§  1.40002   Referral of applications, petitions, and other filings with
reportable foreign ownership to the executive branch agencies for review.

   (a) The Commission will refer any applications, petitions, or other
   filings for which it determines to seek executive branch review by
   placing the application, petition, or other filing on an accepted for
   filing public notice that will provide a comment period for the
   executive branch to seek deferral for review for national security, law
   enforcement, foreign policy, and/or trade policy concerns.

   (b)(1) The executive branch agency(ies) must electronically file in all
   applicable Commission file numbers and dockets associated with the
   application(s), petition(s), or other filing(s) a request that the
   Commission defer action until the Committee for the Assessment of
   Foreign Participation in the United States Telecommunications Services
   Sector (Committee) completes its review. In the request for deferral
   the executive branch agency must notify the Commission on or before the
   comment date and must state whether the executive branch:

   (i) Sent tailored questions to the applicant(s), petitioner(s), and/or
   other filer(s);

   (ii) Will send tailored questions to the applicant(s), petitioner(s),
   and/or other filer(s) by a specific date not to be later than thirty
   (30) days after the date on which the Commission referred the
   application to the executive branch in accordance with paragraph (a) of
   this section; or

   (iii) Will not transmit tailored questions to the applicant(s),
   petitioner(s), and/or other filer(s).

   (2) The executive branch agency(ies) must electronically file in all
   applicable Commission file numbers and dockets associated with the
   application(s), petition(s), or other filing(s) a request by the
   comment date if it needs additional time beyond the comment period set
   out in the accepted for filing public notice to determine whether it
   will seek deferral.

   (c) If an executive branch agency(ies) does not notify the Commission
   that it seeks deferral of referred application(s), petition(s), and/or
   other filing(s) within the comment period established by an accepted
   for filing public notice, the Commission will deem that the executive
   branch does not have any national security, law enforcement, foreign
   policy, and/or trade policy concerns with the application(s),
   petition(s), and/or other filing(s) and may act on the application(s),
   petition(s), and/or other filing(s) as appropriate based on its
   determination of the public interest.