The American Public Power Association on September 2 joined six other critical infrastructure trade associations in filing comments with the Federal Communications Commission (FCC) opposing, as drafted, the proposed prohibition on importing and marketing foreign-produced “military-grade” uncrewed aircraft systems (UAS or drones) and UAS critical components.
Other parties to the filing were the Edison Electric Institute, Large Public Power Council, National Rural Electric Cooperative Association, American Chemistry Council, American Fuel & Petrochemical Manufacturers, and American Petroleum Institute.
As proposed, the rule would cut off the supply of replacement aircraft, batteries, sensors, docking stations, and software support for many drones that electric utilities already own and use for maintenance, inspection, storm response, and other activities. Although the rule would allow existing fleets to remain operational, without access to replacement equipment, those existing fleets would degrade over time.
While the groups do not object to targeted treatment of foreign-made drones specially designed to incorporate defense articles or that genuinely constitute military swarming systems, FCC’s proposed definition of “military-grade” is so overinclusive that it will sweep in many of commercial drones that utilities regularly use, they said.
The groups urged the FCC to narrow its definition to allow for the continued use of foreign-made drones for utility operations.
APPA and the other groups also urged the FCC to delay implementing any prohibition until domestic alternatives are available with equivalent capabilities at comparable cost. They disputed the FCC’s preliminary finding that the proposed ban would not have substantial economic and supply chain impacts, citing industry data and a recent Presidential Proclamation finding that the domestic industry does not produce enough drones and components to safely meet national security needs.
If the FCC goes ahead with its proposed ban, they asked that it preserve lifecycle support for lawfully deployed fleets and that it create an expedited approval process for critical infrastructure operators that can show mission need and enforceable security controls.
