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1 1 (January 11, 2023)

handle is hein.crs/govekek0001 and id is 1 raw text is: Congressional ______ Sa Research Servi e New FCC Rules Ban Authorizations for Equipment Posing National Security Risks January 11, 2023 On November 25, 2022, the Federal Communications Commission (FCC) released new rules restricting equipment that poses national security risks from being imported to or sold in the United States. Under the new rules, the FCC will not issue new authorizations for telecommunications equipment produced by Huawei Technologies Company (Huawei) and ZTE Corporation (ZTE), the two largest telecommunications equipment manufacturers in the People's Republic of China (PRC). The FCC also will not authorize equipment produced by three PRC-based surveillance camera manufacturers-Hytera Communications (Hytera), Hangzhou Hikvision Digital Technology (Hikvision), and Dahua Technology (Dahua)-until the FCC approves these entities' plans to ensure that their equipment is not marketed or sold for public safety purposes, government facilities, critical infrastructure, or other national security purposes. The FCC did not, however, revoke any of its prior authorizations for these companies' equipment, although it sought comments on whether it should do so in the future. These new rules are the latest action in the federal government's broader effort to secure U.S. communications networks and prohibit the use of equipment that could give a foreign adversary the ability to exploit those networks. This Sidebar starts by providing a brief background on past steps taken by the federal government, particularly the FCC, to protect communications networks from national security risk. The Sidebar then reviews the FCC's role in authorizing equipment and explains how the new rules fit into that authorization process. The Sidebar then discusses potential legal challenges to the new rules and concludes with some considerations for Congress. Prior Efforts to Protect U.S. Communications Networks from Foreign Adversaries As explained in another CRS Report, the federal government has taken several steps in recent years to secure U.S. communications networks from potential exploitation by foreign adversaries. For example, in Section 889 of the National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Congress restricted Executive Branch agencies from procuring systems that use Huawei, ZTE, Hytera, Hikvision, or Dahua equipment or services and from contracting with companies that use their equipment or services. The Department of Commerce has also set up a process for reviewing, and potentially Congressional Research Service https://crsreports.congress.gov LSB10895 CRS Legal Sidebar Prepared for Members and Committees of Congress

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