FCC seizes lead from Commerce Dept. on foreign-tech restrictions

The Federal Communications Commission has begun aggressively adding foreign-produced technologies, including power inverters and advanced robotics, to its 'Covered List,' effectively blocking them from the U.S. market on national security grounds. This new push contrasts with recent inaction from the Department of Commerce's Office of Information and Communications Technology and Services (OICTS), which had previously been the more active regulator in this space with actions against Kaspersky Lab and proposed rules for connected vehicles.

This apparent shift in regulatory leadership creates uncertainty for businesses with international supply chains and raises questions about the durability of the FCC’s approach, which may be stretching its statutory authority in untested ways. The sidelining of the once-ascendant OICTS changes the compliance landscape for companies navigating U.S. national security reviews. Counsel should monitor whether the FCC continues to expand its Covered List to new sectors and watch for potential legal challenges to its authority or a reassertion of jurisdiction by the Commerce Department.