FCC to Ensure Integrity and Security in Electronic Device Testing

The Federal Communications Commission will vote on new rules to ensure integrity, security, and reciprocity in electronic device testing. The proposed rules, which will be voted on at the FCC’s next monthly meeting, follow on the FCC’s actions against “Bad Labs” and would prohibit the recognition of test labs and certification bodies in foreign countries that have not signed agreements to recognize American test labs and certification bodies. Before these proposed rules can be finalized, the FCC will also vote to adopt a streamlined approval process for devices tested in U.S. labs or labs in reciprocal countries. The NPRM proposes to prohibit recognition of all test labs and certification bodies in countries that lack either a Mutual Recognition Agreement (MRA) with the U.S. or other comparable reciprocal trade agreement.  These labs would be phased out over two years.  In the meantime, the Order the FCC will vote on this month would create a fast-track priority review process for devices tested in trusted test labs—namely those located in the United States or reciprocal international locations. The Order would also adopt a range of other measures to promote the integrity of the equipment authorization system: require the disclosure of the location and number of employees engaged in FCC-recognized testing, improve the FCC’s post-market surveillance procedures, strengthen enforcement mechanisms, and establish confidential reporting channels for industry participants to raise concerns about violations or national security threats.