§  1.40004   Time frames for executive branch review of applications,
petitions, and/or other filings with reportable foreign ownership.

   (a) Tailored questions. For application(s), petition(s), and/or other
   filing(s) referred to the executive branch, in accordance with
   § 1.40002(b)(1), the executive branch agency(ies) shall notify the
   Commission:

   (1) That the Committee for the Assessment of Foreign Participation in
   the United States Telecommunications Services Sector (Committee) has
   sent tailored questions to the applicant(s), petitioner(s), and/or
   other filer(s); and

   (2) When the Chair of the Committee determines that the applicant's,
   petitioner's, and/or other filer's responses to any questions and
   information requests from the Committee are complete.

   (b) Initial review—120-day time frame. The executive branch shall
   notify the Commission by filing in the public record, in all applicable
   Commission file numbers and dockets for the application(s),
   petition(s), or other filing(s), no later than 120 days, plus any
   additional days as needed for escalated review and for NTIA to notify
   the Commission of the Committee's final recommendation in accordance
   with Executive Order 13913 (or as it may be amended), from the date
   that the Chair of the Committee determines that the applicant's,
   petitioner's, or other filer's responses to the tailored questions are
   complete, provided that the Committee sent tailored questions within
   thirty (30) days of the date of the Commission's referral in accordance
   with § 1.40002(a), and subject to paragraphs (e) and (f) of this
   section, whether it:

   (1) Has no recommendation and no objection to the FCC granting the
   application;

   (2) Recommends that the FCC only grant the application contingent on
   the applicant's compliance with mitigation measures; or

   (3) Needs additional time to review the application(s), petition(s), or
   other filing(s).

   (c) Secondary assessment—additional 90-day time frame. When the
   executive branch notifies the Commission that it needs an additional
   90-day period beyond the initial 120-day period for review of the
   application, petition, or other filing under paragraph (a) of this
   section, in accordance with the secondary assessment provisions of
   Executive Order 13913 (or as it may be amended), the executive branch
   must:

   (1) Explain in a filing on the record why it was unable to complete its
   review within the initial 120-day review period and state when the
   secondary assessment began; and

   (2) Notify the Commission by filing in the public record, in all
   applicable Commission file numbers and dockets for the application(s),
   petition(s), or other filing(s) no later than 210 days, plus any
   additional days as needed for escalated review and for NTIA to notify
   the Commission of the Committee's final recommendation in accordance
   with Executive Order 13913 (or as it may be amended), from the date
   that the Chair of the Committee determines that the applicant's,
   petitioner's, or other filer's responses to the tailored questions are
   complete, provided that the Committee sent tailored questions within
   thirty (30) days of the date of the Commission's referral in accordance
   with § 1.40002(a), and subject to paragraphs (e) and (f) of this
   section, whether it:

   (i) Has no recommendation and no objection to the FCC granting the
   application;

   (ii) Recommends that the FCC only grant the application contingent on
   the applicant's compliance with mitigation measures; or

   (iii) Recommends that the FCC deny the application due to the risk to
   the national security or law enforcement interests of the United
   States.

   (d) Executive branch notifications to the Commission. (1) The executive
   branch shall file its notifications as to the status of its review in
   the public record established in all applicable Commission file numbers
   and dockets for the application, petition, or other filing. Status
   notifications include notifications of the date on which the Committee
   sends the tailored questions to an applicant, petitioner, or other
   filer and the date on which the Chair accepts an applicant's,
   petitioner's, or other filer's responses to the tailored questions as
   complete. Status notifications also include extensions of the 120-day
   review period and 90-day extension period (to include the start and end
   day of the extension) and updates every thirty (30) days during the
   90-day extension period. If the executive branch recommends dismissal
   of the application, petition, or other filing without prejudice because
   the applicant, petitioner, or other filer has failed to respond to
   requests for information, the executive branch shall file that
   recommendation in the public record established in all applicable
   Commission file numbers and dockets.

   (2) In circumstances where the notification of the executive branch
   contains non-public information, the executive branch shall file a
   public version of the notification in the public record established in
   all applicable Commission file numbers and dockets for the application,
   petition, or other filing and shall file the non-public information
   with the Commission pursuant to § 0.457 of this chapter.

   (e) Alternative start dates for the executive branch's initial 120-day
   review. (1) In the event that the executive branch has not transmitted
   the tailored questions to an applicant within thirty (30) days of the
   Commission's referral of an application, petition, or other filing, the
   executive branch may request additional time by filing a request in the
   public record established in all applicable Commission file numbers and
   dockets associated with the application, petition, or other filing. The
   Commission, in its discretion, may allow an extension or start the
   executive branch's 120-day review clock immediately. If the Commission
   allows an extension and the executive branch does transmit the tailored
   questions to the applicant, petitioner, or other filer within the
   authorized extension period, the initial 120-day review period will
   begin on the date that executive branch determines the applicant's,
   petitioner's, or other filer's responses to be complete. If the
   executive branch does not transmit the tailored questions to the
   applicant, petitioner, or other filer within the authorized extension
   period, the Commission, in its discretion, may start the initial
   120-day review period.

   (2) In the event that the executive branch's notification under
   § 1.40002(b) indicates that no tailored questions are necessary, the
   120-day initial review period will begin on the date of that
   notification.

   (f) Extension of executive branch review periods. In accordance with
   Executive Order 13913 (or as it may be amended), the executive branch
   may in its discretion extend the initial 120-day review period and
   90-day secondary assessment period. The executive branch shall file
   notifications of all extensions in the public record.

   

Subpart DD—Secure and Trusted Communications Networks

   Authority: 47 U.S.C. chs. 5, 15.

   Source:  86 FR 2941 , Jan. 13, 2021, unless otherwise noted.