Background

The Federal Communications Commission has issued a notice that, effective July 28, prohibits imports of new foreign-made connected power inverters and advanced robotic devices, which have been added to the FCC’s Covered List.

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. 

Power inverters being added to this list are defined as bi-directional power devices or systems that (1) convert DC electricity to AC electricity or vice versa (including microinverters, string inverters, central inverters, and hybrid (battery-based) inverters) and (2) contain components that enable remote communication, control, sensing, data collection, or monitoring through Wi-Fi, cellular, Bluetooth, or similar connections.

Advanced robotic devices being added to this list are defined as mechanical mobile devices, including autonomous mobile robots, humanoid robots, and quadrupeds, that (1) are capable of locomotion, obstacle avoidance, navigation, or movement on the ground, (2) operate at a distance from a human operator or supervisor based on commands or in response to sensor data or any combination thereof, (3) weigh more than 4.4 lb. total, and (4) contain a component falling within each of these categories: (1) a sensor capable of perceiving its environment, (b) a component capable of providing network connectivity at speeds of at least 200 kbps in either direction, and (c) software running locally or remotely that controls the robot’s autonomous navigation or movement perception, data collection, or remote command and control.

The following are not included in this definition: (1) connected vehicles, (2) vehicles operated only on a rail line, (3) uncrewed aircraft or uncrewed aircraft systems, (4) unmanned underwater vehicles able to operate without a human occupant, (5) items classified as medical devices, and (6) fixed, stationary, non-mobile robots.

(The FCC notice appears to characterize advanced robotic devices as those used for tasks like providing physical security at sensitive locations, enabling industrial inspections in environments dangerous to humans, providing military advantages on the battlefield, and performing manufacturing tasks. However, the notice also cites as an example of the vulnerabilities presented by such devices an incident where an individual was able to remotely access thousands of home robot vacuums, including “live camera feeds, microphone audio, and detailed maps of consumers’ homes.” As a result, one press source said, the FCC’s import ban “actually encompasses lots of other gadgets outside of just humanoid robots.”)

The FCC states that the new prohibition does not apply to (1) the import, sale, or use of any existing models of covered items the FCC previously authorized or (2) sales to, or use by, the federal government or federal agencies.

The FCC also notes that producers may seek conditional approvals from the departments of Defense or Homeland Security that their covered items do not pose unacceptable national security risks, which would allow them to continue to receive FCC equipment authorizations for those items.

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