The U.S. Federal Communications Commission (FCC) has adopted a significant change to its equipment authorization program that will reshape where products destined for the U.S. market can be tested and certified. In its Third Report and Order in ET Docket No. 24-136 (considered at the FCC’s 29 October 2026 open meeting), the Commission will limit recognition of Test Labs, Telecommunications Certification Bodies (TCBs), and laboratory accreditation bodies to those located in the United States or a “Reciprocal Economy.”
The change takes effect after a transition period ending 1 December 2028.
What Is Changing
Under the new rules, the FCC will no longer recognize Test Labs, TCBs, or laboratory accreditation bodies that are located in, or that perform their FCC-recognized work in, a non-Reciprocal Economy — a country or territory with which the United States does not have a Mutual Recognition Agreement (MRA) or comparable reciprocal trade agreement.
A Reciprocal Economy is defined as a territory with which the U.S. has an MRA or a comparable government-to-government reciprocity agreement, such as a Free Trade Agreement (FTA) or Agreement on Reciprocal Trade (ART). The FCC’s Office of Engineering and Technology (OET) will publish and maintain the list of Reciprocal Economies; the initial list (in Appendix D of the order) includes economies such as Australia, Canada, Japan, South Korea, the United Kingdom, the EU member states, Singapore, Taiwan, Mexico, and others.
“Covered Activity”: Where the Work Must Happen
Importantly, the rules apply not just to where an entity is located, but to where the substantive work is actually performed. The order defines “covered activity” for each type of body:
- For a Test Lab: test setup and operation, required measurements, technical analysis of results, and preparation or approval of the test report relied on for certification.
- For a TCB: application evaluation, technical review, the certification decision, grant or dismissal, and FCC-required post-market surveillance.
- For an accreditation body: the assessment, technical evaluation, and decision to accredit a laboratory for a scope used to obtain FCC recognition.
A lab or TCB based in the U.S. or a Reciprocal Economy cannot satisfy the rules by performing this covered activity in a non-Reciprocal Economy. However, pre-compliance and R&D testing (not relied on for certification), equipment calibration, and ordinary administrative functions are not “covered activity” and are not restricted.
Why the FCC Made This Change
The Commission cited three main reasons: concerns about its ability to oversee and hold accountable testing entities in jurisdictions where the U.S. has no reciprocal framework; a growing overconcentration of FCC testing in a single non-Reciprocal Economy (the order notes a large majority of FCC equipment-authorization testing now occurs in one such economy); and a return to the principle of reciprocity in trade. The order situates the change within the equipment authorization program’s expanded national-security role under the Secure Networks Act and Secure Equipment Act.
Timeline and Transition
The order adopts a uniform transition period ending 1 December 2028:
- Test Labs in non-Reciprocal Economies remain recognized during the transition, but any recognition (whenever granted) terminates on 1 December 2028.
- The prohibition applies prospectively: it affects equipment authorization applications received on or after 1 December 2028.
- Equipment authorizations already granted, and applications received before that date, are not disturbed, and existing certifications remain valid.
There is a Further Notice of Proposed Rulemaking attached, seeking comment on additional measures (such as Legal Entity Identifiers and possible ownership-based restrictions), so further developments are likely.
What This Means for Manufacturers
For manufacturers placing RF devices on the U.S. market, this is a structural shift in the compliance landscape. Products intended for the U.S. will increasingly need to be tested and certified by entities in the United States or a Reciprocal Economy, and the required test reports and certification decisions must be produced there.
Because so much FCC testing capacity has historically been concentrated outside Reciprocal Economies, demand on U.S. and Reciprocal Economy laboratories is expected to grow as the deadline approaches. Testing capacity, laboratory scheduling, and certification planning are therefore becoming earlier, more strategic considerations in product development, rather than final-stage steps. Planning laboratory strategy well ahead of the 1 December 2028 transition will help manufacturers avoid capacity bottlenecks and protect product-launch timelines.
To read the official documentation, refer to the FCC’s Third Report and Order and Third Further Notice of Proposed Rulemaking in ET Docket No. 24-136.
How C-PRAV Can Support You
C-PRAV helps manufacturers and importers achieve global market access for radio and wireless products, including FCC equipment authorization for the U.S. market. As a global test and certification company with an ISO 17025 NATA-accredited laboratory in Australia — a Reciprocal Economy under the FCC’s framework — and as the first and only CSA-authorized lab in Australia for North American safety testing, our team can support your FCC radio, EMC, and RF exposure testing and certification needs, and help you plan your laboratory and certification strategy ahead of the 2028 transition.
Have questions? We’re here to help.