Overview of the Equipment Authorization Integrity Draft
The Federal Communications Commission (FCC) has circulated a draft Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking (Second EA Integrity R&O) under ET Docket No. 24-136. The draft proceeding builds upon prior actions to address supply chain vulnerabilities, safeguard U.S. communications networks, and reinforce oversight across Telecommunications Certification Bodies (TCBs), test measurement facilities, and laboratory accreditation bodies.
Under section 302 of the Communications Act of 1934, the Communications Assistance for Law Enforcement Act, the Secure and Trusted Communications Networks Act of 2019, and the Secure Equipment Act of 2021, the Commission oversees radiofrequency (RF) device compliance. The draft measure introduces operational incentives for domestic and reciprocal testing while establishing stricter transparency, enforcement, and post-market surveillance mechanisms.
Fast-Track Priority Reviews for Trusted Test Labs
The draft Order establishes a priority fast-track Pre-Approval Guidance (PAG) review process under 47 CFR § 2.964 for equipment tested by 'Trusted Test Labs.' These trusted facilities are defined as test laboratories located within the United States or in territories of economies with Mutual Recognition Agreements (MRAs) or trade agreements containing conformity assessment reciprocity provisions to which the United States is a party.
To execute this fast-track framework, the FCC directs the Office of Engineering and Technology (OET) to create a separate streamlined PAG list with fewer equipment categories for applications utilizing Trusted Test Labs. OET is also directed to publish processing timeline metrics to quantify time savings and track administrative efficiency.
- Establishes a two-track PAG system separating Trusted Test Labs from other testing facilities.
- Aims to reduce intellectual property theft risks and lower the typical multi-week PAG review queue.
- Estimates an annual cost savings of approximately $219,000 for domestic lab applicants and $552,000 for qualifying MRA-partnered test lab applicants.
Disclosure of Personnel and Testing Locations
To ensure compliance with ISO/IEC 17025 and ISO/IEC 17065 impartiality frameworks, the Commission amends 47 CFR §§ 2.951 and 2.960. Test laboratories and TCBs must disclose the number and business location of all employees or agents engaged in FCC-recognized testing and certification activities, including personnel located outside the United States.
The Commission notes this transparency is necessary to evaluate potential foreign government jurisdiction and operational independence, while clarifying that personal home addresses and personally identifiable information will not be required absent specific investigations.
Surveillance Updates, Enforcement, and Consolidated Screening Tools
The draft framework directs OET to update post-market surveillance procedures in KDB 610077, addressing yearly sampling quotas, procedures for uncooperative grantees, and transparent reporting when non-compliance is identified. The Commission emphasizes enforcement of applicant truthfulness under 47 CFR § 1.17 and § 2.911(d), warning that fraudulent test data or false certifications can result in maximum civil penalties, in rem equipment seizures, or federal criminal referrals.
The draft Order also directs the creation of two new compliance resources to assist stakeholders:
- A confidential reporting portal established by OET for industry participants to report suspected authorization violations or national security risks without fear of commercial retaliation.
- A centralized, consolidated list of prohibited entities under 47 CFR § 2.902 provided to TCBs in human-readable and, where feasible, machine-readable formats to streamline applicant screening.
Order on Reconsideration for Publicly Traded Entities
The Commission grants a Petition for Reconsideration filed by Garmin International, Inc., amending 47 CFR §§ 2.949(d), 2.951(c), and 2.962(d). Under the revised text, the 30-day reporting deadline for a 5% or greater ownership change in U.S. publicly traded entities is triggered upon 'actual knowledge' of the change (such as the filing of SEC Schedule 13D or 13G), rather than the date the transaction takes effect.
Second Further Notice of Proposed Rulemaking Proposals
The accompanying Second FNPRM reopens the record on broader structural changes regarding foreign conformity assessment bodies operating in countries lacking reciprocal trade agreements with the United States.
Specifically, the Commission seeks comment on the following prospective measures:
- Ceasing FCC recognition of test labs, TCBs, and laboratory accreditation bodies located in or conducting operations from non-reciprocal territories, including potential transition periods or phase-outs upon renewal.
- Alternative interim mechanisms, including an additional permit fee (such as $20,000) or extended mandatory waiting periods for devices tested in non-reciprocal countries.
- Contractual, technical, and procedural protections required to safeguard intellectual property during device testing and evaluation.
- Modernization requirements for the Equipment Authorization System (EAS) database to improve data analytics, streamline parallel processing, and support enforcement.