Departments of Defense, Homeland Security, and Justice, including the Federal Bureau of Investigations. Though Team Telecom review is not statutorily mandated, it has plenty of precedent in the realm of submarine cable licenses. Further, Team Telecom frequently requests the FCC to defer granting a license application until completion of its review. As a result, the FCC will rarely grant a landing license in fewer than six months where Team Telecom review is required.
In general, the process is as follows: (1) the FCC provides copies of applications with foreign ownership to the Executive Branch for review; (2) Team Telecom asks the applicants a series of questions, commonly known as “triage questions,” pertaining to issues such as equipment type, storage and security of call data and other physical security information, encryption key usage, and entities with access to the applicant’s network and data; (3) the review generally culminates with the government
and applicants entering into a commitment letter or network security agreement addressing national security concerns. In order to streamline the process and expedite review, applicants may proactively contact Team Telecom before or upon filing at the FCC. Network security agreements are critical to facilitating surveillance programs conducted by U.S. national security and law enforcement agencies, for example the National Security Agency, as well as for preventing foreign governments from gaining visibility into U.S. telecommunications and surveillance systems. Provisions of such agreements frequently include limitations on equipment types used, or requirements to establish a network operations center (“NOC”) located domestically and operated by screened U.S. citizens. Cybersecurity remains a growing concern both internationally and domes-
tically. In 2013, President Obama issued an executive order aimed at improving critical infrastructure cybersecurity, following which the National Institute of Standards and Technology, a sector of the Department of Commerce, released a Cybersecurity Framework promulgating a set of industry standards to reduce cyber risks to critical infrastructure. This framework, implemented by multiple industry sectors including the Department of the Treasury, was also integrated by the FCC through its Communications, Security, Reliability, and Interoperability Counsel (CSRIC). In March of 2015, CSRIC released a report recommending to the FCC actions for cybersecurity risk management, and to providers and operators guidance for operationalizing the framework. Other Authorizations Required federal authorization are not limited to FCC approval: submarine cable operators must also obtain