October 20, 2021
Legislation Regarding Telecommunications Supply Chains And Domestic Production Advances In The House Of Representatives: Several pieces of legislation that would address the U.S. information and communications technology (“ICT”) supply chain passed the U.S. House of Representatives on
October 20, 2021.
The Secure Equipment Act of 2021 (the “SE Act”): The SE Act would require the Federal Communications Commission (“FCC”) to adopt a rule currently being considered by the agency that would prohibit authorizations for equipment produced by entities that are determined by the FCC to pose an unacceptable risk to the national security of the United States under Section 2 of the Secure and Trusted Communications Networks Act of 2019. The current list of entities and equipment that are listed under this provision is available here. The comment period for the FCC’s rule ended on October 18, 2021.
The Information and Communication Technology Strategy Act (the “ICTS Act”): The ICTS Act would require the Department of Commerce to issue a report within one year of the bill’s enactment that:
- Identifies ICTs that are critical to U.S. economic competitiveness;
- Identifies the industrial capacity and assesses the economic competitiveness of domestic and foreign ICT vendors that are “trusted” and don’t pose national security risks;
- Determines the extent to which identified vendors are dependent on suppliers that pose national security risks; and
- Discusses potential federal actions to support trusted vendors to boost their economic competitiveness and reduce their reliance on suppliers that pose risks.
Within 180 days of issuing the report, the Department of Commerce would be required to submit a “whole-of-government” strategy to Congress with recommendations on the following:
- How to improve federal support of the economic competitiveness of vendors identified in the report;
- How the federal government can address barriers to market-based approaches to improve the competitiveness of vendors identified in the report; and
- How to implement the strategy, including needed changes to laws, additional resources, and the roles of federal agencies.
The Open RAN Outreach Act (the “ORAN Act”): The ORAN Act would task the Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) with conducting outreach and providing technical assistance to small operators of communications networks. The NTIA’s outreach and technical assistance would focus on raising awareness about: (1) the benefits and challenges of using “Open Radio Access Network” or “Open RAN” standards; and (2) a competitive grant program established under the 2021 National Defense Authorization Act that supports the deployment of such open network technologies. The ORAN Act’s sponsor, Congressman Colin Allred, stated that “[w]e must do all we can to strengthen our technology supply chain against any untrusted vendors and this bill helps small carriers do just that.”
The Communications Security, Reliability, and Interoperability Council Act (the “CSRIC Act”): The CSRIC Act would require the FCC to establish a council to advise the FCC on various issues including the security, reliability, and interoperability of communications networks. The council would report to the FCC every two years and would be composed of companies in the communications industry, public interest organizations or academic institutions, and representatives of the federal, state, local, or tribal governments.
In related policy matters, comments may be filed with the Department of Commerce regarding the ICT industrial base and supply chains until November 4, 2021.
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