New FCC test lab rules will stop the agency recognising labs in countries that give no reciprocal recognition to US labs, a shift away from a system in which most FCC device testing now takes place in China. The Federal Communications Commission adopted the order, FCC 26-73, on 29 October. A transition runs until 1 December 2028.
Radio devices that need FCC certification must be tested by an FCC-recognised lab before they can be marketed or imported in the US. In its news release, the FCC said that from 1 December 2028, “all testing, certifying, and accreditation activities will occur in the U.S. or a Reciprocal Economy”. Chairman Brendan Carr and Commissioners Gomez and Trusty approved the order, according to the release, and the FCC announced it on X.
In brief
- The FCC will only recognise test labs, certification bodies and accreditation bodies in the US or in 62 reciprocal economies, after a transition ending 1 December 2028.
- Devices approved before that date stay certified and need no retesting, and applications received before it are unaffected.
- The FCC cites security and false test results. It is also asking for comment on more measures, including Legal Entity Identifiers.
What the FCC test lab rules change
The order covers three groups: the test labs that measure a device’s radio emissions, the Telecommunication Certification Bodies (TCBs) that grant certification, and the accreditation bodies that vouch for labs. After the transition date, none of them can carry out FCC-recognised work from a non-reciprocal economy.
A reciprocal economy is one with which the US has a mutual recognition agreement (MRA) or a similar government-to-government deal on equipment approval, such as a Free Trade Agreement or an Agreement on Reciprocal Trade. Appendix D of the order lists 62 of them, including the UK, EU member states, Japan, South Korea, Taiwan, Hong Kong and Vietnam. China and India are not on it. The FCC’s Office of Engineering and Technology will keep the list under review and can add or remove economies.
The change only looks forward. The order says it “will not disturb equipment authorizations granted or applications received before that date”, and devices already certified “will remain fully certified” without retesting. Until then, labs in non-reciprocal economies can still be recognised, but only until 1 December 2028. Design, debugging and other pre-compliance testing can still happen anywhere, and the FCC declined to create a general waiver process.
Why the FCC says it acted
The order says the US share of testing fell to less than 4% by 2025, while China’s share rose from about 13% in 2007 to more than 82%. It argues that this concentration is a weak point: a political dispute, cyber incident or disaster in one country could hold up a large share of new device approvals.
The FCC also cites security and fraud. Labs see devices and confidential design data before launch, and the order quotes the Department of Justice warning about industrial espionage and “technical data manipulation”. In recent months, the order says, the FCC found “four instances of Test Labs in non-Reciprocal Economies that have willfully provided incorrect or false test results”. The release says the agency has withdrawn recognition from two of those labs, which had “copied-and-pasted test results”, and started the process for two more.
In his statement, Carr called the labs “a critical gateway into American communications infrastructure”. The rules build on the FCC’s earlier “Bad Labs” rules against labs owned or controlled by foreign adversaries. They also follow other FCC action on foreign equipment: it has blocked devices with Huawei HiSilicon chips and granted Intel a waiver under its foreign robot ban.
Why the FCC test lab rules will reshape where devices are tested
The numbers explain the scale of the shift. If more than four in five FCC tests last year took place in China, many device makers selling into the US will need new labs within two years. Covington & Burling lawyers wrote that the rules are “expected to significantly narrow” the labs the FCC recognises. The order itself acknowledges “some initial increase in costs for certain producers”, and the PRC Chamber predicted in the record that testing costs would rise two to three times.
The likely winners are not only US labs. Hong Kong, Taiwan, Vietnam, South Korea and Japan all qualify, so much of the work could move within Asia, close to where devices are made. That makes the rule as much a trade measure as a security one: Carr’s statement links it to “President Trump’s broader efforts to restore balance and fairness” in trade. Because the list depends on trade agreements, it could grow as Washington signs more reciprocal trade deals, or shrink if the FCC decides a partner is not treating US labs fairly.
There are open questions. Capacity outside China has to grow fast, and the FCC says it will track whether manufacturers can get timely access to labs during the transition. Firms already redesigning products for US rules, such as TP-Link with its US assembly proposal, now face another variable. And the 24-month window is shorter than the three to five years that several commenters, including the tech trade group ITI, requested.
What comes next
Alongside the rules, the FCC is seeking comment on further steps. These include requiring Legal Entity Identifiers for labs and certification bodies, possibly barring labs owned or controlled from non-reciprocal economies, expanding the sources used to identify prohibited entities, and modernising its Equipment Authorization System. Comments will be due 30 days after the order appears in the Federal Register. The FCC’s busy October also included a proposal for more satellite-to-phone spectrum.
Sources
Primary:
- FCC, FCC 26-73, Third Report and Order and Third Further Notice of Proposed Rulemaking, ET Docket No. 24-136, adopted 29 October 2026, released 30 October 2026 (PDF)
- FCC news release DOC-426300A1, “FCC Proceeds on Device Test Lab Onshoring, Reciprocity Rules”, 29 October 2026 (PDF)
- FCC, Statement of Chairman Brendan Carr on FCC 26-73 (PDF)
- FCC, Statement of Commissioner Olivia Trusty on FCC 26-73 (PDF)
- FCC on X, “PASSED: FCC Proceeds on Device Test Lab Onshoring, Reciprocity Rules”, 29 October 2026
Press:
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