FCC Adds Foreign-Produced Power Inverters and Advanced Robotic Devices to the Covered List

July 30, 2026

On July 28, 2026, the Federal Communications Commission (FCC) added certain foreign-produced power inverters and advanced robotic devices to the Covered List of communications equipment and services deemed to pose an unacceptable risk to U.S. national security. As with the prior additions of foreign-produced uncrewed aircraft systems (UAS) and routers (covered by Wiley here and here), the listings follow National Security Determinations (NSDs) issued by an unnamed “Executive Branch interagency body” the day prior, were accompanied by a blanket waiver to allow certain software and firmware changes to previously authorized equipment, and will allow for “Conditional Approvals” to enable covered equipment to continue to be sold in the U.S. market, subject to an onshoring plan submitted with the Conditional Approval application. These listings also adopt a new definition of “foreign-produced” that will exempt from the Covered List inverters and robotic devices that meet the standard for a “domestic end product” under trade law. 

Being added to the Covered List means that covered inverters and robotic devices can no longer receive FCC equipment authorizations, which are required for all products that emit radiofrequency energy. Companies that make or sell covered inverters or robotic devices for the U.S. market will see impacts on both new and previously authorized models. In particular, absent a Conditional Approval or compliance with the domestic end product standard:  

• New models of foreign-produced power inverters and advanced robotic devices will be ineligible for FCC equipment authorization and (generally speaking) cannot enter the U.S. market.
• Previously authorized models may still be produced and marketed, imported, and used in the United States unless the FCC takes further action to revoke or limit those authorizations. However, these previously authorized models cannot be modified or updated, except for certain software and firmware changes permitted pursuant to a blanket waiver issued by the FCC’s Office of Engineering and Technology (OET).
• Hardware changes to previously authorized models (or software/firmware changes that fall outside the blanket waiver) will not be allowed unless and until a separate waiver is obtained by the producer, its customer, or a trade association (such waivers have been routinely granted in the context of covered routers).

The addition of foreign-produced power inverters to the Covered List is likely to impact a large number of industries given the widespread use of such products (particularly in battery backup systems) in everything from residential solar systems to data centers. Moreover, the addition of foreign-produced advanced robotic devices has major implications not just for those who sell these products commercially, but for businesses and research institutions that import, test, and develop robotic devices.

Summary of Public Notice

Below is a summary of the key provisions of the Public Notice.

Definition of Power Inverters.

The FCC adopts the broad definition of “power inverter” provided in the relevant NSD, defining them as any bi-directional power device or system that:

• Converts current electricity to alternating current electricity, or converts alternating current electricity to direct current electricity (including 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.

Unlike with the listing for routers, the power inverters covered by the NSD and added to the Covered List are not limited to residential or consumer applications.

Definition of Advanced Robotic Devices.

Once again relying on the NSD, the FCC defines an “advanced robotic device” as 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.

The definition of “advanced robotic device,” while also broad, is subject to several exceptions. In particular, the definition excludes:

• A “connected vehicle,” as that term is defined in 15 C.F.R. § 791.301, except that in this context a “connected vehicle” includes 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 C.F.R. § 88.5 (note that UAS are already on the Covered List pursuant to a separate entry);
• An unmanned underwater vehicle;
• 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/delta, Cartesian/gantry, or Selective Compliance Assembly, or Articulated, Robot Arm (SCARA) robots intended for industrial or medical use.

Definition of Foreign-Produced.

In a notable departure from past NSDs and their associated Covered List entries, the NSD in this case defines “foreign-produced” for both inverters and robotic devices as “any article that does not qualify as a ‘domestic end product,’” as that term is defined in the “Buy American” standard codified at 48 C.F.R. § 25.101(a). The “Buy American” standard is based on the cost percentage of domestically produced content within a product. (The UAS products on the Covered List currently enjoy an exemption from the list if they meet this standard, although that exemption is time-limited, set to expire in January 2028.)

This new definition of “foreign-produced” applies only to power inverters and advanced robotic devices and does not expressly apply to any other types of covered equipment, though in a pending notice of proposed rulemaking (“Third Further NPRM”) the Commission has proposed using this standard for all relevant Covered List entries. 

Availability of Conditional Approvals.  

Similar to past additions of foreign-produced UAS, UAS components, and consumer-grade routers to the Covered List, entities may seek “Conditional Approval” for specific models of foreign-produced advanced robotic devices and power inverters. A Conditional Approval exempts particular models or product lines from inclusion on the Covered List and thus permits the device to receive new equipment authorizations, including permissive changes.

The FCC appended as an Annex to its Public Notice two guidance documents on submission criteria for Conditional Approvals. Like the analogous guidance for Conditional Approvals of foreign-produced UAS and routers, the guidance provided for power inverters and advanced robotic devices explains that entities seeking Conditional Approval must submit information regarding their corporate structure, foreign ownership, supply chains, and a plan detailing efforts to “establish or expand manufacturing in the United States” of the product(s) for which authorization is sought. Both the Department of War (DoW) and the Department of Homeland Security (DHS) may grant Conditional Approvals for power inverters. However, in a departure from all other Conditional Approval processes, only DoW may grant Conditional Approvals for advanced robotic devices. (This departure may ultimately have a limited impact, as DoW has been primarily responsible for other Conditional Approvals to date.)

Entities that will require a Conditional Approval should work quickly to file an application to avoid delays caused by the application backlog the Public Notice is likely to create.

OET Blanket Waiver Allowing Class I and Class II Permissive Changes.  

When equipment is added to the Covered List, previously granted equipment authorizations continue to be valid unless the FCC takes additional action to revoke or limit those authorizations (which the agency has done or proposed to do with respect to certain other Covered List equipment, including equipment produced by Huawei and other named entities and “military grade” drone equipment). However, the FCC has taken the view that any changes to Covered List equipment technically would require new “authorization” either by application or by rule and thus are generally prohibited, including Class I and Class II permissive changes, such as updates to software on devices that have already been certified.

On July 28, as it has done with past entries, OET issued a blanket waiver to enable certain Class I and Class II firmware or software permissive changes to previously authorized power inverters and advanced robotic devices. These include “software and firmware updates to ensure the continued functionality of the devices, such as those that patch vulnerabilities and facilitate compatibility with different operating systems.” The waiver will be in place “at least until January 1, 2029.” Hardware changes to previously authorized products will continue to be prohibited absent an additional waiver (which, as noted above, have been issued for other covered equipment).

Impact on Imported Robotic Devices for R&D.

As noted above, addition of advanced robotic devices and inverters to the Covered List will not impact the importation of previously authorized devices unless the FCC takes further action to prohibit it. In addition, organizations that import or seek to import currently unauthorized devices for research and development purposes may be able to continue importing these devices pursuant to exceptions in FCC rules. Organizations looking to import and use unauthorized covered equipment – like advanced foreign-market robots – for research and development should be aware of the general prohibition on operating radiofrequency devices without FCC authorization and the limited exceptions found in 47 C.F.R. § 2.805, as well as the import restrictions and exceptions found in 47 C.F.R. § 2.1204. These organizations may wish to consult with FCC counsel to determine whether and how those devices can be imported and operated for research purposes.

In the pending Third Further NPRM discussed above, the FCC has proposed to limit importation of unauthorized, covered equipment to 40 units – a reduction from the current limit of 4,000 units in Section 2.1204. Interested parties may wish to comment on this proposal.

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The Public Notice announcing the addition of foreign-produced power inverters and advanced robotic devices clarifies that because these entries are “identified by place of production, not by entity,” the more stringent Covered List restrictions applicable or relevant to entities “identified” on the Covered List (such as FCC filing requirements, additional equipment authorization restrictions, and limitations on the ability to do business with certain FCC-regulated entities such as submarine cable operators) will not apply to these additions.   

Nonetheless, the Public Notice continues the FCC’s steady expansion of “location-based” Covered List additions, and the potentially broad sweep of these additions – particularly for commonly used and ubiquitous equipment such as power inverters – implicates a wide range of industries.

Wiley’s Telecom, Media & Technology; National Security; and International Trade practitioners have substantial experience helping companies navigate the FCC’s equipment authorization process and Covered List restrictions. For more information about the Covered List actions discussed in this alert, please contact one of the authors.