Scope and Impact on Certification

The FCC has proposed new rules designed to strengthen national security by closing loopholes regarding equipment produced by entities on the "Covered List." The primary impact is the extension of existing prohibitions—which previously focused on finished products—to include individual component parts. This regulation significantly affects the equipment authorization process by ensuring that devices assembled by non-restricted entities cannot be certified if they incorporate prohibited logic-bearing components. Furthermore, the rules extend oversight to e-commerce platforms, requiring them to comply with FCC marketing regulations for third-party products.

Specific Restrictions and Exemptions

Component Prohibitions: The prohibition now applies to all "logic-bearing hardware components" produced by entities identified on the FCC Covered List.

Bifurcation of the Covered List: The list will be categorized into two distinct entries: producer/provider-based entries and production location-based entries. The latter specifically targets equipment such as Uncrewed Aircraft Systems (UAS), UAS critical components, and consumer routers.

Exemptions: Non-electronic or "dumb" components, such as screws, nails, and similar hardware, are exempt from these prohibitions.

Conformity Assessment and Testing Procedures

The Further Notice of Proposed Rulemaking (FNPRM) introduces several measures to modernize the equipment authorization and conformity assessment process:

Supply Chain Disclosures: Manufacturers may be required to provide expanded supply chain disclosures at the application stage for equipment authorization.

SDoC Oversight: The FCC proposes strengthening the oversight of the Supplier’s Declaration of Conformity (SDoC) process, moving away from a purely self-attestation model for certain categories of equipment.

Software/Hardware Updates: The proposal includes provisions to permit specific modifications to ensure that installed equipment can continue to receive critical security updates for software and hardware.

Importation and Marketing: New measures aim to close loopholes in current importation and marketing rules to prevent unauthorized or dangerous equipment from entering the U.S. market.

Labeling and E-commerce Requirements

The proposed rules introduce stricter requirements for the visibility of certification data. E-commerce platforms will be required to display the FCC ID for all FCC-certified devices marketed or sold on their sites. This is intended to facilitate FCC oversight and ensure consumer awareness of the certification status of radio devices.

Regulatory Modification

These proposed rules, if adopted via the "Third Report and Order and Third Further Notice of Proposed Rulemaking," will modify and modernize existing FCC equipment authorization rules. Specifically, they expand the enforcement of the "Covered List" prohibitions to the component level and update the standards for marketing and importing electronic equipment under the FCC’s jurisdiction.