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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations

Supplemental Final Regulatory Flexibility Analysis Supplemental FRFA of the possible significant impact on small entities of the Standard Questions and procedures addressed in this Second Report and Order.

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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 63
IB Docket No. 16155; FCC 21104

Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership Federal Communications Commission.
ACTION: Final action.
AGENCY:

This document summarizes the Federal Communications Commissions Commission decision in the Second Report and Order in the Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership proceeding, in which the Commission adopted Standard Questions that certain applicants with reportable foreign ownership will be required to answer as part of the Executive Branch review process of their applications.
DATES: The Commission adopted the Standard Questions on September 30, 2021.
SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

Jocelyn Jezierny, International Bureau, Telecommunications and Analysis Division, at 202 4180887 or Jocelyn.Jezierny@fcc.gov. For information regarding the PRA
information collection requirements contained in the PRA, contact Cathy Williams, Office of the Managing Director, at 202 4182918 or Cathy.
Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commissions Second Report and Order, FCC 21104, adopted on September 30, 2021, and released on October 1, 2021. The full text of this document is available on the Commissions website at https
docs.fcc.gov/public/attachments/FCC21-104A1.pdf. To request materials in accessible formats for people with disabilities, send an email to FCC504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202
4180530 voice, 202 4180432
TTY.
Supplemental Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended RFA, the Commission has prepared a
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Congressional Review Act The Commission will include a copy of this Second Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. 801a1A.
Synopsis I. Introduction 1. In this Second Report and Order, we adopt a set of standardized national security and law enforcement questions Standard Questions that certain applicants and petitioners together, applicants with reportable foreign ownership will be required to answer as part of the Executive Branch review process of their applications and petitions together, applications. In the Executive Branch Review Order, the Commission adopted rules and procedures to facilitate a more streamlined and transparent review process for coordinating applications with the Executive Branch agencies the Departments of Justice, Homeland Security, Defense, State, and Commerce, as well as the United States Trade Representative for their views on any national security, law enforcement, foreign policy, or trade policy issues associated with the foreign ownership of the applicants. The Executive Branch Review Order also established firm time frames for the Executive Branch agencies to complete their review consistent with Executive Order 13913, which established the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector the Committee.1 To expedite the national security and law enforcement review of such applications, applicants must provide 1 Executive Order No. 13913 of April 4, 2020, Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, 85 FR 19643, 19643 through 44 Apr. 8, 2020 Executive Order 13913 establishing the Committee, composed of the Secretary of Defense, the Secretary of Homeland Security, and the Attorney General of the Department of Justice, who serves as the Chair, and the head of another executive department or agency, or any Assistant to the President, as the President determines appropriate Members, and also providing for Advisors, including the Secretary of State, the Secretary of Commerce, and the United States Trade Representative; id. stating that, the security, integrity, and availability of United States telecommunications networks are vital to United States national security and law enforcement interests.

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their answers to the Standard Questions directly to the Committee prior to or at the same time they file their applications with the Commission. This process would replace the current practice of the Executive Branch seeking such threshold information directly from the applicants after the Commission refers the applications.
II. Background 2. For over 20 years, the Commission has referred certain applications that have reportable foreign ownership to the Executive Branch agencies for their review.2 In the Executive Branch Review Order, the Commission formalized the review process and established firm time frames for the Executive Branch national security and law enforcement agencies to complete their review, consistent with Executive Order 13913
that established the Committee in 2020.
The types of applications the Commission generally refers include applications for international section 214 authorizations and submarine cable landing licenses and applications to assign, transfer control or modify such authorizations and licenses where the applicant has reportable foreign ownership, and all petitions for section 310b foreign ownership rulings.3
2 In adopting rules for foreign carrier entry into the U.S. telecommunications market over two decades ago in its Foreign Participation Order, the Commission affirmed that it would consider national security, law enforcement, foreign policy, and trade policy concerns in its public interest review of applications for international section 214
authorizations and submarine cable landing licenses and petitions for declaratory ruling under section 310b of the Act. Rules and Policies on Foreign Participation in the U.S.
Telecommunications Market; Market Entry and Regulation of Foreign-Affiliated Entities, IB Docket Nos. 97142 and 9522, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23919, paragraph 63 1997 Foreign Participation Order, recon. denied, 15 FCC Rcd 18158 2000.
3 Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, IB Docket No. 16155, Report and Order, 85 FR 76360 Nov. 27, 2020, 35 FCC
Rcd 10927, 1093538, paragraphs 24 through 28
2020 Executive Branch Review Order setting out which types of applications will generally be referred to the Executive Branch, but noting the Commission has the discretion to refer additional types of applications if we find that the specific circumstances of an application require the input of the Executive Branch; see also Erratum Appendix BFinal Rules, DA 201404 OMD/IB rel. Nov. 27, 2020, 47 CFR 1.40001a1; Numbering Policies for Modern Communications, WC Docket No. 1397;
Telephone Number Requirements for IP-Enabled Service Providers, WC Docket No. 07243;
Implementation of TRACED Act Section 6a Knowledge of Customers by Entities with Access to Numbering Resources, WC Docket No. 2067;
Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, IB Docket No. 16155, Further Notice of Proposed Rulemaking, FCC 21 through 94, paragraphs 23 through 29 2021 seeking comment on referring certain numbering applications to the
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