Post-Election Outlook | Strengthening National Security: The FCC’s Approach to the Covered List

December 16, 2024

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Expect to see new entities added to the Federal Communications Commission’s (FCC) “Covered List” of communications equipment and services deemed to pose an unacceptable risk to the national security of the United States (U.S.) under a Republican-led FCC. Commissioner Brendan Carr has been particularly vocal on this issue, urging that the FCC “must do a better job of ensuring that its Covered List stays up to date and accounts for changes in corporate names and forms,” and suggesting that the new administration “should create a more regular and timely process for reviewing entities with ties to the Chinese Communist Party’s surveillance state.” Expect FCC staff to take a more proactive role in investigating companies for ties to prohibited entities, and working with other agencies focused on national security to add them to the Covered List. While the FCC has so far only banned Covered List companies from obtaining FCC authorizations, Commissioner Carr has proposed revoking the existing authorizations of Covered List companies. Additionally, Commissioner Carr could be expected to prohibit U.S. providers from interconnecting with Covered List companies, in order to prevent those companies from continuing to offer service on a private, unregulated basis.

On the Hill, Republicans may move to “streamline” the 2022 CHIPS and Science Act (CHIPS Act) by eliminating what Republican House Speaker Mike Johnson calls “costly regulations and Green New Deal Requirements.” Republicans, including President-elect Donald Trump, have been critical of the CHIPS Act, which allocated $39 billion for grants aimed at strengthening semiconductor manufacturing in the U.S.

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