FCC bans new foreign-made power inverters and advanced robotic devices in the United States; waivers required for market entry

US Federal Communications Commission prohibits new foreign-made power inverters and mobile robots | White & Case LLP

US Federal Communications Commission prohibits new foreign-made power inverters and mobile robots

On July 28, 2026, the US Federal Communications Commission (FCC) added foreign made connected power inverters and advanced robotic devices (certain mobile robots) to the FCC Covered List, 1 prohibiting new device models from qualifying for FCC equipment authorizations. 2 Devices covered by these listings will be effectively prohibited from importation, marketing, or sale in the United States, unless the manufacturer obtains a waiver. These particular listings are forward-looking and do not prohibit existing device models previously authorized by the FCC. That said, the FCC has been expanding and refining the authorities under the Covered List while it has been deploying these new product-level listing actions, and new potential restrictions affecting components, replacement parts, software updates, and previously licensed device models may emerge.

Most radio-frequency emitting devices must be approved by the FCC before they can be imported, marketed, and sold in the United States. To address security concerns with certain telecommunications suppliers, Congress established the Covered List through Section 2 of the Secure Networks Act of 2019 3 , requiring the FCC’s Public Safety and Homeland Security Bureau to maintain a list of communications equipment and services 4 that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons. In effect, a listing excludes the covered products from the US market.

Communications equipment and services on the Covered List are prohibited from receiving FCC radiofrequency authorizations, and specific entities on the Covered List are also prohibited from accessing Universal Service funding for listed equipment or services. Other providers of telecommunications services must also report to the FCC any purchase, rental, or lease of any covered communications equipment or service. Since the law’s introduction, the FCC has expanded the application of the Covered List designations through other regulatory actions. Listed entities are now also prohibited from operating as test labs and from participating in the new US Cyber Trust Mark labeling program, while listed equipment and services are prohibited from use in submarine cables.

The FCC does not make the listing decisions itself. Instead, the FCC acts based on national security determinations made by any “Executive Branch interagency body with appropriate national security expertise,” the Department of Commerce under the Information and Communications Technology and Services (ICTS) Rule, an act of Congress, or “an appropriate national security agency.” 5

The national security determinations for power inverters and advanced robotic devices

For the advanced robotic devices and power inverters Covered List actions, the FCC acted in response to national security determinations from “an Executive Branch interagency body with appropriate national security expertise.” 6 The body relayed the two determinations to the FCC on July 27, 2026, finding that:

Power inverters produced in a foreign country (regardless of the nationality of the producer) pose the following unacceptable risks to the United States: (i) “facilitating a supply chain vulnerability that could disrupt U.S. economic security, including sectors critical to national security”; and (ii) “creat[ing] a cybersecurity risk that threatens the security of critical infrastructure and the safety of U.S. persons.”

Advanced robotic devices produced in foreign countries (regardless of the nationality of the producer) presented the following unacceptable risks: (i) “posing a supply chain vulnerability that could disrupt U.S. economic and national security”; and (ii) “creating a cybersecurity risk that threatens the security of critical infrastructure and thus the safety and security of U.S. persons.”

Products covered by the two listings

The FCC Covered List actions apply to:

Foreign-produced power inverters, except power inverters which have been granted a Conditional Approval by the Department of Defense or Department of Homeland Security.

Foreign-produced advanced robotic devices, except advanced robotic devices which have been granted a Conditional Approval by the Department of Defense.

The FCC’s listings adopt the definitions of “foreign-produced,” “power inverters,” and “advanced robotic devices” from the national security determinations.

Because the listings are based on product and place of production, entities that produce covered devices in foreign countries are not “identified on the Covered List” and will not be subject to any entity-specific restrictions.

Definition of covered “power inverters”

For the purpose of [the power inverters] determination, the term “power inverter” shall mean a device [that is]:

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

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

Definition of covered “advanced robotic devices”

For the purpose of [the advanced robotics devices] determination, the term “advanced robotic devices” means:

A mechanical mobile device, including autonomous mobile robots, humanoid robots, and quadrupeds, that – Is capable of locomotion, obstacle avoidance, navigation, or movement on the ground; Operates at a distance from a human operator or supervisor based on commands or in response to sensor data or any combination thereof; and The combined weight of the device and, if applicable, ground station or docking station is over 4.4 lbs; and Contains a component falling within each of the below subparagraphs: a sensor capable of perceiving its environment; a component that is capable of providing network connectivity (wired or wireless, including Bluetooth

WiFi, cellular, or satellite) with connection speeds of at least 200 kbps in either direction; and 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; and

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

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

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

Contains a component falling within each of the below subparagraphs: a sensor capable of perceiving its environment; a component that is capable of providing network connectivity (wired or wireless, including Bluetooth

a sensor capable of perceiving its environment;

a component that is capable of providing network connectivity (wired or wireless, including Bluetooth

WiFi, cellular, or satellite) with connection speeds of at least 200 kbps in either direction; and

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; and

Does not include: A “connected vehicle,” as that term is defined in 15 CFR § 791.301, but including a connected vehicle of any gross weight; A vehicle operated only on a rail line; An “uncrewed aircraft” or “uncrewed aircraft system,” as defined in 47 CFR § 788.5; An unmanned underwater vehicle that is able to operate without a human occupant; 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 A fixed, stationary, non-mobile robot, including articulating, parallel

gantry, or Selective Compliance Assembly, or Articulated, Robot Arm (SCARA) robots intended for industrial or medical use.

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

A vehicle operated only on a rail line;

An “uncrewed aircraft” or “uncrewed aircraft system,” as defined in 47 CFR § 788.5;

An unmanned underwater vehicle that is able to operate without a human occupant;

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

A fixed, stationary, non-mobile robot, including articulating, parallel

gantry, or Selective Compliance Assembly, or Articulated, Robot Arm (SCARA) robots intended for industrial or medical use.

Scope of the listings based on “foreign-produced” status

A central concept governing the scope of the two listings is the term ““oreign-produced,” which means the listings apply to covered products produced outside the United States by any company, including US companies. Conversely, products produced in the United States – even by foreign companies – are not restricted.

To define “foreign-produced,” the two national security determinations rely on the Buy American statute (48 C.F.R. § 25.101(a)), under which a “foreign-produced” product is one “that does not qualify as a ‘domestic end product.’” The Buy American statute restricts government purchases of supplies that are not US end-products, subject to various exceptions. To meet the definition of “domestic end product” referenced in the FCC Covered List actions, a product must:

Be manufactured in the United States; and

Except for an end product that consists wholly or predominantly of iron or steel or a combination of both, the cost of domestic components must exceed 65% of the cost of all the components in the product for items delivered in calendar years 2024 through 2028 and then exceed 75% of the cost of all the components for items delivered starting in calendar year 2029; or

For an end product that consists wholly or predominantly of iron or steel or a combination of both, the cost of foreign iron and steel must constitute less than 5% of the cost of all the components used in the end product.

Applicants seeking new equipment authorizations will need to certify that the device is not “foreign-produced.”

The restrictions are waived for basic software and firmware updates

The FCC is allowing foreign-produced advanced robotic devices and power inverters to continue receiving basic software and firmware updates. In a separate waiver issued on July