United States: FCC Adds Inverters and Robotics to Covered List

In brief

On July 28, 2026, the Federal Communications Commission (FCC or “Commission”) added foreign-produced power inverters and advanced robotic devices to the Covered List. This placement bars new foreign-produced models from obtaining the equipment authorization required for lawful importation and marketing of radiofrequency devices unless the FCC grants Conditional Approval.

This action effectuates two National Security Determinations (NSDs) that a White House-convened Executive Branch interagency body delivered to the FCC on July 27, 2026.¹ Each NSD concluded that the relevant products present “an unacceptable risk to the national security of the United States or the security and safety of United States persons.” This is the Commission’s third origin-based expansion of the Covered List to encompass an entire product category in less than eight months, following the addition of foreign-produced drones in December 2025, and foreign-produced consumer routers in March 2026.

Key takeaways

• Two more categories of equipment, power inverters and advanced robotic devices, are now covered. The Covered List now reaches foreign-produced connected power inverters and foreign-produced advanced robotic devices. New models cannot obtain FCC equipment authorization and therefore cannot lawfully be imported, marketed, or sold in the United States unless they first apply successfully to the FCC for Conditional Approval.
• This continues the trend of expanding prohibitions on key foreign-produced technology. The prohibition is not confined to China, Russia, or other traditional US adversaries. A device is “foreign-produced” unless it qualifies as a “domestic end product” under 48 C.F.R. § 25.101(a), so a US-branded product may be covered if its manufacture does not meet that standard.
• Previously authorized models unaffected. The rule does not apply to models authorized by the FCC before July 28, 2026. 
• FCC does not regulate purchases by the federal government. Covered List restrictions do not apply to importation, marketing, and sale of devices to federal government agencies.
• An exemption is available. Producers can pursue a “Conditional Approval” that exempts a product from the Covered List. Inverter applications are reviewed by the Department of War (DoW) or the Department of Homeland Security (DHS); robotics applications are reviewed by DoW alone. Clients can obtain a Conditional Approval application template from Baker McKenzie.
• Security updates for legacy devices are preserved, for now. A companion Public Notice from the FCC’s Office of Engineering and Technology waives the permissive-change prohibitions in 47 C.F.R. §§ 2.932(b) and 2.1043(b), so that inverters and robots already authorized for use in the United States may continue to receive software and firmware updates that mitigate harm to US consumers, at least until January 1, 2029.
• A prompt supply-chain and product review is warranted. Because the definitions are broad and connected inverters (residential and utility-scale solar, battery backup, data centers) and advanced robots (industrial automation, logistics, physical security) are widely deployed, companies should assess exposure across supply chains, product roadmaps, and commercial contracts.

In more detail

The Covered List regime

The FCC uses the Covered List to implement Section 2 of the Secure and Trusted Communications Networks Act of 2019 (the “Secure Networks Act,” 47 U.S.C. §§ 1601–1609). The list identifies communications equipment and services determined to pose a threat to US national security or the security and safety of US persons. Equipment on the Covered List is ineligible for FCC authorization, and applicants for authorization must certify that their devices are not on the list. 47 C.F.R. § 2.903(a); id. § 2.911(d)(5)(i). Radiofrequency-emitting devices generally cannot be marketed in the United States without FCC authorization, so inclusion on the list effectively prevents new models of covered equipment from entering the US market. See 47 C.F.R. § 2.803(b).

The reach of the list has changed markedly. Initially, the Covered List targeted specific manufacturers, predominantly Chinese and Russian companies such as Huawei, ZTE, Hikvision, Hytera, and Kaspersky. In late 2025, the Commission changed course, moving from company-specific entries to sweeping, origin-based prohibitions on entire product categories. Drones led the way on December 22, 2025, followed by consumer routers on March 23, 2026, and now power inverters and advanced robotic devices.

The National Security determinations 

The two determinations rest on a common pair of concerns: fragile supply chains and cyber vulnerabilities. The inverter determination stresses that the United States lacks a secure domestic supply source while foreign-made and foreign-controlled units and parts continue to flow into the country, a combination it describes as posing threats to US economic and national security. It further warns that the connectivity now standard in these devices creates an avenue for foreign actors to shut down units remotely, siphon data, conduct surveillance, or otherwise compromise the equipment through a cyberattack. The robotics determination strikes similar notes. It observes that advanced robots increasingly guard critical infrastructure and populate factory floors, and that their design—mobile, sensor-laden, and continuously networked—leaves them open to data theft, remote interference, and the risks that come with unsecured over-the-air updates.

Which power inverters are covered

The FCC defines a covered “power inverter” to include two requirements:

1. A bi-directional power device or system that converts direct current (DC) electricity to alternating current (AC) electricity, and includes microinverters, string inverters, central inverters, and hybrid (battery-based) inverters; and
2. Containing components enabling remote communication, control, sensing, data collection, or monitoring via Wi-Fi, cellular, Bluetooth, or similar connections.

The connectivity element is significant: an inverter with no remote communication or monitoring capability appears to fall outside the prohibition. Because connectivity features are common, however, many inverters are likely covered.

Which advanced robotic devices are covered

The FCC defines an “advanced robotic device” as including four function-based criteria but excludes several categories of equipment. The four criteria are:

1. Capable of locomotion, obstacle avoidance, navigation, or movement on the ground;
2. Operates at a distance from a human operator or supervisor based on commands, in response to sensor data, or any combination thereof;
3. Combined weight of the device plus, if applicable, its ground or docking station exceeds 4.4 pounds; and
4. Contains (a) a sensor able to perceive its environment; (b) a component providing network connectivity of at least 200 kbps in either direction; and (c) software, running locally or remotely, that controls the device’s autonomous navigation or movement, perception, data collection, or remote command and control.

The definition captures autonomous mobile robots, humanoid robots, and quadrupeds, but it is not limited to those form factors. Any device meeting all four criteria is covered. Because the definition is functional rather than industry-specific, it may reach certain connected consumer devices, which increases the need for a product-specific analysis.

However, the determination expressly carves out certain types of robotic equipment, including connected vehicles; vehicles that operate only on rails; uncrewed aircraft and unmanned underwater vehicles; medical devices regulated by the Food and Drug Administration, such as surgical robots and mobility aids; and stationary industrial and medical robots.

The “foreign-produced” standard

For both categories, a product is “foreign-produced” unless it would qualify as a “domestic end product” under the Buy American regulations under 48 C.F.R. § 25.101(a). This is a pivot from the prior router order, which focused on whether any major stage of manufacturing, assembly, design, or development occurred outside the United States. As with the drone and router actions, the producer’s nationality is irrelevant; a device that fails the domestic end product test is foreign-produced” regardless of whether a US company built it.

Application for Conditional Approval

A producer of an inverter or a robot may apply for a Conditional Approval that exempts a product or a class of products from the Covered List, allowing it to continue qualifying for FCC equipment authorization. DoW or DHS reviews inverter applications; DoW alone reviews robotics applications. As in the drone context, subsequent DoW or DHS determinations may prompt the FCC to revise the Covered List by recognizing additional exemptions.

Recommendations

• Test non-authorized products against the FCC’s definitions. Determine whether inverter products meet the connectivity test, and whether robotic products satisfy all four prongs.
• Assess product origin under the domestic end product test. Evaluate whether products meet the test for a “domestic end product” under 48 C.F.R. § 25.101(a); if not, they are “foreign-produced” and presumptively covered.
• Consider seeking Conditional Approval. Where US-market access for new models is important, assess the feasibility of an onshoring plan and a Conditional Approval application. Baker McKenzie clients can obtain an application template.
• Review contracts and allocate risk. Examine purchase, supply, and distribution agreements for change-in-law, compliance-with-law, and force majeure provisions, and examine representations concerning FCC authorization status.
• Consult the FCC’s FAQ for additional insights.
• Monitor further agency action. Given the accelerating pace of Covered List additions, regular contact with counsel will help track new determinations, exemptions, and waiver deadlines. 

Regular communication with counsel is important to maintain compliance, identify and mitigate supply-chain risk, and avoid potential enforcement exposure. Baker McKenzie can help clients navigate uncertainty and implement risk mitigation measures to reduce the likelihood of violations. If seeking a Conditional Approval exemption for a foreign-produced device, please consult with your Baker McKenzie contact for an application template.

Ethan Primeaux, Associate, has contributed to this legal update.

1 See National Security Determination on the Threat Posed by Foreign-Produced Power Inverters (July 27, 2026), power-inverter-fcc-determination.pdf; National Security Determination on the Threat Posed by Foreign-Produced Advanced Robotic Devices (July 27, 2026), robots-nsd.pdf.