§  1.40001   Executive branch review of applications, petitions, other filings,
and existing authorizations or licenses with reportable foreign ownership.

   Link to an amendment published at  85 FR 76385 , Nov. 27, 2020.

   (a) The Commission, in its discretion, may refer applications,
   petitions, and other filings to the executive branch for review for
   national security, law enforcement, foreign policy, and/or trade policy
   concerns.

   (1) The Commission will generally refer to the executive branch
   applications filed for an international section 214 authorization and
   submarine cable landing license as well as an application to assign,
   transfer control of, or modify those authorizations and licenses where
   the applicant has reportable foreign ownership and petitions for
   section 310(b) foreign ownership rulings for broadcast, common carrier
   wireless, and common carrier satellite earth station licenses pursuant
   to § § 1.767, 63.18 and 63.24 of this chapter, and 1.5000 through 1.5004.

   (2)-(3) [Reserved]

   (b) The Commission will consider any recommendations from the executive
   branch on pending application(s) for an international section 214
   authorization or cable landing license(s) or petition(s) for foreign
   ownership ruling(s) pursuant to § § 1.5000 through 1.5004 or on existing
   authorizations or licenses that may affect national security, law
   enforcement, foreign policy, and/or trade policy as part of its public
   interest analysis. The Commission will evaluate concerns raised by the
   executive branch and will make an independent decision concerning the
   pending matter.

   (c) In any such referral pursuant to paragraph (a) of this section or
   when considering any recommendations pursuant to paragraph (b) of this
   section, the Commission may disclose to relevant executive branch
   agencies, subject to the provisions of 44 U.S.C. 3510, any information
   submitted by an applicant, petitioner, licensee, or authorization
   holder in confidence pursuant to § 0.457 or § 0.459 of this chapter.
   Notwithstanding the provisions of § 0.442 of this chapter, notice will
   be provided at the time of disclosure.

   (d) As used in this subpart, “reportable foreign ownership” for
   applications filed pursuant to § § 1.767 and 63.18 and 63.24 of this
   chapter means any foreign owner of the applicant that must be disclosed
   in the application pursuant to § 63.18(h); and for petitions filed
   pursuant to § § 1.5000 through 1.5004 “reportable foreign ownership”
   means foreign disclosable interest holders pursuant to § 1.5001(e) and
   (f).