“个人数据与域外国家安全审查初探”系列文章的核心要旨：一是跟踪、分析域外国家安全相关的法律制度对数据安全，特别是个人数据，流变的立场；二是服务我国企业走出去；三是给国内相关监管制度设计提供借鉴。此前该系列中已经发表的公号文章：

• 个人数据与域外国家安全审查初探（一）：美欧概览

• 个人数据与域外国家安全审查初探（二）：CFIUS实施条例详解

• 个人数据与域外国家安全审查初探（三）：从美国《确保ICT技术与服务供应链安全》 

• 个人数据与域外国家安全审查初探（四）：从美国《2019年安全与可信通信网络法案》看

• 个人数据与域外国家安全审查初探（五）：禁止中国公司对StayNTouch的收购

• 个人数据与域外国家安全审查初探（六）：《2019国家安全和个人数据保护法案》

• 个人数据与域外国家安全审查初探（七）：美国众议院荒唐的决议草案

• 个人数据与域外国家安全审查初探（八）：《2020安全的5G和未来通信》法案

• 美国司法部狙击中国内幕（Inside DOJ's nationwide effort to take on China）

结合上述系列文章中关于电信行的立法，以及近期美国总统特朗普签署行政令成立“美国电信服务行业外国参与评估委员会”，美国司法部建议美国联邦通信委员会取消中国电信已获得的214牌照等行动，公号君开始撰写新的系列文章：

• 美国电信行业涉及外国参与的安全审查（一）：基本制度介绍
  

今天是第二篇，介绍美国《通信法》设立的第214节授权中的国际授权。

§63.18   Contents of applications for international common carriers.

Except as otherwise provided in this part, any party seeking authority pursuant to Section 214 of the Communications Act of 1934, as amended, to construct a new line, or acquire or operate any line, or engage in transmission over or by means of such additional line for the provision of common carrier communications services between the United States, its territories or possessions, and a foreign point shall request such authority by formal application.

(10) COMMON CARRIER.--The term ''common carrier'' or ''carrier'' means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this Act; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.

(e) One or more of the following statements, as pertinent:

(1) Global facilities-based authority. If applying for authority to become a facilities-based international common carrier subject to §63.22 of this part, the applicant shall......

(2) Global Resale Authority. If applying for authority to resell the international services of authorized common carriers subject to §63.23, the applicant shall......

(3) Other authorizations. If applying for authority to acquire facilities or to provide services not covered by paragraphs (e)(1) and (e)(2) of this section, the applicant shall provide a description of the facilities and services for which it seeks authorization......

Facilities-based carrier means a carrier that holds an ownership, indefeasible-right-of-user, or leasehold interest in bare capacity in the U.S. end of an international facility, regardless of whether the underlying facility is a common carrier or non-common carrier submarine cable or a satellite system.

§63.22   Facilities-based international common carriers.

The following conditions apply to authorized facilities-based international carriers:

(a) A carrier authorized under §63.18(e)(1) may provide international facilities-based services to international points for which it qualifies for non-dominant regulation as set forth in §63.10, except in the following circumstance: If the carrier is, or is affiliated with, a foreign carrier in a destination market and the Commission has not determined that the foreign carrier lacks market power in the destination market (see §63.10(a)), the carrier shall not provide service on that route unless it has received specific authority to do so under §63.18(e)(3).

(b) The carrier may provide service using half-circuits on any U.S. common carrier and non-common carrier facilities that do not appear on an exclusion list published by the Commission. Carriers may also use any necessary non-U.S.-licensed facilities, including any submarine cable systems, that do not appear on the exclusion list. Carriers may not use U.S. earth stations to access non-U.S.-licensed satellite systems unless the Commission has specifically approved the use of those satellites and so indicates on the exclusion list. The exclusion list is available from the International Bureau's World Wide Web site at http://www.fcc.gov/ib.

(c) Specific authority under §63.18(e)(3) is required for the carrier to provide service using any facilities listed on the exclusion list, to provide service between the United States and any country on the exclusion list, or to construct, acquire, or operate lines in any new major common carrier facility project.

(d) The carrier may provide international basic switched, private line, data, television and business services.

......

§63.23   Resale-based international common carriers.

The following conditions apply to carriers authorized to resell the international services of other authorized carriers:

(a) A carrier authorized under §63.18(e)(2) may provide resold international services to international points for which the applicant qualifies for non-dominant regulation as set forth in §63.10, except that the carrier may not provide either of the following services unless it has received specific authority to do so under §63.18(e)(3):

(1) Resold switched services to a non-WTO Member country where the applicant is, or is affiliated with, a foreign carrier; and

(2) Switched or private line services over resold private lines to a destination market where the applicant is, or is affiliated with, a foreign carrier and the Commission has not determined that the foreign carrier lacks market power in the destination market (see §63.10(a)).

(b) The carrier may not resell the international services of an affiliated carrier regulated as dominant on the route to be served unless it has received specific authority to do so under §63.18(e)(3).

(c) Subject to the limitations specified in paragraph (b) of this section and in §63.17(b), the carrier may provide service by reselling the international services of any other authorized U.S. common carrier or foreign carrier, or by entering into a roaming or other arrangement with a foreign carrier, for the provision of international basic switched, private line, data, television and business services to all international points.

(d) The carrier may provide switched basic services over its authorized resold private lines in either of the following two circumstances: