(a) * * *

(16) Authority is delegated to OIA, in consultation with the Public Safety and Homeland Security Bureau, the Committee Members as defined in § 1.70001(l), and other federal agencies, as needed, to adopt necessary policies and procedures to make determinations regarding submarine cable licensing and policy matters, including through clarifications, declaratory rulings, and further guidance.

(a) * * *

(1) The Commission will generally refer to the Executive Branch agencies applications filed for an international section 214 authorization and submarine cable landing license as well as an application to assign, transfer control of, or modify those authorizations and licenses where the applicant has reportable foreign ownership and petitions for section 310(b) foreign ownership rulings for broadcast, common carrier wireless, and common carrier satellite earth station licenses pursuant to Subpart FF and §§ 63.18 and 63.24 of this chapter, and 1.5000 through 1.5004.

(2) * * *

(v) Applications filed pursuant to § 1.70020 of this chapter where:

(A) The applicant(s) is a cable landing licensee of the submarine cable system ( printed page 46854) for which the renewal or extension application is filed;

(B) The applicant(s) previously filed an application involving the same submarine cable system that was referred to and reviewed by the Executive Branch agencies within three years of the filing of the renewal or extension application. To the extent there are multiple licensees of the submarine cable system, all of the licensees must have jointly filed a previous application that was reviewed by the Executive Branch agencies within three years of the instant filing;

(C) There is a mitigation agreement on which the cable landing license is conditioned, and the applicant(s) certifies that it is in compliance and will continue to comply with the terms of the mitigation agreement;

(D) There are no new individuals or entities that hold ten percent or greater direct or indirect equity and/or voting interests, or a controlling interest, in any applicant(s) since that prior review by the Executive Branch agencies; and

(E) The applicant(s) is not owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), and certifies that it is not subject to the presumptive disqualifying conditions in §§ 1.70002(c) and

1.70004(a) and (b).

(b) To presumptively qualify for exemption from referral to the Executive Branch agencies, an applicant, or in the case of an application jointly filed by multiple applicants, each joint applicant, must certify that it meets the national security standards set forth below in an application for a cable landing license or modification, assignment, transfer of control, or renewal or extension of a cable landing license:

(1) The applicant must be a licensee and certify that:

(i) It either has a cable landing license that was granted by the Commission after November 27, 2020 and is conditioned on compliance with a mitigation agreement or, starting in 2028, it was granted (within the previous five (5) years) a license that is conditioned on compliance with a mitigation agreement or was granted pursuant to the exemption process as described in § 1.40001(b);

(ii) There are no new individuals or entities that hold 10% or greater direct or indirect equity and/or voting interests, or a controlling interest, in the applicant since the most recent review by the Commission; and

(iii) It is in compliance with the terms of any existing mitigation agreement(s) on which any of its cable landing license(s) is conditioned.

(2) The applicant must certify that:

(i) No entity holding less than 5% direct interest in the submarine cable system is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g);

(ii) The applicant has not entered into and will not enter into an agreement, formal or informal, with entities owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), to secure financing (such as business loans or bonds, debts, lines of credit, debt forgiveness, or in kind contributions or services) related to or affecting the submarine cable system; and

(iii) The applicant has no strategic partnerships nor has entered or will enter into mergers with entities owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), that might affect access to and/or the management or operation of the submarine cable system.

(3) The applicant must certify that:

(i) No senior official of the applicant or the applicant's parent company(ies) meets the definition of “owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary,” as defined in § 1.70001(g), and

(ii) No senior official of the applicant or any of the applicant's parent company(ies) performs or will perform duties with respect to the submarine cable system from a foreign adversary country, as defined in § 1.70001(f).

(iii) For purposes of this paragraph (b)(3), the term “senior official” is defined as a board member or executive-level management, including an individual who performs the duties, or any of the duties, ordinarily performed by a president, vice president, secretary, treasurer, Chief Executive Officer, Chief Technical Officer, Chief Operations Officer, Chief Information Officer, and/or Chief Financial Officer, or other officer.

(iv) Individuals that perform duties indicative of executive-level management may be included for purposes of this certification, and the Commission may seek additional information from an applicant to verify its certification under this national security standard.

(4) The applicant must certify that it will prohibit its customers or any further downstream customers from entering into a new or an extension of an existing arrangement, such as for indefeasible rights of use (IRUs) or leases for capacity on the submarine cable, where such arrangement would give an entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), the ability to install, own, or manage SLTE on the submarine cable.

(i) The applicant must also certify that it will adopt contractual provisions in the arrangements described in this paragraph (b)(4) that prohibit its customers or any further downstream customers from selling, leasing out, sharing, or swapping fiber, spectrum, or capacity to or with an entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g).

(ii) [Reserved]

(5) The applicant must certify that it will:

(i) File with the Commission and the Committee Members, as the term is defined in § 1.70001(l) and used hereafter in this section, a list identifying all of its arrangements described in paragraph (b)(4) of this section and provide copies of all such arrangements within sixty (60) days of commencing service on the submarine cable, consistent with the requirements of § 1.70007(ii)(4), and

(ii) Continue filing the information in paragraph (b)(5)(i) and copies of all such arrangements with the Commission and the Committee Members as part of an annual report, consistent with the requirements of § 1.70007(ii)(4).

(6) The applicant must certify that the submarine cable system will not connect directly or via a branching unit with a submarine cable:

(i) That is owned or operated by an entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), or

(ii) That lands in a foreign adversary country, as defined in § 1.70001(f).

(7) The applicant must certify that it has created and will implement and update an enhanced cybersecurity and physical security risk management plan.

(i) The applicant must affirm, as part of the cybersecurity and physical security risk management certification ( printed page 46855) required under §§ 1.70005(m) and 1.70006(c), that such plan is structured in accordance with the National Institute of Standards and Technology (NIST) Cybersecurity Framework (CSF) (NIST CSF), and meets a set of established cybersecurity best practices, such as the standards and controls set forth in the Cybersecurity and Infrastructure Security Agency's (CISA) Cybersecurity Cross-Sector Performance Goals and Objectives (CISA CPGs), or the Center for internet Security's Critical Security Controls.

(ii) The applicant shall submit this plan to the Commission and the Committee Members at the time of filing the application. The cybersecurity and physical security risk management plans provided under this subsection shall be treated as presumptively confidential.

(8) The applicant must certify that it will:

(i) Report to the Commission and to the Committee Members in writing within seventy-two (72) hours if it learns of information that reasonably indicates unauthorized access to, or disruption or corruption of, a submarine cable system, its management servers, or any service, communications, or information being carried on a submarine cable system, or a significant attempt to gain unauthorized access to such system, service, communications, or information. This includes unauthorized access to, or disruption or corruption of, third-party service providers' (as defined in § 1.70001(d)) systems, SLTE owners' or operators' systems, or IRU holders' systems that could reasonably be expected to harm the physical or logical security of the submarine cable system. Reportable incidents include, but are not limited to, unauthorized physical or logical access to cable facilities, including but not limited to, the cable landing station space or any NOC, as defined in § 1.70001(n); unauthorized access to or disclosure of network management information; cable cuts; data compromise; or unauthorized system modification.

(ii) Submit to the Commission and Committee Members, within fifteen (15) days of learning of the incident a detailed written report describing in greater depth the incident identified in the initial report and its steps to remediate that incident.

(iii) Submit updates to the Commission and the Committee Members, as requested by the Commission, and continue providing supplementary information until the Commission's evaluation is complete.

(iv) For purposes of this § 1.40001, the term “unauthorized” is defined as in a manner without permission or that exceeds authorization. The term “access” is defined consistent with § 1.70001(i).

(9) The applicant must certify that it will implement heightened physical and logical security controls. For purposes of this section, the terms “domestic communications,” “principal equipment,” “Network Operations Center” (or “NOC”), “sensitive U.S. records” are defined consistent with § 1.70001(j), (m), (n), (o). Information provided pursuant to this subsection shall be treated as presumptively confidential. Specifically, the applicant must certify that it will implement heightened physical and logical security controls that:

(i) Meet appropriate physical security standards consistent with the Commission's rules in this paragraph (b)(9), such as taking all practicable measures to physically secure the submarine cable system, including the cable landing station(s), NOC(s), beach manholes and related sites, principal equipment, and Submarine Line Terminal Equipment (SLTEs);

(ii) Not provide any individual or entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), and/or an entity that is identified on the Covered List that the Commission maintains on its website pursuant to the Secure and Trusted Communications Networks Act of 2019 (Secure Networks Act), 47 U.S.C. 1601 through 1609, with physical and/or logical access to the submarine cable system, including but not limited to the cable landing station(s), NOC(s), beach manhole(s) and related sites, principal equipment, and SLTEs;

(iii) Not provide any individual or entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), and/or an entity that is identified on the Covered List with access to sensitive U.S. records and domestic communications;

(iv) Not provide any individual or entity located in a foreign adversary country, as defined in § 1.70001(f), with physical or logical access to the submarine cable system, sensitive U.S. records, or domestic communications;

(v) Adopt personnel screening and vetting measures for individuals whose position could involve securing principal equipment and/or physical and/or logical access to the submarine cable system (including but not limited to the cable landing station(s), NOC(s), beach manholes and related sites, principal equipment, and SLTEs), sensitive U.S. records, and/or domestic communications;

(vi) Adopt a written policy that will include, at a minimum, background investigations, public criminal records checks, or other analogous means to ascertain an individual's trustworthiness, subject to applicable law, conducted at least every five (5) years;

(vii) Ensure adherence to these requirements;

(viii) Report to the Commission and Committee Members the identities of all foreign individuals with physical and/or logical access to the submarine cable system (including but not limited to the cable landing station(s), NOC(s), beach manholes and related sites, principal equipment, and SLTEs), sensitive U.S. records, and/or domestic communications, or who secure principal equipment, within thirty (30) days of the submarine cable commencing service; and report any changes on a quarterly basis, including identifying new personnel with access and personnel who no longer have access;

(ix) Provide the Commission and the Committee Members annually in the report described in paragraph (b)(10)(iii) of this section, with the submission of the names and information on: security officers, foreign participation, security policies, owners and officers, operational requirements, locations of access, principal equipment, third-party service providers (as defined in § 1.70001(d)), foreign persons or entities with access, SLTE owners and controllers, as well as any such information requested by the Commission and/or the Committee Member from the SLTE owners and operators. Authority is delegated to the Office of International Affairs, in coordination with the Public Safety and Homeland Security Bureau and the Committee Members as needed, to determine the information to be submitted and provide further guidance;

(x) Provide advance notification of thirty (30) days to the Commission and the Committee Members and obtain the majority of the Committee Members' non-objection in writing prior to the testing, adding, or use of any sensing capability (such as distributed acoustic, thermal, seismic, or other sensing) on the submarine cable system by any person ( e.g., licensee, other third party, service provider, principal equipment provider).

(A) Activities requiring advanced notice include but are not limited to:

( 1) The physical installation of specialized sensing hardware ( e.g., ( printed page 46856) Distributed Acoustic Sensing (DAS) or Distributed Temperature or Thermal Sensing (DTS) interrogators) at cable landing stations or specific cable segments, and wavelengths (if utilizing in-band Dense Wavelength Division Multiplexing (DWDM) sensing);

( 2) The activation or testing of integrated sensing capabilities within DWDM or Reconfigurable Optical Add-Drop Multiplexer (ROADM) systems, including State of Polarization (SOP) monitoring intended for environmental or security surveillance;

( 3) The deployment of inline sensors, including Scientific Monitoring and Reliable Telecommunications (SMART) repeaters;

( 4) Software or firmware upgrades that materially alter or expand the data collection capabilities of existing sensing equipment.

(B) The advanced notice submitted by the entity or person must include, at a minimum, the following information:

( 1) The specific type of sensing technology being deployed or tested ( e.g., DAS, DTS, Distributed Strain Sensing (DSS), SOP, SMART), including the make and model of primary hardware ( e.g., interrogator units);

( 2) The primary purpose of the sensing activity ( e.g., cable health monitoring, seismic research, vessel tracking, third-party commercial “Sensing as a Service”);

( 3) The specific cable segments, landing stations, and wavelengths (if utilizing in-band DWDM sensing) involved in the operation;

( 4) A description of the physical phenomena being measured ( e.g., acoustic vibrations, temperature, strain, polarization changes) and the expected resolution or sensitivity of the data; and

( 5) Whether the activity is a temporary test (including start and end dates) or a permanent integration into the network architecture; and

(xi) Provide updates to its submarine cable system information to the Commission and the Committee Members annually and within thirty (30) days of the change, to include but not limited to:

(A) A network and fiber map or diagram that includes physical and logical topology, including any terrestrial backhaul from the cable landing stations to the SLTE locations or other facilities housing principal equipment of the submarine cable;

(B) Network and telecommunications architecture descriptions and associated descriptions of interconnection points and controlled gateways to the principal equipment; and

(C) Descriptions of interfaces and connections to the submarine cable system for service offload, disaster recovery, or administrative functions.

(10) The applicant must certify that it consents to reporting to, and ongoing monitoring and inspection by, the Commission and the Committee Members throughout the term of the cable landing license to assess its compliance with all applicable routine conditions and national security standards. The applicant must also certify that it consents to:

(i) Monitoring and inspection of the applicant's facilities where principal equipment, as defined in § 1.70001(m), is located or that support the operation of the submarine cable system's connections to or from the United States, including but not limited to the NOC, as defined in § 1.70001(n), by the Commission and/or any other relevant U.S. government agencies, including the Committee Members;

(ii) Allowing the Commission and/or the Committee Members to meet with the applicant's personnel and conduct on-site interviews and to request additional information as necessary, throughout the term of the cable landing license, to verify the implementation of and compliance with all applicable routine conditions and national security standards;

(iii) Providing the Commission and Committee Members with an annual report, and upon request by the Commission, of its compliance with all applicable routine conditions and national security standards throughout the term of the license. The report shall include updated information and identify any changes made in the reporting period to:

(A) The names and contact information of the points of contact (POCs) and security and compliance officers;

(B) Ownership and foreign participation information;

(C) A list of all officers;

(D) The locations of access for the submarine cable;

(E) All third-party service providers, principal equipment, as defined in § 1.70001(m), and foreign persons or entities with access;

(F) The names and contact information of the SLTE owners and/or operators on the submarine cable, as well as any information requested by the Commission and/or the Committee Members from the SLTE owners and/or operators;

(G) All security policies;

(H) Any operational changes and/or expansion plans for the submarine cable;

(I) A summary of any events that occurred during the reporting period that will or reasonably could impact the effectiveness of or compliance with the national security standards; and

(J) A certification that the licensee remains in compliance with all applicable routine conditions and national security standards or, if there were any known acts of noncompliance with the routine conditions and national security standards, a summary of such acts—whether inadvertent or intentional, with a discussion of what steps have been or will be taken to prevent such acts from occurring in the future.

(K) The annual report shall be submitted each year in the relevant license file number(s) in ICFS, or any successor system. A copy of the annual report shall be filed directly with the Committee Members;

(iv) Allowing the Commission and/or the Committee Members to periodically, and no more than biennially, request a third-party audit or assessment of compliance with all applicable routine conditions and national security standards;

(v) Providing the Commission and the Committee Members with the name, title, business address, email address, and telephone number of a designated Security and Compliance Officer, who serves or will serve as the primary point of contact for license and compliance matters. This officer will be responsible for implementing and maintaining the applicant's cybersecurity and physical security risk management plans and ensuring adherence to the Commission's security and compliance requirements for the cable system. The application shall include a summary of the officer's qualifications relevant to cybersecurity, physical security, and regulatory compliance.

(A) The Security and Compliance Officer shall be a U.S. citizen who is eligible for a U.S. government security clearance at the “Secret” level or higher. The Security and Compliance Officer will possess the appropriate senior-level corporate authority, reporting lines, independence, technical skills, and resources required to assess the cybersecurity, physical security, and logical security of submarine cable systems and to ensure compliance with the applicable Commission rules and regulations.

(B) The applicant shall notify the Commission and the Committee within ten (10) days of any change in the designated officer or the officer's contact information. The applicant shall agree to work with the Commission and Committee Members to resolve any national security or law enforcement concerns that the Commission or ( printed page 46857) Committee may raise with respect to the Security and Compliance Officer; and

(vi) Notifying the Commission and the Committee Members within seventy-two (72) hours of any violation of applicable routine conditions or national security standards, including a description of the violation, an explanation for why it occurred, and a description of any steps taken to remediate the violation.

(c) The Commission will consider any recommendations from the Executive Branch agencies on pending application(s) for an international section 214 authorization or cable landing license(s) or petition(s) for foreign ownership ruling(s) pursuant to §§ 1.5000 through 1.5004 or on existing authorizations or licenses that may affect national security, law enforcement, foreign policy, and/or trade policy as part of its public interest analysis. The Commission will evaluate concerns raised by the Executive Branch agencies and will make an independent decision concerning the pending matter.

(d) In any such referral pursuant to paragraph (a) of this section, or when receiving information pursuant to paragraph (b) of this section or when considering any recommendations pursuant to paragraph (c) of this section, the Commission may disclose to relevant Executive Branch agencies, subject to the provisions of 44 U.S.C. 3510, any information submitted by an applicant, petitioner, licensee, or authorization holder in confidence pursuant to § 0.457 or § 0.459 of this chapter. Notwithstanding the provisions of § 0.442 of this chapter, notice will be provided at the time of disclosure.

(e) As used in this subpart, “reportable foreign ownership” for applications filed pursuant to Subpart FF and §§ 63.18 and 63.24 of this chapter means any foreign owner of the applicant that must be disclosed in the application pursuant to § 63.18(h); and for petitions filed pursuant to §§ 1.5000 through 1.5004, “reportable foreign ownership” means foreign disclosable interest holders pursuant to § 1.5001(e) and (f).

(i) Access. The term “Access” as used in this subpart means to, or the right or ability to, enter a location or physical space; or physically or logically undertake any of the following actions with respect to the submarine cable system:

(1) Read, divert, or otherwise obtain non-public information or technology from or about software, hardware, a system, or a network;

(2) Add, edit, or alter information or technology stored on or by software, hardware, a system, or a network; and

(3) Alter the physical or logical state of software, hardware, a system, or a network ( e.g., turning it on or off, changing configuration, removing or adding components or connections).

(j) Domestic communications. The term “Domestic Communications” as used in this subpart means:

(1) Wire Communications, as described in 18 U.S.C. 2510(1), or Electronic Communications (whether stored or not), as described in 18 U.S.C. 2510(12), from one U.S. location to another U.S. location, and

(2) The U.S. portion of a Wire Communication or Electronic Communication (whether stored or not) that originates or terminates in the United States or its territories.

(k) Domestic communications infrastructure. The term “Domestic Communications Infrastructure” or “DCI” as used in this subpart means:

(1) Any portion of a submarine cable system that is physically located in the United States or its territories, up to and including the SLTE, including (if any) transmission, switching, bridging, and routing equipment, and any associated software (with the exception of commercial-off-the-shelf (COTS) software used for common business functions) used by or on behalf of the licensee(s) to provide, process, direct, control, supervise, or manage Domestic Communications; and

(2) Any “Network Operations Center” or “NOC,” as defined in paragraph (n) of this section.

(l) Committee members. The term “Committee Members” as used in this subpart means the Attorney General, the Secretary of Defense, and the Secretary of Homeland Security, or their designees to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Committee) if such designation has been made, under Executive Order 13913, dated April 4, 2020 The term “Committee Members” shall also mean, in the event of a subsequent Executive Order or statute altering the Members, those therein provided.

(m) Principal equipment. The term “principal equipment” as used in this subpart means the primary electronic components of the submarine cable system that supports it end-to-end and any other such equipment, whether physical or providing logic-bearing service, that performs the functions described in this definition that licensees of a submarine cable system may use in the normal course of business. This includes, but is not limited to, the following paragraphs (m)(1) through (16). Authority is delegated to the Office of International Affairs (OIA), in consultation with the Public Safety and Homeland Security Bureau (PSHSB) and other federal agencies as needed, to adopt necessary policies and procedures to make determinations on specific categories of such equipment, including through clarifications, declaratory rulings, and further guidance.

(1) Domestic Communications Infrastructure, as defined in paragraph (k) of this section;

(2) Wet Infrastructure, as defined in paragraph (p) of this section;

(3) Servers, routers, switches, repeaters,

(4) SLTE;

(5) System supervisory equipment (SSE);

(6) Signal modulators and amplifiers;

(7) Power feed equipment (PFE);

(8) Tilt and shape equalizer units (TEQ/SEQ);

(9) Optical distribution frames (ODF);

(10) Branching units (BU);

(11) Optical splitters (OS);

(12) Switches;

(13) Multiplexers;

(14) Optical carrier network (OCx) equipment, as applicable;

(15) Fiber optic cables; and

(16) All equipment (including hardware, software, and firmware) and Network Management Systems used to support, operate, manage, monitor, secure, maintain, analyze, administer, and provision the cable system.

(n) Network operations center. The term “Network Operations Center” (or “NOC”) as used in this subpart means the physical and logical locations, facilities, service providers, and personnel performing network management, supporting, operating, managing, monitoring, securing, maintaining, analyzing, administering, and provisioning the submarine cable system.

(o) Sensitive U.S. records. The term “sensitive U.S. records” as used in this subpart means an applicant's end-user billing records, Subscriber Information, personally identifiable information (PII), Sensitive Personal Data as described in 31 CFR 800.241, internet protocol detail record (IPDRs), and information subject to disclosure to a U.S. federal or state governmental entity under the procedures set forth in 18 U.S.C. 2703(c) ( printed page 46858) and (d) and 18 U.S.C. 2709, each as with respect to the submarine cable system.

(p) Wet infrastructure. The term “Wet Infrastructure” as used in this subpart means hardware components installed and residing on the wet link portion of the submarine cable system, including fiber optic cables, repeaters, branching units (BUs), and routers (if any). Wet Infrastructure includes all the components used to define the topology of the wet link portion of the submarine cable system.

(e) The Commission may disclose to the Committee, Committee Members, and relevant Federal Government agencies information that is submitted pursuant to § 1.40001 and Subpart FF of this chapter. Where such information has been submitted in confidence pursuant to § 0.457 or § 0.459 of this chapter, such information may be shared subject to the provisions of § 0.442 of this chapter with the Committee and with relevant Federal Government agencies for targeted national security purposes where sharing of the information is consistent with an agency's function to protect U.S. national security and/or to protect the security, integrity, and resilience of submarine cable infrastructure. Notwithstanding the provisions of § 0.442(d)(1) of this chapter, notice will be provided at the time of disclosure.

(a) Applicants/licensees. Except as otherwise required by the Commission, the following entities, at a minimum, shall be applicants for, and licensees on, a cable landing license:

(1) Any entity that controls a cable landing station in the United States; and

(2) All other entities owning or controlling a five percent (5%) or greater interest in the cable system and using the U.S. points of the cable system.

(b) Blanket license. Any entity that owns and/or operates or would own and/or operate Submarine Line Terminal Equipment (SLTE) on a submarine cable landing in the United States after [effective date of amendatory instruction 8], shall be a licensee on a cable landing license. Except as otherwise specified in paragraph (c) of this section, a blanket license shall be granted to any such entity that is not required to be an applicant for and licensee on the cable landing license under paragraphs (a)(1) or (a)(2) of this section or is not otherwise a licensee on the cable landing license prior to [effective date of amendatory instruction 8].

(1) The blanket license is subject to the routine conditions in § 1.70007(a)(1) through (3), (d), (m), (n), (gg), and (hh).

(2) [Reserved]

(c) Exclusion from blanket license. The blanket license set forth in paragraph (b) of this section excludes any entity seeking to own or operate new SLTE on any submarine cable landing in the United States, after [effective date of amendatory instruction 8], that is subject to the character presumptive disqualifying condition in § 1.70002(c) and/or subject to the foreign adversary presumptive disqualifying condition in § 1.70004(a).

(1) An entity excluded from the blanket license pursuant to paragraph (c) of this section may file an application seeking to own and/or operate new SLTE on a submarine cable landing in the United States. An application filed by such entity will be subject to the presumptive disqualifying conditions in §§ 1.70002(c) and/or 1.70004(a), which the Commission reserves the discretion to apply on a cable-by-cable basis where warranted.

(2) Authority is delegated to the Office of International Affairs (OIA) to develop, in consultation with the Committee, application forms or provide alternative instructions and guidelines as necessary with regard to those entities subject to paragraph (c) of this section that seek to own and/or operate new SLTE on a submarine cable landing in the United States. OIA shall notify the Committee of any applications submitted pursuant to this paragraph (c)(2).

(e) That no principal equipment, as defined in § 1.70001(m), that is produced (including any major stage of the process through which the device is made, including manufacturing, assembly, design, and development) by any entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), will be used or added, whether by the licensee or any other entity, on the submarine cable system.

(f) That the applicant will not use any third-party service provider, as defined in § 1.70001(d), to provide services relating to the submarine cable system, that is:

(1) An entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g);

(2) An entity identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609; and/or

(3) An entity that can access the submarine cable system from a foreign adversary country, as defined in § 1.70001(f).

(4) This paragraph (f) shall not apply to a licensee that is an entity identified on the Covered List. This paragraph (f) shall not apply where any entity identified in paragraphs (f)(1) through (3) of this section is involved in providing repair and maintenance to the wet segment of a Commission-licensed submarine cable.

(g) That the applicant will not enter into a new arrangement or extend an existing arrangement, such as for Indefeasible Rights of Use (IRUs) or leases for capacity on the submarine cable system, with an entity identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609), where such arrangement would give such entity ( i.e., the IRU holder or lessee) the ability to install, own, or manage Submarine Line Terminal Equipment (SLTE) on a submarine cable landing in the United States. The applicant shall also certify that, if a license is granted, it will prohibit its customers and any further downstream customers from entering into such arrangements.

(h) That the applicant will comply with the requirements of § 1.80003(l)(1)(i) of this chapter.

(i) That the applicant will comply with the requirements of § 1.80003(l)(1)(ii) of this chapter.

(j) That the applicant will submit a certification, within sixty (60) days of the release of a public notice by the Commission or the Public Safety and Homeland Security Bureau announcing any new addition of equipment or services to the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609, that:

(1) Acknowledges the addition to the Covered List, irrespective of whether the entity uses such equipment or services in its submarine cable system, and

(2) Includes a brief description of how and the purpose for which such equipment or services are used on the submarine cable system, if applicable.

(k) That the applicant will notify the Commission of any change of address or geographic coordinates concerning ( printed page 46859) information provided under § 1.70005(e)(7) and (f), within thirty (30) days of the change, including a specific description of the updated information that includes an updated map and geographic data in generally accepted GIS formats or other formats.

(u) No licensee shall add to its submarine cable system(s) under its respective license(s) equipment or services identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609; except, this part of paragraph (u) shall not apply to a licensee that is identified on the Covered List whose cable landing license was or is granted prior to November 26, 2025.

(1) A licensee whose application for a cable landing license is filed and granted after November 26, 2025, shall not use equipment or services identified on the Covered List on its submarine cable system under the license.

(i) A licensee whose modification application to add a new segment is filed and granted after November 26, 2025, shall not use equipment or services identified on the Covered List on the new segment and the new landing point.

(ii) [Reserved]

(2) [Reserved]

(i) [Reserved]

(ii) [Reserved]

(w) The licensee shall not:

(1) Enter into a new or extension of an existing arrangement for Indefeasible Rights of Use (IRUs) or leases for capacity on submarine cable systems landing in the United States, where such arrangement for IRUs or lease for capacity would give an entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), the ability to install, own, or manage SLTE on a submarine cable landing in the United States, unless so authorized by the Commission.

(i) A licensee may petition the Commission for waiver of the condition; however, any waiver of the condition would be granted only to the extent the licensee demonstrates by clear and convincing evidence that a new or extension of an existing arrangement for IRUs or lease for capacity subject to this subpart would serve the public interest and would present no risks to national security or that the national security benefits of granting the waiver would substantially outweigh any risks.

(ii) [Reserved]

(2) [Reserved]

(u) * * * No principal equipment, as defined in § 1.70001(m), that is produced (including any major stage of the process through which the device is made, including manufacturing, assembly, design, and development) by any entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), shall be added, whether by the licensee or any other entity, to a Commission-licensed submarine cable system.

(2) A licensee whose application for a cable landing license is filed and granted after [effective date of the amendatory instruction 11], shall ensure that no principal equipment, as defined in § 1.70001(m), that is produced (including any major stage of the process through which the device is made, including manufacturing, assembly, design, and development) by any entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), is used or added, whether by the licensee or any other entity, on its licensed submarine cable system.

(i) A licensee whose modification application to add a new segment is filed and granted after [effective date of the amendatory instruction 11], shall ensure that no principal equipment, as defined in § 1.70001(m), that is produced (including any major stage of the process through which the device is made, including manufacturing, assembly, design, and development) by any entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), is used on or added to the new segment(s) and/or landing station(s) of the submarine cable system, whether by the licensee or any other entity.

(ii) [Reserved]

(w) * * *

(2) Enter into a new arrangement or extend an existing arrangement, such as for IRUs or leases for capacity on the licensed submarine cable system, with an entity identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609, where such arrangement would give such entity ( i.e., the IRU holder or lessee) the ability to install, own, or manage SLTE on a submarine cable landing in the United States. The licensee shall prohibit its customers and any further downstream customers from entering into such arrangements.

(y) The licensee shall notify the Commission of any change of address or geographic coordinates concerning information provided under § 1.70005(e)(7) and (f), within thirty (30) days of the change. The licensee must submit a specific description of the updated information, including an updated map and geographic data in generally accepted GIS formats or other formats. Authority is delegated to the Office of International Affairs, in coordination with the Office of Economics and Analytics, to determine the specific file formats and data fields which will be collected and to ensure standardization of the information requested from the licensee.

(z) The licensee must notify the Commission, within sixty (60) days prior to the date of the expiration of the cable landing license, if the licensee does not intend to seek renewal or extension of the license. The notification shall be filed under the relevant license file number in the Commission's International Communications Filing System (ICFS), or any successor system. This requirement will be met if a licensee submits an application to renew or extend the license or requests Special Temporary Authority to continue operating the submarine cable system within or earlier than sixty (60) days prior to the date of license expiration.

(aa) The licensee must notify the Commission, within sixty (60) days prior to any retirement of its submarine cable system, of the planned retirement of the submarine cable system. The notification shall be filed under the relevant license file number in the Commission's International Communications Filing System (ICFS), or any successor system.

(bb) The licensee shall comply with the requirements of § 1.80003(l)(1)(i) of this chapter.

(cc) The licensee shall comply with the requirements of § 1.80003(l)(1)(ii) of this chapter.

(dd) The licensee must submit a certification, within sixty (60) days of ( printed page 46860) the release of a public notice by the Commission or the Public Safety and Homeland Security Bureau announcing any new addition of equipment or services to the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609, that:

(1) Acknowledges the addition to the Covered List, irrespective of whether the entity uses such equipment or services in its submarine cable system, whether or not the licensee uses such equipment or services in its submarine cable system, and

(2) Includes a brief description of how and the purpose for which such equipment or services are used on the submarine cable system, if applicable.

(ee) No licensee shall enter into a new or extension of an existing arrangement with any third-party service provider for the provision of services relating to the submarine cable system that is identified in paragraphs (ee)(1)(i) through (iii) of this section, except as otherwise specified in paragraph (ee)(1)(iv).

(1) A licensee whose application for a cable landing license is filed and granted after [effective date of amendatory instruction 11] shall not use a third-party service provider, as defined in § 1.70001(d), to provide services relating to submarine cable, that is identified in paragraphs (ee)(1)(i) through (iii) of this section, except as otherwise specified in paragraph (ee)(1)(iv).

(i) An entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g);

(ii) An entity identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609; and/or

(iii) An entity that can access the submarine cable system from a foreign adversary country, as defined in § 1.70001(f).

(iv) This paragraph (ee) shall not apply to a licensee that is an entity identified on the Covered List. This paragraph (ee) shall not apply where any entity described in paragraphs (ee)(1)(i) through (iii) of this section is involved in providing repair and maintenance to the wet segment of a Commission-licensed submarine cable.

(2) [Reserved]

(ff) Within thirty (30) days of initiating a service by a third-party service provider that is identified in § 1.70007(ee)(1)(i) through (iii) for the repair and maintenance of the wet segment of the licensed submarine cable, the licensee must file a letter certifying as to the information in paragraphs (ff)(1) through (9) of this section. The letter must be signed by an officer of the licensee and may be filed on a confidential basis. The licensee shall file the letter under the relevant license file number in the Commission's International Communications Filing System (ICFS), or any successor system.

(1) The name and address of the third-party service provider and link to the company website, if available;

(2) The name of the licensed cable system and the segment for which the service was provided;

(3) Identify the location where the service was provided, including if the service was provided at sea or from a certain country or if service was remotely provided;

(4) The start and end date of the repair and/or maintenance service or estimated end date and a description of the service provided, including whether the service was due to an emergency or routine maintenance;

(5) Whether the third-party service provider is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), is an entity identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609, and/or is an entity that can access the submarine cable from a foreign adversary country, as defined in § 1.70001(f);

(6) The country of organization of the third-party service provider;

(7) Identify the foreign adversary country, as defined in § 1.70001(f), from where the entity can access the submarine cable, if applicable;

(8) Whether the ship or vessel was produced in a foreign adversary country, as defined in § 1.70001(f); and

(9) Whether the crew of the ship or vessel at the time that the service was provided consisted of any national of a foreign adversary country, as defined in § 1.70001(f), and the number of crew.

(gg) A licensee subject to § 1.70003 and criteria under § 1.70018 shall submit an SLTE Foreign Adversary Annual Report every year consistent with the requirements under § 1.70018.

(hh) A licensee subject to § 1.70003(b) must create, implement, and update a cybersecurity and physical security risk management plan applicable to its SLTE operations. The cybersecurity and physical security risk management plan shall meet basic requirements consistent with paragraphs (hh)(1) through (3) of this section.

(1) The plan must describe how the entity takes or will take reasonable measures to employ its organizational resources and processes to ensure the confidentiality, integrity, and availability of its systems and services that could affect its provision of communications services through the SLTE portion of the submarine cable system;

(2) The plan must identify the cyber risks that the entity faces, the controls it uses or plans to use to mitigate those risks, and how it ensures that these controls are applied or will be applied effectively to its operations; and

(3) The plan must address both logical and physical access risks, as well as supply chain risks.

(4) The licensee shall submit cybersecurity and physical security risk management plans to the Commission upon request. The Office of International Affairs, in coordination with the Public Safety and Homeland Security Bureau, may request, at their discretion, submission of such cybersecurity and physical security risk management plans and evaluate them for compliance with paragraph (hh) of this section. The cybersecurity and physical security risk management plans provided under this paragraph (hh) shall be treated as presumptively confidential.

(ii) A licensee whose application was exempted from referral to the Executive Branch agencies pursuant to § 1.40001(b), shall comply with the national security standards, as set forth in paragraphs (ii)(1) through (9) of this section, upon which the cable landing license is conditioned. A licensee's failure to comply with these national security standards or resolve compliance concerns shall constitute grounds for revocation and/or termination of the cable landing license.

(1) The licensee shall ensure that:

(i) No entity holding less than 5% direct interest in the submarine cable system is owned by, controlled, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g);

(ii) The licensee has not entered into and will not enter into an agreement, formal or informal, with entities owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), to secure financing (such as business loans or bonds, debts, lines of credit, debt forgiveness, or in kind contributions or services) related to or affecting the submarine cable system; and

(iii) The licensee has no strategic partnerships nor has entered or will enter into mergers with entities owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), ( printed page 46861) that might affect access to and/or the management or operation of the submarine cable system.

(2) The licensee shall ensure that:

(i) No senior official of the licensee or the licensee's parent company(ies) meets the definition of “owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary,” as defined in § 1.70001(g), and

(ii) No senior official of the licensee or any of the licensee's parent company(ies) performs or will perform duties with respect to the submarine cable system from a foreign adversary country, as defined in § 1.70001(f).

(iii) For purposes of complying with this paragraph (ii)(2), the licensee shall rely on the definition and terms set forth in § 1.40001(b)(3).

(3) The licensee shall ensure that it will prohibit its customers or any further downstream customers from entering into a new or extension of an existing arrangement, such as for IRUs or leases for capacity on the submarine cable, where such arrangement would give an entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), the ability to install, own, or manage SLTE on the submarine cable.

(i) To meet this national security standard, the licensee shall adopt contractual provisions in the arrangements described in this paragraph (ii)(3) that prohibit its customers or any further downstream customers from selling, leasing out, sharing, or swapping fiber, spectrum, or capacity to or with an entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g).

(ii) [Reserved]

(4) The licensee shall:

(i) File with the Commission and the Committee Members, as the term is defined in § 1.70001(l) and used hereafter in this section, a list identifying all of its arrangements described in paragraph (iii)(3) of this section, including the legal name, Employer Identification Number (EIN) (if available), website, and the physical address of the headquarters of each contracting party and the type and duration of each arrangement, and provide copies of all such arrangements within sixty (60) days of commencing service on the submarine cable. The licensee must also identify in this filing whether or not each contracting entity is “owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary,” as defined in § 1.70001(g), and whether or not each arrangement gives any such entity the ability to install, own, or manage SLTE on a submarine cable landing in the United States.

(ii) Continue filing the information in paragraph (ii)(4)(i) and copies of all such arrangements with the Commission and the Committee Members as part of an annual report required under paragraph (ii)(9)(iii) of this section. The annual report must also identify any such arrangements that ended as of the licensee's most recent annual report and identify which arrangements are new as of the most recent report.

(iii) The information provided under this section shall be treated as presumptively confidential.

(iv) Authority is delegated to OIA to request, at its discretion, submission of any arrangements subject to paragraph (ii)(4) of this section by the licensee(s) and to evaluate them for compliance with the national security standards in this § 1.70007(ii).

(5) The licensee shall ensure that the submarine cable system will not connect directly or via a branching unit with a submarine cable:

(i) That is owned or operated by an entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), or

(ii) That lands in a foreign adversary country, as defined in § 1.70001(f).

(6) The licensee shall ensure that it has created and will implement and update an enhanced cybersecurity and physical security risk management plan consistent with the requirements set out in § 1.40001(b)(7).

(i) OIA, in consultation with the Public Safety and Homeland Security Bureau (PSHSB), may require the licensee, upon request, to submit the cybersecurity and physical security risk management plan to the Commission and Committee Members to assess whether the licensee is in compliance with the national security standard. The cybersecurity and physical security risk management plans provided under this subsection shall be treated as presumptively confidential.

(ii) [Reserved]

(7) The licensee shall ensure that it will:

(i) Report to the Commission and to the Committee Members in writing within seventy-two (72) hours if it learns of information that reasonably indicates unauthorized access to, or disruption or corruption of, a submarine cable system, its management servers, or any service, communications, or information being carried on a submarine cable system, or a significant attempt to gain unauthorized access to such system, service, communications, or information being carried on a submarine cable system, or a significant attempt to gain unauthorized access to such system, service, communications, or information. This includes unauthorized access to, or disruption or corruption of, third-party service providers' (as defined in § 1.70001(d)) systems, SLTE owners' or operators' systems, or IRU holders' systems that could reasonably be expected to harm the physical or logical security of the licensee's submarine cable system. Reportable incidents include, but are not limited to, unauthorized physical or logical access to cable facilities, including but not limited to, the cable landing station space or any NOC, as defined in § 1.70001(n); unauthorized access to or disclosure of network management information; cable cuts; data compromise; or unauthorized system modification.

(ii) Submit to the Commission and Committee Members within fifteen (15) days of learning of the incident a detailed written report describing in greater depth the incident identified in the initial report and its steps to remediate that incident.

(iii) Submit updates to the Commission and the Committee Members, as requested by the Commission, and continue providing supplementary information until the Commission's evaluation is complete.

(iv) Authority is delegated to the Public Safety and Homeland Security Bureau to consult with the Committee Members to determine how licensees will submit the required incident reports, including the reporting submission and review platform and the required reporting fields, and to seek comment and adopt rules relating to such reporting for the purpose of implementing the Commission's requirement.

(v) For purposes of this paragraph (ii)(7), the term “unauthorized” is defined as in a manner without permission or that exceeds authorization. The term “access” is defined consistent with § 1.70001(i).

(8) The licensee shall implement heightened physical and logical security controls. For purposes of this paragraph (ii)(8), the terms “domestic communications,” “principal equipment,” “Network Operations Center” (or “NOC”), “sensitive U.S. records” are defined consistent with § 1.70001(j), (m), (n), (o). Information provided pursuant to this subsection shall be treated as presumptively confidential. Specifically, the licensee ( printed page 46862) shall implement heightened physical and logical security controls that:

(i) Meet appropriate physical security standards consistent with the Commission's rules in this paragraph (ii)(8), such as taking all practicable measures to physically secure the submarine cable system, including the cable landing station(s), NOC(s), beach manholes and related sites, principal equipment, and SLTEs;

(ii) Not provide any individual or entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), and/or an entity that is identified on the Covered List, that the Commission maintains on its website pursuant to the Secure and Trusted Communications Networks Act of 2019 (Secure Networks Act), 47 U.S.C. 1601 through 1609, with physical and/or logical access to the submarine cable system, including but not limited to the cable landing station(s), NOC(s), beach manhole(s) and related sites, principal equipment, and SLTEs;

(iii) Not provide any individual or entity that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), and/or an entity that is identified on the Covered List with access to sensitive U.S. records and domestic communications;

(iv) Not provide any individual or entity located in a foreign adversary country, as defined in § 1.70001(f), with physical or logical access to the submarine cable system sensitive U.S. records, or domestic communications;

(v) Adopt personnel screening and vetting measures for individuals whose position could involve securing principal equipment and/or physical and/or logical access to the submarine cable system (including but not limited to: the cable landing station(s), NOC(s), beach manholes and related sites, principal equipment, and SLTEs), sensitive U.S. records, and/or domestic communications;

(vi) Adopt a written policy that will include, at a minimum, background investigations, public criminal records checks, or other analogous means to ascertain an individual's trustworthiness, subject to applicable law, conducted at least every five (5) years;

(vii) Ensure adherence to these requirements;

(viii) Report to the Commission and Committee Members the identities of all foreign individuals with physical and/or logical access to the submarine cable system (including but not limited to the cable landing station(s), NOC(s), beach manholes and related sites, principal equipment, and SLTEs), sensitive U.S. records, and/or domestic communications, or who secure principal equipment, within thirty (30) days of the submarine cable commencing service; and report any changes on a quarterly basis, including identifying new personnel with access and personnel who no longer have access;

(ix) Provide the Commission and the Committee Members annually in the report described in paragraph (ii)(9)(iii) of this section, with the submission of the names and information on: security officers, foreign participation, security policies, owners and officers, operational requirements, locations of access, principal equipment, third-party service providers (as defined in § 1.70001(d)), foreign persons or entities with access, SLTE owners and controllers, as well as any such information requested by the Commission and/or the Committee Member from the SLTE owners and operators. Authority is delegated to the Office of International Affairs, in coordination with the Public Safety and Homeland Security Bureau and the Committee Members as needed, to determine the information to be submitted and provide further guidance;

(x) Provide advance notification of thirty (30) days to the Commission and the Committee Members and obtain the majority of the Committee Members' non-objection in writing prior to the testing, adding, or use of any sensing capability (such as distributed acoustic, thermal, seismic, or other sensing) on the submarine cable system by any person ( e.g., licensee, other third party, service provider, principal equipment provider), consistent with the requirements set forth in § 1.40001(b)(9)(x); and

(xi) Provide updates to its submarine cable system information to the Commission and the Committee Members annually and within thirty (30) days of the change, to include but not limited to:

(A) A network and fiber map or diagram that includes physical and logical topology, including any terrestrial backhaul from the cable landing stations to the SLTE locations or other facilities housing principal equipment of the submarine cable;

(B) Network and telecommunications architecture descriptions and associated descriptions of interconnection points and controlled gateways to the principal equipment; and

(C) Descriptions of interfaces and connections to the submarine cable system for service offload, disaster recovery, or administrative functions.

(9) The licensee shall ensure that it consents to reporting to, and ongoing monitoring and inspection by, the Commission and the Committee Members throughout the term of the cable landing license to assess its compliance with all applicable routine conditions and national security standards. Authority is delegated to OIA, in consultation with the Committee Members, to, if it deems necessary to ensure compliance, administer audits to ensure compliance with these national security standards, including authority to establish the qualifications and approval of third-party auditors, establish deadlines and submission procedures, and coordinate with other U.S. government agencies as necessary. The licensee shall consent to:

(i) Monitoring and inspection of the licensee's facilities where principal equipment, as defined in § 1.70001(m), is located or that support the operation of the submarine cable system's connections to or from the United States, including but not limited to the NOC, as defined in § 1.70001(n), by the Commission and/or any other relevant U.S. government agencies, including the Committee Members;

(ii) Allowing the Commission and/or the Committee Members to meet with the licensee's personnel and conduct on-site interviews and to request additional information as necessary, throughout the term of the cable landing license, to verify the implementation of and compliance with all applicable routine conditions and national security standards;

(iii) Providing the Commission and Committee Members with an annual report, and upon request by the Commission, of its compliance with all applicable routine conditions and national security standards throughout the term of the license. The report shall include updated information and identify any changes made in the reporting period to:

(A) The names and contact information of the points of contact (POCs), and security and compliance officers;

(B) Ownership and foreign participation information;

(C) A list of all officers;

(D) The locations of access for the submarine cable;

(E) All third-party service providers, principal equipment, as defined in § 1.70001(m), and foreign persons or entities with access;

(F) The names and contact information of the SLTE owners and operators on the submarine cable, as well as any information requested by the Commission and/or the Committee ( printed page 46863) Members from the SLTE owners and/or operators;

(G) All security policies;

(H) Any operational changes and/or expansion plans for the submarine cable;

(I) A summary of any events that occurred during the reporting period that will or reasonably could impact the effectiveness of or compliance with the national security standards; and

(J) A certification that the licensee remains in compliance with all applicable routine conditions and national security standards or, if there were any known acts of noncompliance with the routine conditions and national security standards, a summary of such acts—whether inadvertent or intentional, with a discussion of what steps have been or will be taken to prevent such acts from occurring in the future.

(K) The annual report shall be submitted each year in the relevant license file number(s) in ICFS or any successor system. A copy of the report shall be filed directly with the Committee Members;

(iv) Allowing the Commission and/or the Committee Members to periodically, and no more than biennially, request a third-party audit or assessment of compliance with all applicable routine conditions and national security standards;

(v) Providing the Commission and the Committee Members with the name, title, business address, email address, and telephone number of a designated Security and Compliance Officer, who serves or will serve as the primary point of contact for license and compliance matters. This officer will be responsible for implementing and maintaining the licensee's cybersecurity and physical security risk management plans and ensuring adherence to the Commission's security and compliance requirements for the cable system.

(A) The Security and Compliance Officer shall be a U.S. citizen who is eligible for a U.S. government security clearance at the “Secret” level or higher. The Security and Compliance Officer will possess the appropriate senior-level corporate authority, reporting lines, independence, technical skills, and resources required to assess the cybersecurity, physical security, and logical security of submarine cable systems and to ensure compliance with the applicable Commission rules and regulations.

(B) The licensee shall notify the Commission and the Committee within ten (10) days of any change in the designated officer or the officer's contact information. The licensee shall work with the Commission and Committee Members to resolve any national security or law enforcement concerns that the Commission or Committee may raise with respect to the Security and Compliance Officer; and

(vi) Notifying the Commission and the Committee Members within seventy-two (72) hours of any violation of applicable routine conditions or national security standards, including a description of the violation and an explanation for why it occurred, and a description of any steps taken to remediate the violation.

(a) * * *

(2) Certifications set forth under § 1.70006, except for § 1.70006(d) through (f). In addition to the certification set forth in § 1.70006(a), the licensee must certify that no third-party service provider, as defined in § 1.70001(d), will be used to provide services relating to the new segment(s) and/or cable landing station(s) that is an entity identified in § 1.70007(ee)(1)(i) through (iii), except as otherwise specified in § 1.70007(ee).

(i) A licensee seeking a modification of a cable landing license must certify in an application filed after [effective date of the amendatory instruction 12], that no principal equipment, as defined in § 1.70001(m), that is produced (including any major stage of the process through which the device is made, including manufacturing, assembly, design, and development) by any entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), will be used on or added to the new segment(s) and/or landing station(s) of the submarine cable system, whether by the licensee or any other entity.

(ii) A licensee seeking a modification of a cable landing license must certify in the application that it has created, updated, and implemented a cybersecurity and physical security risk management plan, consistent with §§ 1.70006(c) and 1.70007(q).

(b) * * *

(4) Certifications set forth under § 1.70006 for the proposed new licensee, except for § 1.70006(d) through (f);

(b) * * *

(7) The certifications set forth in § 1.70006, except for § 1.70006(d) through (f). A licensee seeking an assignment or transfer of control must certify in the application that it has created, updated, and implemented a cybersecurity and physical security risk management plan, consistent with §§ 1.70006(c) and 1.70007(q). The application must include a certification that the assignee or the transferee and the licensee that is the subject of the transfer of control accepts and will abide by the routine conditions specified in § 1.70007.

(b) Submission of application to executive branch agencies. (1) On the date of filing with the Commission, the applicant shall also send a complete copy of the application, or any major amendments or other material filings regarding the application by electronic mail or postal mail, to: U.S. Coordinator, EB/CIP, U.S. Department of State, 2201 C Street NW, Washington, DC 20520-5818; Office of Chief Counsel/NTIA, U.S. Department of Commerce, 14th St. and Constitution Ave. NW, Washington, DC 20230; and Defense Information Systems Agency, ATTN: OGC/DDC, 6910 Cooper Avenue, Fort Meade, MD 20755-7088, and electronically as identified on the FCC website at https://www.fcc.gov/​submarine-cables and shall certify such service electronically or by postal mail on a service list attached to the application or other filing. Authority is delegated to the Office of International Affairs to amend this rule and to amend the referenced website herein as necessary to update contact information and the list of agencies for filing.

(2) On the date of filing with the Commission, the applicant(s) seeking exemption from referral to the Executive Branch agencies pursuant to § 1.40001(b) shall also send a complete copy of the application, or any major amendments or other material filings regarding the application, electronically to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Committee). The applicant shall certify such service on a service list attached to the application or other ( printed page 46864) material filing. Authority is delegated to the Office of International Affairs to make ministerial changes to the website referenced in paragraph 1.70014(b)(1) of this section as necessary and appropriate to update contact information of the Committee for purposes of this requirement. Specifically, the applicant must submit the application or other material filing to: U.S. Department of Justice; U.S. Department of Homeland Security; U.S. Department of Defense; and National Telecommunications and Information Administration.

(i) The application will be placed on an informative public notice stating that the applicant has requested an exemption from referral and the application was submitted to the Committee.

(ii) The Committee or any Committee Member may notify the Commission in writing by filing in the relevant file number in the International Communications Filing System (ICFS) within thirty (30) days of the release date of the public notice if it objects to the exemption and requests referral of the application for further review pursuant to Executive Order 13913. Referral may only be requested via a filing in the relevant ICFS file number wherein the Committee or a Committee Member identifies credible and articulable national security, law enforcement, or other concerns specific to the applicant or the cable system, along with an explanation for why Committee referral is requested, and may include filing confidential and/or classified information if appropriate. In extraordinary extenuating circumstances, the Committee may request an additional thirty (30) days to complete its review and notify the Commission if it objects to the exemption and requests referral of the application pursuant to Executive Order 13913. In the case of a lapse of funding impacting any Committee Member's ability to review the information, this thirty (30) day period will be tolled and shall resume once funding is restored and review can continue. The Committee's requests for referral shall not be used to routinely refer all applications that presumptively qualify for the exemption. The Commission shall retain discretion whether or not to refer the application.

(iii) An applicant that seeks an exemption from referral pursuant to § 1.40001(b) shall comply with the requirement to file responses to standard questions pursuant to §§ 1.70005(j)(1) and 63.18(p) if applicable. Such applicant shall not be subject to the time frames and requirements of § 1.40004, unless or until such time the Commission determines that the application should be referred to the Executive Branch agencies.

(b) * * *

(4) * * * ; and/or

(5) That has purchased, rented, leased, or otherwise obtained or utilized equipment and/or services on the Covered List and/or is using such equipment or services in the submarine cable.

(c) * * *

(2) Certifications as set forth under § 1.70006, except for § 1.70006(b), (d) through (f).

(d) Reporting deadlines. Licensees shall submit their initial Foreign Adversary Annual Report within six months of [effective date of amendatory instruction 17], and each year. OIA shall establish and modify, as appropriate, the filing manner and associated deadlines for the Foreign Adversary Annual Report. OIA may, if needed, consult with the relevant Executive Branch agencies concerning the filing manner and associated deadlines for the annual reports. Licensees shall file the Foreign Adversary Annual Report pursuant to the deadlines. OIA shall determine the technical implementation of the Foreign Adversary Annual Report, including developing and modifying forms and instructions and administering the filing of the report, as appropriate. OIA shall establish and modify, as appropriate, the filing manner and associated deadlines for the Foreign Adversary Annual Report. OIA may, if needed, consult with the relevant Executive Branch agencies concerning the filing manner and associated deadlines for the annual reports. Licensees shall file the Foreign Adversary Annual Report pursuant to the deadlines.

(a) Annual report. Any licensee subject to § 1.70003(a) or (b) that owns and/or operates SLTE and meets any of the criteria under paragraph (b) of this section shall file every year an annual report in the relevant File Number in the Commission's International Communications Filing System (ICFS), or any successor system.

(b) Criteria for who must report. The annual reporting requirement in this section applies to a licensee that owns or operates SLTE and:

(1) That is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g);

(2) That is identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601 through 1609;

(3) That has purchased, rented, leased, or otherwise obtained or utilized equipment and/or services on the Covered List and/or is using such equipment or services in the submarine cable;

(4) Whose authorization, license, or other Commission approval, whether or not related to the operation of a submarine cable, was denied or revoked and/or terminated or is denied or revoked and/or terminated in the future on national security and law enforcement grounds, as well as the current and future affiliates or subsidiaries of any such entity as defined in § 2.903(c) of this chapter; and/or

(5) The submarine cable system for which the entity is licensed to operate in the United States pursuant to § 1.70003, lands in a foreign adversary country, as defined in § 1.70001(f), or the licensee's SLTE is owned in or operated from a foreign adversary country such that the operation directly or indirectly connects the United States with any foreign country.

(c) Information contents. The SLTE Foreign Adversary Annual Report shall include information that is current as of thirty (30) days prior to the filing deadline, as follows:

(1) The information of the licensee as required in §§ 1.70005(a) through (d), (g), and 63.18(h);

(2) The location(s) of the SLTE(s) that the licensee owns and/or operates;

(3) Identify and describe whether the SLTE(s) is managed or operated by a third party; and

(4) Identify and describe whether the licensee leases, sells, shares, or swaps fiber, capacity, or spectrum on a Commission-licensed submarine cable system, including the name of each submarine cable system.

(5) Certifications as set forth under § 1.70006(b); and ( printed page 46865)

(6) Certification that the licensee accepts and will abide by the routine conditions in § 1.70007 upon which its cable landing license is conditioned as set forth in § 1.70003.

(d) Filing schedule. The Office of International Affairs (OIA) shall establish and modify, as appropriate, the filing deadlines for the SLTE Foreign Adversary Annual Report. OIA shall consult with the Committee Members, and if needed, other relevant Executive Branch agencies concerning the filing deadlines for the SLTE Foreign Adversary Annual Report. OIA shall determine the technical implementation of the SLTE Foreign Adversary Annual Report, including developing and modifying forms and instructions and administering the filing of the report, as appropriate. OIA, in consultation with the Committee Members if needed, shall develop, implement, and modify the SLTE Foreign Adversary Annual Report as necessary. Licensees shall file the SLTE Foreign Adversary Annual Report pursuant to the deadlines.

(1) A licensee that owns and/or operates SLTE on a submarine cable landing in the United States must submit both the Foreign Adversary Annual Report under § 1.70017 and the SLTE Foreign Adversary Annual Report under this section if it meets any of the criteria set out in § 1.70017(b) and in § 1.70018(b).

(2) [Reserved]

(e) Filing with the committee. Licenses shall file a copy of the SLTE Foreign Adversary Annual Report directly with the Committee Members, as defined in § 1.70001(l).

(b) The application must include the information and certifications required in §§ 1.70002(b) through (c), 1.70004, 1.70005 except as specified herein, and 1.70006, except for 1.70006(d) through (f). A licensee seeking a renewal or extension of a cable landing license must certify in the application that it has created, updated, and implemented a cybersecurity and physical security risk management plan, consistent with §§ 1.70006(c) and 1.70007(q).

Each cable landing licensee shall submit a certification, within sixty (60) days of [effective date of amendatory instruction 18], that no principal equipment, as defined in § 1.70001(m), that is produced (including any major stage of the process through which the device is made, including manufacturing, assembly, design, and development) by any entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g), will be added, whether by the licensee or any other entity, to its licensed submarine cable system.

(a) The certification shall be filed under the relevant license file number(s) in the Commission's International Communications Filing System (ICFS), or any successor system.

(b) For those licensees with multiple cable landing licenses, the licensee will need to certify for each submarine cable system.

(a) Each cable landing licensee shall submit a certification, within sixty (60) days of [effective date of amendatory instruction 19], that it will not enter into a new or extension of an existing arrangement with any third-party service provider, as defined in § 1.70001(d), for the provision of services relating to the submarine cable system that is identified in paragraphs (a)(1) through (3) of this section, except as otherwise specified in paragraph (a)(4):

(1) An entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g);

(2) An entity identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609; and/or

(3) An entity that can access the submarine cable system from a foreign adversary country, as defined in § 1.70001(f).

(4) This paragraph (a) shall not apply to a licensee that is an entity identified on the Covered List. This paragraph (a) shall not apply where any entity identified in paragraphs (a)(1) through (3) of this section is involved in providing repair and maintenance to the wet segment of a Commission-licensed submarine cable; provided, the licensee must comply with § 1.70007(ff) as necessary.

(b) The certification shall be filed under the relevant license file number(s) in the Commission's International Communications Filing System (ICFS), or any successor system.

(c) For those licensees with multiple cable landing licenses, the licensee will need to certify for each submarine cable system.

Each cable landing licensee shall submit a certification, within sixty (60) days of [effective date of amendatory instruction 20], that it will not enter into a new arrangement or extend an existing arrangement, such as for Indefeasible Rights of Use (IRUs) or leases for capacity on the licensed submarine cable system, with an entity identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609, where such arrangement would give the entity ( i.e., the IRU holder or lessee) the ability to install, own, or manage SLTE on a submarine cable landing in the United States. The licensee shall prohibit its customers and any further downstream customers from entering into such arrangements.

(a) The certification shall be filed under the relevant license file number(s) in the Commission's International Communications Filing System (ICFS), or any successor system.

(b) For those licensees with multiple cable landing licenses, the licensee will need to certify for each submarine cable system.

Each cable landing licensee shall submit a certification, within sixty (60) days of [effective date of amendatory instruction 21], that the licensee will comply with the requirements of § 1.80003(l)(1)(i) and (ii) of this chapter.

(a) The certification shall be filed under the relevant license file number(s) in the Commission's International Communications Filing System (ICFS), or any successor system.

(b) For those licensees with multiple cable landing licenses, the licensee will need to certify for each submarine cable system.

( printed page 46866)

Each cable landing licensee shall certify, within sixty (60) days of [effective date of amendatory instruction 22], that the licensee will submit a certification, within sixty (60) days of the release of a public notice by the Commission or the Public Safety and Homeland Security Bureau announcing any new addition of equipment or services to the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601-1609, that:

(a) Acknowledges the addition to the Covered List, irrespective of whether the entity uses such equipment or services in its submarine cable system, and

(b) Includes a brief description of how and the purpose for which such equipment or services are used on the submarine cable system, if applicable.

(c) The certification shall be filed under the relevant license file number(s) in the Commission's International Communications Filing System (ICFS), or any successor system.

(d) For those licensees with multiple cable landing licenses, the licensee will need to certify for each submarine cable system.