The Federal Communications Commission on Wednesday initiated a rulemaking process to update its oversight of undersea fiber optic cables, proposing new regulations the agency says are designed to protect national security and streamline the licensing process.
The proposal, introduced as a Notice of Proposed Rulemaking (NPRM), would formalize the FCC’s procedures for reviewing applications for new submarine cable systems, which carry approximately 99% of all international data traffic. The vote by the commission to seek public comment on the proposed rules was unanimous.
In a statement, FCC Chairwoman Jessica Rosenworcel said the new framework is needed to address modern security challenges. “Submarine cables are the lifeblood of our digital economy, carrying the vast majority of our internet traffic between the United States and the world,” Rosenworcel stated. “We need to do more to ensure the security and reliability of this critical infrastructure.”
The proposed rules would codify and standardize the FCC’s national security reviews, which are currently conducted in coordination with executive branch agencies through the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector.
Key elements of the proposal include establishing a formal process for identifying trusted equipment and service suppliers. Applicants using these designated suppliers would be eligible for an expedited review process. Conversely, the rules would require heightened scrutiny for applications involving equipment or services from entities deemed to pose a security risk.
The NPRM also proposes new security requirements for cable landing stations, the physical locations where submarine cables connect to land-based networks. These would include mandates for licensees to report any attempts at unauthorized access to their facilities and communications.
Commissioner Brendan Carr commented on the necessity of the proposed changes. “For too long, we have been relying on an ad hoc process for reviewing the national security and law enforcement concerns raised by these cables,” Carr said in his statement. “By adopting a clear and consistent set of rules, we can provide more certainty to applicants while strengthening our national security.”
The proposal does not name specific countries or companies but focuses on creating a risk-based framework for evaluating foreign ownership and control in undersea cable systems. The FCC is now seeking public comment on all aspects of the proposed rules before it can proceed with a final vote on their adoption.
