Why do I require an FCC Designated Agent?

As of February 6th, 2023 the Federal Communications Commission amended the Equipment Authorization Program, under Order FCC 22-84. The purpose of the amendment was principally to ban authorization of devices which pose a threat to national security. The FCC decided that certain communication equipment and companies, would be categorized under a Covered List and further for any devices which are certified by the FCC, an applicant would be required to have a US based Designated Agent who is authorized to process service and receive legal correspondence and official requests for information from the FCC.

The introduction of the Covered List was the primary goal of the FCC, but in the updated rulemaking they also amended 47 CFR § 2.911 Application requirements which are a series of requirements that apply for any application who is going through the FCC certification process. The rule that changed is that all applicants applying for equipment certification n of their device for use in the USA are required to designate an agent located in USA whose purpose is to accept service of process on behalf of the applicant / grantee for each new equipment authorization which is granted.


What exactly does FCC Part 2.911(d)(7) require from the applicant?

  • The applicant shall designate an agent located in the United States for the purpose of accepting service of process on behalf of the applicant

  • The applicant shall provide a written certification, signed by both applicant and its designated agent for service of process

  • The written certification, shall acknowledge the designated agent's obligation to accept service of process in the United States for the applicable equipment and provide a physical U.S. address and email address of the designed agent

  • The applicant shall acknowledge in the written certification to maintain an agent for service of process in the United States for no less than one year after the product is no longer sold or marketed

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