FCC Updates Equipment Authorization Rules to Strengthen National Security
By Yaron Dori, Kiara Ortiz & Jorge Ortiz | November 7, 2025

The Federal Communications Commission (FCC) issued its Second Report and Order (R&O) on October 29, 2025, along with a Second Further Notice of Proposed Rulemaking (FNPRM), advancing ongoing efforts to revise its equipment authorization rules. These updates aim to bolster the security of U.S. communications networks. Here’s a breakdown of the key developments.

Highlights from the R&O

Modular Transmitters
The FCC clarified that its ban on authorizing “covered equipment” (devices produced by entities on the FCC’s Covered List) now explicitly includes modular transmitters—self-contained radiofrequency components often integrated into other devices. The FCC emphasized that approving equipment containing a modular transmitter effectively authorizes the transmitter itself. Consequently, modular transmitters classified as covered equipment are now barred from authorization, regardless of any prior approvals.

Restrictions on Previously Authorized Equipment
A new procedure allows the Office of Engineering and Technology (OET) and the Public Safety and Homeland Security Bureau (PSHSB) to impose restrictions on previously authorized covered equipment. These offices may issue public notices signaling their intent to prohibit the continued marketing of specific devices. Importantly, these measures do not revoke the original authorizations.

Clarifying “Produced By” and Modification Rules
The FCC broadened the interpretation of “produced by” to include any entity with significant responsibility or control over key stages of a device’s production. Additionally, the R&O confirms that modifications—including so-called “permissive changes”—cannot convert authorized equipment into covered equipment without proper review.

Key Points from the FNPRM

Defining “Critical Infrastructure”
Following a D.C. Circuit ruling that the previous definition was overly broad, the FCC seeks input on a narrower definition of critical infrastructure: systems and assets—physical or virtual—so essential that their disruption could severely affect national security, the economy, or public health and safety.

Modifications by Covered Entities
The FCC proposed requiring certifications for any equipment modifications made by entities on the Covered List. Feedback is requested on how this process should work and its potential impact on supply chains.

Marketing and Compliance Measures
The FCC is also reviewing ways to strengthen enforcement against unauthorized marketing of covered equipment. This includes clarifying what constitutes marketing and identifying responsible parties, as well as considering additional protections to safeguard communications networks and consumers.

Stakeholders may submit comments on the FNPRM within 30 days of its Federal Register publication.

Tags: FCC, National Security, Equipment Authorization