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FCC Adds Foreign-Produced Power Inverters to the Covered List: Five Things to Know

Date: 3 August 2026
US Policy and Regulatory Alert

On 28 July 2026, the Federal Communications Commission’s (FCC) Public Safety and Homeland Security Bureau released Public Notice DA 26-786, adding foreign-produced power inverters and, separately, foreign-produced advanced robotic devices to the FCC’s Covered List (the list of communications equipment and services that the FCC has determined pose an unacceptable risk to US national security, maintained pursuant to the Secure and Trusted Communications Networks Act of 2019)—and, as discussed below, is best understood as one of several moves in an accelerating FCC campaign rather than a standalone action. The listing bars new foreign-produced inverter models from the equipment authorization required to import, market, or sell them in the United States. This action follows the pattern set by the FCC’s recent drone and router listings.

The headlines have covered the topline development. Here are the five things you should know beyond the headlines—the details that matter most for compliance planning, starting with the scale of what is at stake: the FCC’s own supporting determination estimates that more than 46 gigawatts of US grid capacity—the rough equivalent of 46 nuclear power plants—already relies on inverters, with tens of gigawatts more in inverter-based solar and battery storage capacity added in just the past year.

The Operative Listing Has No Dated Exceptions, Despite “Transition Period” Language in the Underlying Determination

Read carefully, the notice contains an internal tension: the underlying National Security Determination (the interagency national security determination transmitted to the FCC recommending addition of foreign-produced advanced robotic devices to the Covered List) states that producers who obtain a Conditional Approval (a case-by-case exemption from the Covered List that only the Department of War may grant for a specific device or class) “will allow such producers to continue to receive FCC authorization during the transition period”—language that implies some kind of phase-in. But the operative Covered List entry itself contains no such language: it lists a single, undated exception for “power inverters which have been granted a Conditional Approval.” Compare that to the FCC’s foreign-produced drone entry on the same Covered List, which carries multiple exceptions expressly running on a clock to 1 January 2028, and has been amended repeatedly since December 2025. Nothing comparable appears for inverters. Until the FCC clarifies what the National Security Determination’s “transition period” actually means in operation, companies should not assume they have a formal grace period beyond having a Conditional Approval in hand.

The Connectivity Prong Supports a Real Textual Argument for Narrowing Scope

The National Security Determination defines a covered “power inverter” conjunctively: the device must (a) convert direct current (DC) to alternating current (AC) or AC to DC, and (b) “contain[] components that enable remote communication, control, sensing, data-collection, or monitoring through Wi-Fi, cellular, Bluetooth, or other similar connections.” The second prong is a limitation, not a description. The companion National Security Determination on advanced robotic devices, issued by the same interagency body on the same day, defines its connectivity requirement very differently: it requires “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.” The drafters said “wired or wireless” expressly where they meant to capture both, and they set a throughput floor. The inverter definition does neither: it lists only wireless media and closes with “other similar connections.” That drafting contrast supports reading the inverter connectivity prong to reach wireless-style connections specifically, not every networked interface. Utility-scale inverters that communicate with plant Supervisory Control and Data Acquisition (SCADA) systems over hardwired or fiber connections may have a genuine argument for falling outside the designation as written—a fact-specific, model-by-model question worth running before assuming coverage.

The Conditional Approval Process Functions as a Reshoring Mechanism, Not Just a Security Review

The Conditional Approval pathway is often understood primarily as a security clearance: demonstrating your equipment poses no unacceptable risk and you are exempted from the listing. The published guidance for applicants tells a more layered story. Alongside corporate structure and supply-chain disclosures, applicants are asked to commit to a time-bound US-manufacturing plan—covering capital expenditure, hiring, and facility expansion—with ongoing progress reporting against that plan. A technical security review is not the only, or even the most operationally demanding, part of the task. Manufacturers evaluating whether to seek a Conditional Approval should budget for a genuine onshoring commitment, not just a compliance filing.

Equipment Already in the Field Carries Its Own Distinct Risk

The stakes behind this framework are not abstract. The FCC’s own supporting determination points to a real-world precedent: following a commercial dispute, one non-US inverter manufacturer remotely disabled its inverters already installed in the United States and several other countries. The same determination cites warnings from grid operators that a coordinated cyberattack on inverter-based resources could cause voltage instability, equipment damage, or worse. That is the backdrop against which the FCC is also treating the availability of ongoing software and firmware updates to already-deployed, previously authorized equipment as a distinct problem worth addressing—separately from new-equipment authorization—so that the security rationale for the listing does not end up undermining itself by cutting off patches to fielded devices. Companies with previously authorized foreign-produced inverters in the field should confirm directly with suppliers whether, and on what terms, that patching pathway remains available, rather than assuming it automatically continues.

This Is Not an Isolated Action

The inverter and robotics listings are best read as the latest steps in an accelerating, coordinated campaign rather than a standalone FCC decision. The FCC has taken several Covered List and related supply-chain actions in rapid succession over the past eight months after a much-slower cadence in prior years, each following a national-security determination transmitted by a White House-convened interagency panel. The FCC has also been expanding its authority beyond finished products to reach internal hardware components sourced from listed entities, and has signaled further proposals on the horizon, including software and firmware bills of materials and additional device categories.

This is no longer a peripheral function at the FCC. The FCC’s own Fiscal Year 2027 Agency Performance Plan (the FCC’s annual performance plan submitted to Congress setting out the agency’s performance goals for the fiscal year) elevates “Promote National Security and Public Safety” to one of only four agency-wide strategic goals, describing a mandate to “leverage its new Council on National Security to reduce the American technology and telecommunications sectors’ trade and supply chain dependencies on foreign adversaries, mitigate America’s vulnerabilities to untrusted technologies, and ensure the US wins the strategic competition with China over critical emerging technologies.” Chairman Brendan Carr frames this as a return to first principles, stating that recent national-security actions are “very much a return to the FCC’s core national security role.” The plan commits the FCC to a three-part strategy spanning supply-chain dependency reduction, counter-espionage and surveillance mitigation, and competitiveness in technologies including 5G/6G, artificial intelligence, robotics, and the Internet of Things (the network of physical devices, such as sensors, appliances, vehicles, and industrial equipment, embedded with connectivity that allows them to collect and exchange data over the internet), and it names concrete enforcement workstreams already underway: an initiative working with e-commerce platforms to remove Covered List and otherwise-prohibited listings from online marketplaces, continued identification of foreign-adversary ownership in FCC-licensed and authorized assets, and a parallel effort against test labs and certification bodies with foreign-adversary ties. Companies with any exposure to connected grid equipment, robotics, or broader FCC-regulated hardware should treat this as an evolving, well-resourced program with institutional staying power, not a single event.

Why This Matters

For manufacturers, importers, and buyers of connected power inverters and increasingly, for a wider range of FCC-regulated hardware, this action changes near-term product planning, supplier diligence, and contract risk allocation. The precise scope of what is covered, the practical mechanics of the Conditional Approval process, and the residual exposure on installed equipment all turn on details that are easy to get wrong from the headlines alone.

We are tracking this docket closely, including the definitional questions, the Conditional Approval guidance as it develops, and any further Covered List expansions. If you have foreign-produced connected inverters (or other connected hardware) in your supply chain, product roadmap, or customer base, we will welcome the opportunity to discuss how this action affects your specific situation.

This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients.

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