Protecting Against National Security Threats in Domestic Telecommunications Service
Key claim: The FCC proposes to bar entities on its national-security ‘Covered List’ from providing domestic interstate telecommunications services by excluding them from blanket authority under section 214 of the Communications Act.
Abstract
(Proposed Rule · Federal Communications Commission) The Secure and Trusted Communications Networks Act of 2019 (Pub. L. 116-124, 134 Stat. 158 (2020) (codified as amended at 47 U.S.C. 1601-1609)) mandates that the Federal Communications Commission (Commission) publish and maintain a list of communications equipment and services (i.e., the Covered List) that have been determined by agencies with national security responsibilities to pose an unacceptable risk to the national security of the United States or the security and safety of U.S. persons. In this document, the Commission adopted a Notice of Proposed Rulemaking (NPRM) that proposes to exclude entities identified on the “Covered List” from providing domestic interstate telecommunications services pursuant to blanket authority under section 214 of the Communications Act of 1934, as amended (47 U.S.C. 214). The NPRM also seeks comment on other potential exclusions from blanket authority under section 214 and other related measures.
Why this matters
Section 214 blanket authority is the default gateway for carriers to provide domestic interstate telecommunications; conditioning it on Covered List status closes a remaining channel through which flagged foreign-adversary-linked entities could operate in U.S. networks. The rulemaking signals a shift from equipment-focused and international-service restrictions toward a comprehensive lifecycle exclusion covering domestic carriage, with compliance and market-access implications for affiliates of listed entities.