On September 30, 2026, the Federal Communications Commission (“FCC”) adopted a Notice of Proposed Rulemaking (“NPRM”) to comprehensively modernize its ultra-wideband (“UWB”) rules for the first time since their adoption in 2002. The NPRM proposes a new UWB device category for applications such as artificial intelligence (“AI”)-enabled sensing and other modern systems, and directly addresses many of the issues that have made it necessary to file UWB rule waiver requests in recent years. Comments and reply comments will be due 30 and 60 days, respectively, after publication in the Federal Register. Companies with non-compliant UWB products must continue to pursue case-by-case waivers at this time.
Background
As we highlighted in our previous article, UWB is a wireless technology that operates across very large bandwidths of radio spectrum, enabling high data rates and precise imaging. These characteristics make UWB well suited for location tracking, sensing, and secure short-range communications, powering applications from automobile collision-avoidance radar and ground-penetrating radar (“GPR”) systems to smart locks and key fobs.
Because UWB signals span spectrum used by other services, including safety-of-life and federal operations, the FCC has historically regulated UWB under “extremely conservative” technical safeguards to protect those incumbents from harmful interference.
The current UWB rules have not kept pace with technological developments. GPRs, smart home devices, EV chargers, medical diagnostic tools, and other devices that rely on UWB spectrum routinely fall outside the existing rules; the FCC’s initial UWB rules did not contemplate the signal structures, measurement methodologies, and deployment models employed by today’s technology.
NPRM proposals
Key proposals contained in the FCC’s NPRM include:
- Modernized technical rules: The NPRM addresses longstanding challenges exposed through repeated waiver petitions and seeks comment on specific rule changes that UWB manufacturers have already requested through those petitions. Among other issues, the NPRM seeks comment on:
- Revisions to the “UWB transmitter” definition, measurement procedures, and other technical requirements that many modern devices cannot satisfy;
- Whether to remove the prohibition on UWB devices in toys and aboard aircraft, ships, and satellites;
- Whether to permit UWB-based autonomous drone navigation and landing systems to account for commercial systems capable of high-precision positioning that may not be permissible under current rules;
- Whether to eliminate the NTIA coordination requirement applicable to UWB imaging systems; and
- Whether to incorporate into the rules the recurring conditions the FCC has adopted in prior GPR waivers (e.g., requiring stepped-frequency and other frequency-agile GPR devices to demonstrate compliance with emissions limits while operating in normal stepping mode; limiting dwell time on individual frequencies to ensure the device cannot function as a narrowband transmitter; and requiring operation only in contact with the ground).
- A new UWB device category: The NPRM proposes a new UWB device category for modern applications, including factory automation, autonomous navigation, and AI-enabled sensing, and seeks comment on technical requirements that should apply. The proposal is intended to address applications not contemplated by the original 2002 framework and provide a dedicated regulatory pathway for these technologies.
- A comprehensive review of the UWB regulatory framework: The FCC seeks comment broadly on whether longstanding technical, operational, and eligibility requirements should still apply, including:
- Eligibility restrictions: Whether eligibility restrictions for UWB imaging systems remain necessary, whether they should be broadened or eliminated, and whether consumer-grade UWB imaging devices should be permitted.1
- Marketing and labeling requirements: Whether existing marketing restrictions and device-specific labeling requirements should be simplified, deleted, replaced, or consolidated.
- Emission limits: Whether the FCC should revisit longstanding emission limits.
- Manual or remote-controlled switch requirements: Whether to eliminate, modify, or replace requirements that certain imaging systems incorporate manual or remote-controlled activation mechanisms and cease transmitting within ten seconds after the operator releases the switch.
- Redundant rules: Whether various legacy UWB provisions should be deleted, edited, or modernized if they are redundant or unnecessarily duplicative of existing rules.
Next steps
- Waivers will continue to be the regulatory pathway for a while. Because the NPRM was just adopted and no timeline for final rules has been set, companies with UWB products that do not comply with existing rules should continue to pursue waivers. Such companies should likewise treat this waiver strategy as a design-stage consideration, addressing these issues early in product development.
- Consider participating in the rulemaking. The NPRM invites comment on issues already raised through waiver requests. Companies with experience in the waiver process or that are otherwise subject to the UWB rules are well positioned to weigh in. The NPRM presents an opportunity to shape the final rules’ scope, technical parameters, and other requirements (or elimination thereof). Following the NPRM’s publication in the Federal Register, companies will have 30 and 60 days, respectively, to file comments and reply comments.
Hogan Lovells Cadwalader advises clients across the UWB ecosystem on FCC equipment authorization, Part 15 compliance, and waiver strategy. As UWB technology continues to evolve, strategic and thoughtful regulatory positioning can be as important as technical performance and the commercialization strategy.
Footnote
1 GPR and wall imaging systems may be operated only by entities involved in law enforcement, firefighting, emergency rescue, scientific research, commercial mining, or construction activities, while surveillance systems may be used only by law enforcement, fire and emergency rescue organizations, and certain industrial entities under part 90.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]
