Recommendations
- The FCC should complete its review of China Telecom Americas, China Unicom Americas, and ComNet in a timely manner. Team Telecom has recommended that China Telecom Americas' authorizations be revoked because of "substantial and unacceptable" national security concerns. The FCC should expeditiously review the authorizations of China Telecom Americas and the other Chinese state-owned carriers to ensure our national security and communications networks are not unnecessarily put at risk. As part of its review of China Unicom Americas' and ComNet's authorizations, the FCC should seek the recommendation of the newly established EO Telecom Committee as to national security and law enforcement concerns associated with the carriers' authorizations. The analysis should also include a decision as to whether risks can be mitigated—through the existing security agreements or new agreements.
- The FCC should establish a clear standard and process for revoking a foreign carrier's existing authorizations. Currently, there is no clear standard or process for revoking a foreign carrier's existing authorizations. Telecommunications companies must understand the circumstances under which authorizations could be revoked and be afforded due process to challenge potential revocation. Team Telecom officials indicated that they do not know what the FCC considers a "sufficient" basis for a revocation. Thus, while government officials may believe revocation is warranted, they may not recommend revocation without additional guidance. A formal standard and revocation process would provide clear guidance to both the government and industry as to when revocation of an existing authorization is warranted.
- Congress should require the periodic review and renewal of foreign carriers' authorizations to provide international telecommunications services. Currently, these authorizations can exist in perpetuity. Although the recent Executive Order allows the EO Telecom Committee to review existing authorizations, it does not mandate periodic review or renewal. Considering the limited resources DOJ and DHS dedicated to Team Telecom's review of foreign carriers' applications, it is unlikely that they will review many existing authorizations. National security and law enforcement concerns, as well as trade, and foreign policy concerns, however, are ever evolving, meaning that an authorization granted in one year may not continue to serve the public interest years later. Requiring a periodic review
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