Overview and Purpose of the Draft Framework
The Federal Communications Commission (FCC) has circulated a draft Report and Order in GN Docket No. 25-166 aimed at identifying and mitigating national security risks tied to foreign adversary control of FCC-granted licenses, leases, authorizations, permits, and approvals. If adopted, the framework would establish a new Subpart GG in Part 1 of the Commission's rules, requiring regulated entities to disclose direct or indirect ownership, control, or direction by designated foreign adversaries.
The draft rules establish a risk-based classification structure that groups covered authorizations into three distinct tiers—Schedules A, B, and C. The scope of information required, reporting mechanisms, and compliance timelines are differentiated based on network criticality, potential vulnerability, entity size, and administrative burden.
Key Definitions and Foreign Adversary Scope
The draft order aligns its core definitions with Department of Commerce regulations under 15 CFR § 791.2 and § 791.4, as well as prior Commission determinations in its Submarine Cable proceeding (47 CFR § 1.70001). Under the rules, 'Foreign Adversary Control' applies to any entity or individual owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
Under 47 CFR § 1.70001(g), foreign adversary control includes scenarios where an adversary possesses direct or indirect power to decide important matters affecting an entity through majority or dominant minority interests (defined as 10% or greater equity or voting interest), board representation, proxy voting, special shares, or contractual arrangements.
The foreign adversaries designated under the rule incorporate those listed by the Department of Commerce in 15 CFR § 791.4:
- The People's Republic of China, including the Hong Kong Special Administrative Region and the Macau Special Administrative Region
- The Republic of Cuba
- The Islamic Republic of Iran
- The Democratic People's Republic of Korea
- The Russian Federation
- Venezuelan politician Nicolás Maduro
Three-Tier Schedule Classification of Covered Authorizations
The draft rules classify Commission authorizations into three schedules with varying levels of reporting obligations:
Schedule A requires all holders and applicants to submit a definitive attestation certifying either the presence or absence of foreign adversary control. Schedule A authorizations encompass high-risk and backbone communications infrastructure, including:
Schedule B requires attestations only from entities that are subject to foreign adversary control (an affirmative-only filing). Regulatees in this category without foreign adversary control have no filing obligation. Schedule B covers localized and lower-risk infrastructure, such as:
Schedule C authorizations are completely exempt from the initial attestation requirement. This schedule includes amateur radio licenses, General Mobile Radio Service (GMRS), ship and aircraft radio licenses, Part 13 commercial operator permits, voluntary antenna structure registrations, Commission auction applications, and equipment authorized solely under the Supplier's Declaration of Conformity (SDoC) process.
- Schedule A: Broadband-capable geographic-area commercial wireless licenses (e.g., AWS, PCS, Cellular, BRS, 600 MHz, 700 MHz, 3.45 GHz, 3.7 GHz, UMFUS) and certified frequency coordinators
- Schedule A: Space and earth station authorizations under Part 25, pending and granted Section 310(b) foreign ownership declaratory rulings, and submarine cable landing licenses
- Schedule A: Domestic Section 214 blanket authorizations (identified via FCC Form 499-A) and international Section 214 authorizations
- Schedule A: Eligible Telecommunications Carrier (ETC) designations, interconnected VoIP direct access to numbering resources, and Internet-based Telecommunications Relay Services (TRS) certifications
- Schedule A: Equipment certifications under Part 2 Subpart J, Data Network Identification Codes (DNICs), International Signaling Point Codes (ISPCs), and Recognized Operating Agencies (ROAs)
- Schedule A: Broadcast (AM, FM, TV, Class A, LPFM, translators) and Cable Television Relay Service (CARS) licenses held by entities with six or more full-time employees
- Schedule B: Site-based and non-broadband geographic wireless services, private land mobile radio, and database managers for 70/80/90 GHz band registrations
- Schedule B: Mandatorily registered antenna structures under 47 CFR § 17.4(a)
- Schedule B: Broadcast, CARS, international broadcast station, and Section 325(c) authorizations held by entities with five or fewer full-time employees
Disclosures, Filing System, and Timelines
Any regulatee attesting affirmatively to foreign adversary control—regardless of schedule—must provide detailed disclosures, including: (1) identification of all 5% or greater direct or indirect equity and/or voting interest holders, controlling parties, and an ownership diagram of vertical corporate structure; (2) the specific foreign adversary or country involved; (3) a narrative describing the nature of the control or direction; and (4) a certification of truth and accuracy under penalty of law.
Filings will be submitted through a single, centralized web portal designated as the Foreign Adversary Control System (FACS), administered by the Office of Economics and Analytics (OEA) and the Public Safety and Homeland Security Bureau (PSHSB). Submitted attestations and disclosures are slated to be publicly accessible, subject to appropriate confidentiality determinations for sensitive data.
The initial filing deadline is set at 60 days following the release of a public notice announcing the operational launch of FACS. Small entities, defined according to Small Business Administration (SBA) size standards under 13 CFR § 121.201, will receive an extended filing period of 120 days from the public notice. State and local government agencies, federally recognized Tribal Nations, and Tribal-controlled businesses are entirely exempt from the rules.
Ongoing Reporting Triggers and Streamlined Revocation
Beyond the initial collection, regulatees face ongoing reporting requirements. Regulatees must submit updated attestations and disclosures within 30 days of becoming subject to foreign adversary control, within 60 days (120 days for small entities) of an addition to the Commerce Department foreign adversary list, within 30 days of changes to any 5% equity/voting or controlling interest, and upon applying for new authorizations, renewals, modifications, or non-pro forma assignments and transfers of control.
The draft order establishes a three-step streamlined revocation framework for non-compliance, incomplete submissions, or false attestations: (1) a Notice of Deficiency allowing 30 calendar days to cure or respond; (2) an Order to Show Cause providing 15 calendar days to show why the authorization should not be revoked; and (3) an Order of Revocation. However, where statutory provisions mandate formal administrative hearings—such as broadcast and wireless license revocations governed by Section 312 of the Communications Act—the Commission will apply statutory hearing procedures rather than the streamlined administrative mechanism.