Overview
Title
An Act To direct the Federal Communications Commission to publish a list of entities that hold authorizations, licenses, or other grants of authority issued by the Commission and that have certain foreign ownership, and for other purposes.
ELI5 AI
The bill wants the government to make a list of companies that use important communication tools and are owned by other countries. This list is to be updated every year so everyone knows which companies might be controlled by other countries.
Summary AI
H.R. 820, titled the "Foreign Adversary Communications Transparency Act," directs the Federal Communications Commission (FCC) to publish and maintain an online list of entities that have FCC licenses or authorizations and possess certain levels of foreign ownership. The Act mandates that within 120 days, the FCC must make the list publicly accessible, focusing particularly on entities influenced or controlled by foreign governments or organizations from designated countries. It requires the FCC to issue rules within 18 months to gather information on these entities, exempting this process from the Paperwork Reduction Act. Additionally, the FCC must update the list at least once a year.
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AnalysisAI
General Summary of the Bill
The proposed legislation, known as the "Foreign Adversary Communications Transparency Act," requires the Federal Communications Commission (FCC) to compile and publish a list of entities that hold FCC-issued licenses or authorizations and have certain levels of foreign ownership. The list's primary purpose is to enhance transparency regarding foreign influence and ensure that national security considerations are adequately addressed. The FCC would be responsible for gathering information on these entities and updating the list on an annual basis.
Summary of Significant Issues
One of the critical concerns with the bill is the timeline stipulated for both the initial publication of the list and the subsequent rulemaking process. The bill grants the FCC 120 days to publish the list, which could delay the identification of foreign-owned entities posing national security risks. Furthermore, the 18-month period allotted for rulemaking may further postpone necessary actions.
The legislation also refers to terms like "appropriate national security agency" without clear definitions within the text, requiring cross-referencing with other legislative documents. This complexity may hinder effective implementation and understanding of the act.
Additionally, the exemption from the Paperwork Reduction Act could lead to a lack of oversight over the information collected, possibly increasing the administrative burden on affected entities without adequate transparency.
Another concern is the complicated language used in the rulemaking section, making it difficult for affected stakeholders to comprehend, which could result in non-compliance or legal disputes. Finally, the requirement for annual updates may not be frequent enough to address rapidly changing foreign ownership situations, potentially missing critical developments pertinent to national security.
Impact on the Public
Broadly speaking, the bill aims to increase transparency around foreign influences in the telecommunications sector, which could reassure the public that national security concerns are being prioritized. By publishing a list of entities with significant foreign ownership, the legislation seeks to inform stakeholders and the general public about who controls communications infrastructure, thus promoting informed decision-making.
Impact on Specific Stakeholders
For stakeholders within the telecommunications industry, the bill introduces new compliance requirements. Entities with foreign ownership will need to report specific information to the FCC, potentially incurring additional administrative costs and operational changes to align with the new regulations.
National security agencies could benefit from the increased visibility into foreign-owned entities, enabling them to offer timely recommendations to better safeguard national interests. However, if the timelines and processes outlined in the bill delay the gathering of essential information, these agencies might face challenges in effectively managing potential threats.
Legal professionals and regulatory compliance experts might experience increased demand for their services as affected entities navigate the complex requirements and language within the bill. However, the lack of clarity around certain terms and processes could lead to challenges and legal uncertainties that these professionals would need to address.
Overall, while the bill's intentions are aligned with national security interests, various complications in its implementation could impact how effectively it achieves its goals, depending heavily on the FCC's execution and the responses from different sectors involved.
Issues
The timeline for the initial publication of the list (120 days) and the rulemaking process (18 months) in Section 2 may delay prompt identification and action on entities with foreign ownership, potentially posing a risk to national security.
The term 'appropriate national security agency' is referenced but not clearly defined within Section 2, requiring further consultation with external legislation, which might complicate understanding and hinder the effective implementation of the act.
The exemption from the Paperwork Reduction Act in Section 2 could lead to insufficient oversight and review of the information being collected, potentially increasing administrative burden on the entities being regulated and reducing transparency.
The language used in the rulemaking section (Section 2, subsection (b)) is complex and may be difficult for stakeholders to understand, potentially leading to non-compliance or legal challenges.
Annual updates, as mandated in Section 2, may not be frequent enough to address rapidly changing ownership structures, particularly concerning foreign entities of national security concern, thereby potentially exposing the national interests to risk.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act gives it a short title, which is “Foreign Adversary Communications Transparency Act.”
2. List of entities holding FCC authorizations, licenses, or other grants of authority and having certain foreign ownership Read Opens in new tab
Summary AI
The section of the bill requires the Federal Communications Commission (FCC) to publish and annually update a list of entities that hold FCC licenses and have certain foreign ownership. The list will help identify entities with significant equity or voting interest from foreign governments or organizations, ensuring transparency and consideration of national security concerns.