Executive Summary

The FCC has expanded its national security review requirements to cover certain foreign-produced advanced robotic devices and power inverters. Manufacturers should consider three key questions:

• Who is impacted? Manufacturers, importers, and distributors of certain foreign-produced advanced robotic devices and power inverters.
• What changed? Certain covered products may now require a federal national security review before receiving FCC equipment authorization.
• What should companies do? Review affected products and supply chains, assess existing FCC authorizations, and begin preparing any necessary Conditional Approval petitions before the Jan. 1, 2028 filing deadline.

What Changed?

The FCC now requires a federal national security review for certain foreign-produced advanced robotic devices and power inverters. Before many of these products can receive an FCC equipment authorization, manufacturers may need to demonstrate to the Department of War (DoW) and/or the Department of Homeland Security (DHS) that their products do not present unacceptable national security risks.

The expanded requirement follows Executive Branch National Security Determinations concluding connected products could be exploited by foreign adversaries to disrupt critical infrastructure or access sensitive information.

For these purposes, a “foreign-produced” device generally refers to a product that does not qualify as a domestic end product under the applicable Buy American Act standard. As a result, the requirements may apply to products manufactured outside the United States, even if they are designed, owned, or sold by a U.S. or allied-country company.

For these purposes, a product is generally considered “foreign-produced” if it does not qualify as a domestic end product. In practical terms, a manufactured product generally must be manufactured in the United States and contain a sufficient percentage of U.S.-made components to qualify as domestic. The applicable domestic-content threshold is currently 65 percent, subject to certain exceptions.

Who Is Impacted?

The expanded requirements may affect manufacturers, importers, distributors, and integrators of:

• Advanced Robotic Devices: Including AGVs, AMRs, robotic lawn equipment, humanoid robots, quadruped robots, and certain connected industrial robotic platforms.
• Power Inverters: Residential, commercial, and utility-scale power inverters.

Companies with global manufacturing operations, offshore assembly, or international supply chains should evaluate whether existing or future products could be subject to these expanded requirements.

What If My Product Is Already FCC Authorized?

The Public Notice does not invalidate existing FCC equipment authorizations. Products that received FCC authorization before being added to the Covered List generally may continue to be marketed, imported, sold, and operated under those authorizations.

The primary impact on existing products relates to future software and firmware updates. The FCC has issued a temporary waiver allowing many previously authorized covered products to continue receiving certain remote software, firmware, security, and maintenance updates through at least Jan. 1, 2029.

Manufacturers should nevertheless review future product updates, successor models, and new equipment authorization applications, which may require a national security review or a Conditional Approval petition.

Key Takeaways for Manufacturers

• Review Affected Products: Determine whether existing or planned products fall within the new Covered List categories.
• Evaluate Your Supply Chain: Assess manufacturing and assembly locations, component sourcing, and other production activities relevant to determining whether products are “foreign-produced” under the applicable National Security Determination.
• Prepare for the National Security Review: Begin assembling the technical, cybersecurity, manufacturing, and corporate information likely to support a Conditional Approval petition.

Key Compliance Dates

• Covered List Effective: July 28, 2026 – The FCC added foreign-produced advanced robotic devices and power inverters to the Covered List.
• Conditional Approval Petition Deadline: Jan. 1, 2028 – Manufacturers seeking future FCC equipment authorizations for covered products should submit any required Conditional Approval petitions by this date.
• Temporary Waiver Expires: Jan. 1, 2029 – The FCC’s temporary waiver allowing many previously authorized covered products to continue receiving certain remote software, firmware, security, and maintenance updates is scheduled to expire unless extended.

How Taft Can Help

The expanded requirements bring together communications law, national security, international trade, cybersecurity, and supply chain compliance. Taft’s multidisciplinary Telecommunications, Government Affairs, International Trade, and Supply Chain teams can assist with:

• Product and Compliance Assessments: Determining whether products are covered, evaluating existing FCC equipment authorizations, and assessing manufacturing footprints, supply chains, and domestic end product status.
• Conditional Approval Strategy: Developing a compliance strategy, preparing Conditional Approval petitions, and coordinating submissions to the FCC, the Department of War, and the Department of Homeland Security.
• Regulatory and Business Planning: Advising on future product launches, product modifications, sourcing strategies, and long-term regulatory compliance to maintain access to the U.S. market.

As the FCC continues expanding its national security review of connected technologies, companies that begin planning now will be better positioned to maintain uninterrupted access to the U.S. market.