FCC Asks About National Security Rules in Light of NDAA

The FCC Wireline Bureau sought comment Friday on the implications of a provision in the FY 2019 National Defense Authorization Act that would bar use of money in any USF program to buy equipment or services from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain. The FCC had been expected to deepen its inquiry in light of the NDAA (see 1810190025). The bureau asks specifically about Section 889(b)(1), which bars federal agencies from using “loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems” with Huawei, ZTE and other Chinese companies. “Does the prohibition in section 889(b)(1) apply to support provided by the … USF?” the bureau asks. “To the extent the provision is intended to apply to USF, what obligation might it impose upon the Commission? Would the Commission’s proposed rule in the Protecting Against National Security Threats to the Communications Supply Chain NPRM satisfy the intent of section 889(b)(1)?” Comments are due Nov. 16 in docket 18-89, replies Dec. 7.