FCC Refreshes Record in Executive Branch Review Process

The Federal Communications Commission refers certain applications to Executive Branch agencies when there is reportable foreign ownership in the applicant. On June 24, 2016, the FCC adopted a Notice of Proposed Rulemaking to improve the timeliness and transparency of the process involving referral of certain applications with reportable foreign ownership to Executive Branch agencies, including the Team Telecom agencies, for feedback on any national security, law enforcement, foreign policy, or trade policy concerns. Specifically, the FCC sought comment on: (1) the types of applications to be referred to the Executive Branch; (2) the information that should be provided by an applicant with reportable foreign ownership in order to facilitate Executive Branch review; (3) certifications to be made by an applicant that it will comply with several mitigation measures; and (4) time frames for Executive Branch review of the applications. The FCC proposed a 90-day review period for applications referred to the Executive Branch, with a one-time additional 90-day extension for circumstances where the Executive Branch required additional review time beyond the initial period.

The FCC seeks comment on the effect of Executive Order 13913 on the proposals in the Executive Branch Proceeding NPRM for Executive Branch review of FCC applications with reportable foreign ownership. Commenters should address how the Executive Order affects the specific proposals and issues raised in the Executive Branch Review Process NPRM. The FCC seeks comment generally on whether the Executive Order warrants any further or different rules to improve timeliness and transparency.