TEAM TELECOM

CONFERENCE CHAIR

Janine Slade

3rd National Forum on April 12, 2023

Hilton Towers Arlington, VA

Special Counsel, Covington & Burling LLP

Former Deputy Director, Foreign Investment Risk Management U.S. Department of Homeland Security

Government Speakers

Devin DeBacker Chief, Foreign Investment Review Section, National Security Division

U.S. Department of Justice

Lee G. Licata Deputy Section Chief for Telecom and Supply Chain U.S. Department of Justice

I thought the presentation [conference] was excellent and covered the right amount of material at the right amount of detail.

The overall experience was professional and well-run.

Alice Suh Jou Attorney, National Security Division U.S. Department of Justice

Benjamin Goldsmith Principal Scientific Officer, National Security Division

U.S. Department of Justice

Join

Tyler Wood Deputy Chief for Compliance and Enforcement

U.S. Department of Justice User-Alt

The topic is of course timely for anyone practicing in this area and I really appreciate that ACI expanded the Team Telecom session into a standalone event.

The Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, commonly referred to as the Team Telecom Committee, is expanding its scope and jurisdiction as it reviews applications for telecom licenses, deals and other requests made to the Federal Communications Commission (FCC). Implementation of the relatively new structure and filing system continues to have uncertainty and grey areas.

April

8:30

Opening Comments from the Chair

microphone-alt Janine Slade, Special Counsel, Covington & Burling LLP

Former Deputy Director, Foreign Investment Risk Management

U.S. Department of Homeland Security (DHS)

8:45

The Interplay Between Team Telecom Reviews and FCC Enforcement Action microphone-alt Lee G. Licata, Deputy Section Chief for Telecom and Supply Chain, U.S. Department of Justice

Confirmed Representative, Federal Communications Commission

MODERATED BY:

Janine Slade, Special Counsel, Covington & Burling LLP

Former Deputy Director, Foreign Investment Risk Management

U.S. Department of Homeland Security (DHS)

9:30

11:00 Networking Break

11:15 CASE STUDIES

Analysing the Significance and Impact of

Recent Appellate Court Cases Involving the FCC and China

microphone-alt Eve Klindera Reed, Partner, Wiley Rein LLP

Alice Suh Jou, Attorney, National Security Division, U.S. Department of Justice

During this session speakers will delve into some of the recent court cases reviewed by the Federal Communications Commission. Delegates will discuss the significance and the impact of the decisions and how cases may be affected going forward. Cases being discussed will include:

• China Telecom (Ams.) Corp. vs. FCC No. 21-1233

• Pacific Networks Corp, v. FCC, NO. 22-01054

12:00

The Move Toward Standardized Terms in Mitigation Agreements: How to the Expected (and Unexpected) Pain Points of Using Standard and Non-Standard Terms –and What Now Requires Increased Scrutiny

Biden Executive Order to

Safeguard Personal Sensitive Data-and the Interplay with Team Telecom: A Closer Look at Heightened Security Requirements

microphone-alt Devin DeBacker, Chief, Foreign Investment Review Section, National Security Division, U.S. Department of Justice

Kent D. Bressie, Partner, Harris, Wiltshire & Grannis LLP

Following President Biden’s Executive Order, the U.S. Department of Justice has renewed focus to ensure the safeguarding of Personal Sensitive Data, including its collection, storage and access. Without a law to protect this sector, how will government agencies close the gap to protect personal sensitive data, and how will the current laws evolve? During this session delegates will gain key takeaways and best practices for complying with the enhanced security measures.

• Examining what tools government agencies are using to safeguard personal data

• Best practices for working with government agencies and helping clients bridge the gap

• Best practices for collecting, storing and accessing personal sensitive data

• Anticipating how regulations may evolve to better protect personal sensitive data

10:15

Secure Internet Routing & You: How Increased Focus on BGP Routing Could Affect U.S. Consumers and Businesses

microphone-alt Benjamin Goldsmith, Principal Scientific Officer, National Security Division, U.S. Department of Justice microphone-alt Richard C. Sofield, Partner, Vinson & Elkins

In a February 2022, the Federal Communications Commission (FCC) filed a notice of inquiry on Border Gateway Protocol (BGP), one of the internet’s most important traffic routing protocols, which noted continued vulnerabilities in this protocol. In subsequent comments, both industry and government – including the members of Team Telecom – noted the ways in which this vulnerability continues to put U.S. personal and commercial communications at risk of theft, espionage and corruption by foreign adversaries. This session will delve into the strategies for secure internet routing, including technical measures and business approaches to improving the security of our telecommunications networks.

Digging into mitigation agreements. While the government is increasingly favoring standard terms on mitigation agreements, they don’t work for every company. This session will dig into the challenges with standard terms, as well as complications arising from non-standard terms, and how to best mitigate an agreement for each.

• Identifying standard terms that might not work for your mitigation agreement

• Negotiating non-standard terms, including special requirements for:

» Investors not being allow into facilities

» Vendor approvals

» Increase percentages

12:45

» Entities in the mix

- Equipment approvals - Tailored access restrictions

When Team Telecom Will Revisit Your Licensing Agreements: How New Technology Advancements are Prompting Enhanced Scrutiny microphone-alt Tyler Wood, Deputy Chief, Compliance and Enforcement, National Security Division, Foreign Investment Review Section, U.S. Department of Justice

Jeffrey J. Carlisle, Member, Lerman Senter PLLC

There is no safe harbor in the world of Team Telecom regulation compliance. Under the Section 6 of the Team Telecom regulation, licenses can be reviewed at any time. As technology continues to advance, Team Telecom has been actively reviewing more licenses. This session will examine what can trigger a review and how companies can prepare.

• Examining what technology advancements can trigger a licence review

• Analyzing the national security benefits of a review

1:30

Closing Comments from the Chair

EARN CLE/ CREDITS

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

For more information on ACI’s CLE process, visit: www.AmericanConference.com/Accreditation/CLE