New Device Testing Lab Recognition Requirements
On October 29, 2026, the Federal Communications Commission adopted final rules altering the regulatory regime that governs the testing of electronic devices intended for use or marketing in the United States. Under the equipment authorization framework, electronic devices must be tested at an FCC-recognized laboratory before they can be used or marketed domestically.
The newly adopted Order restricts FCC recognition of device test laboratories strictly to entities operating within the United States or in jurisdictions that offer reciprocal recognition to U.S. testing laboratories. Under these updated rules, all testing, certification, and accreditation activities must take place inside the United States or within a designated Reciprocal Economy starting December 1, 2028.
- Limits FCC recognition to labs in the U.S. or countries offering reciprocal recognition.
- Sets a compliance start date of December 1, 2028, for testing, certifying, and accreditation activities.
- Addresses data showing that fewer than 4% of electronic devices are currently tested in U.S.-based labs.
Core Principles Behind the Reciprocity Mandate
According to the Commission, past decades have seen a shift where the majority of device testing moved to non-Reciprocal Economies, which has offshored the domestic testing industry and impaired regulatory oversight. The Commission outlined three foundational principles supporting the new reciprocity requirements.
- Lack of confidence in testing integrity within non-Reciprocal Economies, which lack direct U.S. authority or reciprocal government-to-government frameworks for oversight, accountability, and enforcement.
- Mitigation of dangerous overconcentration in non-Reciprocal Economies that generates vulnerabilities across the equipment authorization program.
- Application of international trade reciprocity as a measure of basic fairness to protect the domestic testing lab industry.
Prior Enforcement and National Security Actions
The newly adopted requirements build upon previous regulatory measures, including the Commission's earlier 'Bad Labs' rules. Those prior rules prohibited testing lab ownership or control by entities classified as national security threats, such as foreign adversaries, resulting in 29 test labs losing their FCC recognition.
The Commission has also engaged in targeted enforcement against testing fraud. The FCC withdrew recognition from two test labs operating in non-Reciprocal Economies and began the recognition withdrawal process for two additional labs after discovering fabricated, copy-and-paste test results that compromised consumer safety and communications network integrity.
- 29 test laboratories previously stripped of recognition due to national security and foreign adversary ownership concerns.
- Two laboratories in non-Reciprocal Economies had recognition withdrawn for falsified test results.
- Recognition revocation proceedings initiated for two additional facilities for similar misconduct.
Commission Action and Procedural Details
The regulatory action was approved on October 29, 2026, via a Third Report and Order and Third Further Notice of Proposed Rulemaking designated as FCC 26-73. The measure was adopted in ET Docket No. 24-136.
Chairman Carr and Commissioners Gomez and Trusty approved the item. Chairman Carr and Commissioner Trusty issued separate statements in conjunction with the decision.
- Action: Third Report and Order and Third Further Notice of Proposed Rulemaking (FCC 26-73).
- Docket: ET Docket No. 24-136.
- Voting Record: Chairman Carr, Commissioner Gomez, and Commissioner Trusty approving; separate statements issued by Chairman Carr and Commissioner Trusty.