What it does The Report and Order adopts new part 2 rule 2.903, making Covered List equipment ineligible for either FCC certification or the Supplier’s Declaration of Conformity process, including equipment added to the list in the future and excluding equipment removed from it. Certification applicants must provide a written, signed certification that the equipment is not prohibited and disclose whether the applicant is a Covered List entity. They must also designate a U.S.-located agent for service of process. The FCC adopts streamlined revocation procedures for false statements and retains authority to consider revocation of existing authorizations. An interim freeze applies while the rules become effective. The Further Notice seeks comment on component parts, possible revocation procedures, a U.S.-based responsible party, supply-chain considerations, and competitive-bidding rules.

Who it affects The requirements directly affect equipment manufacturers, importers, marketers, certification applicants, FCC-recognized Telecommunications Certification Bodies, and entities producing equipment identified on the Covered List. Huawei, ZTE, Hytera, Hikvision, Dahua, and their relevant subsidiaries and affiliates are specifically addressed.

Why it matters The decision converts the Covered List from a supply-chain identification mechanism into a direct equipment-authorization restriction, implementing the Secure Equipment Act’s mandate and linking FCC approval to national-security determinations made by Congress and specified executive-branch sources.

Key dates and numbers

• Adopted November 11, 2022; released November 25, 2022.
• ET Docket No. 21-232; EA Docket No. 21-233; FCC 22-84.
• Comments are due 30 days and replies 60 days after Federal Register publication.
• The Secure Equipment Act required action by November 11, 2022.