FCC Seeks Comment on Proposed Rules to Prohibit TCBs and Test Labs Posing National Security Risks from Authorizing RF Equipment, as well as Other Rules that Will Affect Authorization, Importation, and Marketing Requirements
The Federal Communications Commission (“FCC” or “Commission”) recently released a draft Notice of Proposed Rulemaking (“NPRM”), that will be considered in its May 23 Open Meeting. The NPRM proposes, among other things, to “prohibit from recognition by the FCC and participation in [its] equipment authorization program, any [Telecommunications Certification Body (“TCB”)] or test lab in which an entity identified on the ‘Covered List’ has direct or indirect ownership or control.” The NPRM also would also direct the Office of Engineering and Technology (“OET”) to “suspend the recognition of any TCB or FCC-authorized test lab [that is] directly or indirectly owned or controlled by entities identified on the Covered List, thereby preventing such entities from using their owned or controlled labs to undermine our current prohibition on ‘Covered Equipment.’”
The deadlines for submitting comments and reply comments will be 60 days after the NPRM is published in the Federal Register, and 90 days after publication, respectively. We will alert you when the final deadlines are set.
Specifically, the Commission seeks comment on its proposals to:
- ban from participating in the FCC’s RF equipment authorization program any TCB or test lab in which an entity listed in the Covered List has direct or indirect ownership or control;
- consider banning other entities that may pose national security risks from engaging in RF equipment authorization;
- collect ownership and control information from all TCBs and test labs that the FCC determines is related to national security concerns;
- revised the rules on TCBs’ post-market surveillance to address erroneous authorization of equipment that may compromise national security;
- impose new accreditation requirements on TCBs and test labs
- revisit what constitutes “just cause” for withdrawing FCC recognition of a TCB or test lab; and
- increase transparency on test lab data and information on which TCBs rely for certification of RF equipment.
These proposed rules could raise significant roadblocks for suppliers that seek authorization to market their RF devices and other equipment in the U.S., particularly if any component is imported into the U.S. Moreover, if certain rules are implemented, the could FCC order the cessation of marketing any RF equipment that it considers “improperly authorized.” Accordingly, it is critical that RF equipment suppliers make their voices heard in this proceeding.
NEED HELP WITH RF EQUIPMENT COMPLIANCE?
The CommLaw Group Can Help!
Given the complexity and evolving nature of the FCC’s rules, regulations and policies & procedures around RF equipment authorization, marketing, importation, testing, and FCC enforcement actions, it is important to ensure that your equipment is fully compliant with all applicable requirements. The CommLaw Group has attorneys with many years of experience in all aspects of RF equipment conformity, as well as representing suppliers who have received compliance notices from the FCC.
CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS
Jonathan S. Marashlian — Tel: 703-714-1313 / E-mail: jsm@CommLawGroup.com
Ronald E. Quirk – Tel: 703-714-1305/ E-mail: req@CommLawGroup.com
