FCC broadens rulemaking on undersea cables

FCC broadens rulemaking on undersea cables

The Federal Communications Commission (FCC) recently announced that it would begin a broad rulemaking process on undersea

cables for the first time in over two decades, citing the need to modernize both for national

security and the rapidly changing technology of undersea cables that crisscross the globe.

“Even as undersea cable systems have evolved technologically and economically, our

regulatory framework has not kept pace,” FCC Chair Jessica Rosenworcel said in the statement regarding recent FCC announcements.

An FCC vote is expected on Nov. 21 to update the rules to protect undersea cables that now carry more than 95% of international internet traffic.

Undersea cable infrastructure has been in the bipartisan limelight for several weeks now. Last

month, eight U.S. senators, led by Republican Todd Young and Democrat Chris Murphy , signed a bipartisan letter formally calling on the Biden administration to examine possible critical vulnerabilities in

the global undersea cable network. This review would give the most importance to the threats

from foreign powers, primarily Russia and China. The senators emphasized the protection of

these cables against any espionage or sabotage attempts, given China’s growing influence in

laying and repairing cables.

Undersea cables are the backbone of modern connectivity, comprising over 400 subsea lines

carrying an estimated 99% of the world’s data. In light of this, senators asked the administration for a more extensive strategy to guarantee the security of American and allied infrastructures.

That call to action reflects longstanding concerns about China’s role in managing network traffic

and the potential for surveillance. For years, the U.S. has actively prevented Chinese entities

from landing subsea contracts in strategic regions and barred cables from landing directly

between the U.S. and mainland China or Hong Kong, citing perceptions of these links as

possible gateways for espionage.

Recent actions by the FCC underscore the urgency of securing the Internet’s infrastructure.

Since 2020, the FCC has blocked four major undersea cable projects that would have

connected the U.S. to Hong Kong because of national security concerns. This past April, the

FCC also ordered U.S. affiliates of three major Chinese telecommunications companies,

including China Telecom, China Unicom and China Mobile, to stop their broadband operations

in the United States. In June, the FCC advanced a plan to grant additional authority to police

online data security after suspicions that data had been intercepted due to concerns that the

Chinese carrier had misrouted traffic.

The FCC’s forthcoming review is part of a broader U.S. effort to balance technological

advancements against national security. As reliance on digital networks becomes more

indispensable in the post-pandemic world, protecting the integrity of global internet infrastructure

has emerged as a declared strategic priority of the United States. The FCC’s review may result

in new safeguards and regulatory measures that address the existing security vulnerabilities

while anticipating future risks from evolving technologies and foreign influences. This shift in the

new regulation reflects an overdue recognition that while out of sight, undersea cables are very

much part of what binds national and international communications together. As the FCC

prepares for its November vote, it will have to make some decisions that may set the future course on how these cables will be managed, secured and used in an increasingly contested

geopolitical environment.