Process Reform for Executive Branch Review of Certain FCC Applications

The Federal Communications Commission proposed changes to its rules and procedures to improve the timeliness and transparency of the review process for certain applications and petitions for declaratory ruling with reportable foreign ownership. The Commission has routinely referred certain applications with reportable foreign ownership to relevant Executive Branch agencies for coordination and expertise on national security, law enforcement, foreign policy, and trade policy matters. These applications can include, for example, requests for international section 214 authorizations, submarine cable landing licenses, and the transfer or assignment thereof. Over time, the number of applications with reportable foreign ownership has increased and, as part of our effort to reform the Commission’s processes, Commission staff have been working with the Executive Branch and industry on ways to improve
the process. The Notice of Proposed Rulemaking adopted proposes the following:

Threshold Information: As requested by the Executive Branch, the Notice proposes to require applicants with reportable foreign ownership to provide information on ownership, network operations, and related matters at the time they file their applications. The process would replace the current practice of the Executive Branch seeking such threshold information directly from the applicants after the Commission refers the applications.

Certifications: The Notice proposes to add a certification requirement to the rules. It seeks comment on NTIA’s proposal that all applicants, with or without foreign ownership, certify to certain mitigation provisions when they file their applications, which the Executive Branch says will expedite its review.

Timelines: Although NTIA did not propose time frames for review, the Notice proposes to adopt a 90-day time frame for Executive Branch review, with an additional one-time 90-day extension in rare circumstances provided the Executive Branch provides a status update every 30 days.