Scope and Impact on Radio Device Certification
The Federal Communications Commission (FCC) Public Safety and Homeland Security Bureau (PSHSB) has released Public Notice DA 26-756, which updates the "Covered List" of equipment and services that pose an unacceptable risk to United States national security. The primary focus of this notice is to announce that certain foreign-produced routers have been granted "Conditional Approval" by the Department of War (DoW), thereby exempting them from the prohibitions associated with the Covered List. For manufacturers and type approval applicants, this means that devices listed under the conditional approval status remain eligible for equipment authorization, provided they adhere to the specified termination dates and conditions.
Permitted Radio Bands and Technical Parameters
While this regulation does not specify new frequency ranges or power limits, it directly affects the certification of radio devices utilizing various wireless standards, including Wi-Fi 7. Technical specifications for these devices must still comply with existing FCC Part 15 rules, but their eligibility for certification is contingent upon their status on the Covered List. Specifically mentioned technologies in the exempted list include:
Wi-Fi 7: Represented by the Sercomm Air4992 Router.
Consumer Mesh and 5G FWA: Various routers from Netgear, Nokia, and Arcadyan.
Uncrewed Aircraft Systems (UAS): Various data transmission and communication systems for drones.
Specific Exemptions and Restrictions
The regulation provides a significant exemption for routers produced in foreign countries that would otherwise be banned. To qualify for this exemption, devices must receive a "Conditional Approval" from the Department of War (DoW) or the Department of Homeland Security (DHS). Key newly exempted devices include:
Gryphon Safety Online, Inc.: Parental Control WiFi Router (Exemption terminates January 10, 2028).
Sercomm Corporation: Air4992 Wi-Fi 7 Router (Exemption terminates January 10, 2028).
Restrictions remain in place for any equipment produced by entities specifically named on the Covered List (e.g., Huawei, ZTE, Hytera, Hikvision, and Dahua) unless a specific conditional approval is documented in Appendix B of the notice.
Conformity Assessment and Testing Procedures
The Commission maintains ongoing guidance for Telecommunication Certification Bodies (TCBs) and test laboratories regarding the impact of these updates. Applicants for equipment authorization must ensure that their devices are not produced by entities on the Covered List or that they fall strictly within the scope of a current Conditional Approval. TCBs are required to verify the national security status of the manufacturer during the certification process pursuant to 47 CFR §§ 0.191 and 0.31(i).
Modification of Existing Regulations
This notice modifies and updates the "List of Equipment and Services Covered By Section 2 of The Secure Networks Act" (the Covered List). It serves as a supplemental update to the previous determination announced in the Public Notice "FCC’s Public Safety and Homeland Security Bureau Announces Addition of Routers Produced in Foreign Countries to FCC Covered List, WC Docket No. 18-89, DA 26-278 (March 23, 2026)." It operates under the authority of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. §§ 1601-1609) and 47 CFR §§ 1.50002 and 1.50003.
