AT&T noted in its successful petition that software and firmware changes “are not the only updates necessary to ensure continued functionality of previously approved devices.” But as of now, “permissive changes to Class I and Class II hardware remain prohibited for other vendors,” the NCTA said.
FCC router ban adds layer of bureaucracy
Before the FCC added all foreign-made routers to the Covered List, cable companies could make the necessary changes without special permission, the NCTA said:
Regarding permissive changes for routers, alternative sources, as well as higher density sources such as 64GB eMMC, are generally a pin-to-pin replacement and space compatible for a lower density part, so they can be placed directly into existing routers without other changes to the device hardware. Before foreign-made routers were added to the Covered List, this change would generally have been classified as a Class I permissive change, as it involves no degradation of device performance and requires no changes to the device or other hardware components. However, NCTA member vendors are now unable to make these memory changes given prohibitions on permissive changes to router hardware.
Router manufacturers can seek “conditional approvals” that allow them to import and sell new models, and must present a justification for the use of foreign manufacturing and a “detailed, time-bound plan to establish or expand manufacturing in the United States.” The process includes more than just the FCC, as hardware manufacturers must obtain a determination from the Department of Defense or the Department of Homeland Security that the router does not pose national security risks.
netgear and otherslike Amazon subsidiary Eero, were quick to apply for and obtain conditional approvals. Chinese companies are expected to have the most trouble obtaining exemptions. The process also applies to foreign-made drones and adds a layer of bureaucracy for hardware makers looking to upgrade existing products or import new models.
The NCTA said the exemption it seeks will avoid problems as cable ISPs and their providers navigate the process of obtaining company-specific exemptions.
“The specific waiver requested by NCTA on behalf of its suppliers would allow continued production of existing devices in the near term while members work with their suppliers on Conditional Approval applications, and is intended to prevent sudden and abrupt disruptions that would harm vast swaths of American consumers who are customers of NCTA members,” NCTA said.
