Background

The Federal Communications Commission is seeking comments by May 6 on a proposal to prohibit the continued importation and marketing of equipment added to the Covered List in 2024 or earlier but authorized before the adoption of the FCC’s 2022 rules. The FCC states that such a prohibition would not affect the continued use or operation of already-purchased communications equipment or equipment added to the Covered List after 2024.

The Covered List comprises equipment and services that have been determined to pose an unacceptable risk to U.S. national security or the security and safety of U.S. persons. Equipment on this list is banned from receiving new FCC equipment authorizations, which are required prior to importation, marketing, or sale in the U.S. 

The FCC is proposing to require all parties to cease all affected importation and marketing activities within 30 days of the effective date of the prohibition. Comments are invited from the responsible parties as well as relevant manufacturers, importers, distributors, retailers, and other interested entities on this proposed timeline as well as such questions as the quantity of devices that have already been imported into the U.S. and are available or being held for marketing or sale, new or recently updated device models that are en route to the U.S. or pending shipment, and devices that are subject to executed distribution, marketing, or sales agreements but have not yet entered the supply chain.

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