Order Overview and Regulatory Relief
On September 29, 2026, the Federal Communications Commission's Office of Engineering and Technology (OET) released an Order granting an expedited petition for waiver filed jointly by NTCA–The Rural Broadband Association and America’s Communications Association (NTCA and ACA). The action grants a temporary waiver of Sections 2.932(b) and 2.1043(b) of the Commission's rules (47 CFR §§ 2.932(b) and 2.1043(b)).
The waiver allows association members, along with their suppliers, equipment grantees, and manufacturers, to implement necessary Class I and Class II permissive hardware modifications on previously authorized consumer-grade routers and broadband gateways currently subject to the FCC Covered List. The relief is granted for a one-year period extending through September 29, 2027.
Background on Covered List Restrictions
In October 2025, the Commission revised its equipment authorization regulations under ET Docket No. 21-232 to exclude equipment listed pursuant to Section 2.903 (the Covered List) from utilizing standard permissive change procedures for certified devices. On March 23, 2026, the FCC added routers produced in foreign countries to the Covered List, unless granted conditional approval by the Department of War (DoW) or Department of Homeland Security (DHS).
Under the strict application of Sections 2.932(b) and 2.1043(b), all permissive changes to covered routers—including maintenance and component updates—were prohibited. While OET previously issued waivers permitting software and firmware Class I and Class II security updates through January 1, 2029, hardware modifications remained strictly barred under existing regulations.
Scope of Authorized Hardware Modifications
The waiver granted in ET Docket No. 26-256 addresses ongoing supply-chain constraints and component obsolescence for equipment deployed across rural broadband networks. Under the terms of the Order, authorized entities may make targeted Class I and Class II permissive hardware changes consistent with 47 CFR § 2.1043.
The relief permits specific component substitutions and board adjustments, provided the modifications do not improve performance, alter original device functionality, serve to market the equipment as a distinct model, or replace U.S.-manufactured parts with foreign-produced alternatives.
- Substrate material modifications and replacements
- Memory module substitutions
- Replacement of discrete end-of-life components, including diodes, crystals, and inductors
- Comparable functionally equivalent non-RF passive components
- Timing-support elements and power-management parts
- Connectors, mechanical components, and thermal materials
- Related printed circuit board layout adjustments
Public Interest Standard and Precedent
OET concluded that the petition satisfied the good cause waiver standard under Section 1.3 of the Commission's rules (47 CFR § 1.3). The bureau determined that granting targeted hardware relief prevents broadband service disruptions for rural and independent service providers while preserving the underlying national security objectives of the Covered List, as the equipment models at issue were previously approved under FCC equipment authorization procedures.
This decision follows similar one-year hardware waivers granted to other industry participants and associations, including AT&T Services, NCTA, Sercomm, Verizon, Arcadyan, WNC Corporation, Askey Computer Corp., USTelecom, and CTIA. The prohibitions in Sections 2.932(b) and 2.1043(b) remain fully applicable to all other hardware modifications on covered devices.