FCC Public Notice DA 26-789: Limited Waiver for Software and Firmware Updates to Certain Covered Equipment

Scope and Impact

The Federal Communications Commission (FCC) Office of Engineering and Technology (OET) has issued a public notice (DA 26-789) granting a limited waiver of the prohibitions found in 47 CFR §§ 2.932(b) and 2.1043(b). This waiver impacts foreign-produced advanced robotic devices and power inverters that were added to the "Covered List" on July 28, 2026. The primary impact is that these devices, even if they are now considered "covered equipment," may continue to receive software and firmware updates to mitigate security risks and ensure continued functionality.

Specific Exemptions and Restrictions

The waiver provides an exemption from the general prohibition against permissive changes for equipment on the Covered List, subject to the following conditions and restrictions:

• Applicability: Only applies to foreign-produced power inverters and advanced robotic devices authorized for use in the United States prior to July 28, 2026.
• Permitted Changes: Class I and Class II permissive changes are allowed only for software and firmware updates that mitigate harm to U.S. consumers, patch vulnerabilities, or facilitate compatibility with different operating systems.
• Duration: This waiver is effective immediately and remains in effect until at least January 1, 2029.
• Excluded Equipment: Power inverters and robotic devices that have already received Conditional Approval by the Department of War (DoW) or Department of Homeland Security (DHS) are generally excluded from the specific "Covered List" designations addressed by this waiver.

Technical Specifications and Compliance

While the waiver allows for certain updates, manufacturers and grantees must maintain compliance with all other technical parameters and FCC requirements:

• Permissive Change Definitions: Class I changes must not degrade the equipment's reported characteristics. Class II changes require a formal filing with the Commission.
• Performance Requirements: Devices must continue to comply with the minimum performance requirements of the applicable FCC rules for their specific radio frequency operations.
• Marketing Restriction: Grantees are prohibited from marketing modified equipment until the Class II permissive change has been acknowledged by the Commission as acceptable.

Conformity Assessment and Testing Procedures

The waiver does not exempt grantees from standard conformity assessment procedures for permissive changes. For Class II permissive changes, grantees must still:

• Provide complete technical information and test results regarding the modifications.
• Submit the necessary filings through the equipment authorization program.
• Certify whether the device is prohibited from receiving equipment authorization as "covered equipment" under the broader scope of 47 CFR § 2.903, except as permitted by this specific waiver.

Modification of Existing Regulations

This public notice modifies the application of the following regulations for the specific devices and timeframe mentioned:

• 47 CFR § 2.932(b) and 47 CFR § 2.1043(b): These sections were originally revised by the Commission’s 2025 Order titled "Protecting Against National Security Threats to the Communications Supply Chain Through the Equipment Authorization Program" (90 Fed. Reg. 53227) to prohibit permissive changes for covered equipment. This notice waives those prohibitions for the specified device categories until January 1, 2029.
• Precedent Alignment: This waiver aligns the treatment of robotic devices and power inverters with previous waivers issued for Uncrewed Aircraft Systems (UAS) and Routers under ET Docket No. 21-232.