Requirements for Applications and Petitions Subject to Executive Branch Review

Overview:  The Commission refers to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Committee), the 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 310(b) foreign ownership rulings.  In the Executive Branch Standard Questions Order, the Commission adopted a set of Standard Questions that certain Applicants and Petitioners with reportable foreign ownership are required to answer.  The Standard Questions consist of six separate questionnaires (based on subject matter) and a supplement for the provision of personally identifiable information (PII).  Under the rules, an Applicant/Petitioner whose application and/or petition is referred to the Committee must provide:

• Responses to the Standard Questions for its type of application/petition directly to the Committee prior to or at the same time that it files the application and/or petition with the Commission (do not send the responses to the Commission); and  
• a copy of its application(s) and/or petition subject to review by the Committee within three (3) business days after submission to the Commission. 

FCC Standard Questions:  The Standard Questions are available for download below.  In addition to the Standard Questions, an Applicant/Petitioner must also submit a Submission Exemplar (Exemplar) for certain Standard Questions.  The Exemplars are in Excel workbooks.  The columns in each page of an Exemplar spreadsheet correspond to specific questions in one or more of the Standard Questions.  The responses provided in the Exemplar do not need to be repeated in the questionnaire.

An Applicant/Petitioner subject to Committee referral should download the appropriate Standard Questions Attachment and the Exemplar for its specific filing and provide responses directly to the Committee in the downloaded attachment and Exemplar.  An Applicants/Petitioner subject to Committee referral should include in an attachment to its application/petition a statement that affirms that it has submitted its responses to the Standard Questions to the Committee.

Standard Questions

International Section 214 Authorization Application

• Attachment A - Standard Questions for an International Section 214 Authorization Application.
• Attachment B - Standard Questions for an Application for Assignment or Transfer of Control of an International Section 214 Authorization.
  • Exemplar for Attachments A and B – International Section 214 and 310(d) (Common Carrier Wireless and Earth Station)

Submarine Cable License Application

• Attachment C - Standard Questions for a Submarine Cable Landing License Application
• Attachment D - Standard Questions for an Application for Assignment or Transfer of Control of a Submarine Cable Landing License
  • Exemplar for Attachments C and D - Submarine Cable

Section 310(b) Petition for Declaratory Ruling

• Attachment E - Standard Questions for a Section 310(b) Petition for Declaratory Ruling Involving a Broadcast Licensee
  • Exemplar for Attachment E - 310(b) (Broadcast)
• Attachment F - Standard Questions for a Section 310(b) Petition for Declaratory Ruling Involving a Common Carrier Wireless or Common Carrier Earth Station Licensee
  • Exemplar for Attachment F – International Section 214 and 310(b) (Common Carrier Wireless and Earth Station)

How to File the Responses to the Standard Questions and send a Copy of the FCC Application/Petition to the Committee

Below are the instructions on how to submit the completed responses to the Standard Questions, the Exemplar, and a copy of the FCC application directly to the Committee.

1. Send Initial Email to the Committee to Obtain a File Sharing Link.  You must request a link to the Committee’s file sharing platform in order to file your responses to the Standard Questions and the copy of the FCC application/petition with the Committee.  You can obtain the link by sending an email to DOJ.TT.StandardQuestions@usdoj.gov.  In your email,
   • Request a link to the file sharing platform;
   • Identify all applicants/petitioners and provide a points of contact for each applicant/petitioner (name, title, phone number, email address).
   • NOTE:  DO NOT SEND YOUR RESPONSES TO THE STANDARD QUESTIONS OVER EMAIL.
2. The Applicant/Petitioner Will Receive a Link to the Committee’s File Sharing Platform.  After you send your initial email to the Committee, you will receive a response with a link to a file sharing platform used to submit/upload responses to the Standard Questions, Exemplar, and a copy of the application/petition.
   • Documents with Personally Identifiable Information (PII) need to be zipped files. 
     • Un-zipped folder uploads are not supported.
   • Submit files only via the link to the file sharing platform provided.
   • Applicant/Petitioner must use the Exemplars available on this website.
   • The screen will display a notice that the files were successfully uploaded.
3. Files cannot be viewed, edited, or deleted after submission.  
4. The Committee will contact you once it reviews your submissions.

Additional FCC Requirements

Executive Branch Certifications and Points of Contact

Certifications.  All applications for international sections 214 authorizations, submarine cable landing licenses, and petitions for declaratory ruling to exceed the foreign ownership benchmarks under section 310(b) of the Communications Act must include certain certifications regarding national security and law enforcement requirements.  47 CFR §§ 1.767(a)(8)(i), 1.5001(n), 1.5001(n)(1), 1.5001(n)(2), 63.18(q).   The certifications must be included in an attachment to the application/petition.

• Certifications for applications for international sections 214 authorizations, submarine cable landing licenses, and petitions for declaratory ruling filed by common carrier applicants, licensees, or spectrum lessees to exceed the foreign ownership benchmarks under section 310(b) of the Communications Act.
• Certifications for petitions for declaratory ruling filed by broadcast applicants and licensees to exceed the foreign ownership benchmarks under section 310(b)(4) of the Communications Act.

Agent for Legal Service of Process.  In addition, each applicant or petitioner must “designate a point of contact who is located in the United States and is a U.S. citizen or lawful U.S. permanent resident, for the execution of lawful requests and as an agent for legal service of process.”  47 CFR §§ 1.47(h), 63.18(q).  The agent’s contact information for the execution of lawful requests and for legal service of process must be included in an attachment to the application/petition.  The applicant may also designate an alternative contact.

• The Applicant/Petitioner must include the following information for each of its:  (1) contact and alternative contact for the execution of lawful requests and (2) agent and alternate agent for legal service of process:

          Name
          Company
          Address
          Phone Number
          FAX Number
          Email Address

Relevant Orders, Public Notices, and Related Sources:

• Executive Branch Review Order.  Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, IB Docket No. 16-155, Report and Order, 35 FCC Rcd 10927 (2020) (Executive Branch Review Order), Erratum, Appendix B – Final Rules, 35 FCC Rcd 13164 (OMD/IB 2020). 
  • Federal Communications Commission, Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, 85 Fed. Reg. 76360 (Nov. 27, 2020).
  • Federal Communications Commission, Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, 89 Fed. Reg. 68117 (Aug, 23, 2024).
• Executive Branch Standard Questions Order.  Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, IB Docket No. 16-155, Second Report and Order, 36 FCC Rcd 14848 (2021) (Executive Branch Standard Questions Order).
  • Federal Communications Commission, Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, 86 Fed. Reg. 68428 (Dec. 2, 2021).

FCC and Committee Contacts for Assistance: 

• FCC’s Office of International Affairs - For questions about the Executive Branch rules, email the FCC’s Office of International Affairs, Telecommunications & Analysis Division at FCC-OIA-TAD@fcc.gov.
• Committee - For questions about the Committee submissions or other inquiries regarding applications referred for national security/law enforcement review, email the Committee at DOJ.TT.StandardQuestions@usdoj.gov
• NTIA - Inquiries regarding applications referred to the Executive Branch for foreign or trade policy concerns, email NTIA at mailto:ntia-tt@ntia.gov.