National security is paramount to US telecommunications connectivity. The responsibility for safeguarding US national security falls on the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector—commonly referred to as Team Telecom (or simply, the Committee)—which is comprised of representatives from the Departments of Justice, Homeland Security, and War. The Committee rigorously conducts a national security review of certain applications referred by the Federal Communications Commission (FCC) involving international, common carrier wireless, and submarine cable landing licenses.
If the Committee identifies concerns about the company, it will impose a mitigation agreement that the company must accept as a non-negotiable condition of its license. Mitigation agreements can be in the form of National Security Agreements, which are stringent and countersigned by Team Telecom, or Letters of Agreement. Conditions for each mitigation agreement depend on the specific FCC license. While mitigation agreements have differences, certain conditions are found in many mitigation agreements recently issued and enforced by the Committee. These include conditions on (i) principal equipment, (ii) service providers, and (iii) foreign access.
This story is part of a paid subscription. Please subscribe for immediate access.
ABOUT THE AUTHOR
Andrew Lipman practices in many areas of communications law and related fields, including regulatory, transactional, litigation, legislative, and land use law. His clients in the private and public sectors include those in the areas of local, long-distance, and international telephone common carriage; Internet services and technologies; conventional and emerging wireless services; satellite services; broadcasting; competitive video services; telecommunications equipment manufacturing; and other high-technology applications. Additionally, Lipman manages the privatization of telecommunications carriers in Europe, Asia, and Latin America.
Leetal Weiss advises telecommunications and technology clients on regulatory, compliance, corporate, and litigation matters before the Federal Communications Commission and State Public Utility Commissions. Prior to joining Morgan Lewis, she participated in Georgetown Law’s Communications and Technology Clinic, where she actively advised clients on various matters.
