On November 25, 2022, the Commission released its Report and Order, Interim Freeze Order, and Further Notice of Proposed Rule-making concerning “Protecting Against Security Threats to the Communications Supply Chain through the Equipment Authorization Program,” FCC 22-84. FCC 22-84m paragraphs 264-66 covering the Interim Freeze Order portion of this decision adopts a “freeze” effective immediately. That means the complete halt of processing or granting of certain equipment authorization applications. The “Interim Freeze Order” as a temporary prohibition until more effective rules can be adopted to combat security leaks in the communication supply chain.

Concerning “covered” equipment in the Interim Freeze pursuant effective immediately, all Telecommunications Certification Bodies (TCBs_ are directed to cease processing applications or granting authorization of any equipment produced by entities identified by the Commission’s “Covered List” that are listed as producing “covered” equipment.

Here is the current list of companies under the Interim Freeze

1. Huawei Technologies Company - telecommunications equipment including video surveillance services provided by this entity or using such equipment
2. ZTE Corporation -telecommunications equipment including video surveillance services provided by this entity or using such equipment
3. Hytera Communications Corporation - video surveillance and telecommunications equipment to the extent it is used for purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, including telecommunications or video surveillance services provided by such entity or using such equipment
4. Hangzhou Hikvision Digital Technology Company - video surveillance and telecommunications equipment to the extent it is used for purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, including telecommunications or video surveillance services provided by such entity or using such equipment
5. Dahua Technology Company - video surveillance and telecommunications equipment to the extent it is used for purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, including telecommunications or video surveillance services provided by such entity or using such equipment
6. AO Kaspersky Lab or any of its predecessors, successors, parents, subsidiaries, or affiliates - Information security products, solutions, and services supplied directly or indirectly
7. China Mobile International USA Inc - international telecommunications services subject to section 214 of the Communications Act of 1934
8. China Telecom (Americas) Corp. - telecommunications services subject to section 214 of the Communications Act of 1934
9. Pacific Network Corp and it’s wholly-owned subsidiary ComNet (USA) LLC - international telecommunications services subject to section 214 of the Communications Act of 1934
10. China Unicom (Americas) Operations Limited - international telecommunications services subject to section 214 of the Communications Act of 1934

The inclusion of producers or providers of equipment or services identified on this list should be red to include the subsidiaries and affiliates of such entities. Where equipment or services on the list are identified by category, such category should be construed to include only equipment or services capable of the functions outlined in section 2(b)(2)(A), (B), or (C) of the Secure and Trusted Communications Networks Act of 2019, 47 U.S.C. § 1601(b)(2)(A)-(C). The definitions fro subsidiaries and affiliates adopted in the Report and Order can be found in the Report and Order FCC 22-84, paragraphs 183—84.

As explained in the Interim Freeze Order, All TCBs are not permitted to process applications or grant authorization for any equipment that is produced by these companies. Pursuant to TCB responsibilities under 47 CFR section 2.962(F)(1), TCBs are expected to evaluate all applicants and applications to ensure absolute compliance. TCBs, applicants, and responsible parties are expected to be extra vigilant in taking appropriate actions to ensure, immediately, that no applications for authorizations are processed or granted for equipment subject to the freeze. If for any reason a TCB believes that the equipment associated with the application is or may be produced by any of the previously named entities, or by a subsidiary or affiliate of any of the named entities, TCBs should consider the applying equipment subjected to the freeze. If the TCB is unclear as to whether the equipment associated with an application is or may be produced by any of the entities identified above, then the next step a TCB should take is to submit a KDB inquiry and wait for guidance from the KCC before granting the authorization.

The FCC has already started taking certain actions that will assist in implementing the interim freeze. It has already deferred certain primary grantee codes associated with entities identified on the Covered List, including specific grantee codes associated with equipment produced by the named entities. The FCC will defer additional grantee codes if it has reason to believe that the grantee codes are associated to equipment being produced by any of the entities named, their subsidiaries, or affiliates. While the FCC is taking action, they need TCBs to continue to be vigilant to ensure compliance within the freeze. This means that the TCB’s reliance solely on the deferred grantee codes is insufficient for meeting its responsibilities in implementing the freeze.

Further guidance from the FCC on implementing the rules adopted in the Report and Order is being developed and will be provided at the earliest possible date.