World Global ConnectionsThe “Team Telecom” review process of applications involving foreign ownership has long endured a reputation for excessive length and opacity. It appears change may be on the horizon.  The National Telecommunications & Information Administration (NTIA) filed a letter (NTIA Letter) on May 10, 2016 with the Federal Communications Commission (FCC or Commission) requesting the Commission require applicants for certain authorizations, including international 214 authorizations and transfers, section 310 license ownership rulings, submarine cable landing licenses and satellite earth station authorizations, submit additional information and certifications with their applications.  NTIA asserts that submitting this information and certifications upfront will streamline the Executive Branch agency review process.  Today, those reviews are undertaken by the Departments of Justice, Homeland Security, Defense, Commerce, State, Federal Bureau of Investigation, and United States Trade Representative (Team Telecom).

In response to the NTIA Letter, the Commission released a Public Notice late last week seeking comments on NTIA’s request.  The Commission suggested that any comments received would inform the Commission’s planned formal rulemaking proceeding.  The FCC seeks comments on or before Monday, May 23, 2016.


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World Global ConnectionsOn October 1, Chairman Wheeler announced that he has circulated a Notice of Proposed Rulemaking among his fellow Commissioners that would seek comment on simplifying the FCC’s foreign ownership approval process for broadcast licensees “by extending the streamlining rules and procedures that currently apply to other classes of licensees to broadcast licensees.” Certainly, the broadcasting community would welcome an updating of the filing and approval process to allow FCC review of applications to proceed on a more streamlined basis. But, unfortunately, FCC review is only part of the story when there is foreign ownership, and it is quite often the smaller part for many FCC authorization holders, which frustrates, at the end of the day, the Chairman’s goal of better adapting the filing and review process to the current business environment.

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