FCC Bolsters Security for Cross-Border Communications

Modernized International Telecom Rules Also Set Reporting Requirements for 5% Ownership Stakes and Use of Foreign Adversary-Controlled Third-Party Service Providers

The Federal Communications Commission adopted new final rules that bolster security for carriers that are authorized to provide international telecommunications services. The rules tighten the FCC’s oversight of international communications services entering the United States. These changes strengthen border security by enhancing transparency and disclosures for communications across the U.S.-Mexico and U.S.-Canada borders.

The new rules modernize the Commission’s international section 214 framework to strengthen protections for U.S. telecommunications services and infrastructure, while reducing unnecessary regulatory burdens. These comprehensive changes to FCC rules enhance foreign ownership reporting, mandate disclosures on the use of untrusted equipment or service providers, and require carriers adhere to cybersecurity standards, among other measures.

Specifically, the Order adopts rules that will require international section 214 authorization holders and applicants to adhere to baseline cybersecurity practices, such as those promulgated by the National Institute of Standards and Technology (NIST). They also prohibit the use and/or addition of certain equipment or services identified on the FCC’s Covered List, a list of communications equipment and services that are deemed to pose an unacceptable risk to national security. It also requires that international section 214 authorization holders commence service within one year following the grant of international section 214 authority. 

The new rules also require that these entities accurately report on:

Border Facilities – Applicants and authorization holders must provide information about facilities used to provide communications service crossing the U.S.-Mexico and U.S.-Canada borders.

Ownership Stakes – Applicants must submit information about their ownership at a 5% reporting threshold.

Risky Relationships – Applicants must identify their current and/or expected future services and geographic markets and whether or not they use or will use third-party foreign adversary-controlled service providers.

The item adopted today also reports the Commission’s findings from its 2023 Evolving Risks One-Time Information Collection. The Commission received responses from approximately 1,235 international section 214 authorization holders out of the approximately 7,000 authorization holders in the database. Four respondents reported foreign adversary ownership and two entities known to have such ownership did not respond. Looking ahead, the Order adopts another one-time information collection to ensure the Commission has baseline and up-to-date information on all authorization holders based on the new rules and for purposes of implementing an ongoing reporting requirement.

The Commission also adopted a Further Notice of Proposed Rulemaking to seek comment on a comprehensive additional set of security measures for international section 214 authorizations. These include proposals to adopt a presumption that would preclude the grant of international section 214 authority to certain untrusted entities, additional cybersecurity and physical security certifications, prohibitions on the use of untrusted equipment and services and certain arrangements such as capacity leases with untrusted entities, enhanced information requirements on facilities, information sharing with relevant federal government agencies, prohibitions on access to communications infrastructure by individuals located in foreign adversary countries, and more.

Action by the Commission October 29, 2026 by Report and Order and Further Notice of Proposed Rulemaking (FCC 26-74). Chairman Carr, Commissioners Gomez and Trusty approving. Chairman Carr and Commissioner Trusty issuing separate statements.