On August 23, 2024, the Office of International Affairs (“OIA”) released a Public Notice announcing that certain rules adopted in the FCC’s 2020 Executive Branch Review Order and the 2021 Executive Branch Standard Questions Order are effective as of August 23, 2024. Accordingly, filers seeking international section 214 authorizations and submarine cable licenses (including applications for new authority and/or applications to assign/transfer/modify) and petitions for section 310(b) foreign ownership rulings are now required to:
- make new certifications in their FCC applications regarding national security and law enforcement requirements in their application/petition and to “designate a point of contact who is located in the United States and is a U.S. citizen or lawful U.S. permanent resident, for the execution of lawful requests and as an agent for legal service of process,” and;
- in instances of reportable foreign ownership, answer a set of “Standard Questions” with their FCC application as part of the Executive Branch review process. These questions are organized by subject matter and also include a supplement for the provision of personally identifiable information (“PII”). These responses must also be provided directly to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (“Committee”) prior to or at the same time that the applicant/petitioner files its application/petition with the FCC. A copy of the FCC application/petition must also be submitted to the Committee within three business days after submission to the FCC.
In addition, certain related rules have been updated and are now effective:
International Section 214 Authorization Rules
- Responses to Standard Questions (47 CFR §§ 1.40003, 63.18(p), 1.40001(a)(3)).
- Exclusion to the Referral to the Committee (47 CFR § 1.40001(a)(2)).
- National Security/Law Enforcement Certifications (47 CFR § 63.18(q)).
- Ownership Disclosure Requirements (47 CFR §§ 63.18(h), 63.24(e)(2), 63.24(f)(2)(i)).
- Revised Requirement to Demonstrate Qualification for Streamlined Processing (47 CFR § 12(c)(3)).
Submarine Cable Landing License Rules
- Responses to Standard Questions (47 CFR §§ 1.40003, 1.767(a)(8)(i), 63.18(p), 1.40001(a)(3)).
- Exclusion to the Referral to the Committee (47 CFR § 1.40001(a)(2)).
- National Security/Law Enforcement Certifications (47 CFR §§ 1.767(a)(8)(i), 63.18(q)).
- Ownership Disclosure Requirements (47 CFR § 1.767(a)(8)(i)).
- Application to Executive Branch Agencies (47 CFR §§ 1.767(j), 1.767(a)(11)(i), 63.18(h)).
Copies of the Standard Questions and instructions on how to file directly with the Committee can be found here: Requirements for Applications and Petitions Subject to Executive Branch Review | Federal Communications Commission (fcc.gov).
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The post Updated FCC Application Requirements for International Section 214 Authorizations, Submarine Cable Licenses and Petitions for Section 310(b) Foreign Ownership Rulings first appeared on Telecommunications Law Professionals, PLLC.