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###### Federal Communications Commission

          - [OMB 3060-1270; FR ID 95496]

# AGENCY:

Federal Communications Commission.

# ACTION:

Notice.

# 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:                         *Callie.Coker@fcc.gov.*

# 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                           ( print 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, §§ 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 § 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]

BILLING CODE 6712-01-P