On May 1, 2026, the FCC released the Notice of Proposed Rulemaking (“NPRM”) seeking comment on excluding entities identified on the Covered List from providing domestic interstate telecommunications services pursuant to blanket authority under section 214, and other related measures. The item was adopted at the April Open Meeting and subsequently published in the Federal Register, thereby setting comment dates. Specifically, the draft NPRM seeks comment on the following:
- Excluding Covered List Entities from Blanket Domestic 214 Authority – The FCC proposes to “exclude, on a prospective basis, any entities identified on the Covered List (that is, named entities and their current and future affiliates and subsidiaries and any entity included by reference therein) from being authorized to provide interstate telecommunications services pursuant to blanket domestic section 214 authority.” Under this proposed exclusion, Covered List entities would be prohibited from: (i) “constructing, acquiring, or operating any line, or engaging in transmission over any lines pursuant to blanket authority under section 214”; and (ii) being the “proposed transferee/assignee of an existing authorization.” Related to this proposal, the FCC seeks comment on:
- Adopting an Application for Domestic 214 Authorization for Excluded Entities: The FCC seeks comment on whether it should adopt an application process to allow an excluded entity to seek affirmative Commission approval for domestic section 214 authority. The FCC proposes that such applications may be referred to Team Telecom for review and input.
- Expanding the Exclusion: The FCC asks whether the proposed exclusion should be expanded to “other entities” including “entities ‘owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary’ as defined in section 1.70001(g).”
- Other Protections: The FCC seeks comment on other protections, including “excluding from blanket domestic section 214 authority any entity that installs”: (i) “any covered communications equipment or service after the adoption of this rule”; or (ii) “communications equipment or services produced or provided by entities ‘owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary’ as defined in section 1.70001(g).”
- Revoking Existing Blanket Domestic 214 Authority – The FCC seeks comment on the appropriate process to revoke the domestic 214 authorizations of Covered List entities that provide domestic 214 services as of the effective date of the rule. Specifically, the FCC asks whether it should adopt streamlined revocation procedures or declare such domestic 214 authorizations are revoked as of a date certain.
- Prohibiting Interconnection with Excluded Entities – The FCC seeks comment on whether it should prohibit telecommunications carriers from interconnecting with entities that are excluded from holding blanket domestic 214 authority (absent having been affirmatively granted authorization by the Commission) or those entities that have had their blanket domestic 214 authority revoked.
- Other Issues – The FCC seeks comment on its legal authority to adopt these proposals and the costs and benefits of its proposals.
The following notable changes were made from the draft item:
- The FCC included a description of the Executive Branch review process for international section 214 applications. (¶ 8)
- With respect to its proposals to prohibit telecommunications carriers from interconnecting with entities that have had their 214 authority revoked, the FCC added questions seeking comment on: (i) whether to waive any such prohibitions for specific points of presence (“PoPs”); (ii) whether to delegate authority to the Wireline Competition Bureau to waive the prohibition with respect to certain PoPs; (iii) the FCC’s authority to adopt such proposals; and (iv) how narrowly the FCC should apply any such prohibition (e.g., should it be limited to certain transactions). (¶ 14-16)
- The FCC added two paragraphs requesting comment on whether it should revise its Part 15 unlicensed wireless rules to restrict or exclude Covered List entities from providing communications services using FCC-authorized Radio Frequency (“RF”) equipment without prior Commission review, and whether additional measures are needed to protect U.S. communications networks from national security threats. (¶¶ 17-18)
- The FCC added two paragraphs seeking comment on the scope of its authority under Title III and other provisions of the Communications Act to exclude certain entities from providing unlicensed wireless services or interconnecting with licensees, including whether such entities present unique interference or national security risks and whether such measures would further U.S. control over radio transmissions, national defense, and the safety of life and property. (¶¶ 21-22)
- The FCC added a general request for comment into the costs and benefits of the proposals in the NPRM, including those seeking comment on whether to revise the FCC’s Part 15 rules. (¶ 23)
Comments are due June 8, 2026.
Reply comments are due July 7, 2026.
Please Contact Us if you have any questions.