Bad Labs 1.0 R&O
The FCC adopts rules barring untrusted or national-security-risk entities from participating in, or being relied upon for, the telecommunications equipment authorization program, while seeking comment on further safeguards.
What it does The Report and Order defines “prohibited entities” to include entities on the FCC Covered List; the BIS Entity List and Military End-User List; the DHS Uyghur Forced Labor Prevention Act Entity List; the FY2023 NDAA section 5949 semiconductor-company list; the DoD 1260H List; the Treasury NS-CMIC List; and entities identified as foreign adversaries by Commerce. The FCC will not recognize, and will prohibit reliance on, any telecommunications certification body (TCB), test lab, or laboratory accreditation body owned by, controlled by, or subject to the direction of a prohibited entity. It treats 10% or greater equity or voting interests as ownership, requires certifications and disclosures, and authorizes withdrawal of recognition for false, inaccurate, or missing information. The accompanying FNPRM seeks comment on broader prohibitions, U.S. or allied-country testing, and post-market surveillance.
Who it affects FCC-recognized TCBs, test labs, laboratory accreditation bodies, equipment-certification applicants, and entities using the Supplier’s Declaration of Conformity process are directly affected. The rule reaches participants regardless of location and covers listed entities including SMIC, CXMT, and YMTC, as well as entities tied to the People’s Republic of China or Nicolas Maduro under the applicable determinations.
Why it matters The decision extends national-security screening beyond the Covered List and embeds multiple federal supply-chain and export-control determinations into FCC equipment authorization. It also addresses a program in which approximately 75% of certified devices were tested in recognized laboratories located in China.
Key dates and numbers
- Adopted May 22, 2025; released May 27, 2025.
- Certification due within 30 days after the rules’ effective date; reporting of equity or voting interests of 5% or greater due within 90 days.
- 10% ownership threshold for prohibition; 30-day initial and 60-day reply comment periods for the FNPRM after Federal Register publication.