The FCC has added foreign-produced power inverters to its Covered List, immediately restricting new covered models from receiving the equipment authorization generally required for import, marketing, and sale in the United States.

The July 28, 2026, action is narrower and, in some respects, more consequential than early reports suggest. Previously authorized models may remain on the market, and the listing does not prohibit the operation or interconnection of installed equipment. But the operative entry contains no transition period for new covered models, and suppliers seeking a Conditional Approval must apply by January 1, 2028.

The released guidance also raises important questions about which inverters fall within the definition. The rule applies to foreign-produced inverters with specified connectivity capabilities, potentially leaving room to argue that equipment relying solely on wired communications falls outside the listing. At the same time, the FCC issued a temporary waiver allowing certain software and firmware updates for previously authorized models, but not hardware permissive changes.

Key takeaways include:

  • The restriction applies immediately to new covered inverter models. January 1, 2028, is an application deadline for Conditional Approvals, not a grace period.
  • “Foreign-produced” turns on U.S. manufacturing and domestic-content standards, not the manufacturer’s ownership or brand.
  • The connectivity requirement may not be met by every modern inverter, particularly models without wireless interfaces.
  • Conditional Approval depends heavily on supply-chain disclosures and a concrete U.S. manufacturing plan, and any approval remains revocable.
  • Buyers should verify authorization records, firmware support, supplier onshoring plans, contract protections, and the consequences of substituting equipment.

Read the full update for a closer analysis of the listing, the guidance annex, the firmware waiver, and the diligence steps developers, owners, and suppliers should consider now.

Photo of Zack Taylor Zack Taylor

Zack Taylor focuses his practice on the development, financing, and acquisition of renewable and alternative energy projects. He represents developers, independent power producers (IPPs), and utility-scale investors in complex transactional matters, including project mergers and acquisitions, tax equity financing, and debt structuring. His…

Zack Taylor focuses his practice on the development, financing, and acquisition of renewable and alternative energy projects. He represents developers, independent power producers (IPPs), and utility-scale investors in complex transactional matters, including project mergers and acquisitions, tax equity financing, and debt structuring. His experience spans a diverse portfolio of assets, including utility-scale solar and wind, battery energy storage systems (BESS), renewable natural gas (RNG), and clean hydrogen infrastructure.

Zack advises clients through the full project lifecycle, with a particular emphasis on negotiating the construction and procurement agreements essential to large-scale infrastructure bankability.

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Photo of Brian Nese Brian Nese

Brian Nese practices in the Energy Development group and the Renewable and Thermal Energy Initiatives. Brian focuses his practice on representing renewable energy project developers, owners and operators in drafting and negotiating various project documents, including engineering, procurement and construction agreements, operation and…

Brian Nese practices in the Energy Development group and the Renewable and Thermal Energy Initiatives. Brian focuses his practice on representing renewable energy project developers, owners and operators in drafting and negotiating various project documents, including engineering, procurement and construction agreements, operation and maintenance agreements, balance of plant agreements, supply agreements, and real property agreements. He also assists project developers with mergers and acquisitions, financings, and related due diligence. Brian is a former co-leader of the firm’s energy team and a former managing partner for the firm’s California offices. He encourages you to follow him on Twitter @BNese25 and welcomes LinkedIn connection requests.

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