[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41717-41718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [email protected].

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]
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