Notice2026-06653
Seeking Comment on Prohibiting Importation and Marketing of Previously Authorized Covered Communications Equipment Added to the Covered List in 2024 or Earlier
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Published
April 6, 2026
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Public Safety and Homeland Security Bureau (PSHSB) and the Office of Engineering and Technology (OET) seek comment on proposing to prohibit the continued importation and marketing of certain previously authorized equipment that has been determined to pose an unacceptable risk to the national security of the United States or the security and safety of United States persons. Through Public Notice, acting pursuant to Sec. 2.939 of the Federal Communications Commission's rules, PSHSB and OET propose to apply such prohibitions to communications equipment added to the Covered List in 2024 or earlier.
Full Text
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<title>Federal Register, Volume 91 Issue 65 (Monday, April 6, 2026)</title>
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[Federal Register Volume 91, Number 65 (Monday, April 6, 2026)]
[Notices]
[Pages 17275-17276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06653]
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FEDERAL COMMUNICATIONS COMMISSION
[PSHSB & OET: PS Docket No. 26-72; DA 26-294; FR ID 339368]
Seeking Comment on Prohibiting Importation and Marketing of
Previously Authorized Covered Communications Equipment Added to the
Covered List in 2024 or Earlier
AGENCY: Federal Communications Commission.
ACTION: Request for comments.
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SUMMARY: In this document, the Public Safety and Homeland Security
Bureau (PSHSB) and the Office of Engineering and Technology (OET) seek
comment on proposing to prohibit the continued importation and
marketing of certain previously authorized equipment that has been
determined to pose an unacceptable risk to the national security of the
United States or the security and safety of United States persons.
Through Public Notice, acting pursuant to Sec. 2.939 of the Federal
Communications Commission's rules, PSHSB and OET propose to apply such
prohibitions to communications equipment added to the Covered List in
2024 or earlier.
DATES: Comments are due on or before May 6, 2026.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or
before the dates indicated on the first page of this document. You may
submit comments, identified by PS Docket No. 26-72, by any of the
following methods:
<bullet> Federal Communications Commission's Website: <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>. Follow the instructions for submitting comments.
Electronic Filers: Comments may be filed electronically using the
internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by hand or messenger delivery, by
commercial courier, or by the U.S. Postal Service. All filings must be
addressed to the Secretary, Federal Communications Commission.
<bullet> Hand-delivered or messenger-delivered paper filings for
the Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m.
by the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
<bullet> Commercial courier deliveries (any deliveries not by the
U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
<bullet> Filings sent by U.S. Postal Service First-Class Mail,
Priority Mail, and Priority Mail Express must be sent to 45 L Street
NE, Washington, DC 20554.
<bullet> People With Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#591f1a1a6c696d193f3a3a773e362f"><span class="__cf_email__" data-cfemail="b7f1f4f4828783f7d1d4d499d0d8c1">[email protected]</span></a> or phone: 202-418-
0530.
FOR FURTHER INFORMATION CONTACT: For further information, please
contact Chris Smeenk at 202-418-1630 or <a href="/cdn-cgi/l/email-protection#cc8fa4bea5bfe29fa1a9a9a2a78caaafafe2aba3ba"><span class="__cf_email__" data-cfemail="fdbe958f948ed3ae9098989396bd9b9e9ed39a928b">[email protected]</span></a>, or
Rebecca Clinton at 202-418-7815 or <a href="/cdn-cgi/l/email-protection#8ddfe8efe8eeeeeca3cee1e4e3f9e2e3cdebeeeea3eae2fb"><span class="__cf_email__" data-cfemail="84d6e1e6e1e7e7e5aac7e8edeaf0ebeac4e2e7e7aae3ebf2">[email protected]</span></a>, Attorney
Advisors, Operations and Emergency Management Division, Public Safety
and Homeland Security Bureau.
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice
released on March 27, 2026 in PS Docket No. 26-72, DA 26-294. The full
text of this document is available at: <a href="https://docs.fcc.gov/public/attachments/DA-26-294A1.pdf">https://docs.fcc.gov/public/attachments/DA-26-294A1.pdf</a>.
In October 2025, the Commission adopted the EA Security Second R&O
which established a procedure to limit the scope of an existing
authorization of covered equipment to prohibit continued importation or
marketing of such equipment, without revoking the underlying
authorization. The Commission directed PSHSB and OET to ``institute
proceedings to determine whether to apply these prohibitions to some or
all of the equipment currently on the Covered List'' and it delegated
authority to PSHSB and OET to apply such prohibitions pursuant to the
framework and process outlined in the EA Security Second R&O.\1\ Under
Sec. 2.939(e), PSHSB and OET ``may place limitations on an existing
authorization for covered equipment authorizations to prohibit
continued importation or marketing'' of such equipment.\2\
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\1\ Id. at paras. 45, 48.
\2\ 47 CFR 2.939(e).
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Through this Public Notice, the PSHSB and OET propose to prohibit
the continued importation and marketing of equipment added to the
Covered List in 2024 or earlier but was authorized before the adoption
of our 2022 rules. We initially focus on this equipment because it has
been on our Covered List for years. While importation and marketing
would be prohibited, this prohibition would not affect continued use or
operation of already-purchased communications equipment or equipment
added to the Covered List after 2024. We seek comment on these
proposals.
Below we provide a brief analysis of the relevant factors,
including national security and economic and supply chain
considerations, that would justify prohibiting the continued
importation and marketing of such previously authorized covered
equipment and tentatively conclude that prohibiting the importation and
marketing of this previously authorized covered equipment serves the
public interest.
National security impacts. In the EA Security Second R&O, the
Commission stated that older models of covered equipment, which are
still widely sold in the U.S., pose an unacceptable risk to national
security when imported or marketed in the United States, ``not only
when such equipment is new to the market.'' \3\ The Commission agreed
with commenters who pointed out that certain previously authorized
devices that are now considered covered equipment ``likely remain
marketable in the United States'' and ``may present continuing national
security threats.'' \4\
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\3\ EA Security 2d R&O, FCC 25-71, para. 40.
\4\ Id.
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The Commission's initial, 2021 additions to the Covered List were
pursuant to a specific national security determination made by Congress
in Section 2(c) of the Secure and Trusted Communications Networks Act
of 2019 (Secure Networks Act).\5\ This directive constitutes a specific
determination that such equipment poses an ``unacceptable risk to the
national security of the United States or the security and safety
[[Page 17276]]
of United States persons.'' \6\ Separately, the addition of ``equipment
with integrated Kaspersky Lab, (or any of its successors and assignees)
cybersecurity or anti-virus software'' was based on a specific
determination by the Department of Commerce that ``Kaspersky's
provision of cybersecurity and anti-virus software to U.S. persons,
including through third-party entities that integrate Kaspersky
cybersecurity or anti-virus software into commercial hardware or
software, poses undue and unacceptable risks to U.S. national security
and to the security and safety of U.S. persons.'' \7\ Accordingly, we
tentatively conclude that prohibiting the continued importation and
marketing of previously authorized equipment added at that time is
necessary to protect national security by mitigating risks to the U.S.
communications sector. We seek comment on this proposed analysis.
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\5\ 47 U.S.C. 1601(c)(3).
\6\ See Protecting Against National Security Threats to the
Communications Supply Chain Through FCC Programs, WC Docket No. 18-
89, Second Report and Order, 35 FCC Rcd 14284, 14315-14316 (2020).
\7\ Department of Commerce, Final Determination, Case No. ICTS-
2021-002, Kaspersky Lab, Inc., 89 FR 52434 (June 24, 2024) (Final
Determination), <a href="https://www.federalregister.gov/documents/2024/06/24/2024-13532/final-determination-case-no-icts-2021-002-kaspersky-lab-inc">https://www.federalregister.gov/documents/2024/06/24/2024-13532/final-determination-case-no-icts-2021-002-kaspersky-lab-inc</a>.
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Economic and supply chain impacts. We seek comment on the potential
economic and supply chain impacts of prohibiting the continued
importation and marketing of already-authorized covered equipment that
was added to the Covered List in 2024 or earlier. How would this
proposed action affect the financial interests of consumers, providers,
and manufacturers in the communications sector?
We tentatively conclude that our proposed action would not have
substantial economic and supply chain impacts. First, devices added to
the Covered List as part of the Kaspersky listing in 2024 are already
prohibited from importation or marketing under Department of Commerce
rules.\8\ Second, equipment added to the Covered List in the initial
2021 listing has not received authorization since November 11, 2022,
over three years ago. Moreover, a significant amount of this equipment
has been removed from U.S. communications networks in recent years.\9\
Do commenters agree that economic and supply chain impacts are
relatively minor?
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\8\ Final Determination at 52437.
\9\ See Wireline Competition Bureau, Secure and Trusted
Communications Networks Reimbursement Program Sixth Report (June 30,
2025), <a href="https://www.fcc.gov/document/supply-chain-reimbursement-program-sixth-report">https://www.fcc.gov/document/supply-chain-reimbursement-program-sixth-report</a>.
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Other Considerations. We also note that certain equipment is only
on the Covered List ``to the extent it is used for the purpose of
public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security
purposes.'' \10\ How, if at all, should we consider this use-based
limitation on what qualifies as covered equipment? Should we exempt any
equipment subject to this use-based limitation from any prohibition on
importation and marketing? Or should we subject all such equipment to
any prohibition?
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\10\ See Covered List; 2019 NDAA.
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Public interest analysis. We tentatively conclude that prohibiting
the importation and marketing of previously authorized covered
equipment that was added to the Covered List in 2024 or earlier is
consistent with the public interest, because it protects American
communications networks from devices specifically determined by
Congress or a national security agency to ``pose an unacceptable risk
to the national security of the United States or the security and
safety of United States persons.'' \11\ We also tentatively conclude
that there are no public interest factors that outweigh our tentative
conclusion regarding the proposed ban on import and marketing of this
previously equipment. We seek comment on this public interest analysis.
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\11\ 47 U.S.C. 1601(b); see also EA Security R&O and FNPRM, 37
FCC Rcd at 13511-13513, paras. 40-43.
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Existing authorizations. We clarify that, if this prohibition is
adopted, the continued use or operation of covered equipment that is
already in the hands of users would remain authorized.
Implementation timeline. We propose that all parties must cease all
importation and marketing activities within 30 days of the effective
date of the prohibition. We seek comment on the proposed timeline from
the responsible parties and relevant manufacturers, importers,
distributors, retailers, and other interested entities on such
questions as the quantity of devices that have already been imported
into the U.S. and are available for or being held for marketing or
sale, new or recently updated device models that are en route to the
U.S. or pending shipment, and devices that are subject to executed
distribution, marketing, or sales agreements, but have not yet entered
the supply chain. Should the Commission's prohibition on importation
take immediate effect, while the marketing prohibition would take
effect within 30 days, to avoid a rush to import new devices?
Permit-but-disclose proceeding. The proceeding this Public Notice
initiates shall be treated as a ``permit-but-disclose'' proceeding in
accordance with the Commission's ex parte rules.\12\ Persons making ex
parte presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule 1.1206(b).
In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
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\12\ 47 CFR. 1.1200 et seq.
Federal Communications Commission.
Zenji Nakazawa,
Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2026-06653 Filed 4-3-26; 8:45 am]
BILLING CODE 6712-01-P
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