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At its September 30, 2021 Open Meeting, the Federal Communications Commission (“FCC” or the “Commission”) unanimously adopted a Second Report and Order in IB Docket No. 16-155 requiring applicants with reportable foreign ownership seeking Commission approval for certain applications to answer standardized national security and law enforcement questions (“Standard Questions”) prior to or when filing their applications. The Standard Questions were developed in coordination with the. Departments of Justice, Homeland Security, Defense, State, and Commerce and the United States Trade Representative, which conduct review of national security, law enforcement, foreign policy, or trade policy issues associated with the foreign ownership of the applicants of certain applications filed with the FCC and referred to the agencies. The Standard Questions will apply, following review and approval by the Office of Management and Budget (“OMB”) (and issuance of an associated public notice) to the types of applications the Commission generally refers to the Executive Branch, namely applications for international section 214 authorizations and submarine cable landing licenses, applications to assign, transfer control or modify such authorizations and licenses where the applicant has reportable foreign ownership, and all petitions seeking to exceed foreign ownership limits applicable to broadcast or common carrier wireless licenses set forth in Section 310(b) of the Communications Act of 1934, as amended (the “Act”) (47 C.F.R. § 310(b)).

The adoption of Standard Questions is the FCC’s complements several other reforms in the past year to formalize and streamline the FCC and Executive Branch review process conducted  pursuant to Executive Order No. 13913 of April 8, 2020, Establishing the Committee for the Assessment of Foreign Participation in the United State Telecommunications Sector (the “Committee” (commonly referred to as “Team Telecom”)). The Executive Order sets forth procedures and timelines for the Committee to conduct its reviews of referred applications. The Commission’s earlier reforms are detailed in the FCC’s (First) Report and Order  in Docket 16-155 Executive Branch Review Order released October 1, 2020 (and Erratum). As noted in the Second Report and Order, the FCC considered comments filed in response to a Public Notice containing proposed Standard Questions.


Continue Reading FCC Adopts Standard Questions to Facilitate Executive Branch Review of Applications Involving Foreign Interests in Applicants

The FCC released a full agenda for its next Commission Open Meeting, scheduled for September 30, 2021. The agency will consider a Notice of Proposed Rulemaking (“NPRM”) to improve the Wireless Network Resiliency Cooperative Framework (“Framework”) and outage reporting. The FCC will next address an Order on Reconsideration to vacate a 2020 order that permits states to lease spectrum in the 4.9 GHz band (designated for public safety use) to third parties for non-public-safety use and a Further NPRM (“FNPRM”) to adopt a nationwide framework for the 4.9 MHz band that would allow for public safety and non-public safety uses. The FCC will also consider adopting a Public Notice that would describe the process for the Office of Engineering and Technology (“OET”) to approve automated frequency coordination (“AFC”) systems, which must be used when performing certain unlicensed operations in the 6 GHz band. Rounding out spectrum issues, the FCC will consider a Notice of Inquiry (“NOI”) focused on whether there is adequate spectrum to support the Internet of Things (“IoT”). The FCC will then shift its attention to two FNPRMs regarding robocalls. One FNPRM would propose that voice service providers block autodialed calls to numbers on the Public Safety Answering Points (“PSAP”) Do-Not-Call registry and seek alternative ways to protect PSAPs from robocalls and security threats. The other robocall-related FNPRM would propose that gateway providers take action to prevent robocalls that originate outside of the U.S. on U.S. numbers. Next, the FCC will address another NPRM to clarify that Tribal libraries are eligible to receive support under the E-rate program. The FCC will close its meeting by considering a Second Report and Order that would adopt standard questions to be answered by applicants with reportable foreign ownership that seek the Commission’s approval to obtain or modify certain licenses or to complete transactions involving those licenses.

You will find more information about the items on the September meeting agenda after the break:


Continue Reading The FCC’s Packed September Meeting Agenda Includes Focus on IoT Spectrum and Robocall Prevention