Rule2022-21197
Wireline Competition Bureau Reminds Secure and Trusted Communications Networks Reimbursement Program Recipients of Their Status Update Filing Obligation
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Published
September 30, 2022
Effective
September 30, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireline Competition Bureau (Bureau) reminds Recipients in the Secure and Trusted Communications Networks Reimbursement Program (Reimbursement Program) of their obligation to file status updates with the Federal Communications Commission (Commission or FCC) every 90 days, beginning on the date on which the Bureau approved Recipients' applications, until the obligation to file expires. Because Recipients' applications were approved on July 15, 2022, all initial status updates are due on October 13, 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 189 (Friday, September 30, 2022)</title>
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[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59327-59329]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21197]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WC Docket No. 18-89; DA 22-967; FR ID 106418]
Wireline Competition Bureau Reminds Secure and Trusted
Communications Networks Reimbursement Program Recipients of Their
Status Update Filing Obligation
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
reminds Recipients in the Secure and Trusted Communications Networks
Reimbursement Program (Reimbursement Program) of their obligation to
file status updates with the Federal Communications Commission
(Commission or FCC) every 90 days, beginning on the date on which the
Bureau approved Recipients' applications, until the obligation to file
expires. Because Recipients' applications were approved on July 15,
2022, all initial status updates are due on October 13, 2022.
DATES: The final rule is effective on September 30, 2022. All initial
status updates are due on October 13, 2022.
FOR FURTHER INFORMATION CONTACT: Callie Coker, Wireline Competition
Bureau, at 202-418-2793, <a href="/cdn-cgi/l/email-protection#c487a5a8a8ada1ea87abafa1b684a2a7a7eaa3abb2"><span class="__cf_email__" data-cfemail="99daf8f5f5f0fcb7daf6f2fcebd9fffafab7fef6ef">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's document
in WC Docket No. 18-89; DA 22-967, released on September 16, 2022. The
full text of this document is available at the following internet
address: <a href="https://www.fcc.gov/document/supply-chain-reimbursement-program-status-update-deadline-reminder">https://www.fcc.gov/document/supply-chain-reimbursement-program-status-update-deadline-reminder</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#5d1b1e1e686d691d3b3e3e733a322b"><span class="__cf_email__" data-cfemail="e3a5a0a0d6d3d7a3858080cd848c95">[email protected]</span></a> or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
1. By this document, the Bureau reminds Recipients in the
Reimbursement Program of their obligation to file status updates with
the Commission every 90 days, beginning on the date on which the Bureau
approved Recipients' applications, until the obligation to file
expires. Because Recipients' applications were approved on July 15,
2022, all initial status updates are due on October 13, 2022. As
required by the Secure and Trusted Communications Networks Act of 2019,
as amended (Secure Networks Act), the status updates must inform the
Commission about the work of the Recipient to permanently remove,
replace, and dispose of the covered communications equipment or
services, which for the purposes of the Reimbursement Program means all
communications equipment or services produced or provided by Huawei
Technologies Company or ZTE Corporation and obtained on or before June
30, 2020 (covered communications equipment or services.
2. Background. As directed in the Secure Networks Act, the
Commission established the Reimbursement Program to reimburse providers
of advanced communications services with ten million or fewer customers
for reasonable costs incurred in the removal, replacement, and disposal
of covered communications equipment or services from their networks
that pose a national security risk. In the 2020 Supply Chain Order, 86
FR 2904 (January 13, 2021), the Commission established and adopted
rules for the Reimbursement Program, revised these rules in the 2021
Supply Chain Order, 86 FR 46995, August 23, 2021, and subsequently
provided additional guidance on the application, reimbursement, and
disposal process. On July 15, 2022, the Bureau issued decisions
approving and denying applications submitted for Reimbursement Program
support. Recipients were announced in a Public Notice released by the
Bureau on July 18, 2022.
3. The Secure Networks Act requires that ``[n]ot less frequently
than once every 90 days beginning on the date on which the Commission
approves an application for a reimbursement under the [Reimbursement]
Program, the recipient of the reimbursement shall submit to the
Commission a status update on the work of the recipient to permanently
remove, replace, and dispose of the covered communications equipment or
services.'' The Secure Networks Act also provides that ``[n]ot
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earlier than 30 days after the date on which the Commission receives a
status update,'' the Commission ``shall make such status update public
on the website of the Commission.'' In the 2020 Supply Chain Order, the
Commission required Recipients to file the first status updates within
90 days of receiving their funding allocations.
4. Status Updates Obligation. In accordance with the Secure
Networks Act and Commission rules, each Recipient must regularly submit
status updates beginning on October 13, 2022, and then every 90 days
thereafter until the Recipient has notified the Commission of the
completion of the permanent removal, replacement, and disposal of the
covered communications equipment or service pursuant to a final
certification. The Commission has interpreted the Secure Networks Act
as permitting the Commission to require the first status update filing
90 days after the approval of applications for reimbursement, and also
that the updates be filed at least every 90 days. In the 2020 Supply
Chain Order, the Commission noted that status updates ``will help the
Commission monitor the overall pace of the removal, replacement, and
disposal [(RRD)] process and whether recipients are acting consistently
with the timelines provided to the Commission or whether unexpected
challenges are causing delay.'' Furthermore, due to the importance of
status updates in the Commission's role to monitor Recipients'
implementation of their RRD timelines, we clarify that while Recipients
may submit status updates more frequently than every 90 days, they must
file status updates every 90 days to satisfy their obligation. As such,
we make a procedural revision to Sec. 1.50004(k) to clarify that
Recipients must file a status update with the Commission 90 days after
the date on which the Bureau approves the Recipient's application, and
every 90 days thereafter until the expiration of the obligation to
file. This revision is permissible without notice and comment because
the timeframe in which a Recipient must file its periodic reports under
Sec. 1.50004(k) of the Commission's rules is a procedural rule. This
rule modification will ensure that the status updates provide the
Bureau with the information it needs to perform the assessments
contemplated by the Secure Networks Act and the Commission's orders and
rules. For instance, if a Recipient filed its first status update on
October 13, 2022, and filed its second on October 27, 2022, the second
report would provide little insight into how much progress the
Recipient has made on the permanent removal, replacement, and disposal
of the covered communications equipment and services in its network
since the first 90-day reporting period.
5. Recipients are required to report on their ``work to permanently
remove, replace, and dispose of the covered communications equipment or
services'' in their communications networks, including the efforts
undertaken and challenges encountered in performing that work. The
status updates must also include whether the Recipient has: (1) fully
complied with, or is in the process of complying with, all requirements
of the Reimbursement Program; (2) fully complied with, or is in the
process of complying with, the commitments made in the Recipient's
application; (3) permanently removed from its communications network,
replaced, and disposed of, or is in the process of permanently
removing, replacing, and disposing of, all covered communications
equipment or services that were in the Recipient's network as of the
date of the submission of the Recipient's application; and (4) fully
complied with, or is in the process of complying with, the timeline
submitted by the Recipient in their application. We remind Recipients
that timelines submitted to the Commission outlining the Recipient's
RRD process must comport with the Recipient's deadline to complete the
permanent removal, replacement, and disposal of covered communications
equipment and services, which is one year from its initial distribution
of a reimbursement. Recipients shall also report in detail on the
availability of replacement equipment in the marketplace so the
Commission can assess whether a general, six-month extension permitted
by the statute is appropriate. Lastly, each status update must include
a certification that affirms the information in the update is accurate.
6. The Bureau issued decisions approving and denying applications
submitted for Reimbursement Program support on July 15, 2022. As such,
Recipients must submit their first status updates on October 13, 2022,
and thereafter every 90 days until the expiration of the obligation to
file. The obligation to file status updates expires after the Recipient
has notified the Commission of the completion of the permanent removal,
replacement, and disposal of the covered communications equipment or
service pursuant to a final certification. Recipients will submit
status updates through the online portal, <a href="https://fccprod.servicenowservices.com/scrp">https://fccprod.servicenowservices.com/scrp</a> (SCRP Online Portal) by completing
FCC Form 5640 Part K: Status Updates.
7. Public Posting and Requests for Confidentiality. Consistent with
the Secure Networks Act, the Bureau will make the Recipients' status
updates public by publishing them on the Commission's website no
earlier than 30 days after the 90-day filing deadline. A link to the
public status updates will be provided on the Commission's
Reimbursement Program web page, <a href="https://www.fcc.gov/supplychain">https://www.fcc.gov/supplychain</a>. For
administrative ease, we clarify that if a Recipient opts to file
multiple status updates within a particular 90-day period (e.g., a
status update filed at the 30-day mark prior to filing the mandatory
status update at the 90-day mark), we will post all status updates
filed for a given 90-day period to the Commission's website no earlier
than 30 days after the close of that period. We also correct a
discrepancy between Sec. 1.50004(k)(2) of the Commission's rules and
section 4(d)(8)(B) of the Secure Networks Act regarding the timing by
which the Commission must post the status updates to its website. To
comply with the Secure Networks Act, we clarify that the Bureau will
publicly post the status update filings on the Commission's website no
earlier than 30 days after the close of the 90-day period covered by
the status update. This revision is permissible without notice and
comment because Sec. 1.50004(k)(2) is a procedural rule. Further, we
find that notice and comment is not necessary under the ``good cause''
exception of the Administrative Procedure Act because the revision
modifies the rule to be consistent with the statutory requirement.
8. Consistent with this requirement, we remind Recipients that
status updates submitted to the Commission are public. We believe that
most Recipients will be able to comply with the content requirements
for status updates without including details that the Commission has
determined are presumptively confidential. For instance, we believe
that Recipients may comply with the content requirements of status
updates without disclosing vendor price quotes; invoices; detailed
accounting information on the covered communications equipment and
services removed, replaced, and disposed of, and the replacement
equipment or services purchased, rented, leased, or otherwise obtained
using Reimbursement Program funds; the address, latitude/longitude of
equipment or service locations; sensitive information in removal or
replacement plans; specific equipment or service types; or the specific
details
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of removal, replacement, and disposal timeliness. Recipients that need
to include confidential information to accurately and fully report on
the status of their removal, replacement, and disposal work, any
challenges encountered in performing that work, or other status report
content requirements must request confidential treatment of those
details pursuant to Sec. 0.459 of the Commission's rules. In addition
to the content requirements of Sec. 0.459 of the Commission's rules,
Recipients should include the SCRP application numbers applicable to
the status update and the Recipient's FCC Registration number in their
requests for confidential treatment. Requests for confidential
treatment must be submitted by filing a written request electronically
in WC Docket No. 18-89 in the Commission's Electronic Comments Filing
System (ECFS), <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>. Recipients should file any
such requests for confidential treatment concurrently with submission
of the corresponding status update on the SCRP Online Portal.
Recipients must attach to their filings a version of their status
updates that redacts the specific information for which they are
seeking confidential treatment. Recipients may download a PDF copy of
their completed status updates from the SCRP Online Portal to redact
and submit with requests for confidential treatment. We remind
Recipients that requests for confidential treatment and associated
redactions that are overbroad or otherwise inconsistent with the
Commission's rules will be rejected. The Bureau will post the redacted
version of a status update for which confidential treatment has been
sought on the Commission's website.
9. The final regulations at the end of this document reflect the
two procedural rule changes for the Reimbursement Program adopted
herein. The updated rules will become effective upon publication in the
Federal Register.
10. Additional Information and Resources. Recipients with questions
may contact the Fund Administrator Help Desk by email at
<a href="/cdn-cgi/l/email-protection#16455544465063787257727b7f785670757538717960"><span class="__cf_email__" data-cfemail="1f4c5c4d4f596a717b5e7b7276715f797c7c31787069">[email protected]</span></a> or by calling (202) 418-7540 from 9:00 a.m. ET to
5:00 p.m. ET, Monday through Friday, except for Federal holidays.
General information and Commission documents regarding the
Reimbursement Program are available on the Reimbursement Program web
page, <a href="https://www.fcc.gov/supplychain">https://www.fcc.gov/supplychain</a>.
11. The Commission will not send a copy of this document to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act (CRA), see 5 U.S.C. 801(a)(1)(A), because it
does not adopt any rule as defined in the CRA, 5 U.S.C. 804(3).
List of Subjects in 47 CFR Part 1
Communications, Communications common carriers, Communications
equipment, Telecommunications, Telephone.
(47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, unless otherwise
noted)
Federal Communications Commission.
Pamela Arluk,
Chief, Competition Policy Division, Wireline Competition Bureau.
Final Regulations
For the reasons stated in the preamble, the Federal Communications
Commission amends 47 CFR part 1 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note,
unless otherwise noted.
0
2. Amend Sec. 1.50004 by revising paragraphs (k) introductory text and
(k)(2) to read as follows:
Sec. 1.50004 Secure and Trusted Communications Networks Reimbursement
Program.
* * * * *
(k) Status updates. Reimbursement Program recipients must file a
status update with the Commission 90 days after the date on which the
Wireline Competition Bureau approves the recipient's application for
reimbursement and every 90 days thereafter, until the recipient has
filed the final certification.
* * * * *
(2) The Wireline Competition Bureau will publicly post on the
Commission's website the status update filings no earlier than 30 days
after submission.
* * * * *
[FR Doc. 2022-21197 Filed 9-29-22; 8:45 am]
BILLING CODE 6712-01-P
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