Proposed Rule2021-12385
Wireline Competition Bureau Seeks Comment on Secure and Trusted Communications Networks Reimbursement Program Application Filings and Process
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 14, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireline Competition Bureau (Bureau) seeks comment on the proposed application filing process for the $1.9 billion Secure and Trusted Communications Networks Reimbursement Program (Reimbursement Program). The Bureau also seeks comment on proposed information fields to be collected on forms eligible providers of advanced communications services will be required to submit to request funding allocations and disbursements from the Reimbursement Program.
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<title>Federal Register, Volume 86 Issue 112 (Monday, June 14, 2021)</title>
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[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Proposed Rules]
[Pages 31464-31468]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12385]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Chapter 1
[WC Docket No. 18-89; DA 21-607; FR ID 31200]
Wireline Competition Bureau Seeks Comment on Secure and Trusted
Communications Networks Reimbursement Program Application Filings and
Process
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; request for comments.
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SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
seeks comment on the proposed application filing process for the $1.9
billion Secure and Trusted Communications Networks Reimbursement
Program (Reimbursement Program). The Bureau also seeks comment on
proposed information fields to be collected on forms eligible providers
of advanced communications services will be required to submit to
request funding allocations and disbursements from the Reimbursement
Program.
DATES: Comments due by June 23, 2021.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, interested parties may submit comments, identified by WC Docket
No. 20-89, and must be addressed to the Commission's Secretary, Office
of the Secretary, Federal Communications Commission by any of the
following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by commercial overnight courier or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
<bullet> U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings at
its headquarters. This is a temporary measure taken to help protect the
health and safety of individuals, and to mitigate the transmission of
COVID-19. See FCC Announces Closure of FCC Headquarters Open Window and
Change in Hand-Delivery Policy, Public Notice, DA 20-304 (March 19,
2020), <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
<bullet> People with Disabilities: To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#9ef8fdfdabaeaadef8fdfdb0f9f1e8"><span class="__cf_email__" data-cfemail="3d5b5e5e080d097d5b5e5e135a524b">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Christopher Koves, Wireline
Competition Bureau, 202-418-7400 or by emailing <a href="/cdn-cgi/l/email-protection#c9babcb9b9a5b0aaa1a8a0a789afaaaae7aea6bf"><span class="__cf_email__" data-cfemail="b8cbcdc8c8d4c1dbd0d9d1d6f8dedbdb96dfd7ce">[email protected]</span></a>.
The Commission ask that requests for accommodations be made as soon as
possible in order to allow the agency to satisfy such requests whenever
possible. Send an email to <a href="/cdn-cgi/l/email-protection#fa9c9999cfcaceba9c9999d49d958c"><span class="__cf_email__" data-cfemail="bfd9dcdc8a8f8bffd9dcdc91d8d0c9">[email protected]</span></a> or call the Consumer and
Governmental Affairs Bureau at (202) 418-0530. For additional
information on this matter, please email <a href="/cdn-cgi/l/email-protection#780b0d080814011b10191116381e1b1b561f170e"><span class="__cf_email__" data-cfemail="99eaece9e9f5e0faf1f8f0f7d9fffafab7fef6ef">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
document (Public Notice), in WC Docket No. 18-89; DA 21-607, released
May 24, 2021. Due to the COVID-19 pandemic, the Commission's
headquarters will be closed to the general public until further notice.
The full text of this document is available at the following internet
address: <a href="https://www.fcc.gov/document/wcb-seeks-comment-supply-chain-reimbursement-program-procedures">https://www.fcc.gov/document/wcb-seeks-comment-supply-chain-reimbursement-program-procedures</a>.
I. Introduction
1. By the Public Notice, the Wireline Competition Bureau (Bureau)
provides additional details and seeks comments on the proposed
application filing process for the Reimbursement Program. The Bureau
also seeks comments on proposed information fields to be collected on
forms eligible providers of advanced communications services will be
required to submit to request funding allocations and disbursements
from the Reimbursement Program.
II. Discussion
2. FCC Form 5640--Application Request for Funding Allocation and
Reimbursement Claim Requests. The Commission describes the proposed
approach to process and review application requests for funding
allocations submitted by applicants and reimbursement claim requests
submitted by participants. The Commission proposes to issue
[[Page 31465]]
Reimbursement Program funding allocations to eligible providers based
on the estimated costs identified in their application for the removal,
replacement, and disposal of eligible covered communications equipment
and services. The Commission also proposes to periodically release
public notices announcing grants of funding allocations. As provided by
the Commission's rules, once an allocation is granted recipients can
then request and receive funding disbursements by filing a
Reimbursement Claim Request showing actual expenses incurred. Further,
per the Commission's rules, Reimbursement Program recipients must file
an initial Reimbursement Claim Request within one year after the grant
of a funding allocation. Recipients also have one year from the first
disbursement of funds to complete the permanent removal, replacement,
and disposal of covered communications equipment or services. While
there are additional filings associated with the Reimbursement Program,
for example, status updates, spending reports, extension requests, and
a final certification of project completion, the Public Notice focuses
on the Application Request for Funding Allocation and the Reimbursement
Claim Request. After reviewing the comments received in response to the
Public Notice, the Commission will release a final public notice
announcing the filing requirements and the information to be reported
in these filings.
3. Application Request for Funding Allocation. The Bureau is
developing an online portal through which applicants and recipients
would electronically submit all filings related to the Reimbursement
Program, including the Application Request for Funding Allocation. The
Bureau also proposes to utilize a version of the previously developed
Reimbursement Fund Administration System (RFAS) to process requests and
coordinate interactions between program participants, the Fund
Administrator (Ernst & Young LLP), and the Bureau. Attached to the
Public Notice as Appendix A are the information fields the Bureau
proposes to collect from providers seeking a funding allocation from
the Reimbursement Program through an Application Request for Funding
Allocation including identifying information, program eligibility
information, allocation information, and program analysis information.
The Commission seeks comments on these information fields and ask
whether any of this information should not be required. Are there
additional information fields applicants should be required to provide?
4. As required by the Secure Networks Act and the Commission's
rules, the Application Request for Funding Allocation requires
applicants to submit an initial estimate of costs reasonably incurred
for the permanent removal, replacement, and disposal of covered
communications equipment or services. While the Commission prefers that
applicants submit estimates based on detailed engineering analysis and
vendor quotes, applicants may, per the Commission's rules, rely upon
the predetermined estimated costs identified in the final Catalog made
available by the Bureau. The Bureau plans to subsequently announce the
adoption of the final Catalog in a forthcoming public notice. The final
Catalog will contain a list of many, but not necessarily all, of the
relevant expenses.
5. For purposes of reviewing initial estimated costs, the
Commission proposes to base its evaluation on the average between the
minimum and maximum costs listed in the cost estimate range for a
particular itemized expense listed in the Catalog, rather than allowing
applicants to choose any amount within the cost estimate range. The
Commission believes allowing applicants to select a cost within the
range would inevitably lead to the selection of the maximum amount in
the range and could result in a substantial overestimation of costs
upon which allocations are based, to the detriment of the Reimbursement
Program and other participants. By using the average cost estimate, the
Commission can mitigate this concern as well as reduce the
administrative burden on applicants. However, if an applicant finds a
Catalog cost estimate average does not fully account for its costs or a
cost category is not identified in the Catalog, the applicant, in
accordance with the Commission's rules, can instead provide its own
individualized cost estimate. Applicants providing individualized cost
estimates would be required to submit additional supporting
documentation (e.g., vendor quotes) and certify the cost estimate is
made in good faith, as required by the Commission's rules. The
Commission proposed approach to use the average cost estimate from the
Catalog balances the Commission's goals of protecting against waste,
fraud, and abuse while facilitating the production of estimates of
costs reasonably incurred by applicants. The Commission seeks comments
on these proposals.
6. The Commission further proposes requiring applicants to identify
in their application for each location site: (1) Where covered
communications equipment or services are located (e.g., address,
longitude and latitude, etc.) and documentation supporting the
acquisition/existence of such covered equipment or services; and (2)
the itemized cost estimates, taken from the Catalog where applicable,
that are associated with the removal, replacement, and disposal of
covered equipment or services at each site. The Commission also
proposes allowing applicants to report in their applications non-site
specific cost estimates, that is, network-wide costs that apply to
several site locations such as disposal costs or software upgrades. To
facilitate application preparation and ease the filing burden on
applicants, the Commission will evaluate the use of batch uploads to
allow applicants to provide and generate site-specific information in
the application. The Commission seeks comments on these proposals.
7. Applicants are required to provide certifications pursuant to
section 4(d)(4) of the Secure Networks Act and Sec. 1.50004(c) of the
Commission's rules, 47 CFR 1.50004(c), and a plan and specific timeline
for the removal, replacement, and disposal of the covered
communications equipment or services. Applicants are also required by
the Commission's rules to certify in good faith that: ``(A) it will
reasonably incur the estimated costs claimed as eligible for
reimbursement; (B) it will use all money received from the
Reimbursement Program only for expenses eligible for reimbursement; (C)
it will comply with all policies and procedures relating to
allocations, draw downs, payments, obligations, and expenditures of
money from the Reimbursement Program; (D) it will maintain detailed
records, including receipts, of all costs eligible for reimbursement
actually incurred for a period of 10 years; and (E) it will file all
required documentation for its expenses.''
8. The Commission proposes to require applicants to obtain or
utilize an FCC Registration Number (FRN) issued by the Commission
Registration System (CORES) to access the online filing portal to file
a Reimbursement Program application. An FRN is an identifying number
that is assigned to entities doing business with the Commission. The
Commission also proposes to require applicants to register with the
System for Award Management (SAM) and provide the SAM Commercial and
Government Entity (CAGE) Code in
[[Page 31466]]
their applications. SAM is a government-wide application that collects,
validates, stores, and disseminates business information about the
federal government's contracting partners in support of federal awards,
grants, and electronic payment processes. Registration in the SAM
provides the Commission with an authoritative source for information
necessary to provide funding to applicants and to ensure accurate
reporting pursuant to the Digital Accountability and Transparency
(DATA) Act. The Commission also proposes to require applicants to
provide in their application a Data Universal Numbering System (DUNS)
number or where applicable, the DUNS+4 number, which provides banking
information to assist the Commission in the electronic payment of funds
to program recipients. The Commission seeks comment on these proposals.
9. Filing Window. Per Sec. 1.50004(b) of the Commission's rules,
47 CFR 1.50004(b), the Bureau ``shall announce the opening of an
initial application filing window for eligible providers seeking to
participate in the Reimbursement Program.'' The Bureau is required to
``treat all eligible providers filing an application within any filing
window as if their applications were simultaneously received'' and
``[f]unding requests submitted outside of a filing window will not be
accepted.'' Thus, applications submitted after the filing window closes
are considered untimely and will not be accepted. Once the filing
window opens, the Commission proposes to allow applicants consisting of
multiple subsidiaries or affiliates to choose to file at either the
holding company-level or by individual subsidiary or affiliate. While
the filing window remains open, applicants will be able to initiate,
save, submit, and make changes to submitted applications until the
filing window closes. The Commission seeks comments on these proposals.
10. Reviewing Applications Post-Filing Window Closure. Consistent
with the Secure Networks Act the Commission's rules require the Bureau
to approve or deny ``applications to receive a funding allocation . . .
within 90 days after the close of the applicable filing window.'' The
Commission proposes that during this 90-day period, the Fund
Administrator will review each application to assess whether the
application is complete, the applicant is eligible for the
Reimbursement Program, and the reasonableness of the cost estimates
provided by the applicant. The Commission proposes requiring the Fund
Administrator to identify potentially duplicate and otherwise
erroneously filed applications and to advise the Bureau on its
findings. After considering the Fund Administrator's initial findings,
the Commission proposes having the Bureau next issue a public notice
announcing those applications initially found eligible and accepted for
filing, and those deemed materially deficient. Initial findings that an
application is eligible and accepted for filing would provide no
guarantee that the applicant will ultimately be determined eligible by
the Bureau or will receive a funding allocation or disbursement.
Pursuant to the Commission's rules, applicants that submitted
applications initially deemed materially deficient would then have 15
days to cure their defects before their application is denied. The
Commission proposes beginning the 15-day cure period the day after the
Bureau releases a public notice announcing applications as acceptable
for filing. The Commission seeks comments on these proposals.
11. The Commission also proposes having the Fund Administrator
evaluate the gross cost estimate demand contained in all applications
found acceptable for filing to assist the Bureau in determining whether
estimated demand exceeds available funding. If estimated demand exceeds
available funding, the Commission directed the Bureau to prioritize
funding and application processing in accordance with the Commission's
rules. The Commission anticipates that the Fund Administrator's initial
application evaluation will not involve an in-depth review of the
reported cost estimates in order to more quickly determine the gross
demand figure. The Commission comments on this approach.
12. Per the Commission's rules, the 90-day application review
period commences after the close of the applicable filing window. The
Commission will also have the Fund Administrator advise the Bureau on
whether, based on the number of applications filed during the filing
window, to extend the 90-day deadline for granting or denying
applications, and seek comment on this approach.
13. Funding Allocation. The Bureau proposes to periodically release
public notices announcing recipients selected for funding allocations
and the amount of their funding allocation. The Commission proposes
treating this public notice as official Bureau approval of a
Reimbursement Program application. The Commission also proposes to
notify recipients directly of their funding allocations by email. The
Commission seeks comments on these proposals.
14. As directed by the Commission in the Second Report and Order,
86 FR 2904 (Jan. 13, 2021), ``the funding amount allocated represents
the maximum amount eligible for draw down by an eligible provider
unless a subsequent funding allocation is made.'' Accordingly, once the
Bureau makes a funding allocation determination, the Bureau will not
adjust the funding allocation amount even if there is a change in the
participant's plans or if actual costs exceed estimated costs. To the
extent a participant requires additional funding in excess of its
allocated amount, the participant would need to file a new application
if an additional filing window is announced.
15. Reimbursement Claim Request. The Commission outlines its
proposed approach to process recipients' requests for reimbursement.
Following the approval and issuance of a funding allocation, a
recipient may, as provided by the Commission's rules, file a
Reimbursement Claim Request for the draw down disbursement of funds
from the recipient's funding allocation. Pursuant to the Commission's
rules, a recipient must file an initial Reimbursement Claim Request
within one year following the approval by the Bureau of a funding
allocation. The Bureau proposes to collect the information reflected in
Appendix B of the Public Notice from recipients filing a Reimbursement
Claim Request including identifying information, program eligibility
information, allocation information, and program analysis information.
The Commission seeks comments on the information fields included in the
proposed Reimbursement Claim Request. Is this sufficient information
for applicants to provide? Are there additional information fields the
Commission should include?
16. Pursuant to the Commission's rules, the recipient must show in
the Reimbursement Claim Request ``actual expenses reasonably incurred
for the removal, replacement, and disposal of covered communications
equipment or service.'' Consistent with the Second Report and Order, 86
FR 2904 (Jan. 13, 2021), the Commission proposes requiring recipients'
Reimbursement Claim Requests to include supporting documentation
including invoices and other cost documentation to obtain reimbursement
funds from their allocation. The Commission proposes allowing
recipients to submit multiple Reimbursement Claim Requests as they
incur expenses throughout the reimbursement period. The Commission
[[Page 31467]]
directed the Bureau to ``review reimbursement claims to ensure that
disbursements are made only for costs reasonably incurred.'' The
Commission proposes having the Bureau, with the assistance of the Fund
Administrator, review and grant or deny Reimbursement Claim Requests
for actual costs reasonably incurred and seeks comments on this
approach.
17. The Commission proposes to have the online filing system carry
forward the itemized initial cost estimates identified by the applicant
in its Application Request for Funding Allocation, and that recipients
be required to link actual costs incurred and the supporting invoice
documentation to these itemized initial cost estimates. Recipients will
be required to submit invoices through the online portal as attachments
to a recipient's Reimbursement Claim Request. With each invoice
uploaded, the Commission proposes requiring the recipient to provide
specific details related to the invoice (vendor name, date issued,
description of contents, etc.) to assist reviewers in linking invoices
to specific itemized cost estimates. Also, while not required at the
funding allocation stage for those relying on the Catalog, the
Commission proposes requiring recipients seeking disbursements to
provide vendor and supplier quotes with the Reimbursement Claim
Request. The Fund Administrator will review the quote and the
associated invoice to evaluate the reasonableness of the reimbursement
claim. The Commission anticipates that this will ensure Reimbursement
Program funding is spent as intended and avoid reimbursement for
duplicative costs. The Commission seeks comments on these proposals.
18. Pursuant to the Commission's rules, recipients are required to
file all Reimbursement Claim Requests no later than 120 days following
the expiration of the one-year removal, replacement, and disposal term.
Prior to the expiration of the 120-day deadline, recipients are
permitted to request and will receive an automatic 120-day extension.
Further, as required by the Commission's rules, after the expiration of
the deadline, any allocated but unclaimed funds will revert
automatically to the Reimbursement Program for reallocation to other
participants pursuant to a future filing window. If a petition for an
extension of the removal, replacement, and disposal term is pending
when the term expires, then the Commission proposes staying the
automatic reversion of the unallocated funds until the Commission acts
on the extension request. The Commission seeks comments on this
approach.
19. Amendments, Modifications, and Administrative Updates. Because
a provider's circumstances and plans may change over the course of the
program, the Commission proposes to allow participants to amend,
modify, and/or file administrative updates. The Commission proposes to
subject amendment and modification requests to review by the Fund
Administrator and action by the Bureau. The Commission proposes to
deny, as a general matter, amendment requests to an Application Request
for Funding Allocation that would result in an increase to the total
cost estimate. Denying amendment requests that would increase the total
cost estimate would ensure that fluctuating cost estimates during the
funding allocation review process do not negatively impact the
Commission's ability to assess overall demand versus available funding.
The Commission seeks comments on these proposals.
20. Following the grant of an Application Request for Funding
Allocation, the Commission proposes to allow recipients to submit
modification filings to change itemized expenses and locations
identified on their filings. While such modifications may in fact
change the cost of the project, as directed by the Commission in the
Second Report and Order, 86 FR 2904 (Jan. 13, 2021), the Commission
will not alter the funding allocation issued. The Commission also
proposes allowing participants to file administrative updates for
routine, non-material changes to filings such as changes to the
applicant's contact information (e.g., address, phone number, and
contact name). The Commission proposes enabling the online filing
system to automatically grant administrative updates once filed. The
Commission seeks comments on these proposals.
21. Notification of Changes in Ownership. Because the Reimbursement
Program will be administered over multiple years, the Commission
proposes adapting the online filing system to account for the
possibility that changes in ownership due to mergers and acquisitions
may change the identity of a recipient for which an allocation was
issued and for which disbursement claims are needed and seek comment on
this approach. The Commission does not propose requiring a prior
approval process for such ownership changes for purposes of the
Reimbursement Program. Instead, the Commission will institute a
streamlined process whereby, post-consummation, a notification would be
filed by the recipient of record, that is signed by both parties to the
transaction, and that includes an attachment explaining the ownership
changes. The Bureau, with the assistance of the Fund Administrator,
could then determine how best to reflect these changes in the filing
system to avoid problems associated with determining what allocation
remains unclaimed and how to handle transactions involving the
acquisition of discreet network components. The Commission seeks
comments on these proposals.
22. Public Search Portal and Confidentiality. Consistent with its
rules, the Commission will make publicly available, through an online
search portal, general and summary information submitted by
Reimbursement Program participants. As contemplated by the Second
Report and Order, 86 FR 2904 (Jan. 13, 2021), however, the Commission
will consider presumptively confidential all detailed accounting
information about the covered communications equipment or services
removed, replaced, and disposed, and the replacement equipment or
services purchased, rented, leased, or otherwise obtained using
Reimbursement Program funds, and the Commission plans to withhold such
disaggregated information from routine public inspection. The
Commission will also treat as presumptively confidential and withhold
from public inspection information such as ``location of the equipment
and services; removal or replacement plans that include sensitive
information; the specific type of equipment and service; and any other
provider specific information.'' The Commission found that ``this
information would likely qualify as trade secrets under the [Freedom of
Information Act].''
23. The Commission likewise proposes to treat as presumptively
confidential and withhold from public inspection vendor price quotes
submitted with the Application Request for Funding Allocation and
invoices submitted with the Reimbursement Claim Requests, including
itemized information on expenses actually incurred. The Commission also
proposes to treat as presumptively confidential and withhold from
public inspection the specific timeline for the permanent removal,
replacement, and disposal of covered communications equipment and
services. The Commission proposes allowing filers to upload attachments
to the online portal and categorize whether the attachment is
confidential or public. The
[[Page 31468]]
Commission proposes to withhold from routine public inspection, subject
to the Commission's rules, attachments designated as ``confidential.''
The Commission seeks comments on these proposals.
24. In addition to the approach proposed above, the Commission
seeks comments on the extent to which the Bureau should treat
additional information fields on the Application Request for Funding
Allocation in Appendix A and the Reimbursement Claim Request in
Appendix B as presumptively confidential and not subject to public
disclosure. If so, the Commission invites parties to specify which
information fields should be deemed presumptively confidential and the
legal basis for the presumption.
25. Treasury Offset. The U.S. Department of the Treasury (Treasury)
has a number of collection tools, including the Treasury Offset Program
(TOP), whereby it collects delinquent debts owed to federal agencies
and states by individuals and entities, by offsetting those debts
against federal monies owed to the debtors. Reimbursement Program
participants owing past-due debt to a federal agency or a state may
have all or part of their disbursement payments offset by Treasury to
satisfy such debt. Prior to referral of its debt to Treasury, an entity
is notified of the debt owed, including repayment instructions. If the
referred debt of a Reimbursement Program participant remains
outstanding at the time of a disbursement payment from the
Reimbursement Program to that participant, the participant will be
notified by Treasury that some or all of its payment has been offset to
satisfy an outstanding federal or state debt. Program participants that
owe past due federal or state debts that have been referred to Treasury
are encouraged to resolve such debts prior to submitting their
Application Request for Funding Allocation. The Bureau lacks discretion
to deviate from the requirements of the TOP.
26. Red Light Rule. The Commission proposes to waive the
Commission's ``red light'' rule with respect to applications filed in
the Reimbursement Program and seek comment on this approach. As part of
the collection and disbursement rules associated with the Debt
Collection Improvement Act of 1996, the Commission may withhold action
on applications and requests made by any entity found to be delinquent
in its debt to the Commission until full payment or resolution of such
debt. This is commonly referred to as the Commission's ``red light''
rule. Given the importance of removing communications equipment and
service that poses a national security risk from the Commission
Nation's networks as soon as possible, the Commission finds extremely
unusual circumstances exist to justify waiving the red light rule to
allow Reimbursement Program recipients to receive funding allocations
and disbursements notwithstanding an outstanding delinquency with the
Commission. Any waiver would not affect the Commissions' right or
obligation to collect any debt owed by an applicant by any other means
available to the Commission, including by referral to the Treasury for
collection.
27. Do Not Pay. Before releasing any Reimbursement Program funds to
participants, the Commission proposes the Bureau and/or Fund
Administrator, in coordination with the Commission's Office of Managing
Director (OMD), conduct a thorough review of the federal Do Not Pay
system Database to verify an applicant's eligibility for payments and
awards. Pursuant to the Payment Integrity Information Act of 2019
(PIIA), the Commission is required to review applicable federal
databases to determine eligibility for federal funds to prevent
improper payments. The Treasury's Bureau of the Fiscal Service
administers the Do Not Pay system database. If an applicant is
prohibited from receiving payment of federal funds pursuant to the Do
Not Pay system, the Bureau and/or Fund Administrator will withhold
funding allocations and disbursements from the Reimbursement Program.
The Commission proposes having the Bureau and/or Fund Administrator
offer the participant an opportunity to cure any Do Not Pay issues if
the recipient can produce evidence that its listing in the Do Not Pay
system should be removed. However, the Commission proposes requiring
the participant to be responsible for working with the relevant agency
to correct its information before a Reimbursement Program payment will
be issued by Treasury.
III. Procedural Matters
28. Paperwork Reduction Act of 1995 Analysis. This document
contains proposed new information collection requirements. The
Commission has, pursuant to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, published a notice in the Federal Register seeking
comment on the new information collection requirements contained in
this Public Notice. See 86 FR 22050, Apr. 26, 2021. The Commission, as
part of its continuing effort to reduce paperwork burdens, invites the
general public and the Office of Management and Budget (OMB) to comment
on the information collection requirements contained in this document,
as required by the PRA. In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), we seek specific comment on how we might further reduce the
information collection burden for small business concerns with fewer
than 25 employees.
Federal Communications Commission.
Cheryl Callahan,
Assistant Chief, Telecommunications Access Policy Division Wireline
Competition Bureau.
[FR Doc. 2021-12385 Filed 6-11-21; 8:45 am]
BILLING CODE 6712-01-P
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