(a) Foreign adversary presumptive disqualifying condition—(1) Presumptive disqualifying condition. The disqualifying condition will presumptively preclude the grant of an application, as specified in paragraph (a)(2) of this section, filed by any applicant:

(i) That is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, as defined in § 1.70001(g);

(ii) That is identified on the Covered List that the Commission maintains on its website pursuant to the Secure Networks Act, 47 U.S.C. 1601 through 1609; and/or

(iii) Whose authorization, license, or other Commission approval, whether or not related to the operation of a submarine cable, was denied or revoked and/or terminated or is denied or revoked and/or terminated in the future on national security and law enforcement grounds, as well as the current and future affiliates and subsidiaries of any such entity as defined in § 2.903(c) of this chapter.

(2) Applicability. The presumptive disqualifying condition shall apply to the following applications:

(i) Initial application. An initial application for a cable landing license that is filed after November 26, 2025;

(ii) Application filed by licensees whose cable landing license is granted after November 26, 2025. An application for modification, assignment, transfer of control, or renewal or extension of a cable landing license that is filed after November 26, 2025, by a licensee whose initial application for a cable landing license is granted after such date; and

(iii) Application filed by licensees whose cable landing license is granted prior to November 26, 2025. An application for modification, assignment, transfer of control, or renewal or extension of a cable landing license that is filed after November 26, 2025, by a licensee whose cable landing license was or is granted prior to such date and that does not exhibit any of the criteria in paragraphs (a)(1)(i) through (iii) of this section prior to such date.

(3) Presumption. An applicant subject to paragraphs (a)(1) and (2) of this section can overcome the adverse presumption only by establishing through clear and convincing evidence that the applicant does not fall within the scope of the adverse presumption, or that grant of the application would not pose risks to national security or that the national security benefits of granting the application would substantially outweigh any risks.

(b) Foreign adversary cable landing presumptive disqualifying condition—(1) Presumptive disqualifying condition. The disqualifying condition will presumptively preclude the grant of an application, as specified in paragraph (b)(2) of this section, filed by any applicant:

(i) That seeks to land a new submarine cable in a foreign adversary country, as defined in § 1.70001(f).

(ii) That seeks to modify, renew, or extend its cable landing license to add a new landing located in a foreign adversary country, as defined in § 1.70001(f).

(2) Applicability. The presumptive disqualifying condition shall apply to the following applications:

(i) Initial application. An initial application for a cable landing license that is filed after November 26, 2025;

(ii) Application filed by licensees whose cable landing license is granted after November 26, 2025. An application for modification or renewal or extension of a cable landing license that is filed after November 26, 2025, by a licensee whose initial application for a cable landing license is granted after such date; and

(iii) Application filed by licensees whose cable landing license is granted prior to November 26, 2025. An application for modification or renewal or extension of a cable landing license that is filed after November 26, 2025, by a licensee whose cable landing license was or is granted prior to such date.

(3) Presumption. An applicant subject to paragraphs (b)(1) and (2) of this section can overcome the adverse presumption only by establishing through clear and convincing evidence that the applicant does not fall within the scope of the adverse presumption, or that grant of the application would not pose risks to national security or that the national security benefits of granting the application would substantially outweigh any risks.