FCC-22-84A1_Rcd-EA-Security-1.0
The FCC adopts rules barring authorization, marketing, and importation of communications equipment identified on the Commission’s Covered List and adopts related procedures, an interim freeze, and further proposed changes.
What it does The Report and Order adds 47 CFR § 2.903 to prohibit Covered List equipment from both equipment certification and the Supplier’s Declaration of Conformity process, including equipment added to future list updates and excluding equipment removed from the list. Applicants for certification must provide a written, signed certification that the equipment is not prohibited and identify whether the applicant is a listed entity, while all applicants—domestic or foreign—must designate a U.S. agent for service of process. The FCC also ends applicable authorization exemptions, establishes enforcement and streamlined revocation procedures for false statements, and freezes processing or grants for covered equipment until the rules take effect. The Further Notice seeks comment on component parts, possible revocation of existing authorizations, a U.S.-based responsible party, and national-security conditions for competitive bidding.
Who it affects Manufacturers, importers, marketers, certification applicants, FCC-recognized Telecommunications Certification Bodies, and entities producing equipment associated with Huawei, ZTE, Hytera, Hikvision, and Dahua face the principal compliance effects. Huawei and ZTE equipment is categorically covered; Hytera, Hikvision, and Dahua equipment is restricted as specified in the order unless the FCC approves qualifying safeguards.
Why it matters The decision converts Covered List status into a direct equipment-authorization barrier, extending supply-chain security policy beyond subsidies and procurement and providing a mechanism that can automatically apply to future Covered List additions.
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.
- Secure Equipment Act deadline: November 11, 2022.
- New general prohibition: 47 CFR § 2.903.