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FCC Tees Up Rules to Tighten National Security on Subsea Cables

(Bloomberg) -- The Federal Communications Commission voted unanimously on Thursday to launch a “major, comprehensive review” and update of rules governing submarine cables amid an increase in potential nation-state-sponsored attacks on the critical infrastructure. 

FCC Chair Jessica Rosenworcel said the review of the systems responsible for facilitating the flow of global internet traffic is long overdue. The agency previously granted cable landing licenses for 25 years “without requiring any update about who owns and controls the facility.” 

The last review was in 2001 and the technology, economics and national security environment surrounding the systems have changed tremendously since then, according to the FCC. There are currently 84 FCC-licensed cable systems.  

“That is a quarter of a century during which information about foreign investment and interconnection essential for the secure flow of data traffic is not updated. That is too long,” Rosenworcel said. 

There have been several high-profile instances of subsea cable disruptions recently, including Taiwan’s accusation that two Chinese vessels severed cables providing internet access to the Matsu Islands. Earlier this year, three cables serving Europe and Asia were severed amid Houthi attacks in the Red Sea, and Baltic Sea cables serving Germany, Sweden, Estonia, Lithuania, and Finland also experienced tampering multiple times including as recently as this week.  

“While the details of these incidents remain in dispute, what is clear is that these facilities — with locations that are openly published to prevent damage — are becoming a target,” Rosenworcel said. “Add to this vulnerabilities that come from trawling anchors, aquatic life, and climate disturbances and it is clear we need to do more to protect these facilities.”

The FCC said it’s specifically seeking public comment on how it can make its subsea cable rules more efficient while ensuring the security of the critical infrastructure. It proposes that subsea cable operators check in with the commission every three years and is considering whether the 25-year license term should be shortened. 

The agency is debating whether it should collect more information on the companies seeking subsea cable licenses, including taking a closer look at their “ownership, control and use of a subsea cable system.” 

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