[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 14005-14006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05120]



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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1270; FR ID 75543]


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995, the 
Federal Communications Commission (FCC or the Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collection. Comments are requested 
concerning: Whether the proposed collection of information is necessary 
for the proper performance of the functions of the Commission, 
including whether the information shall have practical utility; the 
accuracy of the Commission's burden estimate; ways to enhance the 
quality, utility, and clarity of the information collected; ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology; and ways to further reduce the 
information collection burden on small business concerns with fewer 
than 25 employees. The FCC may not conduct or sponsor a collection of 
information unless it displays a currently valid control number. No 
person shall be subject to any penalty for failing to comply with a 
collection of information subject to the PRA that does not display a 
valid Office of Management and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before May 10, 
2022. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email 
<a href="/cdn-cgi/l/email-protection#eabab8abaa8c8989c48d859c"><span class="__cf_email__" data-cfemail="83d3d1c2c3e5e0e0ade4ecf5">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#204e49434f4c450e4f4e47454c45604643430e474f56"><span class="__cf_email__" data-cfemail="bbd5d2d8d4d7de95d4d5dcded7defbddd8d895dcd4cd">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Nicole Ongele, (202) 418-2991.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-1270.
    Title: Protecting National Security Through FCC Programs.
    Form Number: FCC Form 5640.
    Type of Review: Revision of a currently approved information 
collection.
    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.
    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: The Commission will submit this information 
collection to the Office of Management and Budget (OMB) as a revision 
after this comment period to obtain the full three year clearance from 
OMB. Under this information collection, the Communications Act of 1934, 
as amended, requires the ``preservation and advancement of universal 
service.'' 47 U.S.C. 254(b). The information collection requirements 
reported under this collection are the result of the Federal 
Communications Commission's (the Commission) actions to promote the 
Act's universal service goals.
    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), 
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 poses 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 (CAA), 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 and making clear that schools, libraries, and health 
care providers are eligible to receive Reimbursement Program support to 
the extent they qualify as

[[Page 14006]]

providers of advanced communications services. 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 
Commission adopted a Third Report and Order on July 13, 2021, 
implementing the amendments to the Secure Networks Act by the CAA for 
the Reimbursement Program. See Protecting Against National Security 
Threats to the Communications Supply Chain Through FCC Programs, WC 
Docket No. 18-89, Third Report and Order, FCC 21-86 (rel. July 14, 
2021) (Third Report and Order).
    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). 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, 35 FCC Rcd at 14370, at para. 215.
    The Commission therefore propose to revise this information 
collection, as well as Form 5460, to reflect this new requirement 
contained in the Public Notice released by the Bureau on August 3, 
2021. This Public Notice, among other things, requires 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. 2022-05120 Filed 3-10-22; 8:45 am]
BILLING CODE 6712-01-P


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