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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1

3. Among other requirements of the Executive Order, for applications referred by the Commission, the Committee has 120 days for initial review, plus an additional 90 days for secondary assessment if the Committee determines that the risk to national security or law enforcement interests cannot be mitigated with standard mitigation measures.4 The Executive Order states that the 120-day initial review period starts when the Chair of the Committee determines that an applicant has provided complete responses to the Standard Questions.
4. In the Executive Branch Review Order, the Commission required 1
international section 214 authorization and submarine cable landing license applicants with reportable foreign ownership and 2 petitioners for a foreign ownership ruling under section 310b whose applications are not excluded from routine referral, to provide specific information regarding ownership, network operations, and other matters when filing their applications. The Commission adopted the following five categories of information that will be required by rule from applicants, but did not adopt the specific questions: 1 Corporate structure and shareholder information;
2 relationships with foreign entities;
3 financial condition and circumstances; 4 compliance with applicable laws and regulations; and 5
business and operational information, including services to be provided and network infrastructure. The Commission directed the International Bureau Bureau to develop, solicit comment on, and make publicly available on the Commissions website the Standard Questions. The Commission also directed the Bureau to maintain and update the Standard Questions, as needed. The rules require applicants to submit responses to the Standard Questions directly to the Committee prior to, or at the same time as, the filing of certain applications with the Executive Branch. Pursuant to the new rules, an applicant for an international section 214
authorization or submarine cable license is considered to have reportable foreign ownership when any foreign owner of the applicant must be disclosed in the application pursuant to section 63.18h of the Commissions rules. 47 CFR
63.18h; see Erratum, 47 CFR 1.40001d.
4 See Executive Order No. 13913, 85 FR at 19645, 5. During the initial review or secondary assessment of an application, if an applicant fails to respond to any additional requests for information after the Chair determines the responses are complete, the Committee may either extend the initial review or secondary assessment period or make a recommendation to the FCC to dismiss the application without prejudice. Id. at 5d.

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Commission.5 As explained in the Executive Branch Review Order, responses to the Standard Questions are only required to be submitted for applications that the Commission refers to the Committee. If an application is not subject to referral, or is subject to one of the exclusion categories in section 1.40001a2, then the applicant need not submit responses to the Standard Questions to the Committee.6
5. Under the Commissions rules, the Committee has up to 30 days after the Commission refers an application to send further specifically tailored questions Tailored Questions to an applicant in the event that additional information is needed to conduct the national security and law enforcement review of the application. The initial 120-day review time frame begins when the Committee Chair notifies the Commission that it has determined that the responses to the national security and law enforcement questions are complete.7
5 Executive Branch Review Order, 35 FCC Rcd at 10946, paragraphs 48 through 49; see Erratum, 47
CFR 1.40003a, 47 CFR 1.767i, 1.5001m, 63.18p effective date delayed indefinitely, see 85
FR 76360, Nov. 27, 2020. Currently, and consistent with the national security and law enforcement agencies practice prior to release of the Executive Branch Review Order, the Committee generally initiates review of a referred application by sending the applicant a set of questions seeking further information that is, after an application has been filed. The applicant provides answers to these questions and any follow-up questions directly to the Committee, without involvement of Commission staff. The Committee uses the information gathered through the questions to conduct its review and determine whether it needs to negotiate a mitigation agreement, which can take the form of a letter of assurances or national security agreement with the applicant to address potential national security or law enforcement issues. See Executive Branch Review Order, 35 FCC
Rcd at 10929 through 30, paragraph 5.
6 Since the Executive Branch Review Order specifically stated that applicants whose application comes within the categories of applications generally excluded from referral will not be required to submit responses to the Standard Questions, we see no need to make any changes to address MLBs suggestion that an applicant submitting an application that fits within the referral exclusion categories should only be required to complete a certification to that effect and be able to forgo responding to the Standard Questions. See Executive Branch Review Order, 35
FCC Rcd at 10942, paragraph 40, n.107.
7 47 CFR 1.40004e1 In the event that the Executive Branch has not transmitted the tailored questions to an applicant within thirty 30 days of the Commissions referral of an application, petition, or other filing, the Executive Branch may request additional time by filing a request in the public record established in all applicable Commission file numbers and dockets associated with the application, petition, or other filing. The Commission, in its discretion, may allow an extension or start the Executive Branchs 120day review clock immediately. If the Commission allows an extension and the Executive Branch does transmit the tailored questions to the applicant, petitioner, or other filer within the authorized extension period, the initial 120day review period
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6. Standard Questions Public Notice.
On December 30, 2020, the Bureau released a public notice seeking comment on six separate sets of Standard Questions and a supplement for the provision of personally identifiable information PII, all of which are based on questions that the Committee currently provides to applicants after our referral of an application.8 Specifically, the Bureau invited comment on specific suggested changes to language in the questions contained in the following documents:
Attachment AStandard Questions for an International Section 214
Authorization Application.9 Standard Questions for an international section 214 authorization application filed pursuant to 47 CFR 63.18, including a modification of an existing authorization;
Attachment BStandard Questions for an Application for Assignment or Transfer of Control of an International Section 214 Authorization.10 Standard Questions for an assignment or transfer of control of an international section 214 authorization application filed pursuant to 47 CFR 63.24;
Attachment CStandard Questions for a Submarine Cable Landing License Application.11 Standard Questions for a cable landing license application filed pursuant to 47 CFR 1.767 including a modification of an existing license;
Attachment DStandard Questions for an Application for Assignment or Transfer of Control of a Submarine Cable Landing License.12 Standard will begin on the date that Executive Branch determines the applicants, petitioners, or other filers responses to be complete. If the Executive Branch does not transmit the tailored questions to the applicant, petitioner, or other filer within the authorized extension period, the Commission, in its discretion, may start the initial 120day review period..
8 International Bureau Seeks Comment on Standard Questions for Applicants Whose Applications Will Be Referred to the Executive Branch for Review Due to Foreign Ownership, IB
Docket No. 16155, Public Notice, 35 FCC Rcd 14906 IB 2020, 86 FR 12312 Mar. 3, 2021
Standard Questions Public Notice.
9 Standard Questions Public Notice, Attachment AStandard Questions for an International Section 214 Authorization Application, 35 FCC Rcd at 14911 Attachment A/International Section 214.
10 Standard Questions Public Notice, Attachment BStandard Questions for an Application for an Assignment or Transfer of Control of an International Section 214 Authorization, 35 FCC
Rcd at 14924 Attachment B/International Section 214 Assignment or Transfer.
11 Standard Questions Public Notice, Attachment CStandard Questions for Submarine Cable Landing License Application, 35 FCC Rcd at 14938
Attachment C/Submarine Cable Application.
12 Standard Questions Public Notice, Attachment DStandard Questions for an Application for Assignment or Transfer of Control of a Submarine Cable Landing License, 35 FCC Rcd at 14951

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