Devices included in the covered list require an exemption to continue receiving software updates, the FCC Office of Engineering and Technology said in its exemption extension order on Friday.
The FCC engineering office said, “Under this exemption, all uncrewed aircraft systems (UAS), UAS critical components, and routers produced in a foreign country that were authorized for use in the United States before these devices were added to the covered list may, until at least January 1, 2029, continue to receive software and firmware updates, consistent with FCC rules that minimize harm to U.S. consumers.”
The waiver covers “all software and firmware updates to ensure the continued functionality of the device, such as patching vulnerabilities and facilitating compatibility with different operating systems.” The FCC Engineering Office said it would “recommend to the Full Commission to consider codifying this exemption through a rule as soon as possible.”
This means the exemption will become permanent, but the FCC can impose various conditions. This may occur through a rule-making process in which the public is invited to comment on the impact of proposed changes. But the router ban was imposed without any public comment, and the idea of making the software-update exemption permanent is only a recommendation at this point.
Allowing basic software updates
The FCC Engineering Office said that extending the exemption to 2029 would “provide the Commission an opportunity to consider rulemaking on this topic” and reduce “potential harm to the public interest.” The office said it would recommend making the exemption permanent for existing devices on the covered list and “any future covered devices with similar characteristics.”
Friday’s update also extended the exemption to so-called “Class II permissible changes,” whereas the original exemption covered only Class I changes. This expansion of the exemption appears to be primarily about ensuring that all basic software updates are allowed.
Category I alterations include “modifications to the equipment that do not impair the characteristics reported by the manufacturer”, which can be made without filing with the Commission. Changes to Class II may reduce performance characteristics previously reported by the manufacturer to the FCC, but changes are expected to be minimal compared to changes to Class III, which face greater scrutiny to ensure compliance with FCC rules.
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