Alert
11.28.22
On November 25, 2022, the Federal Communications Commission released a Report and Order modifying its equipment authorization rules to prohibit the importation, marketing and sale of certain communications equipment produced by entities on its Covered List. In particular, the FCC adopted rules to prohibit the issuance of equipment authorization certifications, along with eliminating the use of the more flexible Supplier’s Declaration of Conformity (SDoC) procedures, for these entities. By prohibiting the issuance of equipment certifications and use of the SDoC procedures, these companies are effectively barred from the U.S. market for their communications equipment and services.
The Covered List was established in 2019 as a result of the passage of the Secure and Trusted Communications Network Act of 2019, which focused on “covered” equipment, defined as communications equipment and services that are deemed to pose unacceptable risk to the national security of the United States, or the security and safety of United States persons. Separately, Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act required revisions to the Federal Acquisition Regulation (FAR) to prohibit the procurement of “covered telecommunications equipment or services” by federal agencies.
The initial Covered List was adopted by the FCC...
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