Overview

On January 8, 2026, the Federal Communications Commission (FCC) announced a landmark settlement with the Marlink, a satellite and ground station operator, marking the first-ever enforcement of a Team Telecom national security mitigation agreement. Initiated after a referral from the Department of Justice’s National Security Division (DOJ), the investigation revealed that Marlink violated the terms of its 2022 mitigation agreement. Specifically, Marlink allowed certain non-US employees to access sensitive US communication infrastructure and customer information without seeking the required approval from DOJ. The FCC’s investigation attributed these violations to an “inadequate screening procedure,” noting that at least 186 non-US employees were not appropriately vetted as required. In a consent decree, Marlink agreed to pay $175,000 and implement a compliance plan to prevent future unauthorized access.

Why it matters

While the current Administration is often associated with a light touch regulatory approach, this enforcement action demonstrates that it will pursue robust regulatory enforcement when a clear national security nexus exists. By imposing on Marlink both a financial penalty and a mandatory compliance plan, the FCC and Team Telecom signaled that regulatory commitments involving critical communication infrastructure and access to sensitive customer data are binding and non-negotiable. Companies operating under such agreements should view their obligations under Team Telecom national security mitigation agreements as enforceable commitments and ensure their internal compliance procedures are thoroughly resourced.

Additional Background

Team Telecom, technically titled the Committee for the Assessment of Foreign Participation in the US Telecommunications Service Sector and formalized by Executive Order 13913, is a three-member interagency committee chaired by the Department of Justice that reviews certain FCC applications and licenses for national security and law-enforcement risks. The FCC’s full press release is found here and the consent decree here.

Posted in CFIUS/Foreign Investment/Enforcement, Enforcement
Tags: Committee for the Assessment of Foreign Participation in the US Telecommunications Service Sector, Department of Justice, Enforcement, Federal Communications Commission (FCC), national security, Team Telecom
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Photo of John R. Ingrassia John R. Ingrassia

John is a partner at the Firm, advising on the full range of foreign investment and antitrust matters across industries, including chemicals, pharmaceutical, medical devices, telecommunications, financial services consumer goods and health care. He is the first call clients make in matters relating…

John is a partner at the Firm, advising on the full range of foreign investment and antitrust matters across industries, including chemicals, pharmaceutical, medical devices, telecommunications, financial services consumer goods and health care. He is the first call clients make in matters relating to competition and antitrust, CFIUS or foreign investment issues.

For more than 25 years, John has counselled businesses facing the most challenging antitrust issues and helped them stay out of the crosshairs — whether its distribution, pricing, channel management, mergers, acquisitions, joint ventures, or price gouging compliance.

John’s practice focuses on the analysis and resolution of CFIUS and antitrust issues related to mergers, acquisitions, and joint ventures, and the analysis and assessment of pre-merger CFIUS and HSR notification requirements. He advises clients on issues related to CFIUS national security reviews, and on CFIUS submissions when non-U.S. buyers seek to acquire U.S. businesses that have national security sensitivities.  He also regularly advises clients on international antitrust issues arising in proposed acquisitions and joint ventures, including reportability under the EC Merger Regulation and numerous other foreign merger control regimes.

His knowledge, reputation and extensive experience with the legal, practical, and technical requirements of merger clearance make him a recognized authority on Hart-Scott-Rodino antitrust merger review. John is regularly invited to participate in Federal Trade Commission and bar association meetings and takes on the issues of the day.

Read more about John R. Ingrassia
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Photo of Eric S. Johnson Eric S. Johnson

Eric S. Johnson is a partner in Proskauer’s Corporate Department. Eric’s practice focuses on the regulation of cross-border investment and national security matters. He advises on transactions reviewed by the Committee on Foreign Investment in the United States (CFIUS) and other national security-focused…

Eric S. Johnson is a partner in Proskauer’s Corporate Department. Eric’s practice focuses on the regulation of cross-border investment and national security matters. He advises on transactions reviewed by the Committee on Foreign Investment in the United States (CFIUS) and other national security-focused regulatory regimes, and provides counsel on related compliance and enforcement matters.

Eric has extensive experience reviewing and advising on acquisitions of U.S. businesses, non-controlling investments involving critical technologies and data, and real estate transactions near sensitive government facilities by or involving non-U.S. investors or businesses. Eric’s experience also encompasses significant exposure and engagement with the U.S. government’s national security cross-border investment policy objectives and priorities.

Prior to joining Proskauer, Eric served as the Principal Deputy Chief for the Foreign Investment Review Section at the U.S. Department of Justice’s (DOJ) National Security Division, where he supervised the DOJ’s work involving CFIUS, Team Telecom, telecommunication infrastructure and technology supply chains, and the Data Security Program (28 CFR Part 202).

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