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Conditional Approval

What a Conditional Approval is, and what it takes to get one.

A Conditional Approval removes a named foreign-produced device from the FCC Covered List. The FCC publishes the list and routes the application. The Department of War, and for some categories the Department of Homeland Security, makes the national-security judgment. An approval takes the named models out of a listing. It does not add them to one.

It is not an equipment authorization. A Conditional Approval makes the device eligible to obtain one, through a Telecommunication Certification Body under 47 CFR Part 2 Subpart J. Testing, the FCC ID and the grant of certification all still follow in the ordinary way, after the approval is in hand.

Four entries carry the route. Uncrewed aircraft systems and UAS critical components were listed December 22, 2025. Routers followed on March 23, 2026. Power inverters and advanced robotic devices were both added July 28, 2026. As of the register pull of September 10, 2026 the published register holds 18 approvals for UAS, 21 for routers, one for advanced robotic devices, and none for power inverters.

The Engagement

How Gatewell runs a Conditional Approval engagement.

A Conditional Approval turns on an operating record rather than a legal argument: who owns you, who supplies you, and whether your US manufacturing plan is real. Gatewell Group is not a law firm and does not provide legal advice. Filings are prepared with supervising counsel.

Every engagement opens with the diagnostic, and some end there. We decline the cases we would not bet on.

Weeks 1 to 2

Exposure Diagnostic

Covered status by product, grandfathering position, pathway selection, and a documented risk-factor assessment against published grant patterns. It ends in a written recommendation and sets the fixed fee for anything that follows. Half the fee credits against a full engagement.

Weeks 3 to 8

The Evidentiary Build

Corporate structure and beneficial ownership to the five percent level the guidance requires, per-component bill-of-materials origin, supply-chain concentration by value and by volume, sole-source contingencies, and the time-bound onshoring plan: site, partner, capital phasing, hiring.

Weeks 9 to 12

Filing and Agency Review

Submission by email to the category’s intake address as a machine-readable PDF, over an authorized officer’s certification. We manage supplemental requests and all agency correspondence. Your engineers speak to us, not to Washington.

Post-filing

Grant and Conditions

Publication on the register, a condition-compliance calendar, then equipment authorization through accredited laboratories and a Telecommunication Certification Body. Filing-to-grant intervals are not published. What is observable is the announcement record and the January 1, 2028 close on the inverter and robotics window.

Standing

Standing Compliance

Quarterly point-of-contact status reports to the issuing agency, the material-change disclosure file, updated-vetting readiness, and milestone evidence against the onshoring plan. Router grants carry termination dates, so the re-application calendar opens the day the grant publishes.

Fees are published, fixed, and staged against milestones.

  • Covered-List Exposure Diagnostic$7,500 to $15,000
  • Conditional Approval filing, single model$95,000 to $125,000
  • Conditional Approval filing, product family$150,000 to $300,000
  • Condition maintenance after grant$20,000 to $30,000 a year

The full schedule is at Services, and an engagement begins at Contact.

Questions on Conditional Approval

Who grants a Conditional Approval, and how does the application get there?

The Department of War grants it. For power inverters, routers and UAS the Department of Homeland Security can review instead. The Commission does not make the national-security call. An application arrives at the FCC by email, to conditional-approvals@fcc.gov as a machine-readable PDF, or to drones@fcc.gov for uncrewed aircraft.

Source: Conditional Approval guidance to the National Security Determinations of July 27, 2026, intake section.

Can a distributor or an importer apply, or does it have to be the manufacturer?

Any entity involved in producing the device can apply. The Commission was asked directly whether the applicant must be the manufacturer, the OEM that designs the device, or a service provider that purchases them, and that was its answer. It did not extend the answer to a party with no role in production.

Source: FCC Covered List FAQs on advanced robotic devices and power inverters, Conditional Approval section, read September 8, 2026.

Can one application cover a whole product line instead of one model?

Yes. The National Security Determinations permit applications covering classes of foreign-produced advanced robotic devices and power inverters. The register shows the practice running in the router lane, where Calix moved from a single model on May 6, 2026 to a four-model list on June 1 to a class grant on July 24.

Source: FCC Covered List FAQs, Conditional Approval section, read September 8, 2026; FCC Covered List, Conditional Approvals tab, pulled September 10, 2026.

What does the application have to contain?

Ownership, supply chain and a time-bound US manufacturing plan. Ownership runs to beneficial owners at five percent equity or more and any foreign-government ownership, control, influence, financing or material support. Supply chain is a full bill of materials with country of origin for every component.

The plan justifies why the device is not currently manufactured in the United States and commits capital over one to five years. The guidance does not set a standard of proof.

Source: Guidance Documents for Power Inverters and Advanced Robotics Conditional Approvals, Annex A to the National Security Determinations of July 27, 2026.

How many have been granted, and how fast did each category open?

18 for UAS, 21 for routers, one for advanced robotic devices, and none for power inverters, as of the register pull of September 10, 2026. UAS opened March 17, 2026, routers April 14, three weeks after listing, and robotics September 9, six weeks after listing. Power inverters were listed the same day as robotics. They are still at zero. Our reading of every grant on the register is public on this site.

Source: FCC Covered List, Conditional Approvals tab, pulled September 10, 2026.

What does a termination date on a router grant actually mean?

It is the date the approval stops. Every router Conditional Approval on the register as pulled September 10, 2026 carries one. The earliest falls October 1, 2027, and the most recent pair, ASUS Computer International and Comtrend Corporation, run to March 6, 2028. The dates cluster rather than counting a fixed term forward from each grant.

Source: FCC Covered List, Conditional Approvals tab, pulled September 10, 2026; FCC Public Notice DA 26-957, September 9, 2026.

Why do UAS grants have no end date?

They run indefinitely, on a condition. Since the National Security Determination of July 21, 2026, a UAS approval that shows no termination date remains effective, in the register’s words, “so long as the entity that received Conditional Approval abides by the onshoring plan outlined in its Conditional Approval application and pursuant to updated vetting of the products.” The onshoring plan is the renewal mechanism.

Source: FCC Covered List, Conditional Approvals tab and appendix footnote, pulled September 10, 2026.

Why does the robotics grant show no end date?

The record does not say. The register shows the Husqvarna AB grant of September 9, 2026 with a start date and nothing after it. The appendix footnote that makes an open-ended grant indefinite is written for UAS and keyed to the determination of July 21, 2026, so it cannot account for this grant.

Source: FCC Public Notice DA 26-957, Appendix B and appendix footnote, September 9, 2026; FCC Covered List, Conditional Approvals tab, pulled September 10, 2026.

What happens if the onshoring plan slips?

You report it. A dedicated point of contact files status with the issuing agency quarterly, and material changes must be disclosed promptly. No action against a Conditional Approval holder over onshoring performance has been published. A knowing violation or material misrepresentation terminates the approval and precludes re-applying.

Source: Conditional Approval guidance to the National Security Determinations of July 27, 2026, onshoring section; FCC Covered List, appendix footnote, pulled September 10, 2026.

Can I change the product while it is still covered?

Software and firmware updates are permitted under a waiver. Hardware changes are not. Covered equipment is excluded from the permissive-change procedures at 47 CFR 2.932(b) and 2.1043(b).

The Office of Engineering and Technology waived that bar for software and firmware updates to covered power inverters and advanced robotic devices authorized before July 28, 2026, at least until January 1, 2029. From October 13, 2026 the bar also reaches a change that would move production to a Covered List entity.

Source: 47 CFR §§ 2.932(b), 2.1043(b); OET Public Notice DA 26-789, ET Docket 21-232, July 28, 2026; FCC 26-50 Third Report and Order, 91 FR 57798, effective October 13, 2026.

Does a Conditional Approval survive an acquisition?

The public record does not answer that for the approval itself. Equipment authorizations do not expire and there is no renewal procedure. What a change of control does trigger is a fresh certification that the equipment is not prohibited under 47 CFR 2.903. Treat it as a material change to disclose to the issuing agency.

Source: 47 CFR §§ 2.903, 2.927(a), verified August 23, 2026; Conditional Approval guidance to the National Security Determinations of July 27, 2026, material-change disclosure.

What gets an application refused?

The record does not show, because denials are not published. Only grants reach the register. All decisions are final. A knowing violation or material misrepresentation terminates the approval and precludes the applicant from re-applying.

In August 2026 the Commission revoked both equipment authorizations held by Odyssey Robot LLC after the company said its drones were assembled in Texas and the named Texas assembler told the Commission it had never had any connection with them. Agencies write to the counterparties named in a file.

Source: Conditional Approval guidance to the National Security Determinations of July 27, 2026, certification section; FCC Order of Revocation DA 26-839, ET Docket 26-186, August 11, 2026.

Does applying put my company on a list?

No. The four category entries reach equipment by where it is produced. The Commission’s August 20, 2026 notice on the inverter entry states that these entries are identified “by place of production, not by entity.” An entity producing those devices in a foreign country is not considered identified on the Covered List.

Source: FCC Public Notice DA 26-870, August 20, 2026; FCC Covered List FAQs, read September 8, 2026.

Does a Conditional Approval protect a product I already sell?

On the drone precedent, yes, for as long as it remains in force. The Commission has begun prohibiting the importation and marketing of previously-authorized covered equipment. Two July 2026 notices propose extending it. Both expressly place equipment granted a Conditional Approval outside the prohibition.

Source: FCC Public Notices DA 26-742, July 17, 2026, and DA 26-758, July 21, 2026; 47 CFR § 2.939(e).

Start with the diagnostic.

Two weeks, a fixed fee, and a written judgment on your US pathway, with half the fee credited if we proceed together. Bring your model list and your organization chart.

+1 (213) 558-2221

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