[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 [www.gpo.gov]
[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: [email protected].

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 [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] 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