FCC commissioners vote to adopt new rules designed to prevent foreign adversaries from owning or controlling equipment test labs and certification bodies that approve wireless electronic devices that can be imported, marketed or sold in the United States
By Donny Jackson, Editor
FCC commissioners have voted unanimously to adopt new rules designed to prevent foreign adversaries from owning or controlling equipment test labs and certification bodies that approve wireless electronic devices that can be imported, marketed or sold in the United States.
FCC Chairman Brendan Carr noted that the new “bad labs” rules covering test labs and telecommunications certification bodies (TCBs) are the latest in a series of steps taken by the agency—under both Democrat and Republican chairs—to bolster the national security against potential threats by foreign adversaries. The FCC has found that “a number of labs potentially have deep ties to the Chinese Communist Party (CCP),” according to an agency new release about the item.
“Before any electronics can be imported or sold in the US, they must be tested in a lab to ensure compliance with FCC regulations,” Carr said during the FCC meeting, which was webcast. “The commission certifies these labs and, historically, they focus on compliance with technical rules, like power levels and what spectrum bands device operate on.
“But the closer we looked at these labs, the clearer it became that they create a potential loophole in our national-security efforts. After all, these labs provide a gateway into the US telecommunications infrastructure. It’s not hard to imagine that an unreliable lab—one beholden to a foreign adversary—could sign off on insecure gear entering the US market.
“Trusting a lab like Huawei to certify that it’s not certifying prohibited gear doesn’t sound like a smart bet to me. This order will eliminate that type of risk. It establishes a rule that prohibits test labs from participating in the FCC equipment-authorization process, if they are owned, controlled or directed by entities that pose a national-security risk. This restriction will apply to foreign-adversary governments, including China.”
Commissioner Anna Gomez also stressed the importance of the FCC’s action to remove “bad labs” from the equipment-authorization process.
“To ensure that trustworthy devices reach the market, we need an agile and secure programme with trustworthy participants,” Gomez said during the FCC meeting. “Today, we adopt rules to prevent bad actors from utilizing these key players as a backdoor to jeopardize our national security.”
FCC commissioners voted 4-0 to approve the “bad labs” report and order, as well as a further notice of proposed rulemaking on the topic.
Based on the draft proposal, these rules would not retroactively impact existing certifications for equipment, although Gomez said the further notice of proposed rulemaking asks what should be done about equipment that has started the certification process at a prohibited lab but has not yet completed the process.
In a separate but related item, FCC commissioners voted unanimously in support of an item that is designed to initiate a process to “formalize the identification of entities holding licenses and authorizations in the communications sector that are controlled by a foreign adversary, both at present and on a rolling basis going forward,” according to an agency press release about the matter.
FCC Commissioner Geoffrey Starks announced that this meeting would be his last as a commissioner, fulfilling his previously announced plans to retire from the position. With the departure of Starks—a Democrat—Republicans have a 2-1 majority when considering future items, at least until new FCC commissioners are nominated and confirmed by the Senate.
