FCC equipment authorization rules are changing: how manufacturers should prepare

The FCC has taken a significant step towards changing where testing for the US equipment authorization program can be performed. For manufacturers selling wireless and connected products into the United States, the message is clear: there is time to prepare, but now is the time to start planning.

On October 29, the Federal Communications Commission approved its Third Report and Order concerning the integrity and security of Telecommunications Certification Bodies, measurement facilities and the Equipment Authorization Program.

The new framework limits FCC-recognized testing to laboratories located in the United States or Reciprocal Economies, meaning economies where an appropriate mutual recognition agreement or comparable reciprocal trade arrangement exists with the US. The restrictions also apply to substantive FCC testing activities performed from within non-Reciprocal Economies.

This represents a significant change to the global testing landscape.

 

Why has the FCC made this change?

The FCC's decision is about far more than test laboratory accreditation. It reflects growing concerns around regulatory oversight, accountability, national security, supply-chain resilience and reciprocity within the equipment authorization system.

One of the most striking figures in the FCC document is the concentration of testing. The FCC reports that in 2025 more than 82% of FCC equipment authorization applications were tested in the People's Republic of China, compared with roughly 13% in 2007. Over the same period, the US share fell from around 31% to less than 4%.

The FCC's concern is that such concentration creates a potential single point of failure in the equipment authorization ecosystem, while making oversight more difficult where no reciprocal government-to-government framework exists.

 

What will actually change?

FCC-recognized Test Labs in non-Reciprocal Economies will be able to continue recognized activity during the transition period. However, from December 1, 2028, applications for equipment authorization will need to rely on applicable testing and certification (by a TCB) activities performed in the United States or a Reciprocal Economy. Existing equipment grants are not automatically invalidated, and applications received before the transition date may proceed under the previous framework.

Importantly, the restriction is directed at the substantive activity used for FCC certification. Manufacturers can continue to undertake research and development, debugging and pre-compliance testing elsewhere, provided this work is not represented as FCC-recognized testing or relied upon for the certification application.

The FCC has deliberately provided approximately two years for industry to adapt.

That may sound like a long time. In practice, it may not be.

 

Why manufacturers should start planning now

Testing capacity cannot move overnight.

The FCC itself recognizes that laboratories in the United States and Reciprocal Economies will need time to hire and train engineers, expand facilities and absorb redirected demand. Manufacturers meanwhile may need to qualify alternative laboratories, reconsider established certification pathways and potentially move testing away from facilities they have used for many years.

For manufacturers currently relying heavily on testing in non-Reciprocal Economies, waiting until 2028 could therefore create capacity, scheduling and time-to-market risks.

The sensible response is not panic. It is preparation.

Manufacturers should begin understanding:

• where their FCC testing is currently performed
• whether those laboratories will remain eligible after the transition
• which US or Reciprocal Economy facilities can support their technologies
• whether sufficient capacity exists for complex programs covering RF, electromagnetic compatibility, radio-frequency exposure (SAR), hearing-aid compatibility (HAC), product safety, cybersecurity and other requirements
• how future product-development and certification programs should be structured to minimize disruption.

The FCC document itself anticipates that manufacturers will redistribute testing across the US and other Reciprocal Economies according to factors including cost, capacity, proximity, turnaround time, expertise and existing commercial relationships.

 

Element is ready to help

For manufacturers, this is ultimately a transition in where and how FCC compliance programs are delivered.

Element's role is to help customers understand what the changes mean for their specific products and develop a practical route forward.

With testing capabilities across the United States and in reciprocal economies such as, Canada, United Kingdom, Germany, Korea, Element can help manufacturers review existing test strategies, identify appropriate alternative locations and build a transition plan that supports both US authorization and wider international market access.

Our advice is simple: Don't wait until the deadline to find out whether capacity is available. Start planning the transition now.

As the detailed implementation requirements develop, Element will continue to monitor the FCC's guidance and help manufacturers understand what it means for their products, testing strategies and routes to market.

If you are currently conducting FCC testing in a potentially affected location, speak with Element about reviewing your testing and certification pathway, confirm which activities may need to move and identify suitable testing capacity before demand increases.