What it does The majority held that the FCC’s authority to issue § 214 certificates includes implied incidental authority to revoke them, even though the statute does not expressly use “revoke.” Applying de novo review after Loper Bright Enterprises v. Raimondo, the court found no statutory or structural indication that Congress withheld that authority. It also upheld the FCC’s determination that revocation was supported by national-security concerns arising from CUA’s ultimate Chinese government ownership and, independently, by CUA’s lack of candor and trustworthiness.

Who it affects The decision directly affects CUA, a California corporation ultimately owned through China Unicom entities by the Chinese government, and confirms the FCC’s ability to reassess and revoke § 214 authorizations held by foreign-owned telecommunications carriers. It also addresses the role of Executive Branch national-security assessments and the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector.

Why it matters The opinion validates a significant FCC tool for addressing national-security and law-enforcement risks in telecommunications without requiring a finding of rule violations or a formal administrative-law-judge hearing. Judge Bea dissented, concluding that the FCC lacked authority to revoke the certificates solely on its own initiative.

Key dates and numbers

• FCC show-cause order: April 24, 2020.
• FCC institution order: March 19, 2021; CUA filed the missing transfer-of-control notice on September 8, 2021.
• FCC revocation order: February 2022; services were to discontinue within 60 days.
• Opinion filed: December 24, 2024; petition for review denied.