Comments Due in FCC Rulemaking Requiring Certifications that Ownership is Not Held by Foreign Adversaries

The FCC has set July 21 as the deadline for initial comments in its rulemaking proceeding considering requirements for FCC regulated entities, including broadcasters, to certify that ownership interests are not held by foreign adversaries.  The proposal would adopt new certification and disclosure requirements on entities holding every type of license, permit, or authorization, rather than only certain specific licenses, as the Commission currently does. Furthermore, the Commission proposes to go beyond foreign ownership to also cover all regulated entities controlled by or subject to the jurisdiction or direction of a foreign adversary.

The rulemaking identifies the following as foreign adversaries: (1) the People’s Republic of China (including Hong Kong and Macau); (2) the Republic of Cuba; (3) the Islamic Republic of Iran; (4) the Democratic People’s Republic of Korea (North Korea); (5) the Russian Federation; and (6) Venezuelan politician Nicolás Maduro (Maduro Regime). By focusing on foreign adversary ownership or control, rather than foreign influence more broadly, the FCC seeks to adopt rules tailored to avoid needless burdens on regulated entities.