FCC to Implement Sweeping Changes to International Section 214 Framework

October 30, 2026

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On October 29, 2026, the Federal Communications Commission (FCC or Commission) voted to approve an Order and Further Notice of Proposed Rulemaking (the Draft Order and Draft FNPRM) that will substantially overhaul its international section 214 framework governing the provision of international telecommunications services within the United States. Although the official Order and FNPRM are not yet public, a draft released earlier in October indicates that the FCC’s action will significantly expand disclosure and reporting requirements and impose prohibitions on the use of certain equipment and services deemed to be high-risk as part of its ongoing efforts to protect national communications infrastructure.

Below is a summary of some of the more noteworthy and potentially consequential provisions of the Draft Order and Draft FNPRM.

Draft Order

The Draft Order will impose another mandatory one-time information collection requirement for all international section 214 authorization holders. This collection will be far broader and more voluminous than the previous one-time information collection conducted under the 2023 Report and Order. At a high level, the one-time information submission must include:

• Detailed data on the locations of and operations within all cross-border communications facilities, including granular location and equipment information.
• Names of and identifying information for all individuals and entities that directly or indirectly hold 5% or more of the equity interests and/or voting interests in the authorization holder or have a controlling interest in the authorization holder (a 10% threshold will apply for certain publicly traded U.S. companies).
• Descriptions of all services currently provided and those expected to be provided, and in which geographic markets.
• Information concerning the use of third-party service providers that (a) are owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; (b) are identified on the FCC’s Covered List; or (c) can access the telecommunications network, systems, communications, or records from a foreign adversary country.
• Certification of compliance with “baseline” cybersecurity requirements.
• For authorizations granted prior to the effective date of the rules, certification:
  • As to whether the authorization holder uses equipment or services on the FCC’s Covered List (based on producer/provider-based determinations) for the provision of services pursuant to international section 214 authority; and
  • That no equipment or services on the FCC’s Covered List (based on producer/provider-based determinations) will be added by the authorization holder or by the owner of the facility or facilities used by the authorization holder to provide international section 214 services.
• For authorizations granted after the effective date of the rules, certification that the authorization holder will not use or add equipment or services on the FCC’s Covered List (based on producer/provider-based determinations) to provide international section 214 services.
• Certification as to whether the authorization holder meets updated character qualifications.
• Identification of all international section 214 authorizations held, and, if more than one, a specific explanation of the need to hold multiple international section 214 authorizations.

All information must be current as of 30 days prior to submission to the FCC. The Draft Order requires most of the information listed above to be part of all future applications for new international section 214 authority and for modification, assignment, or transfer of control of existing authority. Importantly, the Draft Order requires not only applicants – but also authorization holders – to continually update the FCC as to “material changes” in the required information within 30 days of such a change. In addition, the Draft Order requires all new international section 214 authorization holders to commence service within one year of the grant of authority and to notify the Commission when service has commenced.

The FCC also plans to initiate revocation proceedings for approximately 5,700 international section 214 authorization holders that failed to respond to the Commission’s previous one-time information collection. The Office of International Affairs is instructed to publish a list of all international section 214 authorization holders that failed to respond to the initial one-time information collection. Those authorization holders will then have 30 days to respond to the Public Notice or surrender their authorization. Failure to respond to this additional notice will result in the FCC instituting revocation proceedings in the Federal Register, after which the authorization holders will have a final 15 days to respond before revocation of the authorization.

The Draft Order does not include proposals to implement a formal authorization renewal process or timetable or to formalize a new periodic review process. Nevertheless, the requirement to notify the FCC of “material changes” within 30 days is likely to substantially increase authorization holders’ reporting obligations.

Draft FNPRM

The Draft FNPRM contains a number of proposals that would restrict a wide range of business activities based on potential risk from foreign adversaries. Some of the more potentially consequential proposals include:

• Presumptive disqualification for international section 214 authority if an applicant is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary (which includes whenever a citizen of a foreign adversary or an entity located in a foreign adversary holds a 10% or greater equity or voting share), is identified on the FCC’s Covered List, or has had (or in the future has) any FCC authorization denied, revoked, and/or terminated on national security and law enforcement grounds.
• Presumptive disqualification for international section 214 authority if an applicant has an agreement or plans to have certain types of agreements (such as financing, strategic partnerships, or mergers) with an entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
• Presumptive disqualification for international section 214 authority if an applicant or its parent company employs a senior official who is subject to foreign adversary ownership, control, jurisdiction, or direction and performs duties while located in a “foreign adversary” country in connection with international section 214 operations.
• Prohibition on entering or extending certain business arrangements (such as indefeasible rights of use (IRUs), capacity leases, or use of dark fiber) with any entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, identified on the Covered List, or whose authorization, license, or other Commission approval was or has been denied, revoked, and/or terminated on national security and law enforcement grounds, where such arrangements provide the entity with ownership, management authority, or meaningful operational control over telecommunications infrastructure or services, and submission of detailed information about such arrangements.
• Prohibition on physical and/or remote access to principal equipment, sensitive U.S. records, or domestic communications used to provide communications services by any individual located in a foreign adversary country or any entity owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
• Requirement for the development of comprehensive cybersecurity plans that are based on established risk management frameworks and subject to review by the FCC, security incident reporting requirements, and additional specific cybersecurity requirements.
• Expanded obligation to report “material changes” to the FCC and Team Telecom.
• Permission for the FCC to share with Team Telecom and all relevant federal agencies information submitted pursuant to new rules without pre-notification requirements.

Conclusion

The Commission’s Order and FNPRM are set to deliver even more sweeping changes to the regime governing international section 214 authorizations and will have substantial impacts on existing authorization holders, investors, and transaction parties. Wiley’s Telecom, Media & Technology; National Security; and Cybersecurity practitioners have significant experience helping clients navigate international section 214-related and other national security issues. For more information about the issues discussed in this alert, please contact one of the authors.