FCC Test Lab Recognition Rules: 2028 Cutoff Up for Vote
FCC Test Lab Recognition Rules: Draft Order Would End Labs and TCBs in Non-Reciprocal Economies by 2028
FCC test lab recognition rules are heading for their biggest change in years. On 8 October 2026, the Federal Communications Commission (FCC) released a draft Third Report and Order in ET Docket No. 24-136 for its 29 October 2026 Open Meeting. If adopted, the FCC would only recognize Test Labs, Telecommunications Certification Bodies (TCBs) and laboratory accreditation bodies located in the United States or in a Reciprocal Economy, with a single transition date of 1 December 2028.
The text is still a draft. The FCC says the issues "remain under consideration and subject to change" until the vote.
Background: The FCC's equipment authorization integrity proceeding
RF devices that need certification can't be marketed or imported in the United States until a TCB grants them, based on reports from FCC-recognized Test Labs. In 2025, the FCC already barred labs and TCBs owned or controlled by "prohibited entities", including foreign adversaries. In May 2026, it opened the question of whether to stop recognizing labs in countries without reciprocal arrangements.
The draft explains why. According to FCC data, the share of FCC testing done in the People's Republic of China grew from about 13% in 2007 to more than 82% in 2025, while the US share fell below 4%. The FCC says roughly five out of every six RF devices are now tested in economies with which the United States has no reciprocal conformity assessment agreement.
Key Changes in the FCC Test Lab Recognition Rules
Who counts as a Reciprocal Economy
A Reciprocal Economy is an economy that has a Mutual Recognition Agreement (MRA) or a trade agreement with comparable reciprocal provisions with the United States. Appendix D lists them, including the EU member states, the United Kingdom, Japan, South Korea, Taiwan, Hong Kong, Singapore, Malaysia, Vietnam, Canada and Mexico, plus several countries with newer reciprocal trade agreements. OET will publish and update the list. In its cost analysis, the FCC gives China, India and Switzerland as examples of non-reciprocal economies.
Test Labs
The FCC wouldn't recognize any Test Lab located in a non-Reciprocal Economy. The prohibition applies to equipment authorization applications received on or after 1 December 2028.
TCBs and accreditation bodies
The same location rule would apply to TCBs and laboratory accreditation bodies. The FCC notes that none are currently located in non-Reciprocal Economies, so this mostly codifies existing practice.
Covered activity
A lab or TCB can't avoid the rule by keeping its headquarters in a Reciprocal Economy while doing the work elsewhere. For labs, "covered activity" means test setup, measurements, technical analysis and preparing or approving the test report relied on for certification. Pre-compliance and R&D testing that isn't used in an application, calibration, administration and unrelated global operations aren't covered. A lab may still test for other countries' approvals inside a non-Reciprocal Economy.
Transition, existing grants and waivers
From 1 December 2026, OET would keep granting recognition to labs in non-Reciprocal Economies, but only up to 1 December 2028. Certifications granted before that date stay valid unless separately revoked. The FCC declines to create a special waiver route, and OET will issue implementation guidance before the Transition Date.
What wasn't adopted
A broader ban on labs owned or controlled by entities in non-Reciprocal Economies was not adopted. It stays open in the Third Further Notice, which also asks about Legal Entity Identifiers, post-market surveillance, requiring SDoC testing in recognized labs and modernizing the Equipment Authorization System.
What This Means for Manufacturers
Any product line tested in a lab in a non-Reciprocal Economy needs a new testing route for applications filed from 1 December 2028.
Existing FCC IDs aren't affected. Applications received from 1 December 2028 are, including those for new models.
Lab capacity in the US and Reciprocal Economies may tighten as the date nears, so book capacity early.
Global labs need to show their FCC covered activity happens only in the US or Reciprocal Economies.
SDoC products aren't covered by this order, but the Further Notice asks whether they should be tested in recognized labs.
Certification Impact Summary
Area | Before | After | Impact level |
Test Lab location | Labs in any country could be recognized (except prohibited entities) | US or Reciprocal Economies only, for applications from 1 December 2028 | High |
TCB and accreditation body location | TCBs designated under MRAs; no explicit location rule | Explicit US or Reciprocal Economy requirement | Low |
Where FCC testing happens | No restriction on place of covered activity | Covered activity must take place in the US or a Reciprocal Economy | High |
Recognitions granted 2026–2028 | Normally two years | Shortened to end on 1 December 2028 | Medium |
Existing grants | Valid | Remain valid unless separately revoked | Low |
Waivers | General FCC waiver rule | No special waiver route; general rule still applies | Medium |
Timeline and Required Actions
Key Dates
Date | Milestone |
8 October 2026 | Draft Third Report and Order and fact sheet released |
29 October 2026 | FCC Open Meeting vote |
1 December 2026 | Recognitions for non-Reciprocal Economy labs start to be shortened |
To be confirmed | Federal Register publication; Further Notice comments due 30 days later |
1 December 2028 | Applications received from this date must rely on US or Reciprocal Economy testing |
Required Actions for Manufacturers
List where each product family is tested today, and flag labs in non-Reciprocal Economies.
Check your labs and TCBs against the Reciprocal Economies list in Appendix D.
Qualify alternative labs in the US or a Reciprocal Economy and plan budgets for 2027–2028.
Time new FCC filings around 1 December 2028, especially for products with long development cycles.
Follow the 29 October vote and OET's implementation guidance, and consider commenting on the Further Notice.
Conclusion
If adopted as drafted, the new FCC test lab recognition rules will move most FCC testing out of non-Reciprocal Economies by 1 December 2028. Existing grants are safe, but new certifications will need a different testing route. Contact our team for support with FCC certification planning and lab selection across Reciprocal Economies.
