The US Federal Communication Commission (FCC) has recently released an “Interim Freeze Order”, which prevents certain named major Chinese entities (or their subsidiaries or affiliates) from getting approval of their telecommunications and/or video surveillance equipment for marketing in the US.
A further Notice of Proposed Rulemaking is in its proceeding concerning “Protecting Against Security Threats to the Communications Supply Chain through the Equipment Authorization Program”, FCC 22-84.
The Interim Freeze Order portion of the decision (FCC 22-84, paragraphs 264-66) ordered an immediate stop of processing or granting approvals for these companies by FCC authorized TCB’s such as Nemko.
The “Interim Freeze Order” is a temporary prohibition until the rules adopted in the Report and Order become effective. When the Order is in effect, it is expected that TCBs shall not be permitted to process/grant certification of the certain equipment identified in the FCC’s “Covered List”.
The TCBs are told not to rely on the FCC to have identified and placed a deferred status on all affiliates of the covered companies and are expected to use due diligence and flag potential affiliates. If suspecting that an applicant is subject to the freeze, the TCB shall submit a KDB Inquiry, indicating the basis for the determination and request blocking of the companies Grantee Code. The KDB inquiry shall include the Grantee Code and full name of the applicant.
To which extent the Chinese side will react to this quite unique measure by the US authorities remains to be seen.
For further information, please contact Vina.Kerai@nemko.com
(Article is based on text provided by Vina Kerai and edited by Trond Sollie)