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INCOMPAS filed reply comments with the FCC advising the agency to refine its proposed submarine cable regulations to focus on national security risks while avoiding duplicative licensing requirements that could delay critical subsea infrastructure deployment.
“The Commission’s initial Order struck an appropriate balance by adopting measures that directly address security concerns identified by Executive Branch agencies without imposing unnecessary regulatory burdens. However, the proposals in the Further Notice of Proposed Rulemaking reach too far. We need clear, bright-line rules tied to clearly identified risks, not blanket licensing regimes that replicate existing frameworks and create layers of administrative red tape without any added security benefit,” said Taylor Abshire, INCOMPAS Attorney and Policy Advisor.
INCOMPAS argues that the Commission lacks statutory authority under the Cable Landing License Act to impose licensing requirements on submarine line terminal equipment (SLTE) owners and operators, recommending instead a notification regime if additional oversight is deemed necessary.
“To maintain U.S. leadership in the global digital economy, the FCC should adopt its proposal to exempt certain submarine cable applications from referral to the Executive Branch where applicants meet specified character qualifications and certify compliance with defined security and operational conditions,” Abshire continued. This approach reflects a measured and pragmatic reform that preserves national security review where warranted, while avoiding unnecessary referrals in cases that present no heightened risk.
“Protecting this critical infrastructure is a shared priority, however the path forward must be paved with transparency and certainty. By adopting these recommendations, the Commission can foster a more resilient subsea ecosystem through clear, targeted rules rather than layered licensing requirements. We look forward to working with the Commission to get this framework right,” Abshire concluded.
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