Review of Submarine Cable Landing License Rules and Procedures To Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy Risks
Federal Communications Commission
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- Federal Register
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- regulation
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FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1 and 43 [OI Docket No. 24-523; MD Docket No. 24-524; FCC 25-49; FR ID 355112] Review of Submarine Cable Landing License Rules and Procedures To Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy Risks AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. SUMMARY: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget has approved new information collection requirements under OMB Control Numbers 3060-1156 and 3060-0944, as adopted by the Commission's Report and Order, FCC 25-49. DATES: Amendatory instructions 6 (§â1.767), 7 (§â1.768), 10 (§â1.70002), 11 (§â1.70003), 12 (§§â1.70005 and 1.70006), 13 (§â1.70007), 14 (§§â1.70008 and 1.70009), 15 (§§â1.70011 through 1.70013), 16 (§â1.70016), 17 (§â1.70017), 18 (§â1.70020), 19 (§§â1.70023 and 1.70024), and 22 (§â43.82), published at 90 FR 48648 on October 27, 2025, are effective July 8, 2026. FOR FURTHER INFORMATION CONTACT: Cathy Williams, Office of the Managing Director, Federal Communications Commission, at (202) 418-2918 or Cathy.Williams@fcc.gov. SUPPLEMENTARY INFORMATION: This document announces that the Office of Management and Budget (OMB) approved the information collection requirements in 47 CFR 1.767, 1.768, 1.70002, 1.70003, 1.70005, 1.70006, 1.70007, 1.70008, 1.70009, 1.70011, 1.70012, 1.70013, 1.70016, 1.70017, 1.70020, 1.70023, 1.70024, and 43.82 on June 26, 2026. The Commission publishes this document as an announcement of the effective date for this final rule. Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the Commission is notifying the public that it received final OMB approval on June 26, 2026, for the information collection requirements contained in 47 CFR 1.767, 1.768, 1.70002, 1.70003, 1.70005, 1.70006, 1.70007, 1.70008, 1.70009, 1.70011, 1.70012, 1.70013, 1.70016, 1.70017, 1.70020, 1.70023, 1.70024, and 43.82. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number for the information collection that includes the requirements in 47 CFR 1.767, 1.768, 1.70002, 1.70003, 1.70005, 1.70006, 1.70007, 1.70008, 1.70009, 1.70011, 1.70012, 1.70013, 1.70016, 1.70017, 1.70020, 1.70023, 1.70024, and 43.82 is 3060-0944. The OMB Control Number for the information collection that includes the requirements in 47 CFR 43.82 is 3060-1156. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060-0944. Title: Cable Landing License Act; Executive Order 10530, 47 CFR 170000-1.70024, 1.40001, 1.40003. OMB Approval Date: June 26, 2026. OMB Expiration Date: June 30, 2029. Form Numbers: SCL-LICâSubmarine Cable Landing License Application (revising form); SCL-STAâSubmarine Cable Landing License Special Temporary Authority (revising form); SCL-FCNâSubmarine Cable Landing License Foreign Carrier Affiliation (revising form); SCL-ASG/TCâSubmarine Cable Landing License Assignment or Transfer of Control of License (revising form); SCL-LPNâSubmarine Cable Landing License Landing Point Notification (revising form); SCL-MODâSubmarine Cable Landing License Modification (revising form); SCL-RWLâSubmarine Cable Landing License Renewal (revising form); Foreign Adversary Annual Report (new form); One-Time Covered List Certification (new form); One-Time Cybersecurity and Physical Security Certification (new form). Respondents: Business or other for-profit entities and State, Local or Tribal Governments. Number of Respondents and Responses: 429 respondents; 472 responses. Estimated Hours per Response: 4 to 320 hours per response. Frequency of Response: On occasion, Annual, and One-time reporting requirements; Recordkeeping requirement, and Third-party disclosure requirement. Total Annual Burden: 14,180 hours. Total Annual Cost: $4,354,490. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in §§â1, 4(i), 4(j), 201-255, 303(r), 403, 413 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201-255, 303(r), 403, 413, and the Cable Landing License Act of 1921, 47 U.S.C. 34-39, and Executive Order No. 10530, §â5(a) (May 12, 1954) reprinted as amended in 3 U.S.C. 301. Needs and Uses: On August 13, 2025, the Commission released a Report and Order, FCC 25-49, OI Docket No. 24-523 and MD Docket No. 24-524, titled âReview of Submarine Cable Landing License Rules and Procedures to Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy Risks.â In this Report and Order (Order), the Commission clarified when a cable landing license is required under the Cable Landing License Act to provide regulatory certainty to submarine cable owners and operators, updated application requirements and definitions to provide a clear regulatory framework, while also making targeted adjustments for national security purposes, and modernized the definition of âsubmarine cable systemâ to better reflect the range of technological advancements and components of current systems. The Order also adopted foreign adversary definitions to protect the security of submarine cables by presumptively precluding the grant of applications filed by an applicant owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary and/or identified on the Commission's Covered List, among others. There is also a presumption that denial of an application is warranted where an applicant seeks to land a submarine cable in a foreign adversary country or add a new landing located in a foreign adversary country. Importantly, licensees are now prohibited from entering into certain IRU or capacity lease arrangements, where it would give a foreign adversary-controlled entity the ability to install, own, or manage Submarine Line Terminal Equipment (SLTE) on a submarine cable landing in the United States. Licensees owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary and/or identified on the Covered List, among others, are required to file a Foreign Adversary Annual Report to protect submarine cable infrastructure. The collection of this information is critical to the Commission's review of submarine cable applications and cable landing licensees for national security purposes and will advance its efforts to protect the security, integrity, and resilience of this critical U.S. infrastructure. Relatedly, the Commission transitioned its International Communications Filing System (ICFS) to a new cloud-based platform in June 2025. Following OMB's approval of modifications to this information collection, the Commission will develop and submit for OMB review revised submarine cable application forms and new forms to comply with the new requirements. Until the new and revised electronic forms are approved by OMB, submarine cable applicants and licensees will be required to provide the information required by the Submarine Cable Report and Order by submitting the current application forms and providing additional information as required in an attachment filed in ICFS. Additional rules related to information collection: Although there are no changes to 47 CFR 1.40001 and 1.40003 in the Order, the information collection for OMB Control No. 3060-0944 considered anticipated costs the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector (Committee) would incur for reviewing applications for national security and law enforcement concerns. Specifically, the Committee anticipated that it will incur costs for development and maintenance of an online portal for the filing and retention of Standard Question responses that we reported previously. Therefore, the rules at 47 CFR 1.40001 and 1.40003 have been incorporated into the cost calculations. OMB Control Number: 3060-1156. Title: 47 CFR 43.82, Annual International Circuit Capacity Reports. OMB Approval Date: June 26, 2026. OMB Expiration Date: June 30, 2029. Form Number: N/A. Respondents: Business or other for-profit entities and State, Local or Tribal Governments. Number of Respondents and Responses: 133 respondents; 266 responses. Estimated Hours per Response: 1 to 20 hours per response. Frequency of Response: Annual reporting requirement. Total Annual Burden: 2,793 hours. Total Annual Cost: $12,000. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in §§â1, 4(i), 4(j), 201-255, 303(r), 403, 413 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201-255, 303(r), 403, 413, and the Cable Landing License Act of 1921, 47 U.S.C. 34-39, and Executive Order No. 10530, §â5(a) (May 12, 1954) reprinted as amended in 3 U.S.C. 301. Needs and Uses: The Federal Communications Commission (Commission) received approval from the Office of Management and Budget (OMB) for the revised information collection for the annual submarine cable circuit capacity reports required pursuant to the Cable Landing License Act of 1921 and §â43.82 of the Commission's rules. On August 7, 2025, the Commission adopted a Report and Order and Further Notice of Proposed Rulemaking (Submarine Report and Order), FCC 25-49, that modernized the Commission's submarine cable rules, including adopting new rules regarding the annual circuit capacity reports. With respect to the annual submarine cable circuit capacity data collection, the Commission modified the circuit capacity reporting requirements to enhance the quality and usefulness of the data for national security and other purposes, provide greater clarity to licensees and common carriers (Filing Entities) on the reporting requirements for Filing Entities, and eliminated duplicative burdens. Specifically, the Commission eliminated the requirement for licensees to file a Cable Operator Report about the capacity on a cable and instead required Filing Entities to file one report, the Capacity Holder Report, on an individual basis. They also retained important information from the Cable Operator Report by integrating and clarifying information about available, planned, and design capacity that was previously reported in the Cable Operator Report. The Commission requires Filing Entities to report their capacity on domestic cables, as the lack of this information created a critical gap regarding the ownership and use of capacity on submarine cables regulated by the Commission. Filing Entities should also identify, with respect to each sale, lease, or purchase of a fiber pair and/or spectrum, the submarine cable, the U.S. and foreign landing points of the fiber pair and/or spectrum, and the entity that manages the fiber pair and/or spectrum, if different from the entity that owns it. Filing Entities are also required to provide certain information about their submarine line terminal equipment (SLTEs) in the Capacity Holder Report as SLTEs are among the most important equipment associated with the submarine cable system for national security and law enforcement purposes. Additionally, the Commission allowed any subsidiary, parent entity, or affiliate to file the Capacity Holder Report on behalf of a licensee(s) or common carrier(s), so long as the legal name of the licensee or common carrier is identified in the report and an officer of the licensee or common carrier certifies that the information in the report is accurate and complete. The Order codified a compliance provision in §â43.82 of the rules and modified §â43.82 of the rules to allow the Commission to share with the Committee, Department of Homeland Security (DHS), and the State Department the capacity data filed on a confidential basis without the pre-notification requirements of 47 CFR 0.442(d). The Commission's Office of International Affairs (OIA) received directions to revise the Filing Manual to conform with the changes adopted in the Submarine Cable Report and Order. The Commission has found that the data from the annual circuit capacity reports are necessary for the Commission to fulfill its statutory obligations. Importantly, pursuant to the Submarine Cable Report and Order, the Commission will now receive circuit capacity information on domestic cables and require the reporting of information about SLTEs. The Commission found that the data from the circuit capacity reports also serves a vital role by sharing this information with other federal agencies. The Committee regularly requests this data for its work on national security and law enforcement issues, as has DHS for its national security and homeland security functions. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2026-13765 Filed 7-7-26; 8:45 am] BILLING CODE 6712-01-P
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