[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Notices]
[Pages 76182-76185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26938]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket No. 221202-0260]
RIN 0693-XC053


Public Wireless Supply Chain Innovation Fund Implementation

AGENCY: National Telecommunications and Information Administration, 
Department of Commerce.

ACTION: Notice, request for comment.

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SUMMARY: The National Telecommunications and Information Administration 
(NTIA) is requesting comment on the implementation of the Public 
Wireless Supply Chain Innovation Fund, as directed by the CHIPS and 
Science Act of 2022. Through this Notice and Request for Comment 
(Notice), NTIA seeks broad input and feedback from all interested 
stakeholders--including private industry, academia, civil society, and 
other experts--on this grant program to support the promotion and 
deployment of open, interoperable, and standards-based radio access 
networks (RAN).

DATES: Submit written comments on or before 5 p.m. Eastern Standard 
Time on January 27, 2023.

ADDRESSES: All electronic public comments on this action, identified by 
Regulations.gov docket number NTIA-2022-0003, may be submitted through 
the Federal e-Rulemaking Portal at http://www.regulations.gov. The 
docket established for this rulemaking can be found at 
www.Regulations.gov, NTIA-2022-0003. Click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    In addition to inviting written submissions through this Notice, 
NTIA is hosting a public virtual listening session. More information 
about the listening session can be found at https://www.ntia.doc.gov/.

FOR FURTHER INFORMATION CONTACT: Please direct questions regarding this 
Notice to [email protected], indicating ``Notice and Request for 
Comment'' in the subject line, or, if by mail, addressed to National 
Telecommunications and Information Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; or by 
telephone to Sarah Skaluba, 202-482-3806. Please direct media inquiries 
to (202) 482-7002, or NTIA's Office of Public Affairs, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 9, 2022, President Biden signed the CHIPS and Science Act 
of 2022 into law, appropriating $1.5 billion for the Public Wireless 
Supply Chain Innovation Fund (referred to subsequently herein as the 
``Innovation Fund''), to support the promotion and deployment of open, 
interoperable, and standards-based radio access networks (RAN) (Pub. L. 
117-167, Div. A, Sect. 106, 136 Stat. 1392). The Innovation Fund was 
previously authorized under section 9202(a)(1) of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 2021 
(Pub. L. 116-283; 47 U.S.C. 906(a)(1)).
    With the passage of the CHIPS and Science Act of 2022, Congress has 
taken a proactive step in driving the adoption of open, interoperable, 
and standards-based RAN and supporting a more competitive and diverse 
telecommunications supply chain. This historic $1.5 billion investment 
aims to support U.S. leadership in the global telecommunications 
ecosystem, foster competition, lower costs for consumers and network 
operators, and strengthen our supply chain.
    Today's fifth generation wireless technology (known as ``5G'') 
infrastructure market is highly consolidated, with a small group of 
vendors making up the majority of the marketplace. This lack of 
competition can reduce supply chain resilience and security, contribute 
to higher prices, make it challenging for new, innovative U.S. 
companies to break into the market, and ultimately will exacerbate the 
digital divide. Additionally, certain equipment and services produced 
or provided by particular vendors in this marketplace have been deemed 
to pose an unacceptable risk to the national security of the United 
States.\1\ Some of these vendors, including Chinese telecommunications 
companies Huawei Technologies Company and ZTE Corporation, have been 
shown to have links to the Chinese government and/or the Chinese 
Communist Party, giving rise to security risks.\2\ Those risks are 
compounded by financial support from the government of China and 
preferential access to the Chinese

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market, which enable them to offer lower cost financing terms and, in 
some cases, below-market export credit subsidies to foreign mobile 
operators to purchase their equipment. The United States Government is 
working to mobilize the full range of department and agency tools and 
coordinating with like-minded partners to support network operators in 
procuring trusted, secure RAN.
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    \1\ See the Federal Communications Commission's List of 
Equipment and Services Covered by Section 2 of The Secure Networks 
Act, https://www.fcc.gov/supplychain/coveredlist.
    \2\ See, e.g., Permanent Select Committee on Intelligence, U.S. 
House of Representatives, Investigative Report on the U.S. National 
Security Issues Posed by Chinese Telecommunications Companies Huawei 
and ZTE at iv (Oct. 8, 2012), https://republicans-intelligence.house.gov/sites/intelligence.house.gov/files/documents/huaweizte%20investigative%20report%20(final).pdf.
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    In line with the Executive Branch's policy to promote the 
development of Open Radio Access Networks (or Open RAN), alongside 
other policies, technologies, and architectures that support 5G vendor 
diversity and foster market competition, the CHIPS and Science Act of 
2022 invests $1.5 billion over 10 years to accelerate the development 
and deployment of open and interoperable, standards-based RAN.
    More specifically, the Innovation Fund will support the following 
activities, as defined in 47 U.S.C. 906(a)(1)(C):
    1. Promoting and deploying technology, including software, 
hardware, and microprocessing technology, that will enhance 
competitiveness in 5G and successor wireless technology supply chains 
that use open and interoperable interface radio access networks.
    2. Accelerating commercial deployments of open interface, 
standards-based, interoperable equipment, such as equipment developed 
pursuant to the standards set forth by organizations such as the O-RAN 
Alliance, the Telecom Infra Project, [3rd Generation Partnership 
Project (3GPP)], the Open-RAN Software Community, or any successor 
organizations.
    3. Promoting and deploying compatibility of new 5G equipment with 
future open standards-based, interoperable equipment.
    4. Managing integration of multi-vendor network environments.
    5. Identifying objective criteria to define equipment as compliant 
with open standards for multi-vendor network equipment 
interoperability.
    6. Promoting and deploying security features enhancing the 
integrity and availability of equipment in multi-vendor networks.
    7. Promoting and deploying network function virtualization to 
facilitate multi-vendor interoperability and a more diverse vendor 
market.
    NTIA, in consultation with the Federal Communications Commission, 
the National Institute of Standards and Technology, the Department of 
Homeland Security, the Department of Defense, and the Intelligence 
Advanced Research Projects Activity of the Office of the Director of 
National Intelligence, is responsible for establishing the grant 
criteria and administering the program. As such, NTIA has established 
multiple avenues for the public to offer input to inform program design 
and implementation. This includes a public virtual listening session 
(see ADDRESSES), as well as the opportunity for stakeholders across the 
nation to make their views known in response to this Notice. NTIA 
welcomes input from all interested parties.
    As the Executive Branch agency statutorily responsible for advising 
the President on telecommunications policy issues and managing federal 
spectrum, this investment will leverage NTIA's leadership in the areas 
of 5G and future generation telecommunications, supplier diversity, and 
spectrum management, among others. The program will also build upon the 
Department's grantmaking expertise, as NTIA continues to advance the 
$65 billion internet for All program to connect every American to high-
speed, affordable internet service.
    This critical investment will help drive U.S. wireless innovation, 
foster competition, and strengthen supply chain resilience. It will 
also help unlock opportunities for U.S. companies, particularly small 
and medium enterprises, to compete in a market historically dominated 
by a few foreign suppliers, including high-risk suppliers that raise 
security concerns. In comparison to traditional telecommunications 
networks, which utilize a single supplier's proprietary equipment, open 
and interoperable, standards-based RAN prevents vendor lock-in by 
facilitating competition. This competition allows operators to procure 
the best solutions for their specific needs by mixing and matching 
network components, rather than procuring proprietary end-to-end 
solutions from a single supplier. Open and interoperable, standards-
based RAN may also reduce costs for consumers and network operators in 
the long run by improving efficiency through automation, supporting 
more seamless network updates, and potentially lowering capital 
expenditures (CapEx) and operating expenses (OpEx).

II. Objectives of This Notice

    This Notice offers an opportunity for all interested parties to 
provide vital input and recommendations for consideration in the 
development and implementation of NTIA's Innovation Fund grant program. 
NTIA seeks public input and feedback from a wide array of stakeholders 
to inform the implementation of the Innovation Fund grant program. This 
is a historic investment, requiring the combined efforts of the Federal 
government, state and local governments, the U.S. private sector, non-
governmental organizations, and likeminded partners from around the 
world.
    This Notice seeks public comment to bolster NTIA's work and to 
improve the number and quality of ideas under consideration as the 
agency develops Notices of Funding Opportunity (NOFOs). These formal 
announcements (NOFOs) will be used to solicit applications for 
Innovation Fund grants and will provide information about the size of 
the awards, who is eligible to apply, the evaluation criteria for 
selection of an awardee, required components of an application, and how 
to submit an application.
    This Notice also offers an opportunity for stakeholders to provide 
detailed comments and recommendations on the kinds of projects and 
programs the Innovation Fund should aim to support. Rather than 
focusing on the benefits of open, interoperable, and standards-based 
network deployments, such as Open RAN, or more general policy general 
policy recommendations detailed in previous FCC and NTIA processes,\3\ 
this Notice particularly welcomes comment on: (1) practical solutions 
to the key challenges to adoption of open and interoperable, standards-
based RAN; (2) recommendations for the kinds of projects that the 
Innovation Fund should support; and (3) the kinds of criteria that 
should inform how Innovation Fund grants are awarded.
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    \3\ Whereas the FCC's Notice of Inquiry on Promoting the 
Deployment of 5G Open Radio Access Networks (March 2021), NTIA's 
Industry Listening Session on Vendor Diversity for 5G Security 
(February 2021), and NTIA's National Strategy to Secure 5G 
Implementation Plan (January 2021), explored the current status of 
Open RAN, its costs and benefits, and policy recommendations, more 
generally; this Request seeks comment on tangible solutions and 
recommendations to inform development and implementation of the 
Innovation Fund.
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III. Request for Comment

    NTIA welcomes input on any matter that commenters believe is 
important to NTIA's Innovation Fund implementation efforts. Commenters 
are invited to comment on the full range of issues presented by this 
Notice and are encouraged to address any or all of the following 
questions, or to provide additional information relevant to 
implementation of the Innovation Fund. We invite commenters who intend 
to apply or who have experience with

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other funding programs (whether domestic or international) to offer 
suggestions for how to effectively implement the Innovation Fund, based 
on their experiences.
    Commenters are not required to respond to all questions. When 
responding to one or more of the questions below, please note in the 
text of your response the number of the question to which you are 
responding. Commenters are welcome to provide specific actionable 
proposals, rationales, and relevant facts.
    Commenters should include a page number on each page of their 
submissions. Please do not include in your comments information of a 
confidential nature, such as sensitive personal information or 
proprietary information. All comments received are a part of the public 
record and will generally be posted to Regulations.gov without change. 
All personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Information 
obtained as a result of this notice may be used by the federal 
government for program planning on a non-attribution basis.

Questions on the State of the Industry

    Understanding the current state of the telecommunications industry 
is important to determining how any topics should be prioritized in the 
Innovation Fund, and what level of funding a topic should receive.
    1. What are the chief challenges to the adoption and deployment of 
open and interoperable, standards-based RAN, such as Open RAN? Are 
those challenges different for public vs. private networks?
    a. What are the challenges for brownfield deployments, in which 
existing networks are upgraded to incorporate open, interoperable, and 
standards-based equipment?
    2. What ongoing public and private sector initiatives may be 
relevant to the Innovation Fund?
    a. What gaps exist from an R&D, commercialization, and standards 
perspective?
    b. How might NTIA best ensure funding is used in a way that 
complements existing public and private sector initiatives?
    3. What kind of workforce constraints impact the development and 
deployment of open and interoperable, standards-based RAN, such as Open 
RAN? How (if at all) can the Innovation Fund help alleviate some of 
these workforce challenges?
    4. What is the current climate for private investment in Open RAN, 
and how can the Innovation Fund help increase and accelerate the pace 
of investment by public and private entities?
    5. How do global supply chains impact the open, interoperable, and 
standards-based RAN market, particularly in terms of procuring 
equipment for trials or deployments?

Questions on Technology Development and Standards

    Understanding the current state of open and interoperable, 
standards-based RAN and the standards that inform its development will 
assist NTIA in maximizing the impact of grants. Questions in this 
section will be used to assess the maturity of the technology and 
related standards to help determine which topics should receive 
additional investment.
    6. What open and interoperable, standards-based network elements, 
including RAN and core network elements, would most benefit from 
additional research and development (R&D) supported by the Innovation 
Fund?
    7. Are the 5G and open and interoperable RAN standards environments 
sufficiently mature to produce stable, interoperable, cost-effective, 
and market-ready RAN products? If not:
    a. What barriers are faced in the standards environment for open 
and interoperable RAN?
    b. What is required, from a standards perspective, to improve 
stability, interoperability, cost effectiveness, and market readiness?
    c. What criteria should be used to define equipment as compliant 
with open standards for multivendor network equipment interoperability?
    8. What kinds of projects would help ensure 6G and future 
generation standards are built on a foundation of open and 
interoperable, standards-based RAN elements?

Questions on Integration, Interoperability, and Certification

    Challenges associated with systems integration and component 
interoperability can hinder the adoption of open and interoperable, 
standards-based RAN. This section will help NTIA structure the NOFOs in 
a way that most effectively addresses these challenges and facilitates 
adoption. NTIA also welcomes feedback on the effectiveness of 
certification regimes in driving open and interoperable, standards-
based RAN adoption.
    9. How can projects funded through the Innovation Fund most 
effectively support promoting and deploying compatibility of new 5G 
equipment with future open, interoperable, and standards-based 
equipment?
    a. Are interoperability testing and debugging events (e.g., 
``plugfests'') an effective mechanism to support this goal? Are there 
other models that work better?
    10. How can projects funded through the program most effectively 
support the ``integration of multi-vendor network environments''?
    11. How do certification programs impact commercial adoption and 
deployment?
    a. Is certification of open, interoperable, standards-based 
equipment necessary for a successful marketplace?
    b. What bodies or fora would be appropriate to host such a 
certification process?
    12. What existing gaps or barriers are presented in the current RAN 
and open and interoperable, standards-based RAN certification regimes?
    a. Are there alternative processes to certification that may prove 
more agile, economical, or effective than certification?
    b. What role, if any, should NTIA take in addressing gaps and 
barriers in open and interoperable, standards-based RAN certification 
regimes?

Questions on Trials, Pilots, Use Cases, and Market Development

    A key aim of the Innovation Fund is to promote and deploy 
technologies that will enhance competitiveness of 5G and successor open 
and interoperable, standards-based RAN. We have seen a range of Open 
RAN trials, pilots, and use cases underway across the United States and 
internationally to date. This section will inform the types of NOFOs 
NTIA publishes and administers as the Department works to accelerate 
adoption.
    13. What are the foreseeable use cases for open and interoperable, 
standards-based networks, such as Open RAN, including for public and 
private 5G networks? What kinds of use cases, if any, should be 
prioritized?
    14. What kinds of trials, use cases, feasibility studies, or proofs 
of concept will help achieve the goals identified in 47 U.S.C. 
906(a)(1)(C), including accelerating commercial deployments?
    a. What kinds of testbeds, trials, and pilots, if any, should be 
prioritized?
    15. How might existing testbeds be utilized to accelerate adoption 
and deployment?
    16. What sort of outcomes would be required from proof-of-concept 
pilots and trials to enable widespread adoption and deployment of open 
and

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interoperable, standards-based RAN, such as Open RAN?

Questions on Security

    Strengthening supply chain resilience is a critical benefit of open 
and interoperable, standards-based RAN adoption. In line with the 
Innovation Fund's goal of ``promoting and deploying security features'' 
to enhance the integrity and availability of multi-vendor network 
equipment, and Department priorities outlined in the National Strategy 
to Secure 5G Implementation Plan, this section will inform how NTIA 
incorporates security into future Innovation Fund NOFOs.
    17. ``Promoting and deploying security features enhancing the 
integrity and availability of equipment in multi-vendor networks,'' is 
a key aim of the Innovation Fund (47 U.S.C 906(a)(1)(C)(vi)). How can 
the projects and initiatives funded through the program best address 
this goal and alleviate some of the ongoing concerns relating to the 
security of open and interoperable, standards-based RAN?
    a. What role should security reporting play in the program's 
criteria?
    b. What role should security elements or requirements, such as 
industry standards, best practices, and frameworks, play in the 
program's criteria?
    18. What steps are companies already taking to address security 
concerns?
    19. What role can the Innovation Fund play in strengthening the 
security of open and interoperable, standards-based RAN?
    20. How is the ``zero-trust model'' currently applied to 5G network 
deployment, for both traditional and open and interoperable, standards-
based RAN? What work remains in this space?

Questions on Program Execution and Monitoring

    The Innovation Fund is a historic investment in America's 5G 
future. As such, NTIA is committed to developing a program that results 
in meaningful progress toward the deployment and adoption of open and 
interoperable, standards-based RAN. To accomplish this, we welcome 
feedback from stakeholders on how our program requirements and 
monitoring can be tailored to achieve the goals set out in 47 U.S.C. 
906.
    21. Transparency and accountability are critical to programs such 
as the Innovation Fund. What kind of metrics and data should NTIA 
collect from awardees to evaluate the impact of the projects being 
funded?
    22. How can NTIA ensure that a diverse array of stakeholders can 
compete for funding through the program? Are there any types of 
stakeholders NTIA should ensure are represented?
    23. How (if at all) should NTIA promote teaming and/or encourage 
industry consortiums to apply for grants?
    24. How can NTIA maximize matching contributions by entities 
seeking grants from the Innovation Fund without adversely discouraging 
participation? Matching requirements can include monetary contributions 
and/or third-party in-kind contributions (as defined in 2 CFR 200.1).
    25. How can the fund ensure that programs promote U.S. 
competitiveness in the 5G market?
    a. Should NTIA require that grantee projects take place in the 
U.S.?
    b. How should NTIA address potential grantees based in the U.S. 
with significant overseas operations and potential grantees not based 
in the U.S. (i.e., parent companies headquartered overseas) with 
significant U.S.-based operations?
    c. What requirements, if any, should NTIA take to ensure 
``American-made'' network components are used? What criteria (if any) 
should be used to consider whether a component is ``American-made''?
    26. How, if at all, should NTIA collaborate with like-minded 
governments to achieve Innovation Fund goals?

Additional Questions

    NTIA welcomes any additional input that stakeholders believe will 
prove useful to our implementation efforts.
    27. Are there specific kinds of initiatives or projects that should 
be considered for funding that fall outside of the questions outlined 
above?
    28. In addition to the listening session mentioned above and 
forthcoming NOFOs, are there other outreach actions NTIA should take to 
support the goals of the Innovation Fund?

    Dated: December 7, 2022.
Josephine Arnold,
Senior Attorney-Advisor.
[FR Doc. 2022-26938 Filed 12-12-22; 8:45 am]
BILLING CODE 3510-60-P