FCC Bans Equipment Authorizations For Chinese Telecommunications And Video Surveillance Equipment Deemed To Pose A Threat To National Security

The Federal Communications Commission adopted new rules prohibiting communications equipment deemed to pose an unacceptable risk to national security from being authorized for importation or sale in the United States. This is the latest step by the FCC to protect our nation’s communications networks. In recent years, the FCC, Congress, and the Executive Branch have taken multiple actions to build a more secure and resilient supply chain for communications equipment and services within the United States. The Report and Order applies to future authorizations of equipment identified on the Covered List published by the FCC’s Public Safety and Homeland Security Bureau pursuant to the Secure and Trusted Communications Networks Act of 2019. The new rules prohibit the authorization of equipment through the FCC’s Certification process, and makes clear that such equipment cannot be authorized under the Supplier’s Declaration of Conformity process or be imported or marketed under rules that allow exemption from an equipment authorization. The Covered List (which lists both equipment and services) currently includes communications equipment produced by Huawei Technologies, ZTE Corporation, Hytera Communications, Hangzhou Hikvision Digital Technology, and Dahua Technology (and their subsidiaries and affiliates). The new rules implement the directive in the Secure Equipment Act of 2021, signed into law by President Biden last November, that requires the Commission to adopt such rules. The FCC also adopted a Further Notice of Proposed Rulemaking seeking further comment on additional revisions that should be made to the rules and procedures prohibiting the authorization of “covered” equipment. It also seeks further comment on potential revisions to the FCC’s competitive bidding program. The FCC is also seeking comment on future action related to existing authorizations.