Federal Communications Commission DA 25-800 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) CVC Testing Technology (Shenzhen) Co., Ltd. ) ET Docket No. 25-273 Designation No. CN1363 ) ) ) ) ) ) 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, Office of Engineering and Technology (OET) provides notice to CVC Testing Technology (Shenzhen) Co., Ltd (CVC Shenzhen or Company) that the Federal Communications Commission (FCC or Commission) intends to begin proceedings to withdraw its recognition of CVC Shenzhen 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.2 CVC Shenzhen 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.3 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 cause harmful interference to radio communications.4 In doing so, the Commission has authorized the use of test labs and has established appropriate standards and qualifications for those labs.5 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 1 47 U.S.C. § 302a(e). 2 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). 3 47 CFR § 2.902. 4 47 U.S.C. § 302a(a); see generally 47 CFR pt. 2 subpt. J (equipment authorization procedures). 5 47 U.S.C. § 302a(e)(1), (3); see 47 CFR § 2.948. Federal Communications Commission DA 25-800 protect our communications equipment supply chain from entities posing unacceptable risks to national security.6 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.”7 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.8 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.”9 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 § 791.4.10 4. Factual Background. CVC Shenzhen is an accredited test laboratory based in Shenzhen that is recognized by the FCC to test a wide range of RF devices for compliance with applicable FCC technical rules.11 Since its initial accreditation in 2023,12 CVC Shenzhen has performed testing that contributed to the granting of approximately ten equipment certifications. 13 CVC Shenzhen is one of several regional testing labs under the CVC umbrella.14 However, it has recently come to our attention that CVC is a subsidiary of the China National Electrical Apparatus Research Institute Co., Ltd.,15 which itself is a subsidiary of the China National Machinery Industry Corporation (Sinomach),16 a state-owned 6 See Equipment Authorization Integrity R&O, FCC 25-27, paras. 1, 8. 7 Id. at para. 1. 8 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). 9 47 CFR § 2.902. 10 Id. 11 CVC Shenzhen is accredited by the American Association for Laboratory Accreditation 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, UWB Intentional Radiators, Commercial Mobile Services, General Mobile Radio Services, Citizens Broadband Radio Services, Maritime and Aviation Radio Services, Microwave and Millimeter Bands Radio Services, Broadcast Radio Services, RF Exposure, and Signal Boosters. CVC Shenzen (FCC designation number CN1363) was last recognized by the FCC on August 15, 2024, with a recognition expiration date of April 30, 2026. 12 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). 13 Certification test reports and other equipment authorization documents can be found on the Commission’s website by searching for an FCC ID in OET’s equipment authorization database, https://apps.fcc.gov/oetcf/eas/reports/GenericSearch.cfm (last visited Sep. 4, 2025). 14 See https://www.cvc.org.cn/about/info. “CVC” appears to be a registered brand name for the company and an acronym for “Certainty, Value-added, Credibility.” Id. CVC is involved in technical testing, certification, inspection, and related services. 15 See China Nat’l Electrical Equipment Research Institute, Quality Technical Services, https://www.cei1958.com/English/QualityTechnicalServices/index.aspx (last visited Sept. 4, 2025).. 16 Sinomach, Member Companies, https://www.sinomach.com.cn/en/AboutUs/MemberCompanies/ (last visited Sept. 4, 2025). 2 Federal Communications Commission DA 25-800 enterprise that is directly managed by the central government of the People’s Republic of China (PRC or China).17 The U.S. Department of Commerce has determined that the PRC is a foreign adversary.18 III. DISCUSSION 5. The PRC is a prohibited entity that is identified within section 2.902 of the Commission’s rules.19 OET has tentatively determined that CVC Shenzhen 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.20 Therefore, OET hereby provides notice of the Commission’s intent to begin proceedings to withdraw its recognition of CVC Shenzhen, as required by section 2.951(e) of the Commission’s rules. 6. CVC Shenzhen identifies itself as “a professional third-party quality technology service brand integrating basic research, standardization, testing, certification, calibration and related extension services.”21 Also, as noted above, CVC Shenzhen is a subsidiary of the China National Electrical Apparatus Research Institute Co., Ltd.,22 which itself is a subsidiary of the China National Machinery Industry Corporation (Sinomach), a state-owned enterprise that is directly managed by the central government of the PRC.23 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 CVC Shenzhen because the PRC controls Sinomach, which in turn controls the China National Electrical Apparatus Research Institute Co., Ltd.24 We further tentatively determine that CVC Shenzhen 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.”25 CVC Shenzhen thus appears to be subject to control by and direction of the PRC, via the China National Electrical Apparatus Research Institute Co., Ltd. and Sinomach. 8. In accordance with the Commission’s rules, CVC Shenzhen has until October 14, 2025, to respond to this Notice of Intent to Begin Proceedings to Withdraw Recognition.26 In any response, CVC Shenzhen must fully address whether the Company is owned by, controlled by, or subject to the direction of the PRC. Any 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.27 All documents must include the FCC docket number and 17 Sinomach, Company Profile, https://www.sinomach.com.cn/en/AboutUs/CompanyProfile/ (last visited Sep. 4, 2025).. 18 15 CFR § 791.4(a)(1). 19 47 CFR § 2.902 (establishing that entities identified as “foreign adversaries” in 15 CFR § 791.4 are “prohibited entities” under the Commission’s rules). 20 47 CFR §§ 2.902, 2.951(d). 21 https://www.linkedin.com/company/cvc-internatioanl/about/ (last visited Sep. 4, 2025). 22 See China Nat’l Electrical Equipment Research Institute, Quality Technical Services, https://www.cei1958.com/English/QualityTechnicalServices/index.aspx (last visited Sept. 4, 2025). 23 Sinomach, Company Profile, https://www.sinomach.com.cn/en/AboutUs/CompanyProfile/ (last visited Sept. 4, 2025). 24 47 CFR § 2.902. 25 Id. 26 47 CFR § 2.951(e). 27 47 CFR § 1.16. 3 Federal Communications Commission DA 25-800 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 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), CVC Testing Technology (Shenzhen) Co., Ltd. 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 qt@cvc.org.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 Lai Wenjing, CVC Testing Technology (Shenzhen) Co., Ltd., No. 1301, Guanguang Road, Xinlan Community, Guanlan Street, Shenzhen, People’s Republic of China, 518110. FEDERAL COMMUNICATIONS COMMISSION Andrew C. Hendrickson Acting Chief Office of Engineering and Technology 4