The Federal Communications Commission recently announced action to clarify and strengthen prohibitions on communications equipment determined to pose an unacceptable risk to national security.
The FCC states that its rules already prohibit the importation, sale, and marketing of new, insecure communications equipment and services on the Covered List. However, FCC regulations have not applied those prohibitions to previously authorized devices, thus permitting their continued importation, sale, and marketing. Additionally, those regulations have not applied to component parts included within otherwise authorized devices.
According to an agency press release, the FCC agency voted Oct. 28 to close this “loophole” and establish a process for prohibiting the continued importation, marketing, and sale of previously authorized devices that were subsequently placed on the Covered List based on national security concerns. The FCC states that it may apply this new rule in a targeted manner.
The new rules will also provide that certain insecure Covered List modular transmitters may no longer be included as components within otherwise lawful or authorized devices.
In addition, the FCC adopted a further notice of proposed rulemaking seeking comment on (1) extending its equipment authorization prohibitions to a larger class of foreign adversary-controlled devices and component parts produced by Covered List entities and (2) various measures to strengthen enforcement against unlawful marketing of covered equipment.
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