Proposed Rule2026-16197
Protecting Against National Security Threats to the Communications Supply Chain Through the Equipment Authorization Program
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Published
August 7, 2026
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (Commission or FCC) issues a Third Further Notice of Proposed Rulemaking seeking comment on a broad set of additional measures to strengthen the security and integrity of its equipment authorization program. The measures include bifurcating the Covered List into producer/provider-based and production location-based categories; addressing "white labeling" of covered equipment; hardware and software bill of materials (HBOM/SBOM) disclosure requirements; further prohibitions or presumptions against authorizing equipment containing Covered List components or software; certification requirements for devices in Covered List sectors; reforms to equipment importation, marketing, and pre-authorization operation rules; restrictions on use of the FCC logo; streamlined revocation procedures; codification of permissive-change waivers for software, firmware, and hardware updates to covered equipment; codified definitions for UAS, UAS critical components, and routers; term limits on equipment authorizations; registration of Supplier's Declaration of Conformity (SDoC) devices; modernization of the Commission's equipment authorization database; updates to submarine cable Covered List rules; and a proposal to require a U.S.-based liable party for FCC-certified equipment.
Full Text
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<title>Federal Register, Volume 91 Issue 151 (Friday, August 7, 2026)</title>
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[Federal Register Volume 91, Number 151 (Friday, August 7, 2026)]
[Proposed Rules]
[Pages 51139-51145]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16197]
[[Page 51139]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, and 15
[ET Docket No. 21-232; FCC 26-50; FR ID 360965]
Protecting Against National Security Threats to the
Communications Supply Chain Through the Equipment Authorization Program
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Federal Communications Commission (Commission or FCC)
issues a Third Further Notice of Proposed Rulemaking seeking comment on
a broad set of additional measures to strengthen the security and
integrity of its equipment authorization program. The measures include
bifurcating the Covered List into producer/provider-based and
production location-based categories; addressing ``white labeling'' of
covered equipment; hardware and software bill of materials (HBOM/SBOM)
disclosure requirements; further prohibitions or presumptions against
authorizing equipment containing Covered List components or software;
certification requirements for devices in Covered List sectors; reforms
to equipment importation, marketing, and pre-authorization operation
rules; restrictions on use of the FCC logo; streamlined revocation
procedures; codification of permissive-change waivers for software,
firmware, and hardware updates to covered equipment; codified
definitions for UAS, UAS critical components, and routers; term limits
on equipment authorizations; registration of Supplier's Declaration of
Conformity (SDoC) devices; modernization of the Commission's equipment
authorization database; updates to submarine cable Covered List rules;
and a proposal to require a U.S.-based liable party for FCC-certified
equipment.
DATES: Comments are due on or before September 8, 2026 and reply
comments are due on or before September 21, 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 and
reply comments on or before the dates indicated in the DATES section
above. Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS). You may submit comments, identified by ET Docket
No. 21-232, by any of the following methods:
<bullet> 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: To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#d4b2b7b7e1e4e094b2b7b7fab3bba2"><span class="__cf_email__" data-cfemail="8bede8e8bebbbfcbede8e8a5ece4fd">[email protected]</span></a> or
call the Consumer & Governmental Affairs Bureau at 202-418-0530.
FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#80c6c3c3b2b1adb2b3b2c0e6e3e3aee7eff6"><span class="__cf_email__" data-cfemail="5610151564677b6465641630353578313920">[email protected]</span></a> for the Office of
Engineering and Technology.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Further Notice of Proposed Rulemaking, in ET Docket No. 21-232, FCC 26-
50, adopted on July 22, 2026, and released on July 23, 2026. The full
text of this document, including the accompanying Third Report and
Order, is available for public inspection and can be downloaded at
<a href="https://docs.fcc.gov/public/attachments/FCC-26-50A1.pdf">https://docs.fcc.gov/public/attachments/FCC-26-50A1.pdf</a>. Alternative
formats are available for people with disabilities (Braille, large
print, electronic files, audio format) by sending an email to
<a href="/cdn-cgi/l/email-protection#f2949191c7c2c6b2949191dc959d84"><span class="__cf_email__" data-cfemail="fa9c9999cfcaceba9c9999d49d958c">[email protected]</span></a> or calling the Commission's Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice).
Ex Parte Presentations. The proceeding this document initiates
shall be treated as a ``permit-but-disclose'' proceeding in accordance
with the Commission's ex parte rules. 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.
Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980,
as amended (RFA), requires that an agency prepare a regulatory
flexibility analysis for notice and comment rulemakings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' Accordingly, the Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA) concerning the potential impact
of the rule and policy proposals in this document on small entities.
The IRFA is set forth in Appendix D to the Third Further Notice of
Proposed Rulemaking. The Commission invites the general public,
particularly small businesses, to comment on the IRFA. Comments must be
filed by the deadlines for comments on the Third Further Notice of
Proposed Rulemaking indicated in the DATES section above and must have
a separate
[[Page 51140]]
and distinct heading designating them as responses to the IRFA.
Paperwork Reduction Act. This document contains proposed new or
modified information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. The Commission, as part
of its continuing effort to reduce paperwork burdens, invites the
general public and the Office of Management and Budget (OMB) to comment
on any information collection requirements contained in this document.
In addition, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
seeks specific comment on how it might ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.''
Providing Accountability Through Transparency Act. Consistent with
the Providing Accountability Through Transparency Act, Public Law 1189-
9, a summary of this Third Further Notice of Proposed Rulemaking will
be available at <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
OPEN Government Data Act. The OPEN Government Data Act requires
agencies to make ``public data assets'' available under an open license
and as ``open Government data assets,'' i.e., in machine-readable, open
format, unencumbered by use restrictions other than intellectual
property rights, and based on an open standard that is maintained by a
standards organization. This requirement is to be implemented ``in
accordance with guidance by the Director'' of the OMB. The term
``public data asset'' means ``a data asset, or part thereof, maintained
by the Federal Government that has been, or may be, released to the
public, including any data asset, or part thereof, subject to
disclosure under [the Freedom of Information Act (FOIA)].'' A ``data
asset'' is ``a collection of data elements or data sets that may be
grouped together,'' and ``data'' is ``recorded information, regardless
of form or the media on which the data is recorded.''
Synopsis
Introduction. In this Third Further Notice of Proposed Rulemaking,
the Commission identifies additional gaps in its equipment
authorization framework that may present national security
vulnerabilities, and proposes and seeks comment on targeted rules and
clarifications to close them. Several of the proposals respond to the
Covered List's recent expansion to include production location-based
determinations (UAS, UAS critical components, and routers ``produced in
a foreign country'') which, unlike prior producer/provider-based
determinations, turn on where and how equipment is made rather than on
the identity of a named producer.
Bifurcating Covered List Rules. In light of the Covered List's
recent expansion to include production location-based entries, the
Commission seeks comment on reorganizing its part 2 rules to
distinguish rules that apply to producer/provider-based Covered List
entries from rules that apply to production location-based entries and
to ``Covered List sectors'' (i.e., device categories, such as UAS or
routers, subject to a production location-based entry). The Commission
proposes to direct the Public Safety and Homeland Security Bureau
(PSHSB) to redesign the Covered List website into two columns
reflecting this bifurcation.
White Labeling. The Commission seeks comment on whether to codify a
definition of ``produced by'' for Covered List purposes--for example,
whether a device is ``produced by'' an entity that exercises
substantial responsibility for, or control over, any major stage of the
process by which the device comes into existence, and whether design-
only contributions should be excluded under certain conditions, as one
commenter proposes, or included more broadly, as another commenter
proposes. The Commission also seeks comment on requiring applicants to
disclose all entities that produced a device, and on measures to
prevent abuse of the Commission's ``electrically identical'' and
change-of-identification procedures to evade Covered List restrictions
through undisclosed white-labeling or rebranding arrangements,
including whether to require disclosure of all brand and model names
associated with a given FCC ID.
Hardware and Software Bills of Materials. The Commission seeks
comment on requiring applicants for equipment certification to submit a
written and signed hardware bill of materials (HBOM) and software bill
of materials (SBOM) identifying, for each component, its producer,
production location(s), and the percentage of component value
attributable to each location, with updates required within 30 days of
any change. The Commission seeks comment on the costs and benefits of
this approach, including preliminary cost estimates of under $5,000 per
software program and up to $10,000 per hardware device, and on narrower
alternatives, such as limiting HBOM/SBOM requirements to devices in
Covered List sectors, to higher-risk equipment, or to specified
categories of components (e.g., logic-bearing hardware, modular
transmitters, semiconductors).
Software and Other Components Produced by Covered List Entities.
Building on the logic-bearing hardware component prohibition adopted in
the Third Report and Order, the Commission seeks comment on prohibiting
authorization of devices incorporating any component--not only logic-
bearing hardware--produced by a Covered List entity, or, alternatively,
adopting a rebuttable presumption against authorization that an
applicant could overcome by demonstrating the device does not pose
unacceptable national security risk. The Commission also seeks comment
on prohibiting authorization of, or the downloading of, software or
firmware produced or provided by a Covered List entity, and tentatively
estimates the annual cost of such a prohibition at under $50 million.
Requiring Certification for Devices in Covered List Sectors. The
Commission proposes to amend Sec. 2.907(c) to require that devices in
a Covered List sector (e.g., UAS, UAS critical components, and
routers)--regardless of producer--undergo the certification process
even if they would otherwise be eligible for SDoC or exempt from
authorization, mirroring the Commission's existing treatment of
equipment produced by Covered List entities. The Commission seeks
comment on this proposal, on whether to exempt categories such as UAS
on the Defense Contract Management Agency's Blue UAS Cleared List, and
on whether certification would close a potential loophole allowing
Covered List sector devices to evade authorization requirements by
incorporating previously authorized, non-covered modular transmitters.
Importation Under 47 CFR 2.1204. The Commission proposes to exclude
covered equipment from the general importation conditions of Sec.
2.1204(a) and to create a new subsection establishing a narrow set of
conditions under which covered equipment may be imported: with a valid,
unrestricted equipment authorization; in quantities of 40 or fewer
units for testing, evaluation, or product development (down from the
current 4,000-unit threshold generally applicable to unauthorized
devices), absent written approval from the Chief of OET for a greater
quantity; solely for export; for exclusive use by the U.S. Government;
or solely to develop products for U.S. Government use. The Commission
also proposes to eliminate the existing exception permitting marketing
of unauthorized cellphone handsets that
[[Page 51141]]
are capable of functioning only outside the United States, and seeks
comment on the personal-use importation exemption and other existing
importation exceptions as applied to covered equipment.
Marketing Under 47 CFR 2.803. The Commission seeks comment on
further marketing measures, including whether to require online
marketplaces to verify (not merely display) FCC ID and SDoC compliance
information; on expressly prohibiting the marketing of covered
equipment under the Commission's pre-authorization marketing rule; on
requiring disclosure of all brand and model names under which
authorized equipment is marketed; and on rules restricting the
marketing of otherwise-lawful devices (such as software-defined radios)
in a manner that promotes illegal use or unauthorized modification,
including a proposed point-of-sale warning notice for equipment
restricted to licensed users.
Use of the FCC Logo, 47 CFR 2.1074. The Commission seeks comment on
whether to extend the FCC logo's current voluntary-use framework to
certified devices, prohibit its use on incidental radiators and on any
device that has not been properly tested and authorized, and whether to
require its use on all validly authorized devices.
Streamlined Revocation, 47 CFR 2.939. The Commission seeks comment
on replacing the Commission's decades-old, radio-station-license-based
revocation procedure with a streamlined process--paralleling the
process adopted for covered equipment in the First Report and Order--
for revocations involving willfulness, termination of a Conditional
Approval, or willful failure to provide required information, and on
extending a streamlined process to all revocations involving covered
equipment consistent with the notice-and-opportunity-to-cure procedure
required by the Administrative Procedure Act.
Permitting Permissive Changes for Basic Software and Hardware
Updates to Covered Equipment. The Commission proposes to codify, and
make permanent, OET's waivers (currently effective through January 1,
2029) permitting Class I and Class II software and firmware permissive
changes--such as security patches and compatibility updates--to
already-authorized covered equipment where the change mitigates
consumer harm and does not alter the device's capability or marketed
identity. The Commission also seeks comment on extending similar
treatment to limited hardware component swaps for equipment in a
producer/provider-based Covered List entry, subject to conditions
including that the modification does not enhance capability, does not
substitute a foreign-produced component for a U.S.-produced one, and
that the device continues to be marketed as identical to the pre-
modification product.
Operation of RF Devices Prior to Equipment Authorization. The
Commission seeks comment on conforming Sec. 2.805, which governs pre-
authorization operation of RF devices, to the Commission's proposed
marketing and importation reforms for covered equipment, including
whether existing exceptions for trade-show demonstrations and pre-
production evaluation should apply to covered equipment.
UAS and Router Covered List Definitions. The Commission proposes to
codify definitions, previously articulated through Public Notices and
FAQ guidance, for ``produced in a foreign country'' (tied to the
``domestic end product'' standard in 48 CFR 25.101(a)(1)), ``UAS
critical components'' (an enumerated list including data transmission
devices, communications systems, flight controllers, ground control
stations, navigation systems, sensors and cameras, batteries and
battery management systems, and motors, designed and intended primarily
for UAS use), and ``routers'' (consumer-grade networking devices,
primarily intended for residential use, that forward IP data packets
between networked systems). The Commission seeks comment on these
definitions and on whether ``produced in a foreign country'' should be
interpreted more broadly (e.g., aligned with the FTC's ``Made in USA''
standard) or more narrowly (e.g., aligned with trade-law rules of
origin).
Term Limits on Equipment Authorizations. The Commission seeks
comment on whether equipment authorizations, which currently remain
valid indefinitely absent revocation, should instead expire after a
fixed term--tentatively suggesting ten years--and on associated renewal
procedures, streamlined renewal or expedited re-authorization
processes, and how any expiration requirement should apply to SDoC-
authorized equipment.
Registration of SDoC Devices. Noting substantial changes in the
equipment authorization landscape since the Commission's 1996 decision
not to require registration of SDoC-authorized devices, the Commission
proposes to require that all SDoC devices be registered with the
Commission and assigned a unique, publicly listed identification
number, and seeks comment on the scope of required registration
information (including whether to include HBOM/SBOM data), whether the
registration number should be displayed on the device label, and
whether online marketplaces should be required to collect and verify
SDoC compliance information or registration numbers at the point of
sale, paralleling the FCC ID display requirement the Commission adopts
in the concurrently released Third Report and Order.
Data Analytics Capability and Need for a Modern Equipment
Authorization System (EAS) Database. The Commission seeks comment on
modernizing its Equipment Authorization System database to better
support enforcement priorities while streamlining and reducing
administrative burden on TCBs and other participants in the equipment
authorization process, including what data-sharing and system
improvements would be most beneficial.
Submarine Cables. The Commission proposes to narrow its submarine
cable Covered List certification and routine-condition requirements,
adopted in the 2025 Submarine Cable First Report and Order, to apply to
producer/provider-based Covered List determinations, rather than
production location-based determinations, unless a location-based
determination specifically references national security threats to
submarine cable systems. The Commission seeks comment on this proposal
and its effect on submarine cable infrastructure security.
Rule Clarification. The Commission proposes to amend Sec. 2.903(c)
to clarify that the prohibition on authorizing Covered List equipment
applies to all equipment authorization pathways, not only the three
categories currently enumerated in that paragraph, and seeks comment on
whether this revision is necessary to prevent the rule from being
construed to exclude equipment authorized through mechanisms other than
certification, SDoC, or exemption.
Universal Service Fund and Supply Chain Annual Report. The
Commission seeks comment on how the component-level prohibitions
adopted in the Third Report and Order and the Covered List bifurcation
proposed in this Further Notice would affect the supply-chain
certification requirements in part 54 of the Commission's rules and the
annual Universal Service Fund supply chain report.
Impact on Other Service Provider Certifications. The Commission
seeks comment on how the determinations in the Third Report and Order
and the proposals in this Further Notice--particularly the component-
level prohibitions and the proposed Covered
[[Page 51142]]
List bifurcation--may affect other existing or proposed certifications,
filings, or attestations that reference the Covered List.
U.S.-Based Liable Party for FCC-Certified Equipment. The Commission
proposes to amend Sec. 2.909 to require that every applicant or
grantee of FCC certification have a U.S.-based liable party,
paralleling the existing requirement for SDoC-authorized equipment.
Under the proposal, the liable party would be the U.S.-based
manufacturer or assembler; if none, the importer; a retailer or other
party that assumes the liable-party role by agreement; or, following an
unauthorized modification, the party performing the modification (if
U.S.-based) or the importer. The Commission finds that its existing
requirement to designate a U.S. agent for service of process has, in
multiple instances, proven insufficient to ensure compliance, and seeks
comment on the costs, benefits, and alternative approaches to this
proposal.
The Commission seeks comment on appropriate transition periods and
implementation timelines for each of the proposals discussed above.
Ordering Clauses
It is ordered, pursuant to the authority found in sections 4(i),
301, 302, 303, 403, and 503 of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 301, 302a, 303, 403, 503; the Secure and
Trusted Communications Networks Act of 2019, 47 U.S.C. 1601-1609; and
the Secure Equipment Act of 2021, Public Law 117-55, 135 Stat. 423, 47
U.S.C. 1601 note, that this Third Further Notice of Proposed Rulemaking
is hereby adopted.
It is further ordered that the Commission's Office of the Secretary
shall send a copy of this Third Further Notice of Proposed Rulemaking,
including the Initial Regulatory Flexibility Analysis, to the Chief
Counsel of the Small Business Administration Office of Advocacy.
List of Subjects in 47 CFR Parts 1, 2, and 15
Administrative practice and procedure, Communications equipment,
Imports, Reporting and recordkeeping requirements, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 1, 2, and 15
as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47
U.S.C. 1754, unless otherwise noted.
0
2. Delayed indefinitely, amend Sec. 1.70006 by revising paragraph (d)
to read as follows:
Sec. 1.70006 Certifications.
* * * * *
(d) That the submarine cable system will not use equipment or
services that are produced or provided by an entity identified on the
Covered List that the Commission maintains on its website pursuant to
the Secure Networks Act, 47 U.S.C. 1601-1609, or other covered
communications equipment or services wherein the specific determination
concerning such equipment or services specifically references national
security threats involving submarine cable systems.
0
3. Delayed indefinitely, amend Sec. 1.70007 by revising paragraph (u)
to read as follows:
Sec. 1.70007 Routine conditions.
* * * * *
(u) No licensee shall add to its submarine cable system(s) under
its respective license(s) equipment or services that are produced or
provided by an entity identified on the Covered List that the
Commission maintains on its website pursuant to the Secure Networks
Act, 47 U.S.C. 1601-1609; except, this paragraph (u) shall not apply to
a licensee that is identified on the Covered List whose cable landing
license was or is granted prior to November 26, 2025.
(1) A licensee whose application for a cable landing license is
filed and granted after November 26, 2025, shall not use equipment or
services that are produced or provided by an entity identified on the
Covered List on its submarine cable system under the license.
(i) A licensee whose modification application to add a new segment
is filed and granted after November 26, 2025, shall not use equipment
or services that are produced or provided by an entity identified on
the Covered List on the new segment and the new landing point.
(ii) [Reserved]
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
4. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336 unless otherwise
noted.
0
5. Amend Sec. 2.803 by revising the heading, redesignating paragraphs
(c) and (d) as paragraphs (d) and (e), reserving new paragraps (c), and
adding paragraph (d)(3) to read as follows:
Sec. 2.803 Marketing of radiofrequency devices that lack an equipment
authorization.
* * * * *
(d) * * *
(3) Notwithstanding paragraph (b) of this section, for devices that
lack an equipment authorization and are listed on the Covered List, as
established pursuant to Sec. 1.50002 of this chapter, marketing is
prohibited.
* * * * *
0
6. Add Sec. 2.804 to read as follows:
Sec. 2.804 Online marketing of radiofrequency devices subject to an
equipment authorization.
(a) Prohibited marketing representations. Online marketplaces shall
not market a radiofrequency device subject to equipment authorization
in a manner that:
(1) Promotes or encourages operation of the device in violation of
the Communications Act or the Commission's rules;
(2) Promotes or encourages modification of the device to operate
outside the parameters authorized by the Commission; or
(3) Represents that the device may be used to evade, interfere
with, disable, or circumvent lawful communications, regulatory
requirements, or technical safeguards.
(b) Required warning for licensed-use devices. Online marketplaces
marketing a device subject to authorization shall prominently display
the following notice at the online point of sale:
``This equipment may only be sold to end users in the United States
who hold the appropriate FCC license. Information regarding the
purchase may be provided to the FCC upon request.''
(c) Online marketplace obligations. Online marketplaces shall:
(1) Collect the Supplier's Declaration of Conformity compliance
information statement or equivalent compliance documentation;
(2) Take reasonable steps to verify that the device is authorized
or exempt from authorization under Commission rules;
(3) Maintain such records for a period specified by the Commission;
and
[[Page 51143]]
(4) Display equipment authorization or compliance information at
the online point of sale.
0
7. Amend Sec. 2.902 by adding the following definitions, in
alphabetical order, to read as follows:
Sec. 2.902 Terms and definitions.
Covered List sector. A category of equipment, the entirety of which
or a subset of which is listed on the Covered List in Sec. 1.50002 of
this chapter.
Hardware bill of materials (HBOM). A formal record identifying the
hardware components contained in a device and information regarding the
origin and production of those components.
* * * * *
Personal use. Use of a device:
(1) In a manner not intended for sale, lease, marketing,
distribution, or other commercial advantage; and
(2) Solely by an individual or a not-for-profit entity for
noncommercial purposes.
Produced in a foreign country. A device is produced in a foreign
country if it either:
(1) Does not qualify as a domestic end product as that term is
defined in 48 CFR 25.101(a); and
(2) Is designed or developed in a foreign country.
* * * * *
Software bill of materials (SBOM). A formal record containing
details and supply chain relationships of software and firmware
components used in a device.
0
8. Amend Sec. 2.903 by revising paragraph (c) to read as follows:
Sec. 2.903 Prohibition on authorization of equipment on the Covered
List.
* * * * *
(c) The prohibitions in paragraphs (a) and (b) of this section
apply to all equipment, including:
(1) Equipment that would otherwise be subject to certification
procedures;
(2) Equipment that would otherwise be subject to Supplier's
Declaration of Conformity procedures; and
(3) Equipment that would otherwise be exempt from equipment
authorization.
* * * * *
0
9. Amend Sec. 2.906 by revising paragraph (d) and adding paragraphs
(e) and (f) to read as follows:
Sec. 2.906 Supplier's Declaration of Conformity.
* * * * *
(d) Notwithstanding other parts of this section, equipment
otherwise subject to the Supplier's Declaration of Conformity process
that is produced by any entity identified on the Covered List,
established pursuant to Sec. 1.50002 of this chapter, or a device
within a Covered List sector are prohibited from obtaining equipment
authorization through that process. The rules in this chapter governing
certification apply to authorization of such equipment.
(e) Registration requirement. Devices authorized pursuant to the
Supplier's Declaration of Conformity process shall be registered with
the Commission prior to marketing.
(1) The Commission shall assign a unique identification number for
each registered device.
(2) The responsible party shall provide information specified by
the Commission, including compliance information, responsible party
identification, and device identification information.
(3) Registration information shall be publicly available unless
entitled to confidential treatment under Sec. 0.459 of this chapter.
(f) Public Display Requirement. The unique registration identifier
shall be displayed:
(1) On the device or its packaging;
(2) In the compliance information statement; and
(3) In online marketing and product listings.
0
10. Amend Sec. 2.907 by revising paragraph (c) to read as follows:
Sec. 2.907 Certification.
* * * * *
(c) Any equipment otherwise eligible for authorization pursuant to
the Supplier's Declaration of Conformity, or exempt from equipment
authorization, produced by any entity identified on the Covered List,
established pursuant to Sec. 1.50002 of this chapter, or devices
within a Covered List sector must obtain equipment authorization
through the certification process. Devices subject to this paragraph
shall comply with all certification application requirements set forth
in this subpart, including disclosure and reporting obligations
applicable to certification applicants.
* * * * *
0
11. Revise Sec. 2.909 to read as follows:
Sec. 2.909 Responsible Party and Liable Party.
(a) Responsible Party.
(1) In the case of equipment that requires the issuance of a grant
of certification, the party to whom that grant of certification is
issued is responsible for the compliance of the equipment with the
applicable technical and other requirements. If any party other than
the grantee modifies the radio frequency equipment and that party is
not working under the authorization of the grantee pursuant to Sec.
2.929(b) of this chapter, the party performing the modification is
responsible for compliance of the product with the applicable
administrative and technical provisions in this chapter.
(2) For equipment subject to Supplier's Declaration of Conformity,
the party responsible for the compliance of the equipment with the
applicable standards, who must be located in the United States (see
Sec. 2.1077 of this chapter), is set forth as follows:
(i) The manufacturer or, if the equipment is assembled from
individual component parts and the resulting system is subject to
authorization under Supplier's Declaration of Conformity, the
assembler.
(ii) If the equipment by itself, or a system assembled from
individual parts and the resulting system is subject to Supplier's
Declaration of Conformity and that equipment or system is imported, the
importer.
(iii) Retailers or original equipment manufacturers may enter into
an agreement with the responsible party designated in paragraph (a)(1)
or (a)(2) of this section to assume the responsibilities to ensure
compliance of equipment and become the new responsible party.
(iv) If the radio frequency equipment is modified by any party not
working under the authority of the responsible party, the party
performing the modifications, if located within the United States, or
the importer, if the equipment is imported subsequent to the
modifications, becomes the new responsible party.
(3) If the end product or equipment is subject to both
certification and Supplier's Declaration of Conformity (i.e., a
composite system), all requirements of paragraphs (a) and (b) of this
section apply.
(4) If, because of modifications performed subsequent to
authorization, a new party becomes responsible for ensuring that a
product complies with the technical standards and the new party does
not obtain a new equipment authorization, the equipment shall be
labeled, following the specifications in Sec. 2.925(d) of this
chapter, with the following: ``This product has been modified by
[insert name, address and telephone number or internet contact
information of the party performing the modifications].''
(5) In the case of transfer of control of equipment, as in the case
of sale or merger of the responsible party, the new entity shall bear
the responsibility of continued compliance of the equipment.
[[Page 51144]]
(b) Liable Party. In the case that the grantee of equipment
authorization through certification is located in a foreign country,
there must be a liable party located in the United States. The party
liable for compliance of the equipment with the applicable standard and
Commission rules is set forth as follows:
(1) The manufacturer or, if the equipment is assembled from
individual component parts and the resulting system is subject to
authorization under certification, the assembler.
(2) If the equipment by itself, or a system assembled from
individual parts and the resulting system is subject to certification
and that equipment or system is imported, the importer.
(3) Retailers or original equipment manufacturers may enter into an
agreement with the liable party designated in paragraph (b)(1) or
(b)(2) of this section to become the new liable party.
(4) If the radio frequency equipment is modified by any party not
working under the authority of the responsible party, the party
performing the modifications, if located within the United States, or
the importer, if the equipment is imported subsequent to the
modifications, becomes the new liable party.
0
12. Amend Sec. 2.911(d) by adding paragraphs (d)(8) through (11) to
read as follows:
Sec. 2.911 Application requirements.
* * * * *
(d) * * *
(8) The applicant shall provide a written and signed certification
identifying any and all entities that produced the device for which
equipment authorization is sought.
(i) The certification shall identify each entity that produced the
device, including any entity involved in the design, development,
manufacturing, or assembly of the device.
(ii) The certification shall be signed by an authorized
representative of the applicant.
(iii) The applicant shall update the certification if material
changes occur prior to grant of the equipment authorization.
(iv) The Commission or Telecommunication Certification Body may
request additional information reasonably necessary to determine
whether an identified entity produced the device.
(9) Supply chain disclosure materials.
(i) An applicant for certification shall submit, as part of its
application, a written and signed hardware bill of materials (HBOM) and
software bill of materials (SBOM) for the device for which equipment
authorization is sought.
(ii) The HBOM and SBOM shall identify all components of the device,
including hardware, software, and firmware components of the device.
(iii) The HBOM and SBOM shall be certified as true and correct by
an authorized representative of the applicant.
(iv) The Commission or Telecommunication Certification Body may
require the applicant to provide supplemental documentation sufficient
to verify the accuracy or completeness of the HBOM or SBOM.
(10) Required contents of HBOM and SBOM disclosures. The HBOM and
SBOM required by paragraph (d)(9) of this section shall identify, for
each critical component:
(i) The component name and function;
(ii) The producer of the component;
(iii) The location or locations where the component was designed,
developed, manufactured, assembled, or otherwise produced; and
(iv) The percentage of component value attributable to each
producer and production location.
(11) Producer contact information. For each producer identified
pursuant to this section or within any required HBOM or SBOM
submission, the applicant shall provide:
(i) The producer's legal name;
(ii) Any trade names or doing-business-as names used by the
producer;
(iii) The producer's principal place of business;
(iv) The jurisdiction of incorporation or organization;
(v) Contact information for an authorized representative of the
producer, including mailing address, telephone number, and electronic
mail address; and
(vi) Any additional identifying or contact information required by
the Commission or Telecommunication Certification Body for purposes of
verifying production location or supply chain information.
* * * * *
0
13. Amend Sec. 2.931 by adding paragraph (f) to read as follows:
Sec. 2.931 Responsibilities.
* * * * *
(f) The responsible party shall update any HBOM or SBOM information
submitted pursuant to Sec. 2.911 within 30 days of any material change
to the hardware, software, firmware, producer, or production location
information contained therein.
0
14. Amend Sec. 2.932 by adding a final sentence to paragraph (b)
introductory text and paragraphs (b)(1) through (6) to read as follows:
Sec. 2.932 Modification of equipment.
* * * * *
(b) * * * Notwithstanding this section, software or firmware
updates to already-authorized covered equipment shall not constitute a
request for a new equipment authorization where:
(1) The modification mitigates harm to consumers;
(2) The modification does not enhance the device's capability or
alter its intended use;
(3) The modified device is marketed as identical to the pre-
modified device;
(4) The modified device is equipment in a producer/provider-based
Covered List entry, rather than a production location-based Covered
List entry; and
(5) The modification does not involve the replacement of a U.S.-
produced component for a foreign-produced component.
* * * * *
0
15. Amend Sec. 2.939 by redesignating paragraph (c) as paragraph (b),
and revising redesignated paragraph (c) and paragraph (d) to read as
follows:
Sec. 2.939 Revocation, withdrawal, or limitation of equipment
authorization.
* * * * *
(c) Notwithstanding other provisions of this section, the
Commission directs the Office of Engineering and Technology and the
Public Safety and Homeland Security Bureau to revoke equipment
authorizations using the streamlined process in paragraph (d) of this
section for any of the following equipment authorizations:
(1) Any case of willfulness, such as false statements or
misrepresentations to the Commission, by a test lab, a TCB, or another
federal agency, involving an equipment authorization application or
existing grant;
(2) Any willful failure to provide required information associated
with the equipment authorization to the Commission, a test lab, a TCB,
or another authorized federal agency;
(3) Any equipment authorization for equipment that has been granted
a Conditional Approval, but which Conditional Approval has been
subsequently terminated.
(d) The streamlined revocation process shall be:
(1) If the Office of Engineering and Technology and the Public
Safety and Homeland Security Bureau determine that one of the
conditions in paragraph (c) of this section is met, they will provide
written notice to the grantee
[[Page 51145]]
that a revocation proceeding is being initiated and the grounds under
consideration for such revocation.
(2) The grantee will have 10 days in which to respond in writing to
the reasons cited for initiating the revocation proceeding. The Office
of Engineering and Technology and the Public Safety and Homeland
Security Bureau will then review the submissions, request additional
information as may be appropriate, and make their determination as to
whether to revoke the authorization, providing the reasons for such
decision.
* * * * *
0
16. Amend Sec. 2.1043 by adding paragraph (m) to read as follows:
Sec. 2.1043 Changes in certificated equipment.
* * * * *
(m) Software, firmware, or hardware updates to already-authorized
covered equipment shall constitute Class I or Class II permissive
changes, respectively, shall not constitute applications for equipment
authorization, and are not prohibited, so long as:
(1) The modification mitigates harm to consumers;
(2) The modification does not enhance the device's capability or
alter its intended use;
(3) The modified device is marketed as an identical product to the
pre-modified device; and
(4) The modification does not involve swapping a U.S.-made
component for a non-U.S.-made component.
0
17. Amend Sec. 2.1074 by adding paragraphs (c) and (d) to read as
follows:
Sec. 2.1074 Identification.
* * * * *
(c) The FCC logo shall not be affixed to, displayed on, or
associated with incidental radiators or any other devices not subject
to equipment authorization requirements under this chapter.
(d) The FCC logo shall not be used on, displayed in connection
with, or associated with any device that:
(1) Has not been properly tested and authorized in accordance with
the Commission's rules;
(2) Is marketed in violation of the Commission's equipment
authorization requirements;
(3) Has had its equipment authorization revoked, withdrawn,
suspended, or limited; or
(4) Is otherwise not eligible to bear the FCC logo under this
chapter.
0
18. Amend Sec. 2.1204 by revising paragraph (a)(5) and adding
paragraph (c) to read as follows:
Sec. 2.1204 Import conditions.
(a) * * *
(5) The radio frequency device is being imported solely for export.
The device will not be marketed or offered for sale in the United
States.
* * * * *
(c) Covered equipment. Notwithstanding paragraph (a) of this
section, covered equipment may be imported only if one or more of the
following conditions are satisfied:
(1) The equipment has a valid equipment authorization that has not
been limited, revoked, or otherwise restricted pursuant to Sec.
2.939(e) of this chapter;
(2) The equipment is imported in a quantity of 40 or fewer units
for testing and evaluation or product development, unless the Chief of
the Office of Engineering and Technology grants written approval for a
greater quantity;
(3) The equipment is imported solely for export;
(4) The equipment is imported exclusively for use by the United
States Government; or
(5) The equipment is imported solely for the purpose of developing
products for use exclusively by the United States Government.
PART 15--RADIO FREQUENCY DEVICES
0
19. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a and
549.
0
20. Amend Sec. 15.101 by adding paragraph (f) to read as follows:
Sec. 15.101 Equipment authorization of unintentional radiators.
* * * * *
(f) Notwithstanding any other provision of this section, devices
within a Covered List sector shall be subject to certification.
[FR Doc. 2026-16197 Filed 8-6-26; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on August 7, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.