Review of Submarine Cable Landing License Rules and Procedures To Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy Risks

In this document, the Federal Communications Commission (Commission or FCC) adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to prevent national security risks from current and potential foreign adversaries, while encouraging the use of trusted technology and measures to further accelerate the buildout of submarine cables. The FNPRM proposes a regulatory framework that would grant a blanket license to entities that own or operate Submarine Line Terminal Equipment (SLTEs), subject to certain exclusions and routine conditions, such as a tailored foreign adversary annual report. The FNPRM proposes new certifications and routine conditions related to foreign adversaries to further protect submarine cables from national security risks. The FNPRM also proposes an approach to expedite deployment of submarine cables that connect to the United States by presumptively excluding submarine cable applications from referral to the relevant Executive Branch agencies if they meet certain standards. The FNPRM seeks comment on requiring existing licensees to remove from their submarine cable system covered equipment or services, within a specified timeframe prior to the expiration of the license. The FNPRM also seeks comment on how the Commission can use its authority to incentivize and encourage the adoption and the use of trusted technologies produced and provided by the United States and its foreign allies.