ag industry to push back with real numbers. That's the opportunity.
So, let me bring this together. In the span of 5 days, from July 17th to July 21st, the FCC released three coordinated actions. DA 26-742 targeted specific companies. DA 26-758 targets equipment categories. And DA 26-761 extends protection for manufacturers that are seeking to onshore this technology. That's the playbook. They are naming companies, they're defining the restricted capabilities, and they are protecting, they're seeking to protect, the compliant path forward.
Now, if you're watching this series, you already know the direction. Nothing about these actions changes that. But, the timeline continues to compress, and the scope continues to expand. Still, the process is still a process. There's a comment period, there are exemptions, and there's a clear path for manufacturers and operators who are paying attention and planning ahead.
Now, I know a lot of you are going to push back on this, and that's that's fine. But, first, don't shoot the messenger. I'm just reporting what's happening and walking you through the actual documents. Second, if you want your voice heard, that's exactly what this comment period is for. Here's how to do it. So, you can go to fcc.gov/ecfs. That's the FCC's electronic comment filing system, and you can search for any of these docket numbers. So, docket number PS 26-189. That's the docket for this proceeding. You can file your comment right there. You don't need a lawyer, you don't need to write a legal brief. Tell them who you are, what you do, how this would impact your operation, and why your perspective matters. The FCC asked for economic and supply chain data. If you've got it, give it to them. That window closes 30 days after it's published in the Federal Register. So, I encourage you to take that action.
Now, if if these kinds of breakdowns are helpful to you as you plan your operations, hit subscribe, turn on notifications so that you don't miss the next one. This stuff is moving fast, and the more people who understand what's actually happening, I think the better the conversation gets. And then last note, if you've been on the fence about upgrading your equipment or expanding your fleet, now's the time to pull that trigger. You just procrastinate at your own risk. But >> [snorts] >> anyway, until next time, be safe, fly smart, and keep building. >> [music]