NTIA to call for streamlined FCC submarine cable rules
NTIA urges the FCC to streamline submarine cable rules, keep the 25-year license, and improve agency coordination to protect security and investment.
The US National Telecommunications and Information Administration (NTIA) has issued a series of policy recommendations in response to the Federal Communications Commission’s (FCC) proposed rule changes concerning submarine cable security. First, the NTIA urges the FCC to avoid imposing redundant licensing and reporting requirements that are already addressed through existing interagency mechanisms, particularly those managed by the Committee for the Assessment of Foreign Participation in the US Telecommunications Services Sector.
It recommends that the FCC rely on existing security review processes, streamline reporting obligations, and adopt a more efficient certification model, such as allowing ‘no-change’ certifications for licensees when no material updates have occurred since the previous review. The NTIA also strongly advises against shortening the current 25-year license term for submarine cables.
Reducing it to 15 years would not only create regulatory uncertainty but could also harm investment incentives and deter long-term infrastructure development in the US. The agency further warns that increasing the frequency and scope of periodic reviews, such as the FCC’s proposal for a three-year reporting requirement, could place a significant compliance burden on US firms without providing proportional national security benefits.
In terms of regulatory language, the NTIA recommends that the FCC use more legally precise terms, suggesting ‘areas beyond the limits of national jurisdiction’ instead of ‘international waters,’ in alignment with the UN Convention on the Law of the Sea. Additionally, NTIA calls for a whole-of-government approach to the oversight of submarine cables, encouraging better coordination between the FCC, Team Telecom, and other executive branch agencies.
NTIA’s recommendations aim to protect national security without hindering innovation or growth. Acting as a key link between government and industry, it supports streamlined, consensus-based policies that enhance security while encouraging investment.
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