Overview and Statutory Purpose
On January 13, 2026, the Federal Communications Commission released a Small Entity Compliance Guide under DA 26-48 to assist small businesses, small non-profit organizations, and small governmental jurisdictions with rule changes adopted in ET Docket No. 21-232 (FCC 25-71, Second Report and Order and Second Further Notice of Proposed Rulemaking, released October 29, 2025).
The guide details Commission actions implementing the Secure Equipment Act of 2021 and Section 302 of the Communications Act. The updated rules clarify and reinforce prohibitions on authorizing communications equipment identified on the Commission's Covered List as posing an unacceptable risk to U.S. national security or the safety of U.S. persons.
Compliance Requirements for Modular Transmitters and Host Devices
The revised rules specifically address modular transmitters and host products under 47 CFR § 2.903:
- Modular Transmitters (47 CFR § 2.903(a)(1)-(2), (c)): Rules clarify that covered equipment includes equipment that has been, or could be, certified as a modular transmitter meeting Section 15.212 requirements. Authorizations for modular transmitters that constitute covered equipment are explicitly prohibited.
- Host Devices Incorporating Modular Transmitters (47 CFR § 2.903(b), (c)): Authorization is explicitly prohibited for any product, host, or device incorporating a modular transmitter that is covered equipment, regardless of whether that modular transmitter was previously authorized or whether the host seeks a separate authorization or relies on an existing modular grant.
Marketing, Importation, and Permissive Change Restrictions
The Commission adopted several procedural and substantive restrictions governing authorizations, importation, and device modifications:
- Importation and Marketing Limitations (47 CFR §§ 2.803, 2.939(e), 2.1204): A procedure is established allowing the FCC to limit the scope of previously granted authorizations of covered equipment to prohibit future importation and marketing without revoking the underlying authorization or prohibiting continued use. Equipment subject to this limitation cannot be marketed or imported.
- Scope of Equipment 'Produced By' Covered Entities: The Covered List encompasses equipment produced by Huawei Technology Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, and their affiliates and subsidiaries. The FCC clarified that 'produced by' is not limited to manufacture or assembly, but extends to substantial responsibility for or control over any major stage of device creation, including design, development, manufacture, or assembly.
- Prohibitions on Modifications (47 CFR §§ 2.932, 2.1043): The rules explicitly bar modifications, including permissive changes, to previously authorized covered equipment or to equipment that would become covered as a result of the modification.
Recordkeeping and Effective Date
The Second Report and Order established new or modified recordkeeping and reporting requirements reflecting updated cross-references in 47 CFR § 2.933(b)(5).
The rules adopted in the Second Report and Order took effect on December 26, 2025.