The Federal Communications Commission (“FCC” or “Commission”) has added foreign-produced advanced robotic devices to its Covered List, following a National Security Determination (“Determination”), concluding that such devices present an unacceptable risk to U.S. national security and to the safety and security of U.S. persons.
The Covered List
The Covered List identifies communications and other equipment and services that the FCC has determined pose an unacceptable risk to U.S. national security or the safety and security of U.S. persons. Equipment that is placed on the Covered List generally is ineligible for equipment authorization, which can prevent a manufacturer from lawfully obtaining authorization to market covered equipment in the United States.
The Covered List currently provides an exception for advanced robotic devices that have received a Conditional Approval from the Department of War (“DOW”). The new rules have potentially significant implications for companies that manufacture, import, sell, lease, deploy, or use foreign-produced mobile robots in the United States.
What Robots Are Covered?
The definition of an “advanced robotic device” is broad. It generally includes foreign-produced mechanical mobile devices—including autonomous mobile robots, humanoid robots, quadrupeds, and other wheeled or tracked robots—that:
- Are capable of locomotion, obstacle avoidance, navigation, or movement on the ground;
- Operate at a distance from a human operator or supervisor based on commands, sensor data, or both;
- Have a combined weight of more than 4.4 pounds, including an applicable ground station or docking station; and
- Contain an environmental sensor, network connectivity capable of at least 200 kbps in either direction, and software, firmware, or AI/ML functionality that controls navigation, movement, perception, data collection, or remote command-and-control.
Exceptions
The definition excludes certain categories, including uncrewed aircraft, certain underwater vehicles, specified medical and surgical robotic devices, mobility-assistance devices, and fixed, stationary industrial and medical robots.
Importantly, the Covered List entry is based on whether the device is foreign produced, rather than simply whether the manufacturer is a foreign company.
Why This Matters
The FCC’s rules prohibit covered equipment from receiving a new authorization, and applicants must certify that equipment is not prohibited from authorization because it is Covered Equipment. This can affect companies that:
- Purchase or import foreign-produced robots for U.S. operations;
- Deploy autonomous mobile robots in warehouses, manufacturing facilities, or other commercial environments;
- Purchase humanoid or quadruped robots for research and development;
- Integrate foreign-produced robots into larger products or systems;
- Introduce new robot models into the United States; or
- Plan hardware or other modifications to previously authorized foreign-produced robots.
The restrictions apply to the FCC equipment-authorization status of the device. Companies should therefore not assume that a robot is unaffected merely because it is being acquired for internal research, testing, development, or demonstration.
Existing Authorized Robots
The Determination does not generally revoke FCC authorizations that were granted before the robots were added to the Covered List. Previously authorized robots may therefore continue to be used, imported, marketed, and sold under their existing authorizations, subject to the applicable FCC rules.
The FCC’s Office of Engineering and Technology (“OET”) also issued a limited waiver permitting certain software and firmware updates to previously authorized foreign-produced advanced robotic devices. The waiver permits qualifying updates intended to mitigate harm to U.S. consumers, including updates necessary to maintain functionality and address security vulnerabilities, and currently extends through at least January 1, 2029.
The waiver should not be interpreted as a general authorization for hardware modifications or unrestricted changes to covered robots.
Conditional Approval and Onshoring
The Conditional Approval process is intended to allow foreign-produced advanced robotic devices to remain eligible for FCC authorization despite their Covered List status. The Determination identifies two principal objectives:
- Onshoring: The foreign manufacturer is expected to work toward moving manufacturing to the United States; and
- Risk mitigation: The manufacturer must address the U.S. Government’s identified national-security concerns, particularly those involving supply-chain security and cybersecurity.
Importantly, the determination does not impose a blanket requirement that foreign robotics manufacturers immediately—or necessarily entirely—onshore their manufacturing operations. Rather, onshoring is identified as part of the transition contemplated by the Conditional Approval process.
Recommended Compliance Steps
Companies that manufacture, purchase, import, distribute, or deploy mobile robotic equipment should consider taking the following steps:
- Inventory Current Robots. Identify foreign-produced mobile robots currently purchased, leased, installed, or operated in the United States.
- Review FCC Authorization Status. Determine whether each affected robot has an FCC equipment authorization and when that authorization was granted.
- Evaluate New Models. Before purchasing or deploying a new foreign-produced robot, determine whether it meets the FCC’s definition of an advanced robotic device and whether it is eligible for FCC authorization.
- Confirm Country of Production. Obtain information concerning the robot’s manufacturing location and relevant component sourcing. Do not rely solely on the manufacturer’s nationality or corporate headquarters.
- Review Planned Modifications. Before implementing hardware, software, firmware, communications, or AI-related changes, determine whether the modification is permitted under the robot’s existing FCC authorization and the FCC’s current Covered List rules.
- Obtain Supplier Documentation. Ask manufacturers and distributors to provide the exact FCC authorization for the model being purchased, together with documentation establishing its Covered List status or applicable Conditional Approval.
- Evaluate Conditional Approval. Foreign manufacturers of affected robots should consider whether a DOW Conditional Approval application is appropriate, particularly for products intended for continued U.S. commercialization.
Because the new Covered List entry is based on the characteristics and production status of the equipment, rather than simply the identity of the manufacturer, supplier-level diligence will be particularly important.
NEED ASSISTANCE WITH FCC ROBOTICS COMPLIANCE?
The CommLaw Group Can Help
The FCC’s Covered List now extends beyond traditional telecommunications equipment to include certain foreign-produced advanced robotic devices. The new requirements may affect robotics manufacturers, importers, distributors, technology companies, manufacturers, research organizations, and businesses deploying robotic systems.
The CommLaw Group advises companies regarding:
- FCC equipment-authorization requirements;
- Covered List restrictions;
- Conditional Approval requirements;
- Foreign-produced equipment;
- Equipment importation and marketing rules;
- Software, firmware, and hardware modifications;
- Supplier and distributor compliance procedures; and
- FCC investigations and enforcement matters.
Companies considering the purchase, importation, development, or deployment of foreign-produced robotic equipment should evaluate the FCC status of the specific device before committing to a new equipment deployment or product launch.
CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS
Jonathan Marashlian — Tel: 703-714-1313 / E-mail: jsm@CommLawGroup.com
Ron Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com