Page 72 - The CFIUS Book

THE CFIUS BOOK
4.2. Team Telecom Reviews
4.2.1. The Team and its Objectives
Team Telecom is the name for an informal working group of Executive Branch agencies that makes recommendations to the Federal Communications Commission (FCC) on whether or not the FCC should approve applications that propose foreign ownership of certain common carrier, broadcast, and submarine cable licenses. Team Telecom reviews the national security, law enforcement, and trade or foreign policy concerns presented by those applications. Team Telecom’s objectives include the following:
l Protecting government communications
l Preserving government wiretapping and surveillance capabilities l Preventing terrorist acts
l Deterring money laundering and drug trafficking
Unlike a CFIUS review, there is no statutory authority or prescribed timeline governing the Team Telecom review process. Nevertheless, the review framework and procedures have become somewhat standardized over time based on prior and commonly accepted practice.
The FCC has the discretion to approve or deny applications based on a public interest standard and is entitled to take advice it deems necessary to carry out that responsibility, including the discretion to refer applications to Team Telecom before they are released for public notice and comment.94 We take the example of an entity seeking to obtain an international 214 authorization from the FCC. Telecommunications service providers must obtain a Section 214 authorization from the FCC to provide any type of international common carrier telecommunications services to or from the United States. If an international Section 214 application shows an applicant will have ten
EXECUTIVE MEMBERSHIP
CFIUS
Team Telecom
Presidential Determination
X
Treasury Dept. (Chair for CFIUS)
X
Department of Justice
X
X
Federal Bureau of Investigation
X
X
Department of Defense
X
X
Dept. of Homeland Security
X
X
State Department
X
Office of Science and Technology
X
Department of Commerce
X
Department of Energy
X
U.S. Trade Representative
X
Dept. of Labour (ex officio)
X
Dir of National Intelligence (ex officio)
X
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