FCC adopts measures encouraging reciprocity in testing and certification

WASHINGTON (May 15, 2026) — In a major move to fortify national security and protect the integrity of the U.S. communications infrastructure, the Federal Communications Commission (FCC) has finalized a "Second Report and Order" (Rule 2026-09822) that overhauls how electronic devices are tested and certified for the American market.

The new rules aim to eliminate vulnerabilities in the equipment authorization process, particularly those stemming from foreign influence and non-reciprocal international trade practices.

Key Requirements

• "Trusted Test Lab" Fast-Track: The FCC is establishing a priority review process for devices tested in "Trusted Test Labs." To qualify as "trusted," a lab must be located in the United States or in a country that has a Mutual Recognition Agreement (MRA) or a comparable reciprocal trade agreement with the U.S.
• Foreign Employee Disclosure: Telecommunications Certification Bodies (TCBs) and test labs are now required to report the number and location of employees involved in the testing and certification of equipment, including those outside the United States. This measure is intended to increase transparency regarding who is handling sensitive technical data.
• Prohibited Entity Screening: The order directs the creation of a consolidated, machine-readable list of prohibited entities. TCBs must use this list to screen applicants more efficiently to ensure no equipment from sanctioned or "covered" entities receives FCC authorization.
• Enhanced Surveillance: The FCC is updating its post-market surveillance procedures, giving the agency more teeth to enforce compliance after a product has hit the shelves.

Implications for Industry

• Geopolitical Shift in Testing: By incentivizing "Trusted Test Labs," the FCC is effectively pushing manufacturers away from labs in countries—most notably China—that do not offer reciprocal recognition to U.S. labs. This is expected to cause a significant shift in where global electronics firms conduct their FCC compliance testing.
• Streamlined Compliance for Allies: Manufacturers using U.S.-based or MRA-partner labs will benefit from shorter "Pre-Approval Guidance" (PAG) wait times, potentially speeding up time-to-market for new technologies like 6G and advanced IoT devices.
• Increased Oversight for TCBs: Certification bodies face stricter reporting standards and the threat of lost recognition if they fail to properly vet applicants against the new prohibited entity list.

Why It Matters

The equipment authorization program is the "gatekeeper" for all wireless devices sold in the U.S. Historically, the FCC allowed testing in any recognized lab worldwide. However, the Commission noted that this openness created national security risks, as some labs might be subject to the influence of foreign adversaries.

"This action allows the Commission to promote a robust domestic and allied testing ecosystem," the FCC stated in the order. "It safeguards U.S. communications networks and upholds the integrity of the equipment authorization process."

Effective Date: The final rule is scheduled to take effect on June 15, 2026, though certain reporting requirements involving information collection may face a slight delay pending administrative approval.

REF:

ETDocket No. 24-136

FederalRegister Vol. 91, No. 94 / Friday May 15, 2026

FCC Proposes Sweeping Rules to Secure Telecom Equipment Supply Chain; Public Comment Period Now Open

Washington D.C. - The Federal Communications Commission (FCC) has unveiled a new proposed rule aimed at significantly bolstering the security and integrity of the nation's telecommunications equipment supply chain. The initiative, titled "Promoting the Integrity and Security of Telecommunications Certification Bodies, Measurement Facilities, and the Equipment Authorization Program," seeks public input on a range of measures designed to safeguard the FCC's critical equipment authorization program.

At the heart of the proposed rule are expanded prohibitions targeting entities subject to the jurisdiction of a foreign adversary or those raising national security concerns. The FCC is particularly interested in incorporating existing federal agency blacklists, such as those from the Protecting Americans from Foreign Adversary Controlled Applications Act (PFACA) and the Office of Foreign Assets Control's (OFAC) Specially Designated Nationals and Blocked Persons List (SDN List), into its definition of "prohibited entity."

Beyond restricting problematic actors, the FCC is exploring avenues to boost domestic equipment authorization testing and certification. This includes examining potential incentives and strategies to reduce regulatory hurdles for U.S.-based Telecommunications Certification Bodies (TCBs) and test laboratories. The move signals a clear intent to strengthen the domestic capacity for securing telecommunications infrastructure.

Furthermore, the proposed rule considers crucial revisions to post-market surveillance procedures for TCBs, aiming to enhance the identification of non-compliant equipment in the market. The FCC is also seeking comments on a potential requirement for all equipment authorized under the Supplier's Declaration of Conformity (SDoC) procedure to undergo testing at an accredited and FCC-recognized laboratory.

The comprehensive set of proposals underscores the FCC's commitment to fortifying the security of the U.S. equipment supply chain against potential threats and ensuring the integrity of telecommunications services nationwide.

Public comments on this important proposal are due by August 15, 2025. A period for reply comments will follow, with a deadline of September 15, 2025.

Interested parties can submit their comments electronically through the Commission's Electronic Comment Filing System (ECFS) at https://www.fcc.gov/ecfs/. Alternatively, comments can also be submitted via Regulations.gov by navigating to the document with Document Number 2025-13308.

For more information, the full publication can be accessed on the Federal Register: Promoting the Integrity and Security of Telecommunications Certification Bodies, Measurement Facilities, and the Equipment Authorization Program.

 REF:

FR Document: 2025-13308 Citation: 90 FR 31945

PDF Pages 31945-31951 (7 pages) Permalink

 

FCC - Promoting Transparency Regarding Foreign Adversary Control

The Federal Communications Commission (FCC) has proposed new rules aimed at enhancing the security of U.S. communications networks by expanding disclosure requirements for foreign ownership and control of FCC-issued licenses and authorizations.

The proposed rule seeks to address gaps in existing regulations by requiring entities holding virtually all types of FCC licenses, permits, or authorizations to disclose not only foreign ownership but also any control or direction by foreign adversaries. This move is intended to provide a more comprehensive understanding of potential threats within the communications sector and to mitigate vulnerabilities in the nation's telecommunications infrastructure.

The FCC plans to adopt the Department of Commerce's definition of "foreign adversary," which includes foreign governments or non-government entities determined to have engaged in conduct significantly adverse to U.S. national security or safety. Currently, this list includes the People's Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People's Republic of Korea (North Korea), the Russian Federation, and Venezuelan politician Nicolás Maduro. The FCC is also seeking public comment on alternative definitions.

Under the proposal, disclosure would extend to both voting and equity interests, with a "dominant minority" interest being defined as a minimum of 10%. The FCC is soliciting feedback on whether this 10% threshold is appropriate and if it should be uniformly applied across all regulated entities.

The FCC anticipates that the benefits of these new requirements, such as preventing disruption to critical communications infrastructure and safeguarding confidential data, will significantly outweigh the costs. The estimated one-time reporting cost for each regulated entity is approximately $116, as many are already subject to some form of foreign ownership reporting.

Comments on the proposed rule are due by July 21, 2025, with reply comments due by August 19, 2025.

 

Ref.

From the U.S. Federal Register - "Protecting our Communications Networks by Promoting Transparency Regarding Foreign Adversary Control"

FR Document: 2025-11360

Citation: 90 FR 26244  PDF

Pages 26244-26265 (22 pages)  Permalink

FCC 25-28

FCC Takes Aim at "Bad Labs" to Secure U.S. Telecom Supply Chain

 

WASHINGTON D.C. - The Federal Communications Commission (FCC) today advanced new rules designed to bolster the security and integrity of the U.S. telecommunications supply chain, specifically targeting "bad labs" and untrustworthy entities involved in equipment authorization.

The FCC approved a Report and Order and Further Notice of Proposed Rulemaking that will prohibit Telecommunications Certification Bodies (TCBs), test labs, and laboratory accreditation bodies from participating in the equipment authorization program if they are owned, controlled, or directed by entities posing a national security risk, including foreign adversaries. This move aims to close a potential loophole where insecure or compromised equipment could enter U.S. networks through compromised testing and certification processes.

"Before any electronics can be imported or sold in the U.S., they must be tested in a lab to make sure they comply with FCC regulations," stated FCC Chairman. "It's not hard to imagine that an unreliable lab, one beholden to a foreign adversary, could sign off on insecure gear entering the U.S. market."

The new rules expand current reporting and certification requirements to include details on ownership, control, and equity interests of 5% or more. The FCC will also withdraw recognition from any entity that provides inaccurate information.

Additionally, the Further Notice of Proposed Rulemaking seeks comment on extending these prohibitions to entities subject to the jurisdiction of a foreign adversary and exploring ways to increase equipment authorization testing within the United States or allied countries. Concerns were raised that approximately 75% of all electronics testing currently occurs in labs located in China.

Commissioners Starks, Symington, and Gomez all voiced strong support for the initiative, emphasizing the critical role of trustworthy third-party certification in safeguarding national security and preventing undue influence from adversaries. The move builds on previous bipartisan efforts by the FCC to address threats from foreign adversaries, including actions against Huawei and ZTE.

 

 

 

REF:

https://www.youtube.com/watch?v=T-4aVCn2KW0

Safeguarding the Equipment Authorization Process from Bad Labs 

https://www.fcc.gov/document/fcc-bans-bad-labs-us-equipment-authorization-process

 

 

FCC Enhances Equipment Authorization Integrity and Security

Approximately a year ago, the FCC initiated a Notice of Proposed Rule-making on the integrity and security of its equipment authorization program. 

Building upon this, the FCC released a Report and Order and Further Notice of Proposed Rule-making on May 1, 2025, that will be addressed at the May 2025 Open Commission meeting on May 22, 2025. These actions signal potentially significant upcoming changes to equipment authorization processes in the United States.

The FCC will adopt rules through this Report and Order to bolster the integrity of entities involved in the Commission’s equipment authorization program.

Key aspects of the Report and Order:

• Prohibition of Entities: The FCC will prohibit the recognition of, and withdraw existing recognition from, Telecommunications Certification Bodies (TCBs) or test laboratories owned or controlled by a "prohibited entity."
• Definition of "Prohibited Entity": This term will encompass any entity identified on various government lists related to national security threats. These lists include, but are not limited to, the FCC Covered List, the Department of Defense Chinese Military Company List, and the Executive Branch’s list of "foreign adversaries."
• Ownership and Control Reporting: The FCC will implement reporting and certification requirements to facilitate the determination of ownership and control of relevant entities.
• Subsidiary and Affiliate Information: Any entity specifically named on the Covered List will be required to provide information regarding all of its subsidiaries and affiliates.
• Strengthening TCBs and Test Labs: Several additional rules will be adopted to enhance the integrity of TCBs, test laboratories, and laboratory accreditation bodies.

Key aspects of the Further Notice of Proposed Rule-making:

• Expansion of Prohibitions: The FCC seeks comments on whether to extend the newly adopted prohibitions to entities under the jurisdiction of a foreign adversary. It also seeks input on expanding the definition of "prohibited entities" to include additional lists from federal agencies or statutes.
• Encouraging Domestic and Allied Testing: The FCC requests further comment on methods to facilitate and encourage more equipment authorization testing to be conducted at test laboratories located within the United States or in allied countries.
• TCB Post-Market Surveillance: The FCC proposes revisions to TCB post-market surveillance procedures.
• TCB-Test Lab Relationships: The FCC proposes to restrict relationships between TCBs and the test laboratories for which the TCB reviews applications.
• Accredited Labs for Supplier's Declaration of Conformity: The FCC proposes to mandate the use of FCC-recognized accredited test laboratories for authorizations based on a Supplier’s Declaration of Conformity.

References:

• https://www.fcc.gov/May2025
• https://www.fcc.gov/document/safeguarding-equipment-authorization-process-bad-labs
• https://www.fcc.gov/document/fcc-proposes-national-security-protections-equipment-program-0
• https://docs.fcc.gov/public/attachments/DOC-411202A1.pdf
• https://www.emcrules.com/2024/05/fcc-vote-on-bad-labs-ban-proposal.html