Overview of Proposed Lab Reciprocity Requirements
On October 7, 2026, Federal Communications Commission Chairman Brendan Carr announced that the Commission will consider final rules to reform the regulatory framework governing the testing of electronic devices marketed and used in the United States. Under current regulations, electronic devices must undergo testing at an FCC-recognized laboratory before they can be legally marketed or operated in the U.S.
The proposed order would restrict FCC recognition of test laboratories solely to facilities situated within the United States or located in countries that grant reciprocal recognition to U.S. testing laboratories, defined as Reciprocal Economies. If approved by the full Commission at its October 29 Open Meeting, the rules would mandate that all testing, certification, and accreditation activities occur within the U.S. or a Reciprocal Economy beginning December 1, 2028.
Rationale and International Commerce Principles
According to the Commission, past shifts away from trade reciprocity have directed the majority of equipment testing to non-reciprocal economies, resulting in less than 4 percent of electronic devices being tested within U.S.-based laboratories. Chairman Carr emphasized that the initiative is intended to re-establish fair and reciprocal terms within international trade and restore domestic testing capacity.
- Integrity and Oversight: The Commission noted a lack of confidence in testing integrity within non-reciprocal economies lacking direct U.S. authority or reciprocal government-to-government oversight frameworks, citing observed patterns of egregious violations.
- Program Vulnerability: Prior market shifts have created an overconcentration of testing in non-reciprocal jurisdictions, creating systemic risks across the equipment authorization program.
- Trade Fairness: Applying reciprocity principles to the device testing market protects domestic industry and enforces basic standards of fairness in international commerce.
Regulatory Background and Prior Enforcement
The proposed reciprocity rules build upon the Commission's earlier regulatory actions addressing test lab eligibility. Under the preceding Bad Labs framework, the FCC prohibited test laboratory ownership or control by entities classified as national security threats, leading to the revocation of recognition for 29 test laboratories due to covered ties.
The FCC has also expanded enforcement measures against non-compliant entities, withdrawing recognition from two laboratories located in non-reciprocal economies and initiating withdrawal proceedings against two additional laboratories after identifying instances of falsified, copied-and-pasted test data. The draft Report and Order and Further Notice of Proposed Rulemaking detailing the proposal will be made publicly available ahead of the October 2026 open meeting.