§  1.50002   Covered List.

   (a) Publication of the Covered List. The Public Safety and Homeland
   Security Bureau shall publish the Covered List on the Commission's
   website and shall maintain and update the Covered List in accordance
   with § 1.50003.

   (b) Inclusion on the Covered List. The Public Safety and Homeland
   Security Bureau shall place on the Covered List any communications
   equipment or service that:

   (1) Is produced or provided by any entity if, based exclusively on the
   following determinations, such equipment or service poses an
   unacceptable risk to the national security of the United States or the
   security and safety of United States persons:

   (i) A specific determination made by any executive branch interagency
   body with appropriate national security expertise, including the
   Federal Acquisition Security Council established under section 1222(a)
   of title 41, United States Code;

   (ii) A specific determination made by the Department of Commerce
   pursuant to Executive Order No. 13873 (3 CFR, 2019 Comp., p 317);
   relating to securing the information and communications technology and
   services supply chain);

   (iii) Equipment or service being covered telecommunications equipment
   or services, as defined in section 889(f)(3) of the John S. McCain
   National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
   115-232; 132 Stat. 1918); or

   (iv) A specific determination made by an appropriate national security
   agency;

   (2) And is capable of:

   (i) Routing or redirecting user data traffic or permitting visibility
   into any user data or packets that such equipment or service transmits
   or otherwise handles;

   (ii) Causing the networks of a provider of advanced communications
   services to be disrupted remotely; or

   (iii) Otherwise posing an unacceptable risk to the national security of
   the United States or the security and safety of United States persons.