Earlier this month on September 8, the Federal Communications Commission (FCC) announced that it was taking an initial set of actions to address threats posed by so-called “bad labs.” “Bad labs” consist of test labs that review and approve radio frequency emitting devices for use in the U.S. but are “ultimately owned or controlled by a foreign adversary nation.” This development stems from the FCC’s adoption of new rules earlier this year that prohibit the use of test labs or telecommunication certification bodies located in certain jurisdictions outside the U.S. As these rules are now in effect, the FCC is initiating proceedings to withdraw recognition from seven test labs that are apparently owned or controlled by the Chinese government. The FCC’s announcement also states that the recognition of four additional “bad labs” has expired and will not be renewed.
As part of the announcement, FCC Chairman Brendan Carr said that the FCC’s actions on “bad labs” will “safeguard critical supply chains from foreign adversary nations” and that this “is an important step in restoring trust in the [FCC’s] equipment authorization process, and combatting foreign adversary threats.”
The current rules do not address the status of FCC authorizations previously obtained through these “bad labs,” though it seems clear that any future modifications or updates to devices previously certified by a “bad lab” will require the services of an accredited test lab in the future.
These actions emphasize the focus by the FCC on national security, particularly with respect to the involvement of foreign interests on products made available in the U.S.