Devices on the Covered List need waivers to continue receiving software updates, the FCC Office of Engineering and Technology said in its waiver extension order on Friday.

“Under this waiver, all Uncrewed Aircraft Systems (UAS), UAS critical components, and routers produced in a foreign country that were authorized for use in the United States prior to these devices being added to the Covered List may at least until January 1, 2029, consistent with FCC rules, continue to receive software and firmware updates that mitigate harm to US consumers,” the FCC engineering office said.

The waiver covers “all software and firmware updates to ensure the continued functionality of the devices, such as those that patch vulnerabilities and facilitate compatibility with different operating systems.” The FCC engineering office said it “will, as soon as practicable, recommend to the full Commission considering codifying this waiver through a rulemaking.”

That means the waiver would become permanent, but the FCC could impose various conditions. This could happen through a rulemaking process in which the public is invited to comment on the impact of proposed changes. But the router ban itself was imposed without any public comment, and the idea of making the software-update waiver permanent is simply a recommendation at this point.

Allowing basic software updates

Extending the waiver to 2029 will “give the Commission an opportunity to consider a rulemaking on this subject,” and reduce “potential harm to the public interest,” the FCC engineering office said. The office said it will recommend making the waiver permanent for existing equipment on the Covered List and “any future covered equipment with similar characteristics.”

The Friday update also extended the waiver to so-called “Class II permissive changes,” while the original waiver covered only Class I changes. This expansion of the waiver seems to be mainly about ensuring that all basic software updates are allowed.

Class I changes include “modifications in the equipment which do not degrade the characteristics reported by the manufacturer,” which can be made without a filing to the commission. Class II changes may degrade the performance characteristics a manufacturer previously reported to the FCC, but the changes are expected to be minimal compared to Class III changes that face more scrutiny to ensure compliance with FCC rules.