47 C.F.R. § 1.40001

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

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(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) The Commission will generally exclude from referral to the executive branch certain applications set out in paragraph (a)(1) of this section when the applicant makes a specific showing in its application that it meets one or more of the following categories:

(i) Pro forma notifications and applications;

(ii) Applications filed pursuant to §§ 1.767 and 63.18 and 63.24 of this chapter if the applicant has reportable foreign ownership and petitions filed pursuant to §§ 1.5000 through 1.5004 where the only reportable foreign ownership is through wholly owned intermediate holding companies and the ultimate ownership and control is held by U.S. citizens or entities;

(iii) Applications filed pursuant to §§ 63.18 and 63.24 of this chapter where the applicant has an existing international section 214 authorization that is conditioned on compliance with an agreement with an executive branch agency concerning national security and/or law enforcement, there are no new reportable foreign owners of the applicant since the effective date of the agreement, and the applicant agrees to continue to comply with the terms of that agreement; and

(iv) Applications filed pursuant to §§ 63.18 and 63.24 of this chapter where the applicant was reviewed by the executive branch within 18 months of the filing of the application and the executive branch had not previously requested that the Commission condition the applicant's international section 214 authorization on compliance with an agreement with an executive branch agency concerning national security and/or law enforcement and there are no new reportable foreign owners of the applicant since that review.

(3) In circumstances where the Commission, in its discretion, refers to the executive branch an application, petition, or other filing not identified in this paragraph (a)(3) or determines to refer an application or petition identified in paragraph (a)(2) of this section, the Commission staff will instruct the applicant, petitioner, or filer to follow the requirements for a referred application or petition set out in this subpart, including submitting responses to the standard questions to the Committee and making the appropriate certifications.

(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).

[85 FR 76383, Nov. 27, 2020, as amended at 85 FR 76385, Nov. 27, 2020]

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2015–2024 · leading case: Montgomery Cnty. v. Fed. Commc'ns Comm'n, 811 F.3d 121 (4th Cir. 2015).

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Montgomery Cnty. v. Fed. Commc'ns Comm'n, 811 F.3d 121 (4th Cir. 2015). · cites it 6× “These rules are codified at 47 C.F.R. § 1.40001 . The Order begins by noting the underlying Congressional concern that municipal permit review processes were hindering efforts to expand wireless networks.”

Portland Cellular P'ship v. Inhabitants of the Town of Cape Elizabeth, 139 F. Supp. 3d 479 (D. Me. 2015). · cites it 9× “47 C.F.R. § 1.40001 (b)(1) (2015). The regulations provide additional criteria associated with the definition of a “base station” which are the focal.”

Extenet Sys., Inc. v. Vill. of Pelham, 377 F. Supp. 3d 217 (S.D. Ill. 2019). “The parties refer to 47 C.F.R. § 1.40001 ; the FCC regulation implementing Section 6409 has since been moved to 47 C.”

League of California Cities v. FCC, 118 F.4th 995 (9th Cir. 2024). “6100 was originally numbered as 47 C.F.R. § 1.40001 . See Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, 83 Fed.”

Hinga Mbogo, Hinga's Auto. Co., & 3516 Ross Avenue, Dallas, Texas v. City of Dallas, & Michael S. Rawlings, in His Off. Capacity as Mayor of the City of Dallas, Texas (Tex. 2018). · cites it 3× “A modification substantially changes the physical dimensions if it meets the criteria listed in 47 C.F.R. §1.40001 (b)(7), as amended. (3) Accessory structure for a nonconforming residential use.”

CNSP v. City of Santa Fe (10th Cir. 2018). · cites it 2× “§1455 , as implemented by 47 C.F.R. §1.40001 (c)(4) (stating if a local government fails to approve or deny a request for approval within the applicable timeframe, “the request shall be deemed granted”).”

Bd. of Cnty. Commissioners for Douglas Cnty., Colorado v. Crown Castle USA, Inc. (D. Colo. 2019). “) 4 The parties’ briefing cites these regulations as 47 C.F.R. § 1.40001 , which was later re-designated as 47 C.”

Bd. of Cnty. Commissioners for Douglas Cnty., Colorado v. Crown Castle USA, Inc. (D. Colo. 2020). “) 5 The parties’ briefing cites these regulations as 47 C.F.R. § 1.40001 , which was later re-designated as 47 C.”

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