New FCC U.S. Agent for Service of Process and Attestations for covered applicants/equipment

On January 24, 2023, the FCC Published KDB 986446, providing FCC guidance to protect the nation’s networks and supply chains from equipment (“covered” equipment) that poses an unacceptable risk to national security or the safety of U.S. persons and adopted rules that prohibit equipment authorization for “covered” telecommunications equipment and video surveillance equipment produced by entities identified on the Commission’s Covered List, which is periodically updated. On February 6, 2023, the final rules were published in the Federal Register and effective on the same day.

And there is no transition period.

www.federalregister.gov/documents/2023/02/06/2022-28263/protecting-against-national-security-threats-to-the-communications-supply-chain-through-the

All FCC Equipment Authorizations granted by TCB’s henceforth, need to include the following two attestation letters:

1. Attestation Statements US agent: Should be signed by the Applicant & US agent. To the application and obligation are accepted/acknowledged by both parties.

2. FCC Covered Equipment Certification Attestation Letter: Should be signed by the Applicant. To certify that the equipment IS NOT “covered” equipment prohibited from receiving an equipment authorization pursuant to section 2.903 of the FCC rules. (Equipment produced by Huawei, ZTE, Hytera, Hikvision, and Dahua) To certify that the applicant IS NOT identified on the Covered list, established pursuant to §1.50002, as an entity producing “covered” equipment (Including Huawei, ZTE, Hytera, Hikvision, and Dahua, and their subsidiaries and affiliates.)

Please see below Covered List for more details:

www.fcc.gov/supplychain/coveredlist

For the US based agent (if the applicant is not based in the US), would have similar criteria to the US responsible party for SDoC. The US Agent/responsible party is typically one of the following:

➢ The US based manufacturer

➢ The US based assembler (if the equipment is assembled from individual component parts)

➢ The US based importer (if the equipment is imported)

The US Agent for Service of Process CAN BE: An individual entity or a company entity.