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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules A. Equipment Authorization Rules and Procedures In this Notice, the Commission proposes revisions to the Commissions equipment authorization rules and processes to prohibit authorization of any covered equipment on the Covered List. This prohibition would apply to covered equipment on the Covered List maintained and updated by PSHSB. The Commission also seeks comment on whether its rules concerning equipment currently exempted from the equipment authorization requirement should be revised to ensure that any covered equipment cannot qualify for such exemption. In addition, it seeks comment on whether it should revoke any of the authorizations that have been previously granted for covered equipment on the Covered List, and if so, which ones and through what procedures. Finally, it seeks comment on new certifications for applicants that wish to participate in Commission auctions that would further address the risks posed by companies that the Commission has designated as posing a national security threat to the integrity of communications networks and the communications supply chain.

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1. Equipment Authorization Rules Under Part 2
a. General Provisions of Subpart J
The Commissions equipment authorization rules and procedures, set forth in 47 CFR part 2, include requirements and processes for equipment marketing, authorization, and importation. The Commission proposes to adopt a new provision, 47
CFR 2.903, as part of the General Provisions of subpart J, to provide general guidance regarding the prohibition on equipment authorizations with respect to communications equipment on the Covered List. In proposing this new rule section, the Commission seeks to establish a clear prohibition on authorization of any covered equipment in the Commissions equipment authorization processes regardless of the process to which that equipment is subject. The Commission seeks comment on this proposed rule. Is this rule sufficient to prohibit any such equipment on the Covered List from being authorized for use in the United States? What modifications or clarifications are needed to this proposed language to ensure that the rule is clear as to its scope and effect and attains results commensurate with its purpose to protect national security?
Are there additional provisions that
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should be included here to more fully capture the scope of the Commissions proposed prohibition?
If the Commission were to adopt this proposal to revise the Commissions subpart J equipment authorization rules to prohibit any further authorization of covered equipment through the certification or SDoC processes, this decision would also serve to prohibit the marketing of such equipment that would now be prohibited from authorization under subpart I of the Commissions part 2 rules Marketing of Radio-Frequency Devices and importation of equipment under subpart K Importation of Devices Capable of Causing Harmful Interference of the Commissions part 2 rules. Section 2.803b of subpart I only permits persons to import or market RF devices that are subject to authorization under either the certification or SDoC process, as set forth in the Commissions subpart J rules, once those devices have been authorized, unless an exception applies.
Similarly, the Commissions proposed revisions in subpart J also would serve to prohibit importing or marketing of covered equipment if it is subject to authorization through either the certification or SDoC process in subpart J and has not been authorized, per sections 2.1201a and 2.1204a. The Commission seeks comment on the need to revise or provide clarification with regard to how the Commissions proposed prohibition of authorization of covered equipment affects the implementation of the Commissions rules in either subpart I or subpart K.
Would the general prohibition the Commission proposes for equipment subject to certification and SDoC make any changes to subparts I or K
unnecessary? If not, what changes are needed to the Commission rules in those subparts?
The Commission seeks comment on other revisions that it should make regarding equipment authorization either through the certification or SDoC
rules and procedures. The Commission discusses and seeks comment on how the proposed rule should be implemented with respect to each of these processes, and whether other rule revisions or clarifications are appropriate. While the vast majority of RF devices are subject to either certification or an SDoC under the rules in subpart J, there is a limited category of devices that are exempt from these authorization processes. The Commission also seeks comment on how best to address this equipment.

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b. Certification Rules Background. As described in brief above, under the Commissions equipment authorization rules, certain radiofrequency devices that have the greatest potential to cause harmful interference to radio services, must be processed through the equipment certification procedures. Certification generally is required for equipment that consists of radio transmitters as well as some unintentional radiators. Examples of equipment that requires certification include mobile phones, wireless provider base stations, point-to-point and point-to-multipoint microwave stations, land mobile, maritime and aviation radios, remote control transmitters, wireless medical telemetry transmitters, Wi-Fi access points and routers, home cable set-top boxes with Wi-Fi, and most wireless consumer equipment e.g., tablets, smartwatches and smart home automation devices.
Applicants are required to file with an FCC-recognized Telecommunication Certification Body TCB applications containing specified information. See 47
CFR 2.907 Certification, 2.911926
Applications, 2.960964
Telecommunication Certification Bodies, 2.10311060 Certification.
Each applicant is required to provide the TCB with all pertinent information as required by the Commissions rules.
See, e.g., 47 CFR 2.911d, 2.1033a.
These requirements generally specify the information necessary to document compliance with the testing requirements that broadly apply to RF
devices used under authority of the Commission, including devices used under licensed radio services and devices used on an unlicensed basis.
Additional application information is required to demonstrate compliance with specific technical requirements in particular service rules e.g., that antennas on certain unlicensed part 15
devices are not detachable 47 CFR
15.203 or that certain part 90 private land mobile transmitters meet required efficiency standards 47 CFR 90.203j or other broadly applicable policyrelated Commission requirements e.g., compliance with the Anti-Drug Abuse Act 47 CFR 1.2002; 2.911d2. By signing the application for equipment authorization FCC Form 731, each applicant attests that the information provided in all statements and exhibits pertaining to that particular equipment are true and correct. The TCB then makes a determination as to whether to grant an equipment certification based on evaluation of the submitted documentation and test data. The Commission, through OET, oversees the
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