FCC Closes Sneaky Parts Loophole to Thwart Spy Gadgets in Phones
Published Date: 9/11/2026
Rule
Summary
In this document, the Federal Communications Commission (Commission or FCC) takes further steps to strengthen its equipment authorization program against national security risks to the communications supply chain. The Commission closes a component-part loophole by prohibiting authorization of devices that incorporate logic-bearing hardware components produced by an entity identified on the Commission's Covered List, where the device would itself be prohibited from authorization had the Covered List entity produced the entire device. The Commission also requires that any modification or permissive change to equipment by an entity identified on the Covered List undergo full certification, clarifies that its marketing rules reach any entity (including online marketplaces) that markets unauthorized equipment, and requires online marketplaces, subject to limited exceptions, to display a device's FCC ID at the online point of sale. Finally, the Commission amends its definition of "critical infrastructure," as used on the Covered List, and corrects two administrative errors in its rules.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 3 costs, 1 mixed.
Ban on Devices With Certain Components
The FCC prohibits equipment authorization for any device that includes a "logic-bearing hardware component" produced by an entity on the FCC Covered List when the finished device would itself be prohibited if produced by that Covered List entity. The rule uses a bright-line definition for such components (anything using digital techniques or timing pulses above 9,000 cycles per second) and applies prospectively to new equipment authorization applications effective October 13, 2026; pending applications are exempt unless amended.
Covered Entities Must Re-Certify Changes
Any entity listed on the FCC Covered List that seeks to make a permissive change to equipment must file a full certification (recertification) instead of using the permissive-change or Supplier's Declaration of Conformity (SDoC) processes. Limited waivers for Class I and Class II permissive changes for certain UAS equipment and covered routers remain in effect only through their stated terms and, in some cases, through January 1, 2029.
Online Marketplaces Must Show FCC ID
Online marketplaces that market certified radiofrequency devices must display a valid and accurate FCC ID at the online point of sale. Compliance dates are March 1, 2027 for marketplaces that have physical access to or take title to devices, and June 1, 2027 for marketplaces relying on third-party seller certifications; listings published before the rule’s effective date, low-volume third-party sellers, and used-device listings are excluded.
Marketing Liability Extended to Marketplaces
The FCC clarifies that the marketing prohibition covers the listing of regulated equipment on an online marketplace when combined with consignment, warehousing, inventory management, order processing, labeling, packaging, billing, or fulfillment services, and that any entity (including online marketplaces) that markets unauthorized devices may be held liable without a willfulness or knowledge requirement. Carriers that merely transport devices without trading in them remain outside this marketing scope.
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