- and renewal of authorizations would ensure that the FCC and the Executive Branch continually account for evolving national security, law enforcement, policy, and trade risks.
- Congress should statutorily authorize the EO Telecom Committee. The Administration established the EO Telecom Committee, which formalizes Team Telecom, but the EO Telecom Committee still has no governing statutory authority. Team Telecom's historical lack of statutory authority led to a review process criticized by many as "opaque" and "broken." The recent Executive Order is a positive step, but formal legislative authority will provide for greater oversight over foreign carriers.
- Congress should preserve the role of other relevant Executive Branch agencies. Team Telecom was comprised of DOJ, DHS, and DOD officials. These agencies are also the primary components of the newly established EO Telecom Committee. Historically, the FCC has sought input on a foreign carrier's application from other Executive Branch agencies, including the Department of State, Department of Commerce, and the U.S. Trade Representative. The recent Executive Order makes these agencies, and others, advisors to the EO Telecom Committee. These agencies provide invaluable input and their role in the review process must be accounted for in any formal legislation.
- Congress should set deadlines by which decisions on FCC-related application reviews must be made. Team Telecom had no set deadlines by which it needed to complete its review of a foreign carrier's application pursuant to the FCC's request. Further, Team Telecom's already limited resources were often focused on actions related to the Committee on Foreign Investment in the United States ("CFIUS"). This resulted in protracted reviews and business uncertainty. Setting deadlines will imbue trust back into the review process. The recent Executive Order imposed certain timelines, but it allows for the EO Telecom Committee to seek extensions, which could draw out the review process, especially if resources remain limited.
- Congress should provide sustained resources necessary for the EO Telecom Committee to effectively assess foreign carriers' applications and to monitor foreign carriers operating in the United States. The Foreign Investment Risk Review Modernization Act of 2018 provided CFIUS agencies specialized authority to hire staff to ensure agencies can manage CFIUS filings. EO Telecom Committee agencies should be provided a similar authority to ensure it is able to
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