Building on a Fast Start

We just marked the First 100 days here at the FCC. And the agency is off to a fast start. From unleashing new high-speed builds to promoting U.S. leadership in wireless, from cracking down on those annoying robocalls to targeting outdated regulations. I want to express my thanks and appreciation once again to the FCC’s dedicated and talented staff. They have been hard at work delivering efficient and great results. It is an honor to work alongside you all.

For the Commission’s May open meeting, we are going to build on progress the FCC has been making in two areas in particular: national security and spectrum.

From Chairman Pai to Chairwoman Rosenworcel, the FCC has worked on a bipartisan basis to address the threats that foreign adversaries pose to America’s networks. This month, we will be building on those efforts by voting on two national security items.

First up, the Commission will vote on an order that would adopt new rules for our equipment authorization process. Here are the specifics. Before any electronic devices (like smartphones or computers or baby monitors) can be imported or sold in the U.S., they must be tested at a lab to ensure compliance with FCC regulations. Those FCC regulations address a lot of technical issues, including the power levels and frequencies that the devices operate on. But the FCC’s equipment authorization regulations also address national security issues. 

Specifically, the FCC’s equipment authorization regulations prohibit certain devices on the FCC’s Covered List, including new models of Huawei and ZTE gear, from being approved for use in the U.S. But there’s a potential loophole in the process. While the FCC now includes national security checks in our equipment authorization process, we have not had rules on the books that require the test labs conducting those reviews to be trustworthy actors. Indeed, the FCC had allowed Huawei to operate its own test lab up until we took action last year. Trusting a Huawei lab to certify that it is not approving prohibited Huawei gear does not sound like a smart bet.

So we’re taking action to address this type of risk. The order would adopt a rule that prohibits test labs from participating in the FCC’s equipment authorization process if they are owned, controlled, or directed by entities that pose national security risks. This restriction will apply to foreign adversary governments, like China. The Commission will also seek comment in a further notice on ways to boost our capacity to test and certify imported electronics here in the U.S. After all, the FCC estimates that today roughly 75% of all electronics are tested in labs located inside China. Reshoring America’s testing capacity would be a good thing. 

Our action to prohibit “Bad Labs” brings us to the second national security item on next month’s docket. While the FCC has long collected foreign ownership information about entities it regulates, there are gaps in our information collection. Specifically, the FCC does not have a uniform approach for identifying foreign adversaries that may hold an interest in an FCC license or authorization. We are not the only ones that think this is a problem. Indeed, just this week, the House passed a bipartisan bill from Representatives Stefanik, Wittman, and Khanna and Senators Fischer and Rosen that would require the FCC to obtain and publish this information. So we are already getting started. 

Specifically, the notice on next month’s agenda seeks comment on obtaining the information necessary for the FCC to publish a list of regulated entities that are subject to the control of a foreign adversary. 

Bolstering our national security also means seizing additional opportunities for U.S. leadership in wireless—including spectrum that can further boost America’s space economy. And that brings us to the third and final item on our May agenda.

The FCC will vote on a proposal that could open up more than 1,000 megahertz of spectrum for satellite broadband across two bands: 12.7 GHz and 42 GHz. The notice will seek comment on various ways that the agency could promote more intensive use of these bands for high-speed Internet delivered from space.

I’m pleased with all the progress we’ve made over the past 100 days. As our May agenda indicates, I have no intention of slowing down our work to improve the lives of the American people. Or to borrow Al Pacino’s famous line, we’re just getting warmed up.