FCC Adopts Order Streamlining Its Foreign Ownership Review Policies

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Last week, the FCC adopted an Order to streamline its policies with respect to foreign ownership of common carrier radio station licensees (i.e., entities that provide fixed or mobile telecommunications service over networks that use radio frequencies) and certain aeronautical radio station licensees. The Commission stated that it did so, among other reasons, to provide more predictability, to ensure transparency of its foreign ownership requirements under Section 310(b)(4) of the Communications Act, and to facilitate capital investments from new sources. The Commission estimated that the reforms could reduce the number of Section 310(b) annual filings by up to 70 percent.

The modified rules will take effect 30 days after a summary of the Second Report and Order1 adopting the rules is published in the Federal Register. The Commission did not change the terms and conditions of foreign ownership rulings issued prior to the new rules’ effective date, but will permit licensees that have received a prior foreign ownership ruling to file a new petition for declaratory ruling to take advantage of the new rules. This can be done through a stand-alone petition, or as part of an application for a new license or for consent to a transfer of control or an assignment of an existing license.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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