To further accelerate the buildout of submarine cables connecting the United States to other nations, the Federal Communications Commission (FCC) has adopted additional rules in a Further Notice of Proposed Rulemaking (FNPRM) that proposes to prevent national security risks from current and potential foreign adversaries, while encouraging the use of trusted technology.
- The FNPRM proposes a regulatory framework that would grant a blanket license to entities that own or operate Submarine Line Terminal Equipment (SLTEs), subject to certain exclusions and routine conditions, such as a tailored foreign adversary annual report.
- The FNPRM proposes new certifications and routine conditions related to foreign adversaries to further protect submarine cables from national security risks.
- The FNPRM also proposes an approach to expedite deployment of submarine cables that connect to the United States by presumptively excluding submarine cable applications from referral to the relevant Executive Branch agencies if they meet certain standards.
- The FNPRM seeks comment on requiring existing licensees to remove from their submarine cable system covered equipment or services, within a specified timeframe prior to the expiration of the license.
- The FNPRM also seeks comment on how the Commission can use its authority to incentivize and encourage the adoption and the use of trusted technologies produced and provided by the United States and its foreign allies.
Comments are due November 26, 2025; reply comments are due December 26, 2025. To see the complete FNPRM and instructions for submitting comments, click HERE.
Submarine Cable Buildout Modernization Background
In November 2024, the FCC adopted the 2024 Cable NPRM, initiating a comprehensive review of the submarine cable rules to develop forward-looking rules in order to better protect submarine cables, identify and mitigate harms affecting national security and law enforcement, and facilitate the deployment of submarine cables and capacity to the market. As explained in the 2024 Cable NPRM, the FCC’s authority to grant, withhold, revoke, or condition submarine cable landing licenses derives from the Cable Landing License Act and Executive Order 10530.
The FCC discussed in detail its rules and coordination of applications with the federal government’s Executive Branch agencies, including the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Committee), to assess applicants and licensees for assessment of any national security, law enforcement, foreign policy, and/or trade policy concerns.
The FCC also discussed the existing procedures by which it coordinates with the State Department on all submarine cable applications and obtains approval of any proposed grant of an application or revocation of a cable landing license pursuant to the Cable Landing License Act and Executive Order 10530.
Recent FCC Actions Regarding National Security
The FCC has recognized that national security is built on both protecting the nation’s communications infrastructure from foreign adversary threats and promoting the prosperity and robustness of the communications sector. In its recent rulemaking proceedings and actions, the FCC is continuing its ongoing efforts to secure and protect communications networks from foreign adversaries, while recognizing that investment in U.S. communications networks bolsters national security.
In December 2024, the FCC engaged with stakeholders in light of U.S. government confirmed reports that state-sponsored foreign actors tied to the People’s Republic of China (PRC) infiltrated at least eight U.S. communications companies in a massive espionage effort, an incident known as Salt Typhoon. The FCC has continued to remain vigilant against this and other foreign adversary cyberthreats.
On November 22, 2024, the FCC adopted the 2024 Cable NPRM, which initiated the first major review of the submarine cable rules since 2001, and sought comment on how best to improve and streamline the rules to facilitate efficient deployment of submarine cables while ensuring the security, resilience, and protection of this critical infrastructure.
Among other things, the FCC sought comment on codifying the scope of its licensing requirements under the Cable Landing License Act and Executive Order 10530 and other legal requirements, improving the agency’s oversight of submarine cable landing licenses, and adopting targeted requirements to protect submarine cables from national security and law enforcement risks.
The FCC further sought comment on streamlining procedures to expedite submarine cable review processes and improving the quality of the circuit capacity data and facilitating the sharing of such information with other federal agencies.
To address evolving national security, law enforcement, and other risks, the FCC also sought comment on updating application requirements for national security purposes and ensuring the agency has targeted and granular information regarding the ownership, control, and use of a submarine cable system, adopting new compliance certifications, and on any additional steps the FCC can take to protect this critical infrastructure, including activities in coordination with other federal agencies.
