NatSec Noir

Tech and geopolitics out of the shadows

Newsletter·RSS·About
Record · FCC

EA Security 3.0

The FCC adopts new equipment-authorization and marketing restrictions to address national-security risks in the communications supply chain, while seeking comment on additional Covered List and equipment-authorization measures.

Docket
FCC-26-50; ET Docket No. 21-232
Issuing body
FCC
Document date
2026-07-22
Entered
2026-09-07
Lists
Covered ListLitigation

What it does The Third Report and Order prohibits authorization of devices containing qualifying logic-bearing hardware components produced by Covered List entities when the finished device would itself be prohibited if produced by that entity. It defines such components using a digital-device framework, including a threshold above 9,000 pulses (cycles) per second, but does not extend the new prohibition to software or firmware. The order also requires full certification—not Supplier’s Declaration of Conformity—for modifications or permissive changes made by Covered List entities, clarifies the treatment of previously authorized equipment, revises the definition of “critical infrastructure,” and treats specified online-marketplace activities as marketing. Marketplaces must verify and prominently display the correct FCC ID for covered certified-device listings at the online point of sale, subject to stated exemptions and grandfathering rules.

Who it affects Device manufacturers, applicants, Covered List entities, telecommunications certification bodies, retailers, resellers, e-commerce marketplaces, and third-party sellers are directly affected. Previously authorized equipment and qualifying applications pending before the new component restriction takes effect receive limited protection.

Why it matters The order closes a component-level pathway through which a Covered List entity’s hardware could enter an otherwise authorized device. It also shifts compliance responsibility upstream and toward online sales platforms, linking authorization, supply-chain provenance, and consumer-facing transparency.

Key dates and numbers

  • Adopted July 22, 2026; released July 23, 2026.
  • Logic-bearing-component restriction becomes effective 30 days after Federal Register publication.
  • The accompanying Third Further Notice sets comment and reply-comment deadlines at 30 and 45 days after Federal Register publication.
  • ET Docket No. 21-232; FCC-26-50.
Approved 2026-09-28 · published 2026-09-07