United States of America: Adopted FCC order banning equipment authorizations for Chinese telecommunications and video surveillance equipment deemed to pose a threat to national security

On 11 November 2022, the Federal Communications Commission (FCC) issued an order banning equipment authorisations for Chinese telecommunications and video surveillance equipment due to the risk they pose to national security and the safety of US citizens. The FCC has compiled a “Covered List” enumerating the covered entities, including Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, AO Kaspersky Lab, China Mobile International USA, China Telecom (Americas) Corp, ComNet LLC and China Unicom. The list will be periodically updated. In addition, guidance regarding what constitutes covered equipment will be released, and supplier’s declaration of conformity (SDoC) requirements will be established. Finally, the order establishes importation and marketing rules, outlines cost-effectiveness and economic impact and answers to the aforementioned companies’ constitutional claims. The order implements the Secure Equipment Act of 2021.