Overview
The FCC is providing a path for broadband providers and their suppliers to keep previously authorized routers in production despite restrictions imposed by the agency's Covered List. In a series of orders granting requests by NCTA, USTelecom, and CTIA, the FCC's Office of Engineering and Technology (OET) is allowing limited hardware changes needed to address component shortages and discontinued parts.
Why a waiver was needed. On March 23, 2026, the FCC added foreign-produced routers to the Covered List. OET subsequently announced a waiver to allow software and firmware updates to covered routers to mitigate harm to consumers until January 1, 2029. However, hardware changes are still prohibited under the Commission's rules.
For equipment not on the Covered List, certain modifications to previously certified equipment qualify as "permissive changes." A Class I permissive change does not degrade the technical characteristics accepted when the equipment was certified and requires no additional filing. A Class II permissive change can degrade previously reported technical characteristics of the device, but the certification holder must submit supporting test results and a certification under 47 C.F.R. § 2.1043(b). Because the FCC's rules exclude Covered List equipment from obtaining either a Class I or Class II change, even otherwise qualifying component substitutions require a waiver.
What the FCC's waivers allow:
- The waiver for NCTA's members allows for Class I and Class II changes "to substitute substrate materials and memory modules" in previously certified routers that are now on the Covered List until June 9, 2027.
- The waiver for CTIA's members allows for Class I and Class II changes to covered routers "so long as the replacement equipment consists of memory modules and end-of-life components, including substrate, diodes, crystals, inductors, and RF filters" until September 23, 2027.
- The waiver for USTelecom's members allows for Class I and Class II changes to covered routers "by modifying or replacing substrate materials, memory modules, and discrete end-of-life components, including diodes, crystals, inductors, and comparable non-RF components" until September 23, 2027.
As each waiver allows for different types of equipment, companies should evaluate a proposed substitution against the particular waiver on which it intends to rely.
All three waiver orders allow not just the organization's listed members, but also their suppliers to make the authorized changes. Supply chain constraints and preventing disruptions in the availability of consumer-grade routers were the primary reasons cited by OET in granting the waivers.
Finally, the waivers cannot be used to "improve performance or capability or alter the functionality of the previously-authorized device . . . market the device as a distinct model . . . and will not involve swapping a U.S.-produced component for a foreign-produced component." CTIA Order ¶ 7. Therefore, these waivers do not serve the same purpose as a grant of conditional approval—they do not remove the affected equipment from the Covered List or authorize new product designs.
Lessons for future waiver requests. The orders offer a useful framework for parties considering future waiver requests. It is useful to document the specific component shortages, request a waiver for specific proposed substituted equipment, demonstrate that the substitution preserves the device's existing functionality, explain the consequences of being unable to continue manufacturing the device, and how the waiver is compatible with the Covered List rules.
While the orders discussed here were only for the router category, OET's reasoning may apply to other Covered List categories such as advanced robotics or UAS/drones.
If you are considering requesting a waiver for a product affected by the Covered List, contact one of Steptoe's Telecom attorneys.
