Department of War Grants New Conditional Approvals
On April 14, 2026, the Federal Communications Commission's Public Safety and Homeland Security Bureau (PSHSB) released Public Notice DA 26-351, announcing that the Department of War (DoW) has granted conditional approvals for specific foreign-produced uncrewed aircraft systems (UAS) and routers.
Under the Secure and Trusted Communications Networks Act of 2019 and Commission rules, equipment listed under these conditional determinations is exempt from the FCC Covered List for specified durations.
- Sees.ai v.USA. 1.0 Uncrewed Aircraft System (conditional approval terminating December 31, 2026)
- Netgear, Inc. Nighthawk consumer mesh, mobile, and standalone routers (R, RAX, RAXE, RS, MK, MR, M, and MH series), Orbi consumer mesh, mobile, and standalone routers (RBK, RBE, RBR, RBRE, LBR, LBK, and CBK series), cable gateways (CAX series), and cable modems (CM series) (conditional approval terminating October 1, 2027)
- Adtran Inc. Service Delivery Gateway (SDG) class routers (conditional approval terminating October 1, 2027)
Regulatory Context and Covered List Modifications
The PSHSB maintains the Covered List pursuant to 47 U.S.C. Section 1601 and 47 CFR Sections 1.50002 and 1.50003, identifying communications equipment and services determined to pose an unacceptable risk to U.S. national security or the safety of U.S. persons.
Foreign-produced UAS and critical UAS components were added to the Covered List on December 22, 2025, with exemptions established in January 2026 for DCMA Blue UAS Cleared List equipment and Buy American domestic end products until January 1, 2027. Foreign-produced routers were subsequently added to the Covered List on March 23, 2026, subject to exclusions for devices granted conditional approval by the DoW or DHS.
The Bureau concluded that the latest DoW approvals constitute specific determinations that the covered devices do not pose unacceptable risks, requiring immediate updates to the published Covered List in Appendix A and Appendix B of docket WC Docket No. 18-89, ET Docket No. 21-232, and EA Docket No. 21-233.
- December 22, 2025: Foreign-manufactured UAS and critical components added to Covered List (DA 25-1086).
- January 7, 2026: Exemption established for Blue UAS Cleared List and Buy American qualifying UAS equipment through January 1, 2027 (DA 26-22).
- March 18, 2026: Initial conditional approvals added for select UAS and components (DA 26-253).
- March 23, 2026: Foreign-produced routers added to Covered List with exception for DoW/DHS conditional approvals (DA 26-278).
- April 14, 2026: Updated exemptions issued for Netgear routers/modems, Adtran SDG routers, and Sees.ai UAS (DA 26-351).
Staff Guidance and Bureau Inquiries
FCC staff will continue providing guidance to Telecommunication Certification Bodies (TCBs), test laboratories, and equipment authorization applicants regarding the practical impact of these Covered List updates under sections 0.191 and 0.31(i) of the Commission's rules.
Entities subject to Covered List prohibitions remain barred from securing FCC equipment authorizations for non-exempt covered equipment. Inquiries regarding this Public Notice may be directed to Operations and Emergency Management Division Attorney Advisers Chris Smeenk or Rebecca Clinton.