SB 651

This bill prohibits telecommunications providers from purchasing, renting, leasing, obtaining, or maintaining critical telecommunications infrastructure that includes equipment manufactured by a foreign principal of a foreign adversary or prohibited by the federal government on a list published by the Federal Communications Commission under federal law. The bill also requires telecommunications providers to remove from critical telecommunications infrastructure any existing equipment manufactured by a foreign principal or prohibited by the FCC. In addition, telecommunications providers must annually certify to the Public Service Commission whether they are in compliance with the bill’s requirements. Telecommunications providers who maintain critical telecommunications infrastructure that contains equipment prohibited by the bill must provide to PSC the geographic coordinates of the equipment, the telecommunications service coverage area serviced by the equipment, and a plan for replacing the equipment. PSC must use the reported information to produce a map of this state showing the locations of the prohibited equipment and the telecommunications service coverage areas serviced by the prohibited equipment and must make the map available to the public. PSC must also prepare a report containing the map and submit the report to the governor, speaker of the assembly, president of the senate, and appropriate standing committees of the legislature.

Under the bill, “foreign adversary” means a person determined by the U.S. Department of Commerce to be a foreign adversary of the United States. Those countries currently include China, Cuba, Iran, North Korea, Russia, and Venezuela under the regime of Nicolás Maduro. The bill defines “foreign principal” to mean any of the following:

1. The government or an official of the government of a foreign adversary.

2. An individual who is a citizen of a foreign adversary, is not a lawful permanent resident of the United States, and does not hold a valid, unexpired visa issued by the U.S. Department of State that authorizes the individual to be legally present in this state.

3. A business entity that is organized under the laws of a foreign adversary and that does not have its principal place of business in the United States.

4. An investment fund that is owned or controlled by a foreign adversary or agent of a foreign adversary.

5. An entity that has 50 percent or more of its stock, securities, or other indicia of ownership owned or controlled, directly or indirectly, by a person or combination of persons described in items 1 to 4.

6. An agent of a person described in items 1 to 5.