Foreign-Affiliated Entities: In the Matter of Market Entry and Regulation

Résumé

The Federal Communications Commission is proposing to modify its approach to determining the public interest in cases where a foreign carrier [[Page 11645]] or its affiliate applies for authority under Section 214 of the Communications Act to enter the U.S. market to provide international facilities-based services. In reviewing such applications, the Commission proposes to examine whether effective market access is available, or will soon be available, to U.S. carriers in the primary markets of the foreign carrier seeking entry. This would be an important element of the Commission's public interest determination. In addition, the Commission requests comment on whether it should modify certain aspects of its regulation of U.S. international carriers. It also clarifies and requests comment on its definition of an international facilities-based carrier. Finally, the Commission asks whether it should incorporate the proposed effective market access test as an important element of the Section 310(b)(4) public interest analysis it applies to foreign entities seeking to acquire an indirect ownership interest in U.S. radio licenses. The proposals contained in the Notice are intended to est