FCC Requires Equipment Exporters to Provide "US Agent"

In early March, two new developments from the U.S. Federal Communications Commission (FCC) have put global communication equipment manufacturers—especially Chinese firms with substantial exports to the U.S.—on high alert. A series of regULatory measures aimed at "closing loopholes and strengthening inspections" have transitioned from rule texts to concrete actions. Any non-compliant "U.S. Agent" may trigger product delisting or even a sales ban.

New Rule Focus: Crack Down on "Shell US Agents" and Strengthen Certification Bodies’ Accountability

The core of the FCC equipment authorization process mandates that all non-U.S.-based equipment manufacturers must appoint a U.S.-based authorized representative, known as a US Agent, to serve as the primary liaison for official communications with U.S. authorities.

In the past, some companies used virtual addresses or shell companies as US Agents to cut costs, leaving the FCC unable to contact responsible parties when investigating equipment violations. To fully close this loophole, the FCC issued the updated Guidance for CoveRED Equipment (KDB 986446 D01 v04) on December 8, 2025. The guidance officially took effect on December 15, 2025. It does not create new laws but instead enforces existing regulations under 47 CFR § 2.911(d)(7) with specific and stringent requirements.

The key changes include three aspects:

1. Physical Address Mandate: US Agents must provide a genuine, valid physical U.S. business address. Virtual offices and P.O. Boxes will no longer be accepted. Telecommunication Certification Bodies (TCBs) are required to conduct substantive due diligence to verify the address’s authenticity.

2. Information Transparency: The US Agent’s full contact details (name, physical address, phone number, email) must be entered by the TCB into the official application system (FCC Form 731) and made publicly searchable. This shifts US Agent information from back-end documentation to front-end public data.

3. Long-term Liability Obligation: The US Agent’s responsibilities do not end when the product is launched. Even after a product is discontinued, the US Agent must fulfill its duties for at least one additional year to ensure support for potential future investigations and communications.

In short, under the new rules, "nominal US Agents" can no longer evade scrutiny. If a TCB fails to conduct thorough reviews, its certification qualifications may be suspended or revoked by the FCC.

Associated Inspection: Targeting Supply Chain Risks Controlled by "Foreign Adversaries"

If the new US Agent rule is about strengthening "accountability points", another draft released by the FCC on January 8, 2026 (Docket No. 25-166, Document No. FCC-CIRC2601-02) is designed to cast a broader "inspection net".

The draft proposes adding a new chapter to FCC regulations, requiring all equipment authorization holders (including certificate holders and US Agent affiliates) to declare whether they are controlled by entities in jurisdictions designated as "foreign adversaries" by the U.S. The draft sets extremely low thresholds for triggering declarations: entities with over 10% equity ownership must disclose control relationships, while those with over 5% equity ownership must report shareholder information.

The draft was submitted to the FCC Commission for a vote on January 29, 2026, and is currently undergoing the legislative process. Once approved, it will extend FCC inspections from end products and US Agents to the underlying equity structures of companies, elevating supply chain security reviews to a new level.

Impact on Enterprises: Compliance Is No Longer an "Option" but a "Survival Line"

The combined effect of these two new rules has direct and far-REACHing implications for Chinese communication equipment exporters:

1. Increased Certification Costs and Lead Times: Sourcing and verifying a reliable US Agent with a physical address will inevitably raise time and financial costs. TCB review processes will also become more time-consuming.

2. Sharply Elevated Non-Compliance Risks: Products that previously obtained certifications using fraudulent US Agents have become "inventory time bombs" under the new rules. If the FCC discovers a US Agent is unreachable during random inspections, all FCC certifications for related products may be revoked in one go, rendering the goods unsellable in the U.S.

3. Stringent Supply Chain Transparency Requirements: Enterprises must conduct a thorough review of their equity structures to prepare for compliance with the "foreign adversary control" declaration requirements.

Action Recommendations: Conduct Immediate Self-Inspections and Shift to Professional Compliance

Faced with the new era of stringent regulation, exporters must prioritize the following actions:

1. Urgent Verification: Immediately contact your current US Agent and request supporting documents for their physical business address (e.g., lease agreements, utility bills). Test the effectiveness of communication channels with the agent.

2. Prudent Selection: When signing new US Agent service contracts, prioritize providers that can offer compliant physical addresses and professional service capabilities. Seek independent third-party verification if necessary.

3. Internal Review: Legal and compliance departments should launch an internal audit of the company’s equity structure to identify any foreign shareholding situations that may trigger declaration requirements, ensuring proactive preparedness.

4. Partner with Reliable Experts: Collaborate with reputable certification consulting firms or laboratories that are well-versed in the new rules and maintain smooth communication with TCBs, to ensure one-time approval of application documents.

The FCC’s regulatory logic is clear: through strengthening agent accountability and conducting in-depth equity reviews, it aims to build a risk-controllable equipment access system. For enterprises, the old shortcut of pursuing "lowest-cost certifications" has been closed. Establishing a transparent, stable, and professional compliance chain has become an unshakable cornerstone for products entering the U.S. market. Compliance is evolving from a cost item into a core component of competitive strength.