national security threats 2021

There are 19 licensees. correspondence The Commission seeks comment on the scope of the authority to rely on such rules to effectuate other public interest responsibilities, including the Commission's section 303(e) authority to “[r]egulate the kind of apparatus to be used with respect to its external effects.” 47 U.S.C. the American people. However, it is expected that many of these stations could be impacted by our proposed rules. We also seek comment on whether and under what circumstances we should revoke any existing authorizations of such “covered” communications equipment. . For this industry, U.S. Census Bureau data for 2012 show that there were 967 firms that operated for the entire year. The Commission uses competitive bidding to determine which among multiple applicants with mutually exclusive applications for a license may file a full application for the license. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the Commission has prepared this present Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in this Notice of Proposed Rule Making (Notice). Federal agencies buy drones from company Defense Department says poses 'potential threats to national security' by Mike Brest | September 23, 2021 12:51 PM U.S. Census Bureau data show that 751 firms in this category operated in that year. Finally, the small entity described as a “small governmental jurisdiction” is defined generally as “governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.” 5 U.S.C. Examples of such manufacturing include fire detection and alarm systems manufacturing, Intercom systems and equipment manufacturing, and signals (e.g., highway, pedestrian, railway, traffic) manufacturing. For this industry, U.S. Census Bureau data for 2012 show that there were 967 firms that operated for the entire year. Next, the type of small entity described as a “small organization” is generally “any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.” 5 U.S.C. 47 CFR 2.964. See Equipment Authorization of RF Devices, Docket No. Washington, D.C. — U.S. How much additional burden, if any, would these requirements place on applicants as compared to the current level of effort needed to prepare an equipment certification application? The ODNI is a senior-level agency that provides oversight Discussion. The proceeding this NPRM initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules, 47 CFR 1.1200 et seq. Every nation faces threats. Obligation to Respond: Required to obtain or retain benefits. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. COVID-19 is a nontraditional threat—an amorphous, evolving, and invisible "adversary" that proliferates without intention, bargaining or goals. The Commission notes that if it revoked an existing equipment authorization, the marketing of that equipment would be prohibited pursuant to part 2 subpart I, per section 2.803(b), and import and marketing would be prohibited pursuant to part 2 subpart K, per sections 2.1201(a) and 2.1204(a). These actors are increasingly exploiting online forums to influence and spread violent extremist narratives and promote violent activity. Found insideEveryone interested in foreign policy should read this book."--Jeremi Suri, author of The Impossible Presidency "Leffler is a magnificent historian and Safeguarding Democratic Capitalism shows why. As noted above, most devices that are generally exempt from the Commission's equipment authorization requirements typically have such low RF emissions that they present virtually no potential for causing harmful interference to the authorized radio services. Those proposed actions do not, however, address whether the Commission could or should revoke any existing equipment authorizations of such “covered” communications equipment, and if so, the processes for doing so. September 21, 2021. (Licensing numbers change on a daily basis. Huawei Designation Order, 35 FCC Rcd at 6609, paras. “Public Safety and Homeland Security Bureau Announces Publication of the List of Equipment and Services Covered by Section 2 of the Secure Networks Act,” WC Docket No. The Commission tentatively concludes that sections 2.939(a)(1) and (2) would apply to “covered” equipment, such that the Commission has authority to revoke any existing equipment authorizations that may have been granted under false statements or representations (including non-disclosure) concerning whether an equipment authorization application that was subsequently granted had in fact included “covered” equipment (in whole or as a component part). Should the Commission also require that the applicant for certification of equipment include a party and/or an agent for service of process that must be located in the United States? documents in the last year, 57 For complete information about, and access to, our official publications Postal Service mail. What challenges would an applicant have in satisfying such a certification, given potential uncertainties regarding the ultimate origin of financial support? electronic version on GPO’s govinfo.gov. The appropriate size standard under SBA rules is that such a business is small if it has 1,500 or fewer employees. That is not to say that all equipment produced or provided by these entities currently subject to the SDoC process would be prohibited; as the Commission discussed above, under the current rules, responsible parties always have the option of seeking equipment authorization through the Commission's equipment certification procedures. Weakness invites . PSHSB will continue to update that list as appropriate. 3. In one recent case, a Huawei customer was able to substantially outbid a rival new entrant in a spectrum auction—thereby denying entry to a new competitor that was planning on using trustworthy equipment in its 5G build-out. Request by Fax: Please send employment verification requests to documents in the last year, 1067 This table of contents is a navigational tool, processed from the The OFR/GPO partnership is committed to presenting accurate and reliable The Real Threat to Pakistan's National Security - Part 1. 21-233, FCC 21-73, “Protecting Against National Security Threats to the Communications Supply Chain through the Equipment Authorization Program.” Among other proposed rules intended to secure our nation's telecommunications networks, the Commission proposes to amend the 47 CFR part 2 rules related to equipment authorization to prohibit the authorization of communications equipment if the Commission determines that such equipment or service poses an unacceptable risk to the national security of the United States or the security and safety of United States persons. 47 CFR 1.50002(b)(1)(i)-(iv). 1601-1609) (Secure Networks Act). Yesterday's Threats, Evolved. BMF), “CSV Files by Region,” https://www.irs.gov/​charities-non-profits/​exempt-organizations-business-master-file-extract-eo-bmf. The authority citation for part 2 continues to read as follows: Authority: In addition, it seeks comment on whether the Commission should revoke equipment authorizations of “covered” equipment, and if so under what conditions and procedures. This would enable the Commission to revoke any equipment authorizations that are granted after adoption of the rules proposed in this NPRM, even if the TCBs or the Commission had not acted to set aside the grant within the 30-day period following the posting of the grant on the Equipment Authorization System (EAS) database. Should the applicant have an ongoing duty during the pendency of the application to monitor the list of covered equipment and provide notice to the TCB or the Commission if, subsequent to the initial filing of the application or at the time a grant of certification, the equipment or a component part had become newly listed as “covered” equipment in an updated Covered List? While the proposed prohibition would be reflected in the Commission's rules and the engagement with TCBs in ensuring compliance, the Commission also seeks comment on any other types of action or activity (e.g., outreach and education) that would be helpful to ensure that all parties potentially affected by these changes understand the changes and will comply the prohibition associated with “covered” equipment. Pursuant to section 503(b)(5) of the Act, the Commission must issue citations against non-regulatees for violations of FCC rules before proposing any monetary penalties. Under what circumstances should the Commission revoke an existing authorization? This compliance statement would need to be sufficiently complete to require a responsible party to exercise necessary diligence with respect to the equipment that it is subjecting to the SDoC process that will ensure that it is attesting, in clear terms, that the equipment (or any component part thereof) is not produced or provided by any entity that has produced or provided “covered” equipment on the Covered List. 18-20 (when Commission investigation determined device was a radio frequency jammer, “substantial and material questions exist as to whether the application should have been granted”), see also J Communications Co., Ltd., 19 FCC Rcd 10643, 10645, para. " The government's increasing inability to control the flow of . Need for, and Objectives of, the Proposed Rules, C. Small Businesses, Small Organizations, and Small Governmental Jurisdictions, D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities, E. Steps Taken To Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered, F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules, PART 2—FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS, https://www.federalregister.gov/d/2021-16085, MODS: Government Publishing Office metadata, https://www.fcc.gov/​document/​fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy, https://www.fcc.gov/​document/​equipment-authorization-and-competitive-bidding-supply-chain-nprm, https://www.fcc.gov/​general/​privacy-act-information#pia, https://www.fcc.gov/​supplychain/​coveredlist, https://www.fcc.gov/​sites/​default/​files/​public_​enforcement_​overview.pdf, https://www.wsj.com/​articles/​state-support-helped-fuel-huaweis-global-rise-11577280736, https://www.americanprogress.org/​issues/​security/​reports/​2020/​10/​14/​491476/​solution-huawei-challenge/​, https://cdn.advocacy.sba.gov/​wp-content/​uploads/​2019/​09/​23172859/​Whats-New-With-Small-Business-2019.pdf, https://www.irs.gov/​charities-non-profits/​exempt-organizations-business-master-file-extract-eo-bmf, https://www.census.gov/​data/​tables/​2017/​econ/​gus/​2017-governments.html, https://www.census.gov/​cgi-bin/​sssd/​naics/​naicsrch?​input=​517410&​search=​2017+​NAICS+​Search&​search=​2017, https://data.census.gov/​cedsci/​table?​text=​EC1251SSSZ4&​n=​517410&​tid=​ECNSIZE2012.EC1251SSSZ4&​hidePreview=​false&​vintage=​2012, https://www.census.gov/​naics/​?input=​517919&​year=​2017&​details=​517919, https://data.census.gov/​cedsci/​table?​text=​EC1251SSSZ4&​n=​517919&​tid=​ECNSIZE2012.EC1251SSSZ4&​hidePreview=​false, https://www.census.gov/​naics/​?input=​517312&​year=​2017&​details=​517312, https://data.census.gov/​cedsci/​table?​text=​EC1251SSSZ5&​n=​517210&​tid=​ECNSIZE2012.EC1251SSSZ5&​hidePreview=​false&​vintage=​2012, https://apps.fcc.gov/​edocs_​public/​attachmatch/​DOC-301823A1.pdf, https://www.census.gov/​naics/​?input=​517311&​year=​2017&​details=​517311, https://data.census.gov/​cedsci/​table?​text=​EC1251SSSZ5&​n=​517110&​tid=​ECNSIZE2012.EC1251SSSZ5&​hidePreview=​false, https://www.census.gov/​naics/​?input=​334220&​year=​2017&​details=​334220, https://data.census.gov/​cedsci/​table?​text=​EC1231SG2&​n=​334220&​tid=​ECNSIZE2012.EC1231SG2&​, https://data.census.gov/​cedsci/​table?​text=​EC1251SSSZ4&​n=​515112&​tid=​ECNSIZE2012.EC1251SSSZ4&​hidePreview=​false, https://data.census.gov/​cedsci/​table?​text=​EC1251SSSZ4&​n=​515120&​tid=​ECNSIZE2012.EC1251SSSZ4&​hidePreview=​false, https://www.census.gov/​cgi-bin/​sssd/​naics/​naicsrch?​input=​334290&​search=​2017+​NAICS+​Search&​search=​2017, https://data.census.gov/​cedsci/​table?​text=​EC1231SG2&​n=​334290&​tid=​ECNSIZE2012.EC1231SG2&​hidePreview=​false&​vintage=​2012. Section 2.1033 discusses information that must be included in the application. . 312. 2021-16085 Filed 8-18-21; 8:45 am], updated on 4:15 PM on Friday, September 24, 2021, 15 documents The Commission invites comment on Start Printed Page 46650appropriate means for OET to include updates of the “covered” equipment in an expeditious fashion in ways that best ensure that applicants, TCBs, and other interested parties will comply with the prohibitions concerning this updated identification of “covered” equipment. Thus, using available data, we estimate that the majority of Wireless Carriers and Service Providers can be considered small. If so, what would that be? Number of Respondents and Responses: 11,305 respondents; 24,873 responses. Alternatively, does the “public interest” phrase in section 302 itself provide independent authority to deny equipment authorization to equipment deemed to pose an unacceptable security risk? Section 2.939(b) requires that revocation of an equipment authorization must be made in the “same manner as revocation of radio Start Printed Page 46655station licenses,” and thus presumably would include the requirement that the Commission serve the grantee/responsible party with an order to show cause why revocation should not be issued and must provide that party with an opportunity for a hearing. . It also supports the Government to shape future policy in this area, in line with the National Cyber Security Strategy 2016-2021. 303(e). See 13 CFR 121.201, NAICS Code 515120. Currently, devices that are exempt from the equipment authorization requirement are not subject to FCC testing, filing, or record retention requirements. 552(b)(4) and FCC rules under 47 CFR 0.457(d) is granted for trade secrets which may be submitted as attachments to the application FCC Form 731. See U.S. Census Bureau, 2012 Economic Census of the United States, Table ID: EC1251SSSZ5, Information: Subject Series: Estab and Firm Size: Employment Size of Firms for the U.S.: 2012, NAICS Code 517210, Start Printed Page 46658 Federal Register. Should the certification be expanded to include an identified set of related entities, e.g., entities subject to control by an entity designated by the Commission? Of this total, 955 firms had employment of 999 or fewer employees and 12 had employment of 1000 employees or more. What modifications or clarifications are needed to this proposed language to ensure that the rule is clear as to its scope and effect and attains results commensurate with its purpose to protect national security? 312(c). See 47 CFR 15.5. Questions or comments about oversight of the Intelligence Community? If the radio frequency equipment is modified by any party other than the grantee and that party is not working under the authorization of the grantee pursuant to § 2.929(b), the party performing the modification is responsible for compliance of the product with the applicable administrative and technical provisions in this chapter. DHS will continue to identify and evaluate calls for violence, including online activity associated with the spread of disinformation, conspiracy theories, and false narratives, by known or suspected threat actors and provide updated information, as necessary. 2021 Annual Threat Assessment of the U.S. Intelligence Community . that agencies use to create their documents. See U.S. Census Bureau, 2017 NAICS Definitions, “334290 Other Communications Equipment Manufacturing,” https://www.census.gov/​cgi-bin/​sssd/​naics/​naicsrch?​input=​334290&​search=​2017+​NAICS+​Search&​search=​2017. In the event the Commission were to adopt rules barring new equipment authorizations for equipment on the Covered List, it tentatively concludes that such a change should constitute a change to the Commission's technical standards that could warrant withdrawal of equipment authorizations that are contrary to these new rules. The Commission does not require PLMR licensees to disclose information about number of employees, and does not have information that could be used to determine how many PLMR licensees constitute small entities under this definition. https://data.census.gov/​cedsci/​table?​text=​EC1251SSSZ5&​n=​517210&​tid=​ECNSIZE2012.EC1251SSSZ5&​hidePreview=​false&​vintage=​2012. Are there alternative approaches that would achieve this goal in a more cost-effective manner? The Commission's current rules provide two different approval procedures for equipment authorization—Certification of equipment and Supplier's Declaration of Conformity (SDoC). Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. The Commission is reporting program changes, increases to this information collection. Should the Commission revise or clarify the existing requirements to enable the Commission to revoke authorizations of this “covered” equipment given that it already has been determined that the equipment poses an unacceptable risk? Office of the Intelligence Community Inspector General. (The Commission's Public Safety and Homeland Security Bureau maintains the list at https://www.fcc.gov/​supplychain/​coveredlist). "The greatness of America has been challenged, and it has been tested, and Joe Biden is […] 62. Author Profile: Syed Aseem Ul Islam is PhD candidate at the University of Michigan, Ann Arbor, USA, specializing in adaptive and model-predictive flight control systems. The actions that the Commission proposes above would serve to prohibit any prospective authorization of “covered” communications equipment on the Covered List as posing an unacceptable risk to national security. Are there any situations that might merit immediate compliance with the new equipment restrictions? (These statistics are based on a review of the Universal Licensing System on September 22, 2015). 08/18/2021 at 8:45 am. The Commission proposes to adopt a new provision, 47 CFR 2.903, as part of the “General Provisions” of subpart J, to provide general guidance regarding the prohibition on equipment authorizations with respect to communications equipment on the Covered List. . Applicants are required to file with an FCC-recognized Telecommunication Certification Body (TCB) applications containing specified information.
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