[Federal Register Volume 85, Number 97 (Tuesday, May 19, 2020)]
[Proposed Rules]
[Pages 29914-29916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09873]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, and 63
[IB Docket No. 16-155; DA 20-452; FRS 16720]
Process Reform for Executive Branch Review of Certain FCC
Applications and Petitions Involving Foreign Ownership
AGENCY: Federal Communications Commission.
ACTION: Proposed record of proceeding.
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SUMMARY: In this document, the International Bureau (IB) refreshes the
record in Executive Branch Review Process Proceeding, IB Docket 16-155,
by adding Executive Order 13913 into the record of the proceeding and
seeking comment.
DATES: Comments are due on or before June 18, 2020, and reply comments
are due on or before July 2, 2020.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated in this document.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
Electronic Filers. Comments may be filed electronically
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs.
Paper Filers. Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 445 12th Street SW, Washington,
DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
People with Disabilities: To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice)
or 202-418-0432 (TTY).
In addition, filers may provide one copy of each filing to each of
the following: (1) Arthur Lechtman, Attorney, Telecommunications and
Analysis Division, International Bureau, at [email protected],
and (2) David Krech, Associate Division Chief, Telecommunications and
Analysis Division, International Bureau, at [email protected].
FOR FURTHER INFORMATION CONTACT: For further information, please
contact Arthur Lechtman, Telecommunications and Analysis Division,
International Bureau, at [email protected] or (202) 418-1465.
SUPPLEMENTARY INFORMATION: The Commission refers certain applications
to Executive Branch agencies when there is reportable foreign ownership
in the applicant. Specifically, where an applicant has a 10% or greater
direct or indirect owner that is not a U.S. citizen, Commission
practice has been to refer an application for: (1) International
section 214 authority; (2) assignment or transfer of control of
domestic or international section 214 authority; (3) a submarine cable
landing license; and (4) assignment or transfer of control of a
submarine cable landing license. The Commission also refers petitions
seeking authority to exceed the foreign ownership limits in section
310(b) of the Communications Act of 1934, as amended, 47 U.S.C. 310(b),
for broadcast and common carrier wireless licensees, including common
carrier satellite earth stations.
On June 24, 2016, the Commission adopted a Notice of Proposed
Rulemaking (NPRM) to improve the timeliness and transparency of the
process involving referral of certain applications with reportable
foreign ownership to Executive Branch agencies, including the Team
Telecom agencies, for feedback on any national security, law
enforcement, foreign policy, or trade policy concerns. Process Reform
for Executive Branch Review of Certain FCC Applications and Petitions
Involving Foreign Ownership, 81 FR 46870 (2016) (Executive Branch
Review Process NPRM). Specifically, the Commission sought comment on:
(1) The types of applications to be referred to the Executive Branch;
(2) the information that should be provided by an applicant with
reportable foreign ownership in order to facilitate Executive Branch
review; (3) certifications to be made by an applicant that it will
comply with several mitigation measures; and (4) time frames for
Executive Branch review of the applications. The Commission proposed a
90-day review period for applications referred to the Executive Branch,
with a one-time additional 90-day extension for circumstances where the
Executive Branch required additional review time beyond the initial
period.
On April 4, 2020, the President signed Executive Order 13913,
Establishing the Committee for the Assessment of Foreign Participation
in the United States Telecommunications Services Sector, 85 FR 19643
(April 8, 2020). Importantly, among other things, the Executive Order
sets out procedures and timeframes for the Committee's review of
applications referred by the Commission.
[[Page 29915]]
The Executive Order establishes the Committee to review
applications referred by the Commission. The Committee may also review
existing licenses to identify any additional or new risks to national
security or law enforcement interests of the United States, where the
Commission previously has referred the application for the license to
the Committee or its predecessor agencies for review. The Committee is
comprised of the Secretary of Defense; the Secretary of Homeland
Security; and the Attorney General, who serves as Chair (together, the
Committee Members). The President may also appoint the head of any
other department or agency, or any Assistant to the President, to be a
member of the Committee. The Executive Order also provides for
Committee Advisors. Within 90 days of the signing of the Executive
Order, the Committee Members and the Director of National Intelligence
shall enter into a Memorandum of Understanding (MOU) on the process to
implement the Executive Order.
The Executive Order sets out the following time frames for the
Committee's review of an application for a ``license'' or transfer of a
license referred by the Commission: 120 days for an initial review and
a 90-day secondary assessment of an application if the Committee
determines that the risk to national security or law enforcement
interests cannot be mitigated by standard mitigation measures. The
Executive Order defines a ``license'' as any license, certificate of
public interest, or other authorization issued or granted by the
Federal Communications Commission after referral of an application by
the Commission to the Committee or its predecessor group of agencies.
It defines an ``application'' as any application, petition, or other
request for a license or authorization, or the transfer of a license or
authorization, referred by the Commission to the Committee or its
predecessor group of agencies. At the conclusion of its review, the
Committee may advise the Commission that the Committee has no objection
to grant of the application; recommends that the Commission deny the
application due to the risk to the national security or law enforcement
interests of the United States; or recommends that the Commission
condition grant on the applicant's compliance with standard or non-
standard mitigation measures. In cases where the Committee Members and
Committee Advisors cannot reach consensus on recommendations to deny or
condition on non-standard mitigation, they shall submit a
recommendation to the President.
The Committee may seek information from an applicant in furtherance
of its review and assessments of the application, and the 120-day time
frame for review begins when the Committee Chair determines that the
applicant's responses are complete. The MOU will delineate questions
and requests for applicants and licensees that may be needed to acquire
information necessary to conduct the reviews and assessments and define
the standard mitigation measures.
By this Public Notice, the Commission enters the Executive Order
into the record of IB Docket No. 16-155 and seeks comment on the effect
of the Executive Order on the Commission's proposed rules and
procedures.
Request for Comments: The Commission seeks comment on the effect of
Executive Order 13913 on the proposals in the Executive Branch Review
Process NPRM for Executive Branch review of Commission applications
with reportable foreign ownership. Commenters should address how the
Executive Order affects the specific proposals and issues raised in the
Executive Branch Review Process NPRM. The Commission seeks comment
generally on whether the Executive Order warrants any further or
different rules to improve timeliness and transparency.
In particular, the Commission invites the Executive Branch to
provide its view on the effect of the Executive Order in this
proceeding and on the following issues. Will the Committee make
publicly available a standard set of questions and requests to
applicants? If so, how will applicants be able to access them? Would
the Committee expect an applicant's responses to such questions to be
submitted to the Committee at the time the application is filed? Does
the Executive Branch continue to propose that certain certifications be
made by applicants as part of the application process? If so, are there
any changes to the proposed certifications? And does the Executive
Branch continue to propose that all applicants make the certifications,
or that such certifications apply solely to those applicants with
reportable foreign ownership?
Interested parties also may take this opportunity to refresh the
record of this proceeding with new facts or circumstances that have
occurred since the NPRM's comment period closed in 2016. For example,
how does the passage of the Clarifying Lawful Overseas Use of Data
(CLOUD) Act, 18 U.S.C. 2713, affect the proposed certification on
access to communications and records? The Commission sought comment of
requiring an applicant to certify that it will ``make communications
to, from, or within the United States, as well as records thereof,
available in a form and location that permits them to be subject to
lawful request or valid legal process under U.S. law, for services
covered under the requested Commission license or authorization.''
Ex Parte Information: This proceeding shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. 47 CFR 1.1200. Persons making ex parte presentations
must file a copy of any written presentation or a memorandum
summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine
period applies). Persons making oral ex parte presentations are
reminded that memoranda summarizing the presentation must (1) list all
persons attending or otherwise participating in the meeting at which
the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda, or other filings in the proceeding, the presenter may
provide citations to such data or arguments in his or her prior
comments, memoranda, or other filings (specifying the relevant page
and/or paragraph numbers where such data or arguments can be found) in
lieu of summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with Sec. 1.1206(b)
of the Commission's rules. In proceedings governed by Sec. 1.49(f) of
the Commission's rules or for which the Commission has made available a
method of electronic filing, written ex parte presentations and
memoranda summarizing oral ex parte presentations, and all attachments
thereto, must be filed through the electronic comment filing system
available for that proceeding, and must be filed in their native format
(e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this
proceeding should familiarize themselves with the Commission's ex parte
rules.
[[Page 29916]]
Federal Communications Commission
Denise Coca,
Chief, Telecommunications & Analysis Division, International Bureau.
[FR Doc. 2020-09873 Filed 5-18-20; 8:45 am]
BILLING CODE 6712-01-P