FCC Prohibits New Foreign-Made Consumer Routers

The Federal Communications Commission has banned the importation, marketing, and sale of new models of foreign-produced or foreign-made consumer-grade routers, following a determination by an Executive Branch interagency body that such routers present a supply chain vulnerability and severe cybersecurity risk.

The FCC added the routers to its Covered List of equipment and services that pose an unacceptable national security risk, and released guidance on the Covered List update in FAQs available here.

The inclusion of foreign-produced routers on the FCC’s Covered List follows the recent similar addition to the Covered List of foreign-made uncrewed aircraft systems (UAS) – that is, drones – and UAS critical components.

Notably, unlike earlier Covered List determinations that focused on equipment or services originating from countries considered United States adversaries, for example, China and Russia, both the consumer router and drone determinations apply to foreign-produced equipment regardless of country of origin.

This latest Covered List update applies only to new models of foreign-produced or foreign-designed routers. Routers that previously received FCC authorization can still be imported, sold, and used in the United States and, pursuant to a waiver from the FCC’s Office of Engineering and Technology, can continue to receive software and firmware updates. Importantly, unlike for Huawei and ZTE equipment under the FCC’s Supply Chain Reimbursement Program (the Rip-and-Replace Program), router users are not required to stop using or to replace existing foreign-produced or foreign-designed routers.

For both foreign-produced consumer routers and drones, companies that believe their equipment does not pose an unacceptable risk to national security may apply for a Conditional Approval exemption from the Covered List from the United States Department of War or Department of Homeland Security. Entities seeking Conditional Approval for new equipment can refer to FCC guidance on how to apply. The FCC will update the Covered List based on specific determinations it receives from these agencies. Drones that have received Conditional Approval to continue to be imported and sold in the United States are listed on the Conditional Approval page of the FCC’s Covered List.

If you have questions about these Covered List updates, contact Jeremy Marcus in our Broadband, Spectrum, and Communications Infrastructure Practice Group.