STATEMENT OF
CHAIRMAN TOM WHEELER
Re: Process Reform for Executive Branch Review of Certain FCC Applications and Petitions 
Involving Foreign Ownership, IB Docket No. 16-155.
One of my first acts as Chairman was to launch a comprehensive review of the agency’s 
operations, with a goal of streamlining processes and modernizing outdated rules.  This review generated 
more than 154 recommendations to improve the way we do business, which have sparked reforms that 
have dramatically reduced backlogs and accelerated processes across the agency.  One of the 154 areas 
identified for reform was the Commission’s coordination with Executive Branch agencies when 
reviewing applications that involved foreign ownership. Thanks to effective collaboration with other 
agencies, the Commission is acting today to streamline this process, too.
When making a determination as to whether or not an application meets the public interest 
standard, applicants that are foreign-owned can raise unique issues.  In such cases, the Commission has 
long sought input from the expert Executive Branch agencies on whether the proposed foreign investment 
raises national security, law enforcement, foreign policy, or trade policy concerns.  
This process is necessary, but it’s also flawed.  We have received complaints from applicants that 
it’s too hard to find information about the status of applications and that the review process takes too 
long. I agree.
Completing review of an application referred for Executive Branch review takes, on average, 250 
days. Now consider that 250 days ago Kevin McCarthy was expected to become the next speaker of the 
House; Ben Carson was surging toward the top of the primary polls; and an Alabama Crimson Tide loss 
had people saying the Nick Saban dynasty was over. 
We need to do better than 250 days.  That’s why, for the last two years, the Commission has been 
working with the Executive Branch and industry on ways to improve the process.  We have identified 
obvious flaws that could be improved.  For example, the national security and law enforcement agencies 
currently ask applicants a broad set of initial questions after the application is filed to help identify any 
national security and law enforcement concerns. Our review indicates that the analysis could move much 
faster if the relevant information is provided at the start of the process. 
Last month, NTIA submitted a letter to the Commission outlining ideas from the Executive 
Branch agencies on how to improve coordination.  We then issued a Public Notice seeking comment on 
the letter, and today we launch a rulemaking to implement many of NTIA’s recommendations, and some 
additional ones of our own. 
In particular, today’s NPRM proposes to make certain questions publicly available on our website 
and require that applicants, with reportable foreign ownership, file answers to questions on ownership, 
network operations, and related matters at the time of filing the application to increase transparency and 
speed up the process.  We propose having applicants certify to certain mitigation provisions at the time of 
filing the application, which also will expedite review.  For instance, if such a certification process had 
been in place last year, this would have eliminated the need for over 50% of the mitigation agreements 
negotiated that year. 
Going beyond NTIA’s recommendations and consistent with responses to our Public Notice, this 
item proposes to establish a 90-day time frame for Executive Branch review with an additional one-time 
90-day extension for circumstances where the Executive Branch requires additional time, provided the 
2Executive Branch demonstrates that issues of complexity warrant an extension and provides a status 
update every 30 days. Adopting reasonable time frames for completion of Executive Branch referrals will 
add certainty to the process.
Should the proposals be adopted, the process will be more predictable and transparent, which will 
work better for the Commission, for the Executive Branch, for the applicants, and, most important, ensure 
that new infrastructure and services offerings are made available faster to consumers. 
Thank you to the International Bureau for their work on this item.  I appreciate especially the 
interest Commissioner O’Rielly has taken in streamlining this process, and I look forward to working 
with him, the other Commissioners and with the relevant agencies to advance the goal of a faster, more 
transparent process.