FCC Adds Foreign-Produced Power Inverters and Advanced Robotics Devices to Covered List Over National Security Concerns
On July 28, 2026, the Federal Communication Commission (FCC) continued its push to address supply chain and national security risks on a categorical basis by adding power inverters and “advanced robotic devices” produced in foreign countries to its Covered List. Based on a White House-convened interagency determination that such products pose an unacceptable risk to the national security of the United States, new models of devices that meet the definition of “foreign-produced” will not be authorized for importation or marketing within the United States. This action comes on the heels of the FCC’s addition of foreign-produced uncrewed aircraft systems (UAS) and critical components and foreign-produced routers to the Covered List within the past year.
FCC Covered List
The FCC primarily draws its authority to add covered communications equipment or services to the Covered List from the Secure and Trusted Communications Network Act of 2019. The FCC can add items to the Covered List following government determinations that the equipment or services pose an unacceptable risk to the national security of the United States or the security and safety of United States persons. The national security-related determinations made as to power inverters and advanced robotics devices both focused on supply chain vulnerabilities and cybersecurity risks that threatened the critical infrastructure of the United States. Equipment added to the list can no longer receive authorization from the FCC to be imported, marketed, or operating within the United States. Following the Covered List’s inception, additions at first were limited to telecommunications and video surveillance equipment produced by specific foreign-based companies. However, recent additions have expanded beyond any particular company and have included wide classes of products, signaling a broader approach by the FCC to use the Covered List as a dynamic compliance mechanism.
Foreign-Produced
Specifically, as to power inverters and advanced robotics devices, the definition of “foreign-produced” draws from the Buy American statute and includes any article that does not qualify as a “domestic end product” as defined in 48 C.F.R. § 25.101(a). “Foreign-produced” articles are generally those that are not manufactured in the United States or do not exceed the applicable domestic content threshold.
New Models vs. Previously Authorized Models
Importantly, this update to the Covered List will not apply to any existing models of power inverters and advanced robotic devices that the FCC previously authorized, absent significant modifications or updates. The prohibitions will only apply to new models that will not receive FCC authorization to be imported, marketed or sold in the United States. The FCC generally has two authorization procedures that can be relied on for existing models of covered equipment:
- FCC Certification – Equipment authorization issued by an FCC-recognized Telecommunication Certification Body (TCB) based on an evaluation of the supporting documentation and test data submitted by the responsible party (i.e. the manufacturer or importer) to the TCB.
- Supplier’s Declaration of Conformity (SDoC) – A procedure that requires the party responsible for compliance to ensure that the equipment complies with the appropriate technical standards, which requires a test report and other information demonstrating compliance with the rules upon request by the FCC.
Conditional Approval
For new models that have not been previously authorized by the FCC for importation or marketing within the United States, companies may still request Conditional Approvals that would except the devices from the Covered List and allow the devices in question to receive new FCC equipment authorizations. Similar to the Conditional Approval process for foreign-produced UAS, UAS components and routers, the process involves an evaluation as to whether an entity’s devices pose unacceptable risks to national security. Conditional approval submissions for power inverters will be evaluated by the Department of War (DoW) and Department of Homeland Security (DHS), while submissions for advanced robotics devices will only be evaluated by DoW. Information requested for such evaluations as to both categories of devices generally falls within three overarching categories:
- Corporate Structure
- Manufacturing and Supply Chain Disclosure
- U.S. Manufacturing and Onshoring Plan
Applicants must submit Conditional Approval applications for both foreign-produced power inverters and advanced robotics devices by January 1, 2028, to be evaluated.
Impact
Power inverters are a key component of renewable energy and energy storage projects, and most of inverters available in the market for such projects are manufactured overseas through a largely foreign supply chain. Consequently, any change in law that impacts the importation, purchase and use of foreign-made power inverters has the potential to impact the renewable energy and energy storage industry. Because the FCC’s action is not expected to have a significant effect on already-approved power inverters and advanced robotic devices, the immediate impact on the US energy market may be minimal, particularly for projects already designed to utilize existing models of FCC-approved power inverters already for sale in the US.
Nonetheless, longer-term impacts of the FCC’s action may stymie the renewable energy industry by preventing the use of new and more advanced inverter models that might otherwise be available in the US, at least until manufacturers are able to shift manufacturing to the United States. Going forward, project developers should consider whether to include representations, warranties and other provisions in their inverter procurement agreements ensuring clearly that vendors bear the risk and responsibility for obtaining and maintaining FCC authorization for their products.
If you have questions or concerns about the issues raised in this article, please reach out to any of the authors or your Foley & Lardner attorney.
