by Daniel P. Brooks, Megan L. Brown, Edgar Classxs, Wayne D. Johnsen, Eve Klindera Reed and Kevin G. Rupy
On March 30, 2023, the Federal Communication Commission (FCC or Commission) released an Order and Notice of Proposed Rulemaking on international section 214 authorizations (the Draft Order and Draft NPRM), which governs international telecommunications service. This is the latest effort in the agency's evolving role in national security issues. The Draft NPRM proposes “comprehensive changes” to the FCC's rules, which it describes as “another important step to protect the nation's telecommunications infrastructure from threats in an evolving national security and law enforcement landscape.” Because the FCC's proposals would affect any company offering international services originating or terminating in the United States, a broad range of entities could be impacted. This includes any telecommunications provider, such as satellite and wireless providers, as well as private equity firms and others investing capital in such entities.