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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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Effective July 28, 2026, the Federal Communications Commission’s (FCC) <a href="https://www.fcc.gov/supplychain/coveredlist">Covered List</a> now includes <a href="https://www.fcc.gov/sites/default/files/power-inverter-fcc-determination.pdf">foreign-produced power inverters</a> and <a href="https://www.fcc.gov/sites/default/files/robots-nsd.pdf">foreign-produced advanced robotic devices</a>. These equipment categories are now prohibited from receiving new FCC equipment authorizations.

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The term “foreign-produced” refers to any article that does not qualify as a “domestic end product,” as that term is defined in <a href="https://www.ecfr.gov/current/title-48/part-25/section-25.101#p-25.101(a)">48 CFR § 25.101(a)</a>. This is a reference to the Buy American requirements, which include substantial transformation and domestic content requirements.

A Conditional Approval process allows foreign producers to apply for a waiver to this prohibition.

A separate waiver by the FCC’s Office of Engineering and Technology (OET) (through Jan. 1, 2029) permits authorization holders to undertake routine software/firmware updates to previously authorized devices.

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On July 28, 2026, the FCC <a href="https://docs.fcc.gov/public/attachments/DA-26-786A1.pdf" target="_blank" rel="noreferrer noopener">announced</a> the addition of foreign-produced power inverters and advanced robotic devices to the FCC Covered List. This is only the second time that the FCC Covered List has been used for a broad designation rather than naming specific entities and devices. In December 2025, the FCC <a href="https://docs.fcc.gov/public/attachments/DA-25-1086A1.pdf" target="_blank" rel="noreferrer noopener">added</a> foreign-produced uncrewed aircraft systems (UAS) and UAS critical components to its Covered List.

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The <a href="https://www.fcc.gov/supplychain/coveredlist" target="_blank" rel="noreferrer noopener">Covered List</a> was required to be established in 2019 and includes a list of communications equipment and services that are deemed to pose an unacceptable risk to the national security of the United States. The initial devices included only certain telecommunications equipment made by specific Chinese manufacturers. The addition of equipment to the Covered List has multiple implications. In this bulletin, we discuss the key impact—that the FCC will not permit, pursuant to Section 302(b) of the Communications Act, equipment authorization applications for radio frequency (RF) equipment manufactured by entities on the Covered List. Being on the Covered List effectively prohibits sales in the United States.

Importantly, being added to the Covered List prohibits only new authorizations and does not revoke any pre-existing authorizations that companies have received to date, while modifications to authorizations, which can be required for software and equipment alterations, are prohibited. However, the FCC’s OET issued a <a href="https://docs.fcc.gov/public/attachments/DA-26-789A1.pdf" target="_blank" rel="noreferrer noopener">waiver</a> of prohibitions on certain Class I and Class II Permissive Changes (changes to equipment specifications that do not require new applications to be submitted) to allow for certain modifications. This will cover many software and firmware, but not equipment, modifications, but any planned modifications should be checked against the waiver’s scope before being undertaken or an application filed with the FCC. This waiver runs through at least January 1, 2029.

The term “foreign-produced” is defined in the National Security Determinations below to refer to any article that does not qualify as a “domestic end product,” as that term is defined in 48 CFR § 25.101(a). This is a reference to the Buy American requirements, which include substantial transformation and domestic content requirements.

Note: many products that are manufactured in the United States or that qualify as country of origin USA may still be considered “foreign-produced” because they do not meet domestic content requirements in the Buy American statute and regulations.

The National Security <a href="https://www.fcc.gov/sites/default/files/robots-nsd.pdf" target="_blank" rel="noreferrer noopener">Determination</a> on the Threat Posed by Foreign-Produced Advanced Robotic Devices found that networked robotic systems create “broad attack surfaces” enabling data exfiltration, remote disruption, and dependence on unsecured over-the-air updates, while consolidation of the robotics supply chain in a small number of foreign countries poses an unacceptable supply-chain vulnerability. Documented incidents cited in support include unauthorized remote access to thousands of home robots, a backdoor discovered in foreign-produced robotic quadrupeds, and an exploit enabling takeover of robot fleets.

Advanced Robotic Device is defined in the National Security Determination as:

A mechanical mobile device, including autonomous mobile robots, humanoid robots, and quadrupeds, that:

i. Is capable of locomotion, obstacle avoidance, navigation, or movement on the ground;

ii. Operates at a distance from a human operator or supervisor based on commands or in response to sensor data or any combination thereof; and

iii. The combined weight of the device and, if applicable, ground station or docking station is over 4.4 lbs; and

iv. Contains a component falling within each of the&nbsp;below subparagraphs:

a. a sensor capable of perceiving its environment;

b. a component that is capable of providing network connectivity (wired or wireless, including Bluetooth/Wi-Fi, cellular, or satellite) with connection speeds of at least 200 kBps in either direction; and

c. software running either locally or remotely, including firmware and AI or machine-learning model weights, that controls the robot’s autonomous navigation or movement perception, data collection, or remote command-and-control.

i. A “connected vehicle,” as that term is defined in 15 CFR § 791.301, but including a connected vehicle of any gross weight;

ii. A vehicle operated only on a rail line;&nbsp;

iii. An “uncrewed aircraft” or “uncrewed aircraft system,” as defined in 47 CFR § 7 88.5;

iv. An unmanned underwater vehicle that is able to operate without a human occupant;&nbsp;

v. Items that are classified as devices under Section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §360c), including surgical instruments, medical and surgical robotic systems, external limb prostheses and their components, and ambulatory and mobility assistive devices (such as canes, crutches, walkers, and wheelchairs), whether or not powered, and whether the item was cleared under Section 510(k), approved under Section 515, classified under Section 513(f)(2), or exempt from premarket notification; and

vi. A fixed, stationary, non-mobile robot, including articulating, parallel/delta, Cartesian/gantry, or Selective Compliance Assembly, or Articulated, Robot Arm (SCARA) robots intended for industrial or medical use.

The Power Inverters National Security <a href="https://www.fcc.gov/sites/default/files/robots-nsd.pdf">Determination</a> found that the U.S. electric grid’s growing reliance on inverter-based resources (currently over 46 GW, with tens of thousands of additional megawatts projected annually) is compounded by heavy dependence on foreign-sourced inverters and components (only about 7% of 2020 U.S. inverter shipments came from U.S.-headquartered manufacturers). Documented risks cited in support include a real-world incident in which a foreign manufacturer remotely disabled inverters following a commercial dispute, and researcher-identified vulnerabilities in solar inverters that could disrupt grid stability.

A Power Inverter is defined in the National Security Determination as:

a. A bi-directional power device or system that converts direct current electricity to alternating current electricity, or converts alternating current electricity to direct current electricity, to include microinverters, string inverters, central inverters, and hybrid (battery-based) inverters; and

b. Contains components that enable remote communication, control, sensing, data collection, or monitoring through Wi-Fi, cellular, Bluetooth, or other similar connections.

Entities producing covered devices in a foreign country may apply for an individualized exemption: DoW or DHS may grant <a href="https://www.fcc.gov/sites/default/files/annex-a-guidance-conditional-approval-inverters.pdf">Conditional Approvals for power inverters</a>, while only DoW may grant <a href="https://www.fcc.gov/sites/default/files/robots-ca.pdf">Conditional Approval for advanced robotic devices</a>. Applications must include:

Corporate structure and ownership information, including beneficial owners holding 5% or greater equity, board/executive nationality, and any foreign government ownership, control, or influence;

Manufacturing and supply-chain disclosures, including a detailed bill of materials, country of origin for all components and design, and an assessment of supply-chain concentration and single points of failure; and

A time-bound U.S. manufacturing and onshoring plan, including a dedicated point of contact responsible for providing quarterly progress updates.

Applications must be submitted by January 1, 2028. If granted, the FCC will update the Covered List to reflect the Conditional Approval.

Companies that plan on seeking new FCC Equipment Authorizations or modifying existing FCC Equipment Authorizations should give consideration to the following:

Screen products immediately. Assess products against the new definitions of “power inverter” and “advanced robotic device” and determine whether products are “foreign-produced” under 48 CFR § 25.101(a).

Pursue Conditional Approval promptly. New FCC authorizations or modifications (other than software or firmware) for in-scope foreign-produced devices are barred absent a Conditional Approval – begin the request process without delay.

Assemble documentation now. Conditional Approval requests require bill-of-materials/country-of-origin data, corporate ownership information, justification for foreign manufacturing, and onshoring plans.

Confirm existing authorizations. Pre-July 28, 2026 authorizations remain valid, but verify any planned updates fall within the OET waiver’s scope.

Do not assume the waiver covers all modifications. Changes beyond routine consumer-harm-mitigating software/firmware updates may still be prohibited.

Monitor for future Covered List expansions. Evaluate supply-chain diversification proactively.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2026/08/FCC-Covered-List-Targets-Foreign-Produced-Power-Inverters-and-Advanced-Robotic-Devices.pdf

FCC Covered List Targets Foreign-Produced Power Inverters and Advanced Robotic Devices

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