Tech products that are packaged and ready for sale aren’t launching in the US as planned right now, thanks to the government shutdown.
Earlier this month, Leica delayed its M EV1 camera due to holdups on approval from the partially shuttered Federal Communications Commission (FCC). The WiiM Sound audiophile speaker, currently shipping in international markets, has been delayed in the US for the same reason. Razer also delayed the US availability of its Raiju V3 Pro wireless controller, saying that it’s waiting on clearance. Numerous other devices might be in the same boat, and the longer the shutdown stretches, the worse the backlog will get.
Any product that emits radio frequencies cannot be sold in the US until the FCC provides clearance, ensuring the emissions fall within approved frequencies and don’t cause interference with other devices. Typically, this is a routine process. But because it’s not considered an essential function of the agency, as the government shutdown enters its 28th day, manufacturers are facing a growing backlog with no end in sight, says Harold Feld, SVP at Public Knowledge. “You can’t get them off the boats until they have their certification,” Feld tells The Verge.
Government shutdowns have impacted FCC approval in past years, but even if the shutdown ends soon, the application queue likely won’t be cleared as quickly as companies hope. “The FCC has lost a large number of engineers as a result of retirement,” Feld says. While he believes it mostly avoided the purge that befell some other agencies under Elon Musk’s Department of Government Efficiency, he says it’s still dealing with an aging, dwindling workforce of people to test the devices it approves.
More disruptive yet is how the FCC under the Trump administration is reshaping its rules, which could lead to unexpected product delays and confusion. On September 8th, the agency decertified numerous Chinese testing labs that companies used to verify that their products’ radio frequency emissions met FCC standards. FCC Chairman Brendan Carr boasted that these “Bad Labs” were decertified as a step in “restoring trust in the Commission’s equipment authorization process, and combatting foreign adversary threats.” But it means companies need to add one more step to their process: “You have to go and find another lab that has still got its certification in order to certify your product,” says Feld.
Finding a different lab to get FCC clearance may still be only a short-term fix, because the agency met this week, per the FCC’s agenda, to discuss further modifying which labs are authorized and which present what it dubs national security threats. Feld expects that the agency may further screen out more labs and change rules, both of which could spell unexpected hurdles in product release timelines, including longer waits for regulatory clearances.
“The fact that the rules, to a certain degree, are in flux, makes it harder for companies to project going forward what they’re going to need to do,” Feld says. The more immediate threat is the shutdown itself, and US tech trade groups are weighing in: “The shutdown-driven pause in device certifications prevents U.S. tech companies from bringing innovative products to market,” Consumer Technology Association (CTA) CEO Gary Shapiro told The Verge in a statement. “We urge Congress to pass a budget and reopen the government so these and many other critical processes Americans rely on can move forward.”
Before the shutdown, companies gearing up for a big holiday-timed product launch sought FCC certification months in advance. However, more companies may feel the need to adopt proactive plans to factor in the possible delays in dealing with the FCC. That likely presents a big adjustment for many companies, as they may need to lock in final manufacturing samples earlier in the product development process.
We reached out to the FCC asking whether the government shutdown was to blame for impacting its ability to provide clearances for tech products. It auto-responded with an email saying that it can’t answer emails because of the government shutdown.
Update, October 29th: Added a statement from Consumer Technology Association CEO Gary Shapiro.