DOJ Team Telecom China Telecom Reply
The Executive Branch urges the FCC to revoke and terminate China Telecom (Americas) Corporation’s international Section 214 authorizations because the record establishes national-security and law-enforcement risks and the company has not adequately addressed authorization conditions.
What it does This filing responds to China Telecom Americas’ June 8, 2020 response in the FCC’s revocation proceeding. It argues that the Commission has authority to act under a preponderance-of-the-evidence standard, rejects the company’s contention that clear and convincing evidence or an opportunity for further compliance is required, and contends that the record as a whole supports revocation. The response relies on evidence concerning PRC government ownership and control, alleged breaches of a Letter of Assurances, the company’s support for PRC foreign-policy objectives including the Belt and Road Initiative, and foreign-influence efforts conducted through Ogilvy Public Relations. It includes exhibits 126–130 and incorporates the earlier Executive Branch evidentiary record.
Who it affects The immediate subject is China Telecom Americas, formerly China Telecom (USA) Corporation, and its international Section 214 authorizations. The filing is submitted by the Executive Branch agencies participating in the Team Telecom process—Justice, Defense, and Homeland Security—in coordination with Committee Advisors, and asks the FCC to decide the authorization’s continued public-interest status.
Why it matters The response illustrates Team Telecom’s national-security review of foreign-owned telecommunications carriers and the evidentiary theory used to support license revocation. It emphasizes that PRC ownership, corporate control, authorization noncompliance, and law-enforcement concerns may be evaluated together, while also placing company communications and public-relations activity into the Commission’s assessment of the record.
Key dates and numbers
- January 14, 2021: filing date.
- December 10, 2020: FCC order instituting the revocation proceeding; released December 14, 2020.
- April 9, 2020: Executive Branch recommendation to revoke and terminate the authorizations.
- Approximately 70.89%: stated ultimate PRC-government ownership of China Telecom Americas and its parent entities.
- More than 2,700 pages: documentary evidence supporting the recommendation.
- $291,961.21: payments Ogilvy disclosed receiving from China Telecom Americas in July and August 2019.