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Give Clear Guidance for Team Telecom Dealings, Stakeholders Urge FCC

Stakeholders sought clear FCC guidance to Team Telecom, in comments posted through Friday in docket 16-155. In April, the FCC ordered a docket refresh on an 2016 NPRM (see 2004270017), after President Donald Trump issued an executive order formalizing the…

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review process and setting up an executive branch committee (see 2004060071). The FCC should work with that committee to develop standardized questions along industry-specific lines "to promote transparency, certainty and prompt review of applications involving foreign ownership," NAB said. "Standard questions will reduce transaction costs to applicants and speed review at a time when access to capital is critical." T-Mobile warned if the FCC doesn't impose more certainty, problems associated with former interagency reviews "could continue forward with the new committee, potentially discouraging U.S. companies from accessing foreign capital or putting those that do at a competitive disadvantage," it said. "Make clear that only applications involving new or materially changed foreign ownership will be referred to this new Committee for review. The Commission should also establish mechanisms and deadlines around the commencement of the shot clock and broader review process to safeguard against extensive delay." International providers including GlobeNet Cabos Submarinos America and Hawaiki Submarine Cable USA asked for "predictable timeframes for Committee review of all Commission applications, particularly submarine cable landing license applications," and to "establish standard questions for the Committee’s initial review, and accelerate the process for entities in U.S. ally countries." The committee's first recommendation to FCC involved undersea cables (see 2006170055). Uncertainty and lack of transparency in the Team Telecom review process likely "delayed and deterred domestic and foreign investment in cables landing in the United States, and in the long run could contribute to decisions to land international submarine cables" in Canada or Mexico, Incompas said. Clarity and certainty has long been lacking in transaction reviews, CTA said. "Their assurance has become even more urgent in the current environment, in which the range and degree of national security threats have increased dramatically, potentially resulting in a greater number of transactions and applications requiring review."