FCC sets deadlines for comment on proposed foreign ownership rule changes

The Federal Communications Commission has set deadlines for filing comments and reply comments on a notice of proposed rulemaking to codify foreign ownership requirements and streamline its review processes under Section 310(b) of the Communications Act of 1934.

Following publication of a summary of the NPRM in the Federal Register on June 23 2025, initial comments must be filed by July 23 2025, with reply comments due by August 22 2025.

The proposal would formalize existing policies on identifying the controlling U.S. parent of a licensee, treating deemed voting interests for minority foreign investors, clarifying trust and trustee disclosures, and extending self-reporting and remedial procedures to privately held entities.

The commission did not propose changing the statutory 25 percent cap on foreign ownership of broadcast stations .

In a separate proceeding (GN Docket No. 25-166) released May 22, FCC Chairman Brendan Carr said the commission is “taking quick and early action to promote America’s national security,” citing a vote to close a loophole in the equipment authorization process and aligning the effort “with the age-old adage that sunlight is the best disinfectant.”

He warned that foreign adversaries such as China use multiple vectors, at the device level through risks posed by Huawei and ZTE, at the carrier level by seeking authorizations for China Mobile and China Telecom, and across networks via hacks and cyber intrusions, to exploit vulnerabilities in U.S. communications infrastructure.

Carr said that while the FCC collects foreign ownership data, “there are gaps in our information collection” around identifying which entities are controlled by foreign adversaries.

He endorsed publishing “a list of every entity with an FCC authorization or license that has sufficiently concerning ties back to a foreign adversary,” praised bipartisan bills in the House and Senate requiring such transparency, and said the NPRM seeks comment on gathering the information needed to support that initiative.

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Key definitions in the NPRM include “controlling U.S. parent,” the U.S.-organized entity that wields direct or indirect control over the licensee, and “deemed voting interest,” a metric for attributing certain voting rights to foreign minority investors. The NPRM would codify existing practice, allowing petitioners to seek advance approval for noncontrolling interests up to 49.99 percent even if they hold a deemed 50 percent or greater voting interest, while clarifying that a deemed interest alone does not constitute de jure or de facto control.

To improve transparency and reduce follow-up inquiries, the NPRM would require petitioners to identify trusts, trustees and any entity or individual, U.S. or foreign, with ten percent or more direct or indirect interests in the controlling parent. 

The NPRM also proposes to codify that any amendments to a petition for declaratory ruling be filed as complete restatements, clarify that a foreign investor’s U.S. residency is not a factor in public interest analyses, streamline Media Bureau processing of broadcast applications during remedial reviews, and seek comment on assessing foreign ownership of noncommercial educational and low-power FM stations.

Parties may file comments and reply comments via the FCC’s Electronic Comment-Filing System by July 23 and August 22, 2025, respectively.