FCC to vote on limiting equipment authorization testing to the US and Reciprocal Economies

On October 8, 2026, the Federal Communications Commission (FCC or Commission) circulated a draft Third Report and Order (R&O) and Third Further Notice of Proposed Rulemaking (FNPRM) that would end FCC recognition of radiofrequency (RF) device test laboratories (Test Labs) located in countries with which the United States lacks a mutual recognition agreement or comparable reciprocal agreement (non-Reciprocal Economies). It would also codify similar restrictions for Telecommunications Certification Bodies (TCBs) and laboratory accreditation bodies.

The R&O builds on the FCC’s May 2025 and May 2026 orders in the same proceeding. Those orders barred recognition of entities tied to “prohibited entities,” such as foreign adversaries and FCC Covered List entities, and created a fast-track priority review for certain applications tested in trusted labs. The Commission states that roughly five of every six RF devices are now tested in non-Reciprocal Economies, and that testing is increasingly concentrated in a single non-Reciprocal Economy. It views this reliance as a vulnerability to national security and program integrity.

Below, we outline the practical impacts, summarize the R&O and FNPRM, and offer key takeaways.

Practical impacts for stakeholders

If adopted, the R&O would require many manufacturers and importers of RF devices to change where they test their products for FCC equipment authorization. Because the FCC estimates that roughly five of every six RF devices are currently tested in non-Reciprocal Economies, many companies would need to move testing to laboratories in the US or Reciprocal Economies for any application received on or after December 1, 2028. Businesses may experience higher testing costs, longer lead times if capacity at compliant laboratories tightens, and potential delays to product launches that straddle the transition date, although certifications granted before that date would remain valid.

Test Labs, TCBs, and accreditation bodies operating in non-Reciprocal Economies may need to restructure or segregate their FCC-related work to retain recognition, which may, in turn, affect existing testing contracts, pricing, and service availability. Companies may also face further compliance requirements if the FNPRM’s ownership-based restrictions or changes to the Supplier’s Declaration of Conformity (SDoC) process are later adopted.

The R&O: Key considerations

• Test Lab location restriction. The FCC would recognize only Test Labs located in the US or Reciprocal Economies. The R&O declines to adopt waivers for particular laboratories, establish product-risk tiers, or distinguish between initial and surveillance testing.
  
  
• TCBs and accreditation bodies. TCBs and laboratory accreditation bodies located in non-Reciprocal Economies would likewise be ineligible for recognition, which the FCC notes largely codifies existing practice.
  
  
• Covered activity. The FCC would prohibit recognized Test Labs, TCBs, and laboratory accreditation bodies from maintaining a headquarters, place of organization, or recognized site in a Reciprocal Economy while performing the testing, certification, or accreditation work in a non-Reciprocal Economy. These limitations would not apply to equipment manufacturing, maintenance, and calibration; ministerial back-office functions; wholly segregated global operations separate from the FCC function; or testing for other countries’ authorization regimes.
  
  
• Transition period. The restrictions would take effect after a transition period ending December 1, 2028. Test Labs in non-Reciprocal Economies would remain recognized during the transition period, but those recognitions would terminate on that date. Equipment authorization applications received on or after December 1, 2028 would need to rely on testing compliant with the new rules, while certifications granted before then would remain valid. The FCC would direct the Office of Engineering and Technology to issue implementation guidance and maintain a list of Reciprocal Economies.
  
  
• Ownership-based ban not adopted. The R&O declines, for now, to bar entities owned by, controlled by, or subject to the jurisdiction or direction of a non-Reciprocal Economy, finding that its concerns are most closely tied to physical jurisdiction and that such a requirement would not sufficiently address the issue of geographic concentration of Test Labs.

FNPRM: Key proposals

In addition to the R&O, which is subject to adoption at the open meeting, the FNPRM seeks comment on additional proposals aimed at strengthening program integrity, including:

• Legal Entity Identifiers (LEIs). Requiring LEIs, a globally recognized identifier, for Test Labs, TCBs, and laboratory accreditation bodies, which the FCC tentatively concludes would impose negligible costs while creating significant benefits related to ownership verification.
  
  
• Ownership-based restrictions. Extending the prohibition on recognition to entities owned or controlled by non-Reciprocal Economies and addressing common ownership of TCBs and Test Labs.
  
  
• SDoC testing. Requiring equipment authorized through the FCC’s SDoC process to be tested by recognized or accredited labs. While such testing cannot currently be performed at a facility that is owned or controlled by or under the direction of a prohibited entity under the Commission’s rules, there is no requirement for SDoC testing to be done at a recognized or accredited lab. A company with sufficient internal resources can conduct that testing itself. By requiring all SDoC testing to be done at a recognized or accredited lab, the proposed change could increase the cost and time required for companies to complete the process.
  
  
• Other integrity measures. Improving post-market surveillance, measures to increase testing within the US or Reciprocal Economies, and safeguards to protect intellectual property during testing.

Key takeaways for stakeholders

These rules, if adopted, could affect global supply chains for RF device testing. Manufacturers and importers that rely on Test Labs in non-Reciprocal Economies may wish to evaluate whether their current laboratories can comply with the rules ahead of the December 1, 2028, transition date and to identify alternative laboratories in the US or Reciprocal Economies.

Test Labs, TCBs, and accreditation bodies with global footprints may wish to review where their FCC-related work is performed to confirm it falls outside the “covered activity” restriction. Stakeholders may also wish to monitor the FNPRM, as an ownership-based restriction could further affect laboratory recognition, and changes to the SDoC process could raise the cost of bringing products to the US market.

Next steps

The FCC is scheduled to vote on the R&O and FNPRM at its October 29, 2026, open meeting, and the text may change before adoption. Comments on the FNPRM will be due 30 days after Federal Register publication, with reply comments due 60 days after publication.

For additional questions on how these obligations may apply to your business, or for assistance preparing for the December 1, 2028 transition or participating in the FNPRM comment process, please contact the authors.