FCC extends software update waiver for foreign routers and drones to 2029
The Federal Communications Commission has pushed the deadline for firmware patches on covered foreign-made routers and uncrewed aircraft systems to January 1, 2029, while expanding the scope to include broader compatibility changes.
The Federal Communications Commission has extended a waiver permitting foreign-made routers and drones to receive software and firmware updates until January 1, 2029. This decision follows a ban on new foreign router hardware imposed in March for national security reasons, creating a complex regulatory environment where existing devices can function while new imports remain prohibited.
The extension applies to devices previously authorised for sale in the United States, including those from manufacturers such as TP-Link and DJI, which have not yet received specific hardware exemptions. While the hardware ban remains in effect, the agency may recommend making the update waiver permanent through a future rulemaking process to provide greater certainty for the market.
In addition to the timeline extension, the FCC expanded the waiver to include Class II permissive changes. This ensures broader compatibility updates beyond standard security patches, covering modifications that may slightly degrade performance characteristics but are expected to be minimal. The original waiver covered only Class I changes, which do not degrade reported equipment characteristics.
The agency states that the waiver covers all software and firmware updates necessary to ensure the continued functionality of the devices, including those that patch vulnerabilities and facilitate compatibility with different operating systems. This approach aims to mitigate harm to US consumers while the Commission considers the long-term implications of the restrictions.
The FCC engineering office has recommended that the full Commission consider codifying this waiver as permanent through a future rulemaking process, though this recommendation is not yet final law. Such a process would invite public comment on the impact of proposed changes, contrasting with the initial hardware ban which was imposed without a public comment period.
While the extension alleviates some concerns among router makers and users, the ban on new hardware remains a source of ongoing uncertainty. Chinese companies, including DJI and TP-Link, face significant hurdles in obtaining exemptions, with TP-Link having relocated to the US in 2024 yet still awaiting clearance amid scrutiny over alleged hacking campaigns.
