WASHINGTON – Today, Senate Intelligence Committee Vice Chairman Mark R. Warner (D-VA) and Chairman Marco Rubio (R-FL) led a bipartisan group of Senators in urging the Federal Communications Commission (FCC) to encourage the adoption of OpenRAN and other open and interoperable standards solutions by affected carriers as it works to implement the Secure and Trusted Communications Networks Act, legislation championed by Sen. Warner and passed earlier this year. 

In a letter, the Senators urged FCC Chairman Ajit Pai to include OpenRAN and OpenRAN solutions on the list of suggested replacements for physical and virtual communications equipment, application and management software, and services. This inclusion would allow affected carriers to adopt these alternative solutions as they dispose of risky communications equipment, as outlined in the Secure and Trusted Communications Networks Act. In addition to Sens. Warner and Rubio, this letter was signed by Sens. Margaret Wood Hassan (D-NH), John Cornyn (R-TX), Robert Menendez (D-NJ), Richard Burr (R-NC), Michael F. Bennet (D-CO), Tom Cotton (R-AR) and Angus S. King (I-ME).

“The inclusion of OpenRAN solutions on the list of suggested replacements could produce benefits beyond the immediate goal of securing American communications networks. Such equipment is interoperable, uses open interfaces, is not reliant on a single equipment vendor, and is easily upgradeable to new applications and uses, including 5G OpenRAN, without the need to continually replace proprietary equipment or conduct additional tower climbs,” the Senators wrote. “Moreover, this equipment will help spur innovation and create more competition and diversity in the supply chain. It is prudent that we take full advantage of this moment to prevent similar concerns from arising in the future.”

The Secure and Trusted Communications Networks Act was modeled on legislation Sen. Warner first cosponsored to protect American communications networks from threats presented by foreign suppliers like Huawei and ZTE. Specifically, it offers relief to reimburse smaller telecommunications providers – largely in rural areas – by reimbursing them for the costs of removing and replacing untrusted foreign equipment which presents risks to U.S. national security.

In their letter, the Senators also requested that the FCC aid in securing communications networks as expeditiously as possible by clarifying that carriers can begin replacing equipment right away, rather than needing to wait for the Secure and Trusted Communications Networks Act be fully implemented and funded. 

A copy of the letter can be downloaded here and text is available below. 

Dear Chairman Pai:

As the Federal Communications Commission (FCC) continues to implement the Secure and Trusted Communications Networks Act (the “Act”), we write to urge you to include OpenRAN and other solutions that adhere to open and interoperable standards (“OpenRAN solutions”) on “the list of suggested replacements of both physical and virtual communications equipment, application and management software, and services” that the Act requires the FCC to develop. As you know, the Act directs that the list shall be technology neutral. An explicit assurance to impacted carriers that they may select OpenRAN solutions to replace covered equipment would support other potential benefits, including easing subsequent updates to “future proof” networks. This guarantee may also stretch federal dollars further, as OpenRAN offers the possibility of cost savings. 

Further, to aid in securing communications networks as expeditiously as possible, the FCC should make clear that equipment and services on the list of suggested replacements, including OpenRAN solutions, will be eligible for reimbursement as prescribed in the Act. The FCC should also clarify to carriers that they need not wait for the Act to be fully implemented and funded to begin the replacement process to be eligible for reimbursement if using suggested replacement equipment and services.  

The inclusion of OpenRAN solutions on the list of suggested replacements could produce benefits beyond the immediate goal of securing American communications networks. Such equipment is interoperable, uses open interfaces, is not reliant on a single equipment vendor, and is easily upgradeable to new applications and uses, including 5G OpenRAN, without the need to continually replace proprietary equipment or conduct additional tower climbs. Moreover, this equipment will help spur innovation and create more competition and diversity in the supply chain. It is prudent that we take full advantage of this moment to prevent similar concerns from arising in the future.

Accordingly, we request the FCC to explicitly allow reimbursement of affected carriers for purchases of OpenRAN solutions to replace covered equipment in their networks. We applaud the FCC’s recent Forum on 5G Open Radio Access Networks and laud your work to highlight the importance of OpenRAN solutions. Thank you for your attention to this important matter, and we look forward to our continued work.

Sincerely, 

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