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Drew Svor is a partner in the firm’s Washington, D.C. office and serves as a member of the firm’s Telecom, Space & Satellite, CFIUS and AI Teams, as well as the D.C. office’s recruiting co-chair.

Last week, the FCC adopted a Notice of Proposed Rulemaking proposing a new regulatory framework to address the growing convergence of satellite and terrestrial-based networks, titled the “Single Network Future: Supplementary Coverage from Space” proceeding.Continue Reading FCC Takes the Lead on Satellite/Mobile Convergence in the Single Network Future Proceeding

On January 4, 2023, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) setting forth proposed rules for the operation of unmanned aircraft systems in the 5030-5091 MHz band. At present, unmanned aircraft systems primarily operate under the FCC’s rules for unlicensed and low-power communications or according to experimental licenses. Neither of these spectrum resources provide the user with the right to protection from harmful interference, meaning that communications using such resources can be unreliable. The FCC’s proposed rules attempt to address this issue by granting unmanned aircraft systems access to licensed spectrum with the resilience to support more advanced and secure communications.Continue Reading ALERT: FCC Opens Rulemaking on Use of Unmanned Aircraft Systems in Licensed Spectrum

On November 30, 2022, the Federal Communications Commission (“Commission”) released a draft Notice of Proposed Rulemaking (“Draft NPRM”) that, if adopted, will seek comment on comprehensive changes to the Part 25 satellite and earth station licensing rules for the first time since 2015.[1] The Draft NPRM represents a significant step in the Commission’s efforts to facilitate innovation in the satellite industry, proposing changes that would facilitate greater expediency, flexibility, and curability in the licensing process. Continue Reading ALERT: Space Innovation Comes to Part 25 as the FCC Proposes New Reforms for its Satellite and Earth Station Licensing Rules

On November 3, 2022, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced plans to reorganize the International Bureau into a new Space Bureau and a standalone Office of International Affairs. The changes are intended to help ensure FCC resources are aligned to meet the needs of FCC licensees and regulatees by “elevat[ing] the significance of satellite programs and policy within the agency to a level that reflects the importance of the emerging space economy.” Continue Reading ALERT: FCC Chairwoman Rosenworcel Announces Plans to Create a Space Bureau

  • The FCC recently adopted a notice of proposed rulemaking (NPRM) requiring Internet Service Providers (ISPs) to display consumer-friendly “nutrition labels” allowing consumers to comparison shop for broadband services;
  • The FCC proposes that these nutrition labels display information about price, speed, data allowances, and other relevant aspects of the proposed broadband service; and
  • Following-up on its first hearing on these potential nutritional labels, the FCC will conduct a second hearing on April 7, 2022.

Continue Reading The Many Layered Flavors of Broadband – The FCC’s Proposed Broadband “Nutrition Labels”

Earlier this month, the FCC adopted a Report & Order (“R&O”) streamlining the application review process for transactions involving foreign investment or participation in U.S. telecommunications companies (commonly known as “Team Telecom” but also referred to as “the Committee” in the R&O). Team Telecom is comprised of a committee of Executive Branch agencies (including the Department of Defense, the Department of Homeland Security, and the Department of Justice) tasked with assessing the national security, law enforcement, foreign policy, and trade policy concerns in these cross-border M&A transactions involving U.S. telecom companies. The FCC issued the R&O to formalize a decades-long practice and update its rules governing Team Telecom review consistent with the President’s April 4, 2020 Executive Order No. 13913 (the “EO”). The FCC builds upon the initial procedural requirements set by the EO to add certainty and transparency to the Team Telecom review process in a manner that protects national security interests without discouraging foreign investment.
Continue Reading Formalizing Team Telecom

On April 4th, 2020, President Trump issued an Executive Order on Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector.  The Executive Order essentially formalizes the Federal Communications Commission’s (“FCC” or “Commission”) existing “Team Telecom” review process by establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (“Committee”), with one notable exception:  for the first time, Team Telecom reviews will occur subject to a defined and limited timeframe of 120 days (with the possibility of 90 additional days), as further explained below.  These timeframes are slightly lengthier than the review periods recently established by the Department of Treasury for reviews conducted by the Committee on Foreign Investment in the United States (“CFIUS”).[1]
Continue Reading Too Much Time on Their Hands – New Executive Order Limits Time Period for Team Telecom Reviews

  • On October 10, 2018, the Committee on Foreign Investment in the United States put into effect the first mandatory filing requirement ever imposed by CFIUS. The Department of Treasury’s summary of the Pilot Program is available here.
  • Effective November 10, 2018, CFIUS will require reviews of critical technology investments – including certain non-controlling investments – from any country.
  • A failure to file notice or a new short form declaration to CFIUS may result in a civil monetary penalty up to the value of the transaction.
  • The requirements will not apply to any transaction that is completed prior to November 10, 2018 or any transaction for which the material terms were established prior to October 11, 2018.

Background

On August 13, 2018, President Trump signed FIRRMA into law. FIRRMA is a transformational expansion of the authority of the Committee on Foreign Investment in the United States (CFIUS) to review certain transactions that previously eluded the Committee’s jurisdiction (discussed in our blog, here). Congress left many critical aspects of the FIRRMA framework to be addressed through regulations promulgated by the Department of Treasury. Although we do not expect final rules to be forthcoming until late 2019 or early 2020, Congress empowered the Department of Treasury to “test-drive” parts of FIRRMA through Pilot Programs. Those programs can be implemented simply, taking effect 30 days after publication of the program requirements in the Federal Register. The adoption and implementation of the Pilot Program for critical technologies represents the Department of Treasury’s first attempt to implement substantive parts of FIRRMA prior to issuing formal regulations.
Continue Reading FIRRMA Takes Form as CFIUS Enacts a New Pilot Program Targeting “Critical Technologies”

On September 4, 2018, the Federal Communications Commission issued a new rule requiring foreign media outlets to submit reports to the FCC disclosing their relationships with foreign principals. The notice was issued pursuant to the 2019 National Defense Authorization Act.[1]
Continue Reading FCC’s Foreign Media Reporting Requirements: Extension of FARA or New Domain?

On June 25, 2018, the Department of Commerce (“Commerce”) released an advance notice of rulemaking through the National Oceanic and Atmospheric Administration (“NOAA”). As an initial step before Commerce drafts proposed regulations and issues a Notice of Proposed Rulemaking, the notice seeks input from stakeholders on key issues relating to potential revisions to the regulations currently governing how NOAA[1] administers licensing for commercial remote sensing space systems. The last update to the relevant regulations was in 2006 and significant technological developments, new business models, and increased foreign competition require regulatory updates in order to facilitate continued growth and U.S. leadership in this industry.
Continue Reading Commerce Prioritizes Earth Selfies as It Seeks to Improve Remote Sensing Licensing