Da 23-746

DA 23-746

August 22, 2023

The Office of International Affairs Denies Request to Extend

the Evolving Risks NPRM’s Comment Cycle;

Exempts Qualifying International Section 214 Authorization Holders from Disclosing Certain Details of Reportable Foreign Ownership in the One-Time Information Collection; and

Reminds International Section 214 Authorization Holders of

the FCC Registration Number (FRN) Requirement

IB Docket No. 23-119; MD Docket No. 23-134

By the Chief, Telecommunications and Analysis Division, Office of International Affairs

On April 20, 2023, the Federal Communications Commission (Commission) adopted the Evolving Risks Order and NPRM to protect the nation’s telecommunications infrastructure from threats in an evolving national security and law enforcement landscape by proposing comprehensive changes to the Commission’s rules that allow carriers to provide international telecommunications service pursuant to section 214 of the Communications Act of 1934, as amended (Act).¹ In the Order, the Commission adopted a one-time collection of foreign ownership information (One-Time Information Collection) from international section 214 authorization holders (Authorization Holders).² In the NPRM, the Commission sought comment on proposed rules and possible alternative approaches, including alternatives for small entities, that will further the Commission’s goal of ensuring that the Commission continually accounts for evolving public interest considerations associated with international section 214 authorizations following an initial grant of the authority.³ The comments on the NPRM are due by August 31, 2023 and reply comments by October 2, 2023.⁴

Today, the Office of International Affairs released an Order⁵ that:

• Denied a Motion for Extension of Time filed by INCOMPAS and Morgan, Lewis & Bockius, LLP seeking an extension of the deadlines to file comments and reply comments on the Evolving Risks NPRM;⁶

• Exempts qualified Authorization Holders from disclosing certain details of their reportable foreign ownership in the One-Time Information Collection;⁷ and

• In anticipation of the One-Time Information Collection, reminds all Authorization Holders that they must have an FCC Registration Number (FRN) in order to file their responses.⁸

For additional information, contact Svantje Swider, Attorney Advisor, Telecommunications and Analysis Division, Office of International Affairs, at [email protected] or (202) 418-0772.

1 Review of International Section 214 Authorizations to Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy Risks; Amendment of the Schedule of Application Fees Set Forth in Sections 1.1102 through 1.1109 of the Commission’s Rules, IB Docket No. 23-119, MD Docket No. 23-134, Order and Notice of Proposed Rulemaking, FCC 23-28, 2023 WL 3152050 (Apr. 20, 2023) (Evolving Risks Order and NPRM).

2 Id. at *1, para. 1.

3 See id. at *12, para. 24.

4 Federal Communications Commission, Review of International Authorizations To Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy Risks; Amendment of the Schedule of Application Fees, 88 Fed. Reg. 50486 (Aug. 1, 2023) (FCC Review of International Authorizations).

5 Review of International Section 214 Authorizations to Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy Risks; Amendment of the Schedule of Application Fees Set Forth in Sections 1.1102 through 1.1109 of the Commission’s Rules, IB Docket No. 23-119, MD Docket No. 23-134, Order, DA 23-745 (OIA Apr. 22, 2023) (Order).

6 Motion for Extension of Time of INCOMPAS and Morgan, Lewis & Bockius, LLP, IB Docket No. 23-119, MD Docket No. 23-134, at 1-2 (filed Aug. 7, 2023), https://www.fcc.gov/ecfs/document/10807516728823/1; see FCC Review of International Authorizations, 88 Fed. Reg. 50486.

7 See Order, Section III.

8 Evolving Risks Order and NPRM at *11, para. 22. An authorization holder may obtain an FRN through the Commission’s CORES webpage. FCC, Commission Registration System (CORES), https://apps.fcc.gov/cores/userLogin.do (last visited Aug. 22, 2023).