The Federal Communications Commission is accepting comments through Sept. 8 on a broad set of potential measures to strengthen the security and integrity of its equipment authorization program.
The FCC’s 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 seeking input on whether to make the following related regulatory changes.
- exclude covered equipment from general importation conditions and establish a narrow set of conditions under which covered equipment may be imported (i.e., with a valid, unrestricted equipment authorization; in quantities of 40 or fewer units for testing, evaluation, or product development (down from the current 4,000-unit threshold generally applicable to unauthorized devices), absent written approval for a greater quantity; solely for export; for exclusive use by the U.S. government; or solely to develop products for U.S. government use)
- interpret “produced in a foreign country” more broadly (e.g., aligned with the Federal Trade Commission’s “Made in USA” standard) or more narrowly (e.g., aligned with trade law rules of origin)
- require every applicant or grantee of FCC certification to have a U.S.-based liable party, which would be the U.S.-based manufacturer or assembler; if none, the importer; a retailer or other party that assumes the liable party role by agreement; or, following an unauthorized modification, the party performing the modification (if U.S.-based) or the importer
- codify definitions for “produced by,” unmanned aircraft systems, UAS critical components, and routers
- bifurcate the Covered List into producer/provider-based and production location-based categories in light of the list’s recent expansion to include the latter
- require applicants to disclose all entities that produce a device
- measures to prevent abuse of FCC procedures to evade Covered List restrictions through undisclosed white labeling or rebranding arrangements
- require applicants for equipment certification to submit a written and signed hardware bill of materials and software bill of materials identifying specified information for each component
- prohibit authorization of devices incorporating any component produced by a Covered List entity or, alternatively, adopt a rebuttable presumption against authorization that an applicant could overcome by demonstrating the device does not pose unacceptable national security risk
- prohibit authorization or download of software or firmware produced or provided by a Covered List entity
- require that devices in a Covered List sector, regardless of producer, undergo the certification process even if they would otherwise be eligible for supplier’s declaration of conformity or exempt from authorization
- amend the personal use importation exemption and other existing importation exceptions as applied to covered equipment
- conform regulations governing pre-authorization operation of radio frequency devices to the FCC’s proposed marketing and importation reforms for covered equipment and apply existing
exceptions for trade show demonstrations and pre-production evaluation to covered equipment
- establish a fixed expiration term (e.g., ten years) for equipment authorizations, which currently remain valid indefinitely absent revocation
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