Federal Communications Commission DA 25-795 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Chongqing Academy of Information and ) ET Docket No. 25-268 Communications a/k/a Chongqing Academy of ) Information and Communications Technology ) Designation No. CN1239 ) ) ) ) NOTICE OF INTENT TO BEGIN PROCEEDINGS TO WITHDRAW RECOGNITION AS AN ACCREDITED TEST LABORATORY Adopted: September 8, 2025 Released: September 8, 2025 By the Acting Chief, Office of Engineering and Technology: I. INTRODUCTION 1. Pursuant to our authority under sections 302(e) of the Communications Act of 1934, as amended (the Act),1 the Acting Chief of the Office of Engineering and Technology (OET) provides notice to Chongqing Academy of Information and Communications aka Chongqing Academy of Information and Communications Technology (CAIC or Company)2 that the Federal Communications Commission (FCC or Commission) intends to begin proceedings to withdraw its recognition of CAIC as an accredited test laboratory, pursuant to sections 2.951(d)(1) and (e) of the Commission’s rules, as adopted in its recent Equipment Authorization Integrity Report and Order.3 CAIC may respond to this Notice by October 14, 2025, to demonstrate why the Commission should not begin proceedings to withdraw its recognition on the basis that the Company is owned by, controlled by, or subject to the direction of a prohibited entity, as defined under section 2.902 of the Commission’s rules.4 II. BACKGROUND 2. Legal Framework. Under section 302 of the Act, the Commission has adopted technical standards and authorization procedures for equipment that emits radio frequency (RF) energy and that can 1 47 U.S.C. § 302a(e). 2 OET lists this entity in the database as Chongqing Academy of Information and Communications. See FCC, Office of Engineering and Technology, Equipment Authorization System, Test Firm Search, https://apps.fcc.gov/oetcf/eas/reports/TestFirmSearch.cfm?calledFromFrame=N (search for test firm name “Chongqing”) (last visited Sept. 4, 2025). However, the Company uses Chongqing Academy of Information and Communications Technology in test reports. See, e.g., FCC, Office of Engineering and Technology, Test Report for NOBO Automotive Technologies Co., Ltd., https://apps.fcc.gov/oetcf/eas/reports/TestFirmSearchResultApps.cfm?attachment_application_id=558044&show_re cords=10 (FCC ID 2A7V5-IN90-OS-1) (last visited Sept. 4, 2025). 3 47 CFR § 2.951(d)(1), (e); see Promoting the Integrity and Security of Telecommunications Certification Bodies, Measurement Facilities, and the Equipment Authorization Program, Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 24-136, FCC 25-27, para. 94 (2025) (Equipment Authorization Integrity R&O). 4 47 CFR § 2.902. Federal Communications Commission DA 25-795 cause harmful interference to radio communications.5 In doing so, the Commission has authorized the use of test labs and has established appropriate standards and qualifications for those labs.6 The Commission will not recognize any test lab that fails to meet all of the appropriate standards, including standards that concern the integrity and trustworthiness of the test lab. In the Equipment Authorization Integrity R&O, the Commission adopted rules to promote the integrity of our equipment authorization program and to protect our communications equipment supply chain from entities posing unacceptable risks to national security.7 These rules “ensure that the . . . measurement facilities (test labs) . . . that participate in our equipment authorization program are not subject to ownership, direction, or control by untrustworthy actors that pose a risk to national security.”8 3. Section 2.951(d) of the Commission’s rules provides that the Commission will withdraw its recognition of any laboratory that is owned by, controlled by, or subject to the direction of a prohibited entity, as defined by section 2.902 of the Commission’s rules.9 Section 2.902 partly defines “owned by, controlled by, or subject to the direction of” to mean any entity in which any other entity “directly or indirectly possesses or has the power (whether or not exercised) to determine, direct, or decide important matters affecting the subject entity,” or any entity that “acts in any other capacity at the order or request of another entity or whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part, including being part of a governmental structure or hierarchy.”10 This rule further provides that “prohibited entities” include entities that have been determined to be a foreign adversary by the Secretary of Commerce, based on Executive Branch sources, and are listed in 15 CFR § 791.4.11 4. Factual Background. CAIC is an accredited test laboratory based in Chongqing, People’s Republic of China that is recognized by the FCC to test a wide range of RF devices for compliance with applicable FCC rules.12 CAIC is accredited by the American Association for Laboratory Accreditation (A2LA) in accordance with ISO/IEC 17025:2017 with certification number 4897.0113 and FCC lab designation number CN1239.14 Since its initial accreditation in 2018, CAIC has performed testing that 5 47 U.S.C. § 302a(a); see generally 47 CFR pt. 2 subpt. J (equipment authorization procedures). 6 47 U.S.C. § 302a(e)(1), (3); see 47 CFR § 2.948. 7 See Equipment Authorization Integrity R&O, FCC 25-27, paras. 1, 8. 8 Id. at para. 1. 9 47 CFR § 2.951(d)(1). “The Commission will notify a laboratory in writing of its intention to withdraw the laboratory’s recognition and provide at least 30 days for the lab to respond.” Id. § 2.951(e). 10 47 CFR § 2.902. 11 Id. 12 CAIC is accredited by the American Association for Laboratory Accreditation (A2LA) and recognized by the FCC to test unintentional radiators, ISM (industrial, scientific, and medical Equipment), intentional radiators, UPCS, U-NII without DFS Intentional Radiators, U-NII with DFS Intentional Radiators, Commercial Mobile Services, General Mobile Radio Services, Citizens Broadband Radio Services, and RF Exposure. CAIC (FCC designation number CN1239) was last recognized by the FCC on April 9, 2024, with a recognition expiration date of April 8, 2026. 13 See A2LA, Chongqing Academy of Information and Communications Technology, “Organization/Accreditation Information,” https://customer.a2la.org/index.cfm?event=directory.detail&labPID=DFC4B12B-8D3C-454D-8237- 2F56D6D77E6C (last visited Sept. 4, 2025). CAIC is also in Canada under CAB identifier CN0044. 14 While the FCC may recognize a foreign test lab (measurement facility) pursuant to section 2.951 of the Commission’s rules, the FCC does not itself accredit such labs. See 47 CFR § 2.951(a), (e). 2 Federal Communications Commission DA 25-795 contributed to more than 170 equipment certifications.15 According to CAIC’s A2LA accreditation information, CAIC shares the same domain name (caict.ac.cn) as Telecommunications Technologies Labs, CAICT (TTL).16 TTL is a department within China Academy of Information and Communications Technology (CAICT).17 CAICT is a “scientific research institute directly under the Ministry of Industry and Information Technology (MIIT),”18 which itself is an agency under the State Council of the People’s Republic of China (PRC or China).19 The U.S. Department of Commerce has determined, based on numerous Executive Branch sources, that the PRC is a foreign adversary.20 III. DISCUSSION 5. The PRC is a prohibited entity that is identified within section 2.902 of the Commission’s rules.21 OET has tentatively determined that CAIC is owned by, controlled by, or subject to the direction of the PRC, a prohibited entity pursuant to sections 2.951(d)(1) and 2.902 of the Commission’s rules.22 Therefore, OET hereby provides notice of the Commission’s intent to begin proceedings to withdraw its recognition of CAIC, as required by section 2.951(e) of the Commission’s rules. 15 Certification test reports and other equipment authorization documents can be found on the Commission’s website by searching for the FCC ID in OET’s equipment authorization database, https://apps.fcc.gov/oetcf/eas/reports/GenericSearch.cfm (last visited Sept. 4, 2025). 16 See A2LA, Chongqing Academy of Information and Communications Technology, “Organization/Accreditation Information,” https://customer.a2la.org/index.cfm?event=directory.detail&labPID=DFC4B12B-8D3C-454D-8237- 2F56D6D77E6C (last visited Sept. 4, 2025); A2LA,Telecommunication Technology Labs, CAICT, “Organization/Accreditation Information,” https://customer.a2la.org/index.cfm?event=directory.detail&labPID=C812F595-31E7-4FA3-9427-145FA582EA47 (last visited Sept. 4, 2025). 17 See, e.g., CAICT, About Us, http://www.caict.ac.cn/english/about/dept/ (listing CTTL Terminal Labs as a business department within CAICT) (last visited Sept. 4, 2025). 18 See, e.g. CAICT, About Us, http://www.caict.ac.cn/english/about/202004/t20200413_279063.html (last visited Sept. 4, 2025). In 2014, the China Academy of Telecommunication Research of the Ministry of Industry and Information Technology became the China Academy of Information and Communications Technology (CAICT). Id. In the People’s Republic of China, CAICT implements policies of the Chinese government by “provid[ing] support to the development and implementation of a series of major national strategies and policies concerning ICT [Information and Communications Technology] and the integration of industrialization and information.” CAICT, Business, http://www.caict.ac.cn/english/buss/202004/t20200417_279512.html (last visited Sept. 4, 2025). 19 “The Ministry of Industry and Information Technology of the People’s Republic of China was founded in 2008 as a department of the State Council responsible for the country’s industrial branches and information industry.” State Council, People’s Republic of China, Ministry of Industry and Information Technology, https://english.www.gov.cn/state_council/2014/08/23/content_281474983035940.htm (last visited Sept. 4, 2025). 20 15 CFR § 791.4(a)(1). 21 47 CFR § 2.902 (establishing that entities identified as “foreign adversaries” in 15 CFR § 791.4 are “prohibited entities” under the Commission’s rules). 22 47 CFR §§ 2.902, 2.951(d). 3 Federal Communications Commission DA 25-795 6. CAIC shares the same domain name (caict.ac.cn) as TTL.23 As noted, TTL is a department within CAICT.24 As a “scientific research institute directly under the [MIIT] of China,”25 CAICT appears to hold responsibility for the development and implementation of Chinese telecommunications strategies and policy.26 The MIIT is a policy arm of the State Council of the PRC that appears to be responsible for developing communications networks and security policies and for monitoring and regulating the entities that comprise the communications industry within China.27 MIIT- regulated entities within China appear to include the providers of telecommunications services and the manufacturers of telecommunications equipment, as well as the test laboratories that facilitate the authorization of RF equipment that is marketed and operated in U.S. homes, businesses, and government agencies. 7. Accordingly, we tentatively determine that the PRC “directly or indirectly . . . has the power (whether or not exercised) to determine, direct, or decide important matters” that affect CAIC because the PRC controls MIIT, which in turn controls CAICT.28 We further tentatively determine that CAIC acts “at the order or request of another entity,” or is an entity “whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part, including being part of a governmental structure or hierarchy.”29 CAIC thus appears to be subject to control by and direction of the PRC, via the CAICT and the MIIT. 8. In accordance with the Commission’s rules, CAIC has until October 14, 2025, to respond to this Notice of Intent to Begin Proceedings to Withdraw Recognition.30 In any response, CAIC must fully address whether the Company is owned by, controlled by, or subject to the direction of the PRC. The response must be provided in English and must be accompanied by official business documents, including an English-language translation, that support the Company’s position and by supporting sworn declarations of individuals with personal knowledge that are signed in accordance with section 1.16 of the Commission’s rules.31 All documents must include the FCC docket number and lab designation number(s) referenced in the caption and be e-mailed to Jamie Coleman at jamie.coleman@fcc.gov. All submitted documents must be in English or include an English translation. The written statement must also be filed electronically in the docket referenced in the caption of this document using the Electronic 23 See A2LA, Chongqing Academy of Information and Communications Technology, “Organization/Accreditation Information,” https://customer.a2la.org/index.cfm?event=directory.detail&labPID=DFC4B12B-8D3C-454D-8237- 2F56D6D77E6C (last visited Sept. 4, 2025); A2LA,Telecommunication Technology Labs, CAICT, “Organization/Accreditation Information,” https://customer.a2la.org/index.cfm?event=directory.detail&labPID=C812F595-31E7-4FA3-9427-145FA582EA47 (last visited Sept. 4, 2025). 24 See, e.g., CAICT, About Us, http://www.caict.ac.cn/english/about/dept/ (listing CTTL Terminal Labs as a business department within CAICT) (last visited Sept. 4, 2025). 25 See, e.g., CAICT, About Us, http://www.caict.ac.cn/english/about/202004/t20200413_279063.html (last visited Sept. 4, 2025). 26 See CAICT, Bussiness, http://www.caict.ac.cn/english/buss/202004/t20200417_279512.html (last visited Sept. 4, 2025). This citation retains the name of the webpage without correction. 27 See State Council, People’s Republic of China, Ministry of Industry and Information Technology, https://english.www.gov.cn/state_council/2014/08/23/content_281474983035940.htm (noting MIIT’s responsibility for the administration of the industrial branches and information industry) (last visited Sept. 4, 2025). 28 47 CFR § 2.902. 29 Id. 30 47 CFR § 2.951(e). 31 47 CFR § 1.16. 4 Federal Communications Commission DA 25-795 Comment Filing System at https://www.fcc.gov/ecfs. Any request that material submitted not be made public may be submitted pursuant to 47 CFR § 0.459. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to section 302 of the Act, 47 U.S.C. § 302a, and section 2.951(e) of the Commission’s rules, 47 CFR § 2.951(e), Chongqing Academy of Information and Communications a/k/a Chongqing Academy of Information and Communications Technology IS NOTIFIED OF THE COMMISSION’S INTENT TO BEGIN PROCEEDINGS TO WITHDRAW RECOGNITION and that it may file a written response to this Notice by October 14, 2025. 10. IT IS FURTHER ORDERED that the Notice shall be provided by email to zhujiyang@caict.ac.cn on the release date of this Notice and also that a copy shall be sent by first class mail and certified mail, return receipt requested, to Li Yan, Building C, Technology Innovation Center, No. 8, Yuma Rd., Chayuan New Area, Nan’an District, Chongqing, People’s Republic of China, 401336. FEDERAL COMMUNICATIONS COMMISSION Andrew C. Hendrickson Acting Chief Office of Engineering and Technology 5