Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector
Executive Order 13913 creates a new interagency Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (the Committee). Its core purpose is to assist the Federal Communications Commission (FCC) in evaluating whether foreign involvement in U.S. telecommunications licenses and services raises national security or law enforcement concerns. The order sets up a formal process for reviewing license applications and transfers, identifying risks, and recommending actions to the FCC, including dismissing, denying, modifying with mitigation, or revoking licenses. It places emphasis on risk-based analysis and requires collaboration with the Intelligence Community, particularly the Director of National Intelligence (DNI), and with the National Telecommunications and Information Administration (NTIA). The order structures the Committee’s composition, decision-making processes, timelines, and monitoring of any mitigation measures. It anticipates information sharing with other agencies (including CFIUS) and requires a memorandum of understanding within 90 days to guide implementation. It also authorizes funding and staff support, annual reporting to the President, and clarifies that the order does not create individual rights or limit existing authorities. Overall, it formalizes a centralized, government-wide framework to scrutinize foreign participation in U.S. telecommunications from a national security and law enforcement perspective.
Key Points
- 1Establishment and composition of the Committee
- 2- Creates the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector, chaired by the Attorney General, with key members including the Secretary of Defense, the Secretary of Homeland Security, and the head of another executive department or agency as the President determines appropriate; and a group of senior officials designated as Committee Advisors.
- 3Core mission and authorities
- 4- The Committee’s primary objective is to assist the FCC in reviewing licenses and transfers for risks to national security and law enforcement interests, and to recommend actions to the FCC (dismiss, deny, condition with mitigation, modify, or revoke) as appropriate.
- 5Review processes and timelines
- 6- Upon FCC referral, the Committee conducts an initial review (up to 120 days) to determine if there is no risk, risk mitigable by standard measures, or a need for a secondary assessment (up to 90 days). If a secondary assessment is warranted, it is conducted to further evaluate risk and determine recommendations.
- 7Threat assessment and information sharing
- 8- The Director of National Intelligence must produce a written threat assessment for each license or application reviewed, incorporating input from the Intelligence Community, and share ongoing information as needed. The NTIA coordinates the final FCC notification of any Committee recommendations.
- 9Mitigation, monitoring, and enforcement
- 10- The Committee can propose standard or non-standard mitigation measures, monitor compliance with those measures, and, if noncompliance is found, recommend further actions (including modification, suspension, or revocation of a license). The process includes provisions for consensus-building, with majority votes if necessary, and escalation to a vote by the Committee Members and Advisors.
- 11Implementation and oversight
- 12- The order authorizes funding and staff support, requires a Memorandum of Understanding within 90 days outlining implementation details (including information requests and standard mitigation measures), and mandates an annual report to the President on policy, administrative, or legislative proposals related to the order.