On September 30, the Federal Communications Commission (“FCC”) adopted new rules and procedures (the “Order”) aimed at formalizing and modernizing the interagency review process for applications from companies with foreign ownership seeking to participate in the U.S. telecommunications market. The rules adopted by the FCC partially implement Executive Order 13913 (the “Executive Order”), which was signed by President Donald J. Trump on April 4, 2020, and established the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, formerly known and referred to herein as “Team Telecom.” By adopting these rules, the FCC hopes to promote efficiency and transparency in the Team Telecom review process.
The Order primarily addresses five points: (i) applications that will be, and will generally not be, referred to Team Telecom; (ii) adoption of the review timeframes set out in the Executive Order; (iii) the creation of standardized national security and law enforcement questions, responses to which must be provided directly to Team Telecom at the time of the filing of the relevant FCC application; (iv) provision of certain certifications to the FCC for certain applications; and (v) Team Telecom review of existing licenses.
