FCC Establishes Foreign Adversary Control Reporting Requirements for Licenses

The FCC established new foreign adversary control transparency rules for those who hold or have applied for a range of Commission-granted licenses, leases, authorizations, grants, permits, and other approvals. The goal is to promote public transparency and enhance the agency’s ability to assess and protect the U.S. against emerging national security threats. Officials said at last week’s vote the action will ensure the public can see a list of FCC licensees that are owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.

“Foreign adversaries have made clear their intent to probe and penetrate vulnerabilities across our communications ecosystem,” said FCC Chair Brendan Carr. “We have seen this through cyberattacks like Salt Typhoon. We have seen it in the equipment pipeline, where foreign adversary‑controlled labs could attempt to influence the testing and approval of devices bound for the U.S. marketplace. And we have seen it at the carrier level, where entities with concerning ties to foreign governments have sought to operate in U.S. networks despite clear national‑security risks.”  

The Report & Order (R&O) requires holders of certain FCC licenses, permits, and authorizations to certify if they are owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. Specifically, the FCC has categorized licenses, authorizations, and other FCC approvals into groups (e.g., wireless services, satellite, media, and submarine cables) each with different disclosure requirements based on the risks to national security.

The R&O will require regulatees that certify their foreign adversary control disclose additional information, including all equity and voting interests of five percent or greater. They must disclose controlling interests held in the regulatee, the identity of the foreign adversary country or countries, and the nature of their control.

The R&O will establish a single, consolidated reporting system and set a filing deadline of 60 days—120 days for small entities—after the FCC announces the launch date. The R&O establishes penalties for violators of the new rules and enforcement policies and procedures for non-compliance, while making clear that failure to comply can result in revocation. 

By Leslie Stimson, Inside Towers Washington Bureau Chief

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