FCC Adopts Cross-Border Communications Security Rules: Baseline Cybersecurity, 5 Percent Ownership Reporting and Border Facility Disclosures for Section 214 Holders
The Federal Communications Commission (FCC) adopted final rules on October 29 in Washington bolstering security for carriers authorized to provide international telecommunications services, tightening oversight of international communications entering the United States and enhancing transparency for communications across the U.S.-Mexico and U.S.-Canada borders.
The rules modernize the FCC's international Section 214 framework. Authorization holders and applicants must adhere to baseline cybersecurity practices such as those promulgated by the National Institute of Standards and Technology (NIST); the use or addition of equipment and services on the FCC's Covered List is prohibited; and service must commence within one year of a grant of international Section 214 authority.
On reporting, applicants and authorization holders must provide information about facilities used to provide service crossing the U.S.-Mexico and U.S.-Canada borders; applicants must report ownership at a 5 percent threshold; and they must identify their services and geographic markets and whether they use third-party service providers controlled by foreign adversaries.
The FCC also reported findings from its 2023 one-time information collection: about 1,235 of roughly 7,000 international Section 214 authorization holders responded, four reported foreign adversary ownership, and two entities known to have such ownership did not respond. A further one-time collection will establish baseline data under the new rules.
A Further Notice of Proposed Rulemaking adopted the same day seeks comment on additional measures, including a presumption against granting Section 214 authority to certain untrusted entities, added cybersecurity and physical security certifications, bans on arrangements such as capacity leases with untrusted entities, enhanced facility information, information sharing with federal agencies, and bars on access to communications infrastructure by individuals located in foreign adversary countries.
The action was taken by Report and Order and Further Notice of Proposed Rulemaking, FCC 26-74, in IB Docket No. 23-119 and MD Docket No. 23-13, with Chairman Brendan Carr and Commissioners Anna Gomez and Olivia Trusty approving; Carr and Trusty issued separate statements.
Source: GSM · USA (original Chinese edition)
Photo: 图：位于 Washington 的美国联邦通信委员会会议室，墙上可见FCC徽记。FCC照片，经 Wikimedia Commons。 / Photo: A meeting room at Federal Communications Commission headquarters in Washington, with the FCC seal on the wall. FCC photo, via Wikimedia Commons.
