Overview
The Federal Communications Commission (FCC) has released a draft order that would end recognition of equipment testing laboratories in mainland China and other countries lacking reciprocal arrangements with the United States. The proposed restrictions would apply to new equipment authorization applications received after December 1, 2028, while preserving existing product certifications. Manufacturers that rely on affected laboratories for testing would need to change where their FCC lab testing occurs, even if their specific products are not on the FCC’s Covered List. The proposal is to be voted on at the FCC’s October 29, 2026 open meeting. The proposal would affect the testing infrastructure used across the FCC certification program.
Scope of proposed order. Specifically, the proposed order (to be enacted in Section 2.902 of the Commission’s rules) would limit recognized labs to the United States and "Reciprocal Economies," and establish corresponding geographic restrictions for Telecommunications Certification Bodies (TCBs) and laboratory accreditation bodies. Testing labs measure devices’ compliance with FCC requirements, while TCBs evaluate applications and decide whether to grant certifications. Reciprocal economies are defined as "the territory of an economy with which the United States has entered into reciprocal treatment through an MRA [Mutual Recognition Agreement] or trade agreement with comparable reciprocal provisions." Current Reciprocal Economies countries are listed in Appendix D of the proposed order. Such countries do not include Mainland China but do include Hong Kong and Taiwan. The list also includes, among others, Canada, Japan, South Korea, Taiwan, the United Kingdom, and EU member states.
The rules would also prohibit a recognized test lab from carrying out a "covered activity" within a non-Reciprocal Economy even if the lab is headquartered elsewhere. A covered activity for a test lab "includes test setup and operation, required measurements, technical analysis of results, and preparation or approval of the test report relied on for certification." The order would therefore prevent a test lab "from maintaining a headquarters, place of organization, or recognized site in a Reciprocal Economy while conducting the testing, certifying, and accrediting in a non-Reciprocal Economy." For example, "a person working remotely from a non-Reciprocal Economy may not perform the substantive covered tasks."
Importantly, a covered activity would not include any of the following:
- pre-compliance or R&D testing that is not represented to be FCC-recognized testing and is not relied on in a certification application;
- manufacture, maintenance, or calibration of measurement equipment;
- sales, accounting, payroll, scheduling, information-technology support, or other ministerial administration; or
- a global entity’s facilities and personnel wholly segregated from its FCC function.
Transition period. The order would allow for a transition period until December 1, 2028. In the intervening time, OET can continue to grant recognition from non-Reciprocal Economies (but only until December 1, 2028). Further, test labs in non-Reciprocal Economies can continue to conduct FCC-approved activities until the transition date. OET will issue implementation guidance addressing pending applications and other transition questions.
Existing certifications remain valid. Certifications granted before December 1, 2028 will remain valid. The order notes that it "does not revoke existing equipment grants or require retesting of already authorized devices."
Rationale. The order rejects objections from commenters that centered on the availability of products in the US market and increased costs. The order would also reject exceptions for some kinds of general consumer products. The Commission proposes to move forward because of its lack of confidence in the integrity of the affected test labs and the increasing dangers of overconcentrated testing capacity in non-reciprocal economies.
The draft order explains that out of 609 recognized testing labs, 25% are located in mainland China but that 82% of actual testing for equipment authorization applications occurs in Chinese labs. The agency argues that "this degree of concentration also renders the equipment authorization process vulnerable to substantial disruption and raises significant economic and national security concerns" as well as disadvantaging US testing providers.
Further rules possible. The draft includes a notice of further rulemaking that seeks comment on:
- Requiring labs, TCBs, and accreditation bodies to use Legal Entity Identifiers;
- extending restrictions to providers owned or controlled by, or subject to the jurisdiction of non-Reciprocal Economies;
- expanding the sources used to identify prohibited entities; and
- requiring equipment authorized through Supplier’s Declaration of Conformity (SDoC) to be tested by accredited laboratories.
