FCC Adds Foreign-Produced Advanced Robotic Devices and Power Inverters to Covered List, Opens Conditional Approval Process

The Federal Communications Commission’s Public Safety and Homeland Security Bureau recently added (1) foreign-produced power inverters and (2) foreign-produced advanced robotic devices to the categories of equipment on the FCC’s Covered List.

On July 28, 2026, the Federal Communications Commission’s (FCC or Commission) Public Safety and Homeland Security Bureau added two new categories of equipment to the FCC’s Covered List: foreign-produced power inverters and foreign-produced advanced robotic devices.[1] The additions implement National Security Determinations issued on July 27 by a White House–convened Executive Branch interagency body with national security expertise.[2]

The action is significant not only because it reaches two rapidly expanding technology sectors, but also because the restrictions turn on the products’ place and circumstances of production rather than the identity or nationality of a particular manufacturer. The new entries are not limited to products made in China, by Chinese companies, or in another designated foreign-adversary country. US-headquartered and other multinational companies may be affected when their products do not qualify as “domestic end products” under the Buy American standard incorporated into the National Security Determinations. We previously covered the FCC’s addition of foreign-made consumer routers as well as the FCC’s exemption of certain drone and components.

The Executive Branch also released separate guidance describing the Conditional Approval process for each product category.[3] The guidance requires applicants to submit extensive ownership, bill-of-materials, supply-chain, software and firmware, and US manufacturing information (or plan) by January 1, 2028. On the same day as the Covered List additions, the FCC’s Office of Engineering and Technology (OET) issued a limited waiver permitting specified software and firmware updates to previously authorized covered devices through at least January 1, 2029.[4]

Manufacturers, importers, distributors, retailers, equipment authorization grantees, energy developers, robotics companies, and other businesses that deploy or rely on these products should promptly assess the effects on product pipelines, manufacturing strategies, pending equipment authorization work, existing inventories, and contractual arrangements.

Key Takeaways

• New covered models generally cannot receive FCC equipment authorization: The new entries are based on place of production rather than entity identity and therefore do not by themselves trigger separate FCC rules and programs applicable specifically to entities identified on the Covered List. Where equipment authorization is required, a new foreign-produced power inverter or advanced robotic device generally cannot be imported, marketed, or sold in the United States unless it receives Conditional Approval or otherwise falls outside the applicable definition.
• Previously authorized models remain available, subject to a limited update waiver: The FCC states that models previously approved through the equipment authorization process may continue to be imported, marketed, sold, and used. OET also waived certain restrictions on qualifying Class I and Class II software and firmware updates for those models through at least January 1, 2029.
• The technical definitions are broad but element-specific: The inverter definition requires both bidirectional DC/AC power-conversion functionality and remote connectivity. The robotics definition requires ground mobility, remote or sensor-based operation, a combined weight exceeding 4.4 pounds, environmental sensing, network connectivity of at least 200 kilobits per second, and specified locally or remotely running software.
• Conditional Approval is document-intensive and tied to US onshoring: Power inverter producers may seek approval from the Department of War (DoW) or Department of Homeland Security (DHS); advanced robotic device producers may seek approval from DoW. Applications are due by January 1, 2028, and must address corporate ownership, product and supply-chain provenance, and a detailed, time-bound US manufacturing plan. Applicants, however, should account for agency review timing in product launch and authorization planning.

BACKGROUND

The Secure and Trusted Communications Networks Act of 2019 requires the FCC to maintain a list of communications equipment and services determined to pose an unacceptable risk to US national security or the safety and security of US persons. The FCC may not add equipment to the Covered List on its own initiative; it acts based on a qualifying determination by Congress, an appropriate national security agency, or an Executive Branch interagency body with appropriate national security expertise.[5]

For power inverters, the interagency body identified risks arising from the concentration of the inverter supply chain outside the United States and the increasing remote connectivity of inverter-based resources. It concluded that connected inverters could potentially be remotely disabled, used to collect or exfiltrate data, facilitate unauthorized access or surveillance, or be exploited through cyberattacks. At scale, these vulnerabilities could disrupt critical infrastructure and US economic security.

For advanced robotic devices, the interagency body focused on the convergence of network connectivity, high-fidelity sensors, AI, and physical mobility. It identified risks including manipulation of collected data or physical operations, surveillance of US persons or sensitive locations, enhancement of foreign intelligence capabilities, and unauthorized remote access or commandeering of a robot.

Based on those findings, the Covered List now includes foreign-produced power inverters unless granted Conditional Approval by DoW or DHS, and foreign-produced advanced robotic devices unless granted Conditional Approval by DoW.

SCOPE OF THE NEW COVERED LIST ENTRIES

Meaning of ‘Foreign-Produced’

For both entries, “foreign-produced” means an article that would not qualify as a “domestic end product” under the Buy American standard in 48 CFR § 25.101(a).

For most manufactured products that do not consist wholly or predominantly of iron or steel, the current Federal Acquisition Regulation test generally requires US manufacture and domestic component costs to exceed 65% of total component costs for items delivered during calendar years 2024 through 2028. Components of unknown origin are generally treated as foreign. The domestic-content test is generally waived for commercially available off-the-shelf (COTS) items, although US manufacture remains relevant, and separate rules apply to products consisting predominantly of iron or steel.

The incorporation of this standard has several practical consequences: (1) manufacturer nationality is not determinative, as a product made outside the United States by a US company may be foreign-produced; (2) US final assembly may not, standing alone, be sufficient for a non-COTS product with substantial foreign content; (3) the analysis is not necessarily the same as a customs country-of-origin, substantial-transformation, tariff, or marking analysis; (4) companies may need component-cost, manufacturing-location, and product-specific records that have not traditionally been collected for FCC authorization purposes.

Foreign-Produced Power Inverters

The National Security Determination defines a “power inverter” through a two-part test. A device or system must satisfy both elements:

• It is a bidirectional power device or system that converts direct-current electricity to alternating-current electricity, or alternating-current electricity to direct-current electricity, including
  • microinverters;
  • string inverters;
  • central inverters; and
  • hybrid or battery-based inverters; and
• It contains components enabling remote communication, control, sensing, data collection, or monitoring through Wi-Fi, cellular, Bluetooth, or another similar connection.

The definition therefore targets connected power-conversion equipment rather than every device commonly described as an “inverter.” Although the supporting determination focuses substantially on solar generation, inverter-based grid resources, and electricity infrastructure, the operative definition is not expressly limited to photovoltaic installations. Depending on technical configuration, connected inverters used with battery-energy-storage systems, distributed-energy resources, microgrids, and other power-conversion systems may also fall within the entry.

The listing does not separately place every inverter component on the Covered List. Component origin nevertheless may determine whether the finished inverter qualifies as a domestic end product, and individual components may be subject to other FCC restrictions independently of this action.

Foreign-Produced Advanced Robotic Devices

An “advanced robotic device” is a mechanical mobile device—including an autonomous mobile robot, humanoid robot, or quadruped—that satisfies all of the following conditions:

• It is capable of locomotion, obstacle avoidance, navigation, or other movement on the ground.
• It operates at a distance from a human operator or supervisor based on commands, sensor data, or a combination of both.
• The combined weight of the device and, if applicable, its ground station or docking station exceeds 4.4 pounds.
• It contains each of the following:
  • A sensor capable of perceiving its environment
  • A wired or wireless network-connectivity component—including Bluetooth, Wi-Fi, cellular, or satellite connectivity—with connection speeds of at least 200 kilobits per second in either direction
  • Software running locally or remotely, including firmware and AI or machine-learning model weights, that controls the robot’s autonomous navigation or movement, perception, data collection, or remote command-and-control functions

The definition may reach more than humanoid or quadruped robots. Depending on a product’s specifications, it may encompass autonomous mobile robots and other wheeled or tracked systems used in logistics, security, inspection, commercial services, manufacturing, or home environments (such as vacuum robots and robot lawn mowers, among many other devices). The definition also expressly contemplates software and AI models running remotely, so reliance on cloud-based control or perception functions does not necessarily place a robot outside the prohibition.

The determination expressly excludes the following:

• A “connected vehicle,” as defined in the Commerce Department’s connected-vehicle regulations, regardless of gross vehicle weight
• A vehicle operated only on a rail line
• An uncrewed aircraft or uncrewed aircraft system
• An unmanned underwater vehicle capable of operating without a human occupant
• Certain devices regulated under Section 513 of the Federal Food, Drug, and Cosmetic Act, including medical and surgical robotic systems, external limb prostheses and their components, and specified ambulatory and mobility-assistive devices
• Fixed, stationary, non-mobile robots—including articulated, parallel or delta, Cartesian or gantry, and Selective Compliance Assembly Robot Arm (SCARA) robots—intended for industrial or medical use.

The exclusion for fixed industrial robots is important, as traditional stationary manufacturing arms generally fall outside this definition, while mobile manufacturing, warehouse, inspection, or material-handling robots may require a separate analysis.

EQUIPMENT AUTHORIZATION AND US MARKET-ACCESS CONSEQUENCES

Under Section 2.903(a) of the FCC’s rules, equipment on the Covered List is prohibited from receiving an FCC equipment authorization. Each equipment authorization application also must certify that the equipment is not prohibited from authorization as covered equipment.[6] The practical effect of the new Covered Listings, therefore, is that a new (not previously authorized) foreign-produced power inverter or advanced robotic-device model falling within the applicable definition generally may not obtain the FCC authorization necessary for US importation, marketing, or sale unless it receives Conditional Approval or does not otherwise require authorization under the FCC’s rules.

The FCC’s accompanying Fact Sheet confirms that the action does not prohibit continued importation, marketing, sale, or use of models previously approved through the equipment authorization process. It also does not affect devices previously acquired by consumers or, according to the FCC, federal government purchases or use. Separate federal procurement and supply-chain requirements may nevertheless continue to apply, and companies should review their contracts to determine whether any contract-specific prohibitions on the use of Covered List equipment might be triggered as a consequence of the FCC’s action here.[7]

Companies should verify grandfathered status at the specific model and FCC ID level. A product that was commercially developed, manufactured, or placed in inventory before July 28, but that did not receive the applicable FCC authorization before the Covered List update, should not be assumed to qualify as a previously authorized model.

LIMITED WAIVER FOR UPDATES TO PREVIOUSLY AUTHORIZED MODELS

OET granted a limited waiver allowing covered power inverters and advanced robotic devices authorized before July 28, 2026 to continue receiving qualifying Class I and Class II software and firmware updates through at least January 1, 2029. The waiver covers updates that mitigate consumer harm or preserve device functionality, including vulnerability patches and operating-system compatibility updates. It does not authorize new models or remove devices from the Covered List, and grantees remain subject to other applicable FCC requirements.[8]

The waiver and Conditional Approval process (discussed below) serve different functions. The waiver preserves a limited ability to update already-authorized products; Conditional Approval can exempt an approved device or class of devices from the Covered List entry and permit continued access to the equipment authorization process.

CONDITIONAL APPROVAL

The Executive Branch established separate processes through which producers may request a determination that a particular device or class of devices does not present the unacceptable risks identified in the relevant National Security Determination. For power inverters, DoW or DHS may issue Conditional Approval. For advanced robotic devices, DoW alone may issue Conditional Approval. If the FCC receives a qualifying determination, it will update the Covered List to reflect the exemption.

The guidance frames Conditional Approval as a transition mechanism that can allow approved producers to continue receiving FCC authorization while they work to onshore manufacturing and address the US government’s national security concerns. A class approval may extend beyond a single model and may, for example, cover devices produced by a specified entity, depending on the agency’s determination.

Submission Process, Deadline, and Certification

Applicants must submit a machine-readable PDF to conditional-approvals@fcc.gov no later than January 1, 2028. The submission must include a certification by an authorized corporate officer that the information is complete and accurate and that any material change will be disclosed promptly.

Failure to provide all requested information may delay review or result in denial. Submission does not guarantee approval or suspend the Covered List restriction, and DoW or DHS may request additional information. The guidance states that agency decisions are final and may be adjusted only at the issuing agency’s discretion. An applicant that knowingly violates the terms of Conditional Approval or materially misrepresents information to the US government will have an approval terminated, if granted, and will be precluded from applying again. Because the Conditional Approval guidance does not establish a review timeline, prospective applicants should therefore build agency-review time into product launch, equipment authorization, manufacturing, and inventory planning.

Information Required in a Conditional Approval Application

The robotics and inverter guidance documents request materially parallel information in three principal categories:

• Corporate structure: Applicants must provide their legal name, jurisdictions of incorporation, and principal place of business; a complete ownership structure covering parents, subsidiaries, affiliates, and joint ventures; beneficial owners holding at least 5% equity; board members and executive leadership, including nationality and country of residence; and any foreign government ownership, control, influence, financing, or material support, including arrangements that permit foreign persons or governments to influence operations, decision-making, or access to technology.
• Manufacturing and supply-chain disclosure: Applicants must provide a detailed bill of materials; the country of origin of all components and of the product design; the entities responsible for intellectual property ownership and software updates; an explanation of why the product is not currently manufactured in the United States, why foreign sources were selected, and whether alternatives exist; manufacturing, final assembly, and testing locations; the origin of onboard software and firmware; supply-chain concentration by country, measured by both total value and production volume; and single points of failure, including sole-source suppliers and contingency plans.
• US manufacturing and onshoring plan: Applicants must submit a detailed, time-bound plan to establish or expand US manufacturing for the product; identify a dedicated individual or office responsible for implementation and quarterly status reporting to the approving agency; describe existing US manufacturing and assembly, including the percentage of components assembled domestically, current headcount, and facilities; and describe committed and planned capital expenditures, financing, and other investments over the next one to five years, including expected hiring, facility expansion in square feet, planned investment amounts, timelines, and milestones.

Applicants seeking an extension of an existing Conditional Approval, or that hold another Conditional Approval, must also provide an inventory of progress made against the US manufacturing and onshoring plans submitted in connection with prior approvals.

BROADER POLICY SIGNAL: THE COVERED LIST AS A PREFERRED AND CATEGORY-BASED SUPPLY-CHAIN TOOL

The Covered List initially focused largely on equipment and services associated with specifically named companies. More recent actions reflect a preference for, and materially different approach to, addressing national security risks associated with information and communications technology and services (ICTS) supply chains: entire product categories may be restricted based on where and how they are produced, without a finding directed at an individual manufacturer. Unlike many other national security regulatory regimes, the new entries do not turn on whether a product has a nexus to China, another foreign-adversary country, or an entity on a restricted-party list.

The FCC has now applied this model to: (1) foreign-produced uncrewed aircraft systems and critical components; (2) consumer-grade routers; (3) connected power inverters; and (4) advanced robotic devices. In practical effect, the Covered List is increasingly functioning as a category-based market-access mechanism that links FCC equipment authorization to supply-chain provenance and domestic manufacturing policy.

The incorporated Buy American standard makes component content and manufacturing location central to FCC eligibility, while the Conditional Approval guidance adds an express expectation of time-bound US onshoring. The simultaneous addition of power inverters and advanced robotic devices also demonstrates how the FCC’s national security role is extending beyond traditional telecommunications equipment and into the broad universe of ICTS-related technologies and equipment. These products are covered because their communications, sensing, software, remote-control, and, in the case of robotics, physical-operation capabilities create potential vectors for data access, cyber intrusion, operational disruption, and physical manipulation.

This action reinforces the policy direction identified in our prior LawFlash concerning foreign-produced routers: the Executive Branch is increasingly using the FCC Covered List process as a rapid, industry-wide mechanism to address perceived supply-chain and cybersecurity risks affecting connected technologies.

NEXT STEPS

Companies that manufacture, import, distribute, market, install, finance, deploy, support, or rely on potentially covered products should consider the following:

• Conduct a model-level inventory: Identify potentially affected products, FCC IDs, authorization holders, authorization dates and status, manufacturing locations, intended applications, software and firmware dependencies, and planned US launch dates.
• Apply the technical definitions carefully: For robotic devices, document mobility, operating mode, combined weight, sensors, network capabilities, connection speeds, and local or remote software functions. For inverters, confirm both the bidirectional power-conversion and remote-connectivity elements.
• Evaluate exclusions and product boundaries: Determine whether a robotic device is a connected vehicle, rail-only vehicle, UAS, underwater vehicle, specified FDA-regulated device, mobility-assistive device, or fixed industrial or medical robot. Consider whether a product marketed under another label nevertheless satisfies the substantive definition.
• Perform a domestic-end-product analysis: Collect manufacturing, bill-of-materials, component-cost, and origin information necessary to apply the Buy American test. Do not rely exclusively on customs origin, country-of-assembly labels, or manufacturer nationality.
• Review pending authorization work and planned changes: Assess applications pending before Telecommunications Certification Bodies, planned applications, modular-transmitter strategies, derivative models, white-label products, products sold under multiple brand names, and whether planned modifications fall within the limited waiver or require a new authorization.
• Prepare a Conditional Approval dossier early: Applicants should begin compiling the required corporate, beneficial ownership, foreign-government influence, bill-of-materials, software and firmware provenance, supply-chain concentration, sole-source, contingency, and manufacturing information well before the January 1, 2028 deadline.
• Develop a credible US onshoring plan: Identify accountable personnel, quarterly reporting processes, existing US operations, one-to-five-year capital commitments, hiring targets, facility expansion, milestones, and measurable progress. Companies with prior approvals should inventory performance against earlier commitments.
• Review commercial agreements: Manufacturers, original equipment manufacturers (OEMs), importers, distributors, retailers, energy developers, integrators, and customers should examine representations concerning FCC authorization, product and component origin, Covered List status, changes to manufacturing or software, cooperation on Conditional Approval applications, inventory risk, termination rights, and indemnification.
• Monitor implementation and approval decisions: Companies should watch for FCC staff guidance to Telecommunications Certification Bodies, test laboratories, and applicants; published Conditional Approvals and their terms; further waivers; and clarification regarding product families, model changes, integrated systems, application review, and renewal or extension procedures.

LOOKING AHEAD

The July 28 action represents a substantial expansion of the FCC’s role in regulating supply chains for emerging technologies and critical infrastructure. The breadth of the two product categories, the globally applicable domestic-end-product test, and the integration of cybersecurity, remote access, physical-operation, and US manufacturing concerns will likely generate interpretive and implementation questions. The Conditional Approval guidance makes clear that market-access relief will be evaluated through a national security and industrial-base lens.

Ownership and foreign-government influence, component and software provenance, supply-chain concentration, contingency planning, and concrete US investment commitments are central to the application. The January 1, 2028 submission deadline and absence of a stated review timeline make early preparation important for companies that expect to rely on the Conditional Approval.

The immediate priority is determining whether particular products fall within the definitions, whether they already hold valid FCC authorizations, and whether planned updates qualify for the OET waiver. Over the longer term, companies should expect manufacturing location, component provenance, software control, cybersecurity architecture, supply-chain resilience, and US onshoring plans to play an increasingly important role in FCC market-access strategy. Among other issues, companies will also need clarity regarding the application of Buy American COTS rules in the FCC context, treatment of integrated systems and product families, the scope and duration of class approvals, changes to approved devices, white-label arrangements, remotely hosted robotic software, protection of commercially sensitive submissions, and the standards for extending or modifying Conditional Approval.

The latest additions also make further category-based action more plausible. Companies developing other connected products with sensing, communications, remote-control, or critical-infrastructure functions should monitor the Covered List process even if neither they nor their suppliers are currently associated with a named Covered List entity.

HOW WE CAN HELP

Our lawyers have national security experience and advise technology, robotics, energy, telecommunications, and equipment manufacturers on FCC equipment authorization, Covered List restrictions, supply-chain regulation, Conditional Approval strategy and submissions, cybersecurity and remote-access controls, product-origin analysis, US manufacturing and mitigation plans, contractual risk allocation, and engagement with the FCC and national security agencies.