Notice2022-14908
Information Collection Approved by the Office of Management and Budget
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
July 13, 2022
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 Secure and Trusted Communication Network Reimbursement Program contained in the Commission's Procedures.
Full Text
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41717-41718]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14908]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1270; FR ID 95496]
Information Collection Approved by the Office of Management and
Budget
AGENCY: Federal Communications Commission.
ACTION: Notice.
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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 Secure and Trusted Communication
Network Reimbursement Program contained in the Commission's Procedures.
FOR FURTHER INFORMATION CONTACT: Callie Coker, Wireline Competition
Bureau at (202) 418-7400 or email: <a href="/cdn-cgi/l/email-protection#e9aa888585808cc7aa86828c9ba98f8a8ac78e869f"><span class="__cf_email__" data-cfemail="ca89aba6a6a3afe489a5a1afb88aaca9a9e4ada5bc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-1270.
OMB Approval Date: June 27, 2022.
Expiration Date: June 30, 2025.
Title: Protecting National Security Through FCC Program.
Form Number: FCC Form 5640.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 3,500 respondents; 10,325
responses.
Estimated Time per Response: 0.5-12 hours.
Frequency of Response: Annual, Semi-annual and recordkeeping
requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in 47
U.S.C. 1603-1604.
Total Annual Burden: 27,475 hours.
Total Annual Cost: 1,125,000.
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 Communications Networks Act of 2019 (Secure Networks Act), Pub.
L. 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
[[Page 41718]]
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 Sec. 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.
Separate from the Reimbursement Program, 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). 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, 35 FCC
Rcd at 14370, at para. 215.
The Commission therefore revised this information collection
contained in the Public Notice released by the Wireline Competition
Bureau on August 3, 2021. This Public Notice, among other things,
required providers participating in the Reimbursement Program to notify
the Commission of ownership changes using the FCC Form 5640 to ensure
the accuracy of information on file for program participants when there
is a change in ownership.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2022-14908 Filed 7-12-22; 8:45 am]
BILLING CODE 6712-01-P
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