Rule2021-21783
Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs
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
October 6, 2021
Effective
October 6, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, an information collection associated with the rules for the Connect America Fund contained in the Commission's Second Report and Order, FCC 20-176. This document is consistent with the Second Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the new information collection requirements.
Full Text
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<title>Federal Register, Volume 86 Issue 191 (Wednesday, October 6, 2021)</title>
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[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Rules and Regulations]
[Pages 55515-55516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21783]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket Nos. 18-89; FCC 20-176; FR ID 50685]
Protecting Against National Security Threats to the
Communications Supply Chain Through FCC Programs
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) announces that the Office of Management and Budget (OMB)
has approved, for a period of three years, an information collection
associated with the rules for the Connect America Fund contained in the
Commission's Second Report and Order, FCC 20-176. This document is
consistent with the Second Report and Order, which stated that the
Commission would publish a document in the Federal Register announcing
the effective date of the new information collection requirements.
DATES: Amendatory instruction 3 adding Sec. 1.50004(c), (d)(1), (g),
(h)(2), and (j) through (n) and amendatory instruction 5 adding Sec.
1.50007 published at 86 FR 2904, January 13, 2021, are effective
October 6, 2021.
FOR FURTHER INFORMATION CONTACT: Christopher Koves, Wireline
Competition Bureau at (202) 418-7400 or TTY (202) 418-0484. For
additional information concerning the Paperwork Reduction Act
information collection requirements contact Nicole Ongele at (202) 418-
2991 or via email: <a href="/cdn-cgi/l/email-protection#81cfe8e2eeede4afceefe6e4ede4c1e7e2e2afe6eef7"><span class="__cf_email__" data-cfemail="1a54737975767f3455747d7f767f5a7c7979347d756c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Commission submitted revised information
collection requirements for review and approval by OMB, as required by
the Paperwork Reduction Act (PRA) of 1995, on August 3, 2021, which
were approved by OMB on September 8, 2021. The information collection
requirements are contained in the Commission's Second Report and Order,
FCC 20-176 published at 86 FR 2904, January 13, 2021. The OMB Control
Number is 3060-1270. If you have any comments on the burden estimates
listed in the following, or how the Commission can improve the
collections and reduce any burdens caused thereby, please contact
Nicole Ongele, Federal Communications Commission, 45 L Street NE,
Washington, DC 20554. Please include the OMB Control Number, 3060-1270,
in your correspondence. The Commission will also accept your comments
via email at <a href="/cdn-cgi/l/email-protection#09595b48496f6a6a276e667f"><span class="__cf_email__" data-cfemail="2f7f7d6e6f494c4c01484059">[email protected]</span></a>.
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#d3b5b0b0e6e3e793b5b0b0fdb4bca5"><span class="__cf_email__" data-cfemail="e4828787d1d4d0a4828787ca838b92">[email protected]</span></a> or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the Commission is notifying the public that it received OMB
approval on September 8, 2021, for the information collection
requirements contained in 47 CFR amendatory Sec. Sec. instruction 3
adding 1.50004(c), (d)(1), (g), (h)(2), (j) through (n), and amendatory
instruction 5 adding Sec. 1.50007 published at 86 FR 2904, January 13,
2021. Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number. The OMB
Control Number is 3060-1270.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-1270.
OMB Approval Date: September 8, 2021.
OMB Expiration Date: September 30, 2024.
Title: Protecting National Security Through FCC Programs.
Form Number: FCC Form 5640 and FCC Form 5641.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 3,500 respondents; 10,250
responses.
Estimated Time per Response: 0.5-12 hours.
Frequency of Response: Annual, semi-annual and recordkeeping
requirements.
Obligation to Respond: Mandatory and required to obtain or retain
benefits. Statutory authority for this information collection is
contained in 47 U.S.C. 1603-1604.
Total Annual Burden: 27,400 hours.
Total Annual Cost: 1,125,000.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: The Commission is not
requesting that respondents submit confidential information to the FCC.
However, respondents may request confidential treatment of their
information under 47 CFR 0.459 of the Commission's rules.
Needs and Uses: On November 22, 2019, the Commission adopted the
Protecting Against National Security Threats to the Communications
Supply Chain Through FCC Programs, WC Docket No. 18-89, Report and
Order, Order, and Further Notice of Proposed Rulemaking, 34 FCC Rcd
11423 (2019) (Report and Order). The Report and Order prohibits future
use of Universal Service Fund (USF) monies to purchase, maintain,
improve, modify, obtain, or otherwise support any equipment or services
produced or provided by a company that poses a national security threat
to the integrity of communications networks or the communications
supply chain.
On March 12, 2020, the President signed into law the Secure and
Trusted
[[Page 55516]]
Communications Networks Act of 2019 (Secure Networks Act), Public Law
116-124, 133 Stat. 158 (2020) (codified as amended at 47 U.S.C. 1601-
1609), which among other measures, directs the FCC to establish the
Secure and Trusted Communications Networks Reimbursement Program
(Reimbursement Program). This program is intended to provide funding to
providers of advanced communications service for the removal,
replacement and disposal of certain communications equipment and
services that pose an unacceptable national security risk (i.e.,
covered equipment and services) from their networks. The Commission has
designated two entities--Huawei Technologies Company (Huawei) and ZTE
Corporation (ZTE), along with their affiliates, subsidiaries, and
parents--as covered companies posing such a national security threat.
See Protecting Against National Security Threats to the Communications
Supply Chain Through FCC Programs--Huawei Designation, PS Docket No.
19-351, Memorandum Opinion and Order, 35 FCC Rcd 14435 (2020);
Protecting Against National Security Threats to the Communications
Supply Chain Through FCC Programs--ZTE Designation, PS Docket No. 19-
352, Memorandum Opinion and Order, DA 20-1399 (PSHSB rel. Nov. 24,
2020).
On December 10, 2020, the Commission adopted the Second Report and
Order implementing the Secure Networks Act, which contained certain new
information collection requirements. See Protecting Against National
Security Threats to the Communications Supply Chain Through FCC
Programs, WC Docket No. 18-89, Second Report and Order, 35 FCC Rcd
14284 (2020) (Second Report and Order). These requirements will allow
the Commission to receive, review and make eligibility determinations
and funding decisions on applications to participate in the
Reimbursement Program that are filed by certain providers of advanced
communications service. These new information collection requirements
will also assist the Commission in processing funding disbursement
requests and in monitoring and furthering compliance with applicable
program requirements to protect against waste, fraud, and abuse.
On December 27, 2020, the President signed into law the
Consolidated Appropriations Act, 2021, appropriating $1.9 billion to
``carry out'' the Reimbursement Program and amending the Reimbursement
Program eligibility requirements to expand eligibility to include
providers of advanced communications service with 10 million or fewer
subscribers. See Public Law 116-260, Division N--Additional Coronavirus
Response and Relief, Title IX--Broadband internet Access Service,
Sec. Sec. 901, 906, 134 Stat. 1182 (2020). The Commission has
interpreted the term ``provider of advanced communications service'' to
mean ``facilities-based providers, whether fixed or mobile, with a
broadband connection to end users with at least 200 kbps in one
direction.'' Second Report and Order, 35 FCC Rcd at 14332, para. 111.
Participation in the Reimbursement Program is voluntary but compliance
with the new information collection requirements is required to obtain
Reimbursement Program support.
The Secure Networks Act requires all providers of advanced
communications service to annually report, with exception, on whether
they have purchased, rented, leased or otherwise obtained covered
communications equipment or service on or after certain dates. 47
U.S.C. 1603(d)(2)(B). The Second Report and Order adopted a new
information collection requirement to implement this statutory mandate.
See Secure Networks Act section 5. If the provider certifies it does
not have any covered equipment and services, then the provider is not
required to subsequently file an annual report, unless it later obtains
covered equipment and services. Second Report and Order at para. 215.
The Commission therefore revises this information collection
contained in the Second Report and Order adopted by the Commission on
December 10, 2020. A previously approved information collection
requirement was also eliminated as it was no longer necessary.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021-21783 Filed 10-5-21; 8:45 am]
BILLING CODE 6712-01-P
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