Wireline Competition Bureau Reminds Secure and Trusted Communications Networks Reimbursement Program Recipients of Their Status Update Filing Obligation, 59327-59329 [2022-21197]
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.). This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
TABLE 1 TO PARAGRAPH (A)—
Continued
Parts per
million
Commodity
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1 There
are no U.S. registrations for these commodities as of September 30, 2022.
*
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[FR Doc. 2022–21186 Filed 9–29–22; 8:45 am]
BILLING CODE 6560–50–P
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 15, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.499, amend Table 1 to
Paragraph (a) by adding in alphabetical
order the entries ‘‘Kale’’, ‘‘Leek’’, and
‘‘Onion, bulb, crop subgroup 3–07A’’
and footnote 1 to read as follows:
■
§ 180.499 Propamocarb; tolerances for
residues.
(a) * * *
TABLE 1 TO PARAGRAPH (A)
Parts per
million
jspears on DSK121TN23PROD with RULES
Commodity
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Kale1 ...................................................
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Leek 1 ...................................................
Onion, bulb, crop subgroup 3–07A 1 ...
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[WC Docket No. 18–89; DA 22–967; FR ID
106418]
Wireline Competition Bureau Reminds
Secure and Trusted Communications
Networks Reimbursement Program
Recipients of Their Status Update
Filing Obligation
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Wireline Competition Bureau (Bureau)
reminds Recipients in the Secure and
Trusted Communications Networks
Reimbursement Program
(Reimbursement Program) of their
obligation to file status updates with the
Federal Communications Commission
(Commission or FCC) every 90 days,
beginning on the date on which the
Bureau approved Recipients’
applications, until the obligation to file
expires. Because Recipients’
applications were approved on July 15,
2022, all initial status updates are due
on October 13, 2022.
DATES: The final rule is effective on
September 30, 2022. All initial status
updates are due on October 13, 2022.
FOR FURTHER INFORMATION CONTACT:
Callie Coker, Wireline Competition
Bureau, at 202–418–2793, Callie.Coker@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Bureau’s document in
WC Docket No. 18–89; DA 22–967,
released on September 16, 2022. The
full text of this document is available at
the following internet address: https://
www.fcc.gov/document/supply-chainreimbursement-program-status-updatedeadline-reminder. To request materials
in accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
email to FCC504@fcc.gov or call the
Consumer & Governmental Affairs
SUMMARY:
PO 00000
Frm 00035
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59327
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
1. By this document, the Bureau
reminds Recipients in the
Reimbursement Program of their
obligation to file status updates with the
Commission every 90 days, beginning
on the date on which the Bureau
approved Recipients’ applications, until
the obligation to file expires. Because
Recipients’ applications were approved
on July 15, 2022, all initial status
updates are due on October 13, 2022. As
required by the Secure and Trusted
Communications Networks Act of 2019,
as amended (Secure Networks Act), the
status updates must inform the
Commission about the work of the
Recipient to permanently remove,
replace, and dispose of the covered
communications equipment or services,
which for the purposes of the
Reimbursement Program means all
communications equipment or services
produced or provided by Huawei
Technologies Company or ZTE
Corporation and obtained on or before
June 30, 2020 (covered communications
equipment or services.
2. Background. As directed in the
Secure Networks Act, the Commission
established the Reimbursement Program
to reimburse providers of advanced
communications services with ten
million or fewer customers for
reasonable costs incurred in the
removal, replacement, and disposal of
covered communications equipment or
services from their networks that pose a
national security risk. In the 2020
Supply Chain Order, 86 FR 2904
(January 13, 2021), the Commission
established and adopted rules for the
Reimbursement Program, revised these
rules in the 2021 Supply Chain Order,
86 FR 46995, August 23, 2021, and
subsequently provided additional
guidance on the application,
reimbursement, and disposal process.
On July 15, 2022, the Bureau issued
decisions approving and denying
applications submitted for
Reimbursement Program support.
Recipients were announced in a Public
Notice released by the Bureau on July
18, 2022.
3. The Secure Networks Act requires
that ‘‘[n]ot less frequently than once
every 90 days beginning on the date on
which the Commission approves an
application for a reimbursement under
the [Reimbursement] Program, the
recipient of the reimbursement shall
submit to the Commission a status
update on the work of the recipient to
permanently remove, replace, and
dispose of the covered communications
equipment or services.’’ The Secure
Networks Act also provides that ‘‘[n]ot
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
earlier than 30 days after the date on
which the Commission receives a status
update,’’ the Commission ‘‘shall make
such status update public on the
website of the Commission.’’ In the 2020
Supply Chain Order, the Commission
required Recipients to file the first
status updates within 90 days of
receiving their funding allocations.
4. Status Updates Obligation. In
accordance with the Secure Networks
Act and Commission rules, each
Recipient must regularly submit status
updates beginning on October 13, 2022,
and then every 90 days thereafter until
the Recipient has notified the
Commission of the completion of the
permanent removal, replacement, and
disposal of the covered communications
equipment or service pursuant to a final
certification. The Commission has
interpreted the Secure Networks Act as
permitting the Commission to require
the first status update filing 90 days
after the approval of applications for
reimbursement, and also that the
updates be filed at least every 90 days.
In the 2020 Supply Chain Order, the
Commission noted that status updates
‘‘will help the Commission monitor the
overall pace of the removal,
replacement, and disposal [(RRD)]
process and whether recipients are
acting consistently with the timelines
provided to the Commission or whether
unexpected challenges are causing
delay.’’ Furthermore, due to the
importance of status updates in the
Commission’s role to monitor
Recipients’ implementation of their RRD
timelines, we clarify that while
Recipients may submit status updates
more frequently than every 90 days,
they must file status updates every 90
days to satisfy their obligation. As such,
we make a procedural revision to
§ 1.50004(k) to clarify that Recipients
must file a status update with the
Commission 90 days after the date on
which the Bureau approves the
Recipient’s application, and every 90
days thereafter until the expiration of
the obligation to file. This revision is
permissible without notice and
comment because the timeframe in
which a Recipient must file its periodic
reports under § 1.50004(k) of the
Commission’s rules is a procedural rule.
This rule modification will ensure that
the status updates provide the Bureau
with the information it needs to perform
the assessments contemplated by the
Secure Networks Act and the
Commission’s orders and rules. For
instance, if a Recipient filed its first
status update on October 13, 2022, and
filed its second on October 27, 2022, the
second report would provide little
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16:09 Sep 29, 2022
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insight into how much progress the
Recipient has made on the permanent
removal, replacement, and disposal of
the covered communications equipment
and services in its network since the
first 90-day reporting period.
5. Recipients are required to report on
their ‘‘work to permanently remove,
replace, and dispose of the covered
communications equipment or services’’
in their communications networks,
including the efforts undertaken and
challenges encountered in performing
that work. The status updates must also
include whether the Recipient has: (1)
fully complied with, or is in the process
of complying with, all requirements of
the Reimbursement Program; (2) fully
complied with, or is in the process of
complying with, the commitments made
in the Recipient’s application; (3)
permanently removed from its
communications network, replaced, and
disposed of, or is in the process of
permanently removing, replacing, and
disposing of, all covered
communications equipment or services
that were in the Recipient’s network as
of the date of the submission of the
Recipient’s application; and (4) fully
complied with, or is in the process of
complying with, the timeline submitted
by the Recipient in their application.
We remind Recipients that timelines
submitted to the Commission outlining
the Recipient’s RRD process must
comport with the Recipient’s deadline
to complete the permanent removal,
replacement, and disposal of covered
communications equipment and
services, which is one year from its
initial distribution of a reimbursement.
Recipients shall also report in detail on
the availability of replacement
equipment in the marketplace so the
Commission can assess whether a
general, six-month extension permitted
by the statute is appropriate. Lastly,
each status update must include a
certification that affirms the information
in the update is accurate.
6. The Bureau issued decisions
approving and denying applications
submitted for Reimbursement Program
support on July 15, 2022. As such,
Recipients must submit their first status
updates on October 13, 2022, and
thereafter every 90 days until the
expiration of the obligation to file. The
obligation to file status updates expires
after the Recipient has notified the
Commission of the completion of the
permanent removal, replacement, and
disposal of the covered communications
equipment or service pursuant to a final
certification. Recipients will submit
status updates through the online portal,
https://fccprod.servicenowservices.com/
scrp (SCRP Online Portal) by
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
completing FCC Form 5640 Part K:
Status Updates.
7. Public Posting and Requests for
Confidentiality. Consistent with the
Secure Networks Act, the Bureau will
make the Recipients’ status updates
public by publishing them on the
Commission’s website no earlier than 30
days after the 90-day filing deadline. A
link to the public status updates will be
provided on the Commission’s
Reimbursement Program web page,
https://www.fcc.gov/supplychain. For
administrative ease, we clarify that if a
Recipient opts to file multiple status
updates within a particular 90-day
period (e.g., a status update filed at the
30-day mark prior to filing the
mandatory status update at the 90-day
mark), we will post all status updates
filed for a given 90-day period to the
Commission’s website no earlier than 30
days after the close of that period. We
also correct a discrepancy between
§ 1.50004(k)(2) of the Commission’s
rules and section 4(d)(8)(B) of the
Secure Networks Act regarding the
timing by which the Commission must
post the status updates to its website. To
comply with the Secure Networks Act,
we clarify that the Bureau will publicly
post the status update filings on the
Commission’s website no earlier than 30
days after the close of the 90-day period
covered by the status update. This
revision is permissible without notice
and comment because § 1.50004(k)(2) is
a procedural rule. Further, we find that
notice and comment is not necessary
under the ‘‘good cause’’ exception of the
Administrative Procedure Act because
the revision modifies the rule to be
consistent with the statutory
requirement.
8. Consistent with this requirement,
we remind Recipients that status
updates submitted to the Commission
are public. We believe that most
Recipients will be able to comply with
the content requirements for status
updates without including details that
the Commission has determined are
presumptively confidential. For
instance, we believe that Recipients may
comply with the content requirements
of status updates without disclosing
vendor price quotes; invoices; detailed
accounting information on the covered
communications equipment and
services removed, replaced, and
disposed of, and the replacement
equipment or services purchased,
rented, leased, or otherwise obtained
using Reimbursement Program funds;
the address, latitude/longitude of
equipment or service locations;
sensitive information in removal or
replacement plans; specific equipment
or service types; or the specific details
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
of removal, replacement, and disposal
timeliness. Recipients that need to
include confidential information to
accurately and fully report on the status
of their removal, replacement, and
disposal work, any challenges
encountered in performing that work, or
other status report content requirements
must request confidential treatment of
those details pursuant to § 0.459 of the
Commission’s rules. In addition to the
content requirements of § 0.459 of the
Commission’s rules, Recipients should
include the SCRP application numbers
applicable to the status update and the
Recipient’s FCC Registration number in
their requests for confidential treatment.
Requests for confidential treatment must
be submitted by filing a written request
electronically in WC Docket No. 18–89
in the Commission’s Electronic
Comments Filing System (ECFS),
https://www.fcc.gov/ecfs. Recipients
should file any such requests for
confidential treatment concurrently
with submission of the corresponding
status update on the SCRP Online
Portal. Recipients must attach to their
filings a version of their status updates
that redacts the specific information for
which they are seeking confidential
treatment. Recipients may download a
PDF copy of their completed status
updates from the SCRP Online Portal to
redact and submit with requests for
confidential treatment. We remind
Recipients that requests for confidential
treatment and associated redactions that
are overbroad or otherwise inconsistent
with the Commission’s rules will be
rejected. The Bureau will post the
redacted version of a status update for
which confidential treatment has been
sought on the Commission’s website.
9. The final regulations at the end of
this document reflect the two
procedural rule changes for the
Reimbursement Program adopted
herein. The updated rules will become
effective upon publication in the
Federal Register.
10. Additional Information and
Resources. Recipients with questions
may contact the Fund Administrator
Help Desk by email at
SCRPFundAdmin@fcc.gov or by calling
(202) 418–7540 from 9:00 a.m. ET to
5:00 p.m. ET, Monday through Friday,
except for Federal holidays. General
information and Commission
documents regarding the
Reimbursement Program are available
on the Reimbursement Program web
page, https://www.fcc.gov/supplychain.
11. The Commission will not send a
copy of this document to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act (CRA), see 5 U.S.C. 801(a)(1)(A),
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16:09 Sep 29, 2022
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because it does not adopt any rule as
defined in the CRA, 5 U.S.C. 804(3).
List of Subjects in 47 CFR Part 1
Communications, Communications
common carriers, Communications
equipment, Telecommunications,
Telephone.
(47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C.
2461 note, unless otherwise noted)
Federal Communications Commission.
Pamela Arluk,
Chief, Competition Policy Division, Wireline
Competition Bureau.
Final Regulations
For the reasons stated in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 as
follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461 note, unless otherwise noted.
2. Amend § 1.50004 by revising
paragraphs (k) introductory text and
(k)(2) to read as follows:
■
§ 1.50004 Secure and Trusted
Communications Networks Reimbursement
Program.
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(k) Status updates. Reimbursement
Program recipients must file a status
update with the Commission 90 days
after the date on which the Wireline
Competition Bureau approves the
recipient’s application for
reimbursement and every 90 days
thereafter, until the recipient has filed
the final certification.
*
*
*
*
*
(2) The Wireline Competition Bureau
will publicly post on the Commission’s
website the status update filings no
earlier than 30 days after submission.
*
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*
*
*
[FR Doc. 2022–21197 Filed 9–29–22; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 4
[PS Docket No. 21–346; PS Docket No. 15–
80; ET Docket No. 04–35; FCC 22–50; FR
ID 103483]
Disruptions to Communications
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
PO 00000
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59329
In this document, the Federal
Communications Commission
(Commission or FCC) takes steps to
improve the reliability and resiliency of
commercial wireless networks by
codifying key provisions of the 2016
Wireless Resiliency Cooperative
Framework (Framework). The
Commission mandates key provisions of
the Framework for all facilities-based
wireless providers, expands the
conditions that trigger its activation,
adopts testing and reporting
requirements, and codifies these
modifications in a new ‘‘Mandatory
Disaster Response Initiative’’ (MDRI).
DATES: The final rule is effective
October 31, 2022.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Erika Olsen, Acting
Division Chief, Cybersecurity and
Communications Reliability Division,
Public Safety and Homeland Security
Bureau, (202) 418–2868 or via email at
Erika.Olsen@fcc.gov or Logan Bennett,
Attorney-Advisor, Cybersecurity and
Communications Reliability Division,
Public Safety and Homeland Security
Bureau, (202) 418–7790 or via email at
Logan.Bennett@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order (RO), FCC 22–50, adopted
June 27, 2022, and released July 6, 2022.
The full text of this document is
available by downloading the text from
the Commission’s website at: https://
docs.fcc.gov/public/attachments/FCC22-50A1.pdf. When the FCC
Headquarters reopens to the public, the
full text of this document will also be
available for public inspection and
copying during regular business hours
in the FCC Reference Center, 45 L Street
NE, Washington, DC 20554.
Congressional Review Act: The
Commission has determined, and the
Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB), concurs, that this rule is nonmajor under the Congressional Review
Act, 5 U.S.C. 804(2). The Commission
will send a copy of the Report and
Order to Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
SUMMARY:
Synopsis
1. This document requires that all
facilities-based mobile wireless
providers, including each such
signatory to the Framework, comply
with the MDRI. As explained below, we
find that the incremental costs imposed
on facilities-based mobile wireless
providers by these new requirements
E:\FR\FM\30SER1.SGM
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Agencies
[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59327-59329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21197]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WC Docket No. 18-89; DA 22-967; FR ID 106418]
Wireline Competition Bureau Reminds Secure and Trusted
Communications Networks Reimbursement Program Recipients of Their
Status Update Filing Obligation
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
reminds Recipients in the Secure and Trusted Communications Networks
Reimbursement Program (Reimbursement Program) of their obligation to
file status updates with the Federal Communications Commission
(Commission or FCC) every 90 days, beginning on the date on which the
Bureau approved Recipients' applications, until the obligation to file
expires. Because Recipients' applications were approved on July 15,
2022, all initial status updates are due on October 13, 2022.
DATES: The final rule is effective on September 30, 2022. All initial
status updates are due on October 13, 2022.
FOR FURTHER INFORMATION CONTACT: Callie Coker, Wireline Competition
Bureau, at 202-418-2793, [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's document
in WC Docket No. 18-89; DA 22-967, released on September 16, 2022. The
full text of this document is available at the following internet
address: https://www.fcc.gov/document/supply-chain-reimbursement-program-status-update-deadline-reminder. 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 & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
1. By this document, the Bureau reminds Recipients in the
Reimbursement Program of their obligation to file status updates with
the Commission every 90 days, beginning on the date on which the Bureau
approved Recipients' applications, until the obligation to file
expires. Because Recipients' applications were approved on July 15,
2022, all initial status updates are due on October 13, 2022. As
required by the Secure and Trusted Communications Networks Act of 2019,
as amended (Secure Networks Act), the status updates must inform the
Commission about the work of the Recipient to permanently remove,
replace, and dispose of the covered communications equipment or
services, which for the purposes of the Reimbursement Program means all
communications equipment or services produced or provided by Huawei
Technologies Company or ZTE Corporation and obtained on or before June
30, 2020 (covered communications equipment or services.
2. Background. As directed in the Secure Networks Act, the
Commission established the Reimbursement Program to reimburse providers
of advanced communications services with ten million or fewer customers
for reasonable costs incurred in the removal, replacement, and disposal
of covered communications equipment or services from their networks
that pose a national security risk. In the 2020 Supply Chain Order, 86
FR 2904 (January 13, 2021), the Commission established and adopted
rules for the Reimbursement Program, revised these rules in the 2021
Supply Chain Order, 86 FR 46995, August 23, 2021, and subsequently
provided additional guidance on the application, reimbursement, and
disposal process. On July 15, 2022, the Bureau issued decisions
approving and denying applications submitted for Reimbursement Program
support. Recipients were announced in a Public Notice released by the
Bureau on July 18, 2022.
3. The Secure Networks Act requires that ``[n]ot less frequently
than once every 90 days beginning on the date on which the Commission
approves an application for a reimbursement under the [Reimbursement]
Program, the recipient of the reimbursement shall submit to the
Commission a status update on the work of the recipient to permanently
remove, replace, and dispose of the covered communications equipment or
services.'' The Secure Networks Act also provides that ``[n]ot
[[Page 59328]]
earlier than 30 days after the date on which the Commission receives a
status update,'' the Commission ``shall make such status update public
on the website of the Commission.'' In the 2020 Supply Chain Order, the
Commission required Recipients to file the first status updates within
90 days of receiving their funding allocations.
4. Status Updates Obligation. In accordance with the Secure
Networks Act and Commission rules, each Recipient must regularly submit
status updates beginning on October 13, 2022, and then every 90 days
thereafter until the Recipient has notified the Commission of the
completion of the permanent removal, replacement, and disposal of the
covered communications equipment or service pursuant to a final
certification. The Commission has interpreted the Secure Networks Act
as permitting the Commission to require the first status update filing
90 days after the approval of applications for reimbursement, and also
that the updates be filed at least every 90 days. In the 2020 Supply
Chain Order, the Commission noted that status updates ``will help the
Commission monitor the overall pace of the removal, replacement, and
disposal [(RRD)] process and whether recipients are acting consistently
with the timelines provided to the Commission or whether unexpected
challenges are causing delay.'' Furthermore, due to the importance of
status updates in the Commission's role to monitor Recipients'
implementation of their RRD timelines, we clarify that while Recipients
may submit status updates more frequently than every 90 days, they must
file status updates every 90 days to satisfy their obligation. As such,
we make a procedural revision to Sec. 1.50004(k) to clarify that
Recipients must file a status update with the Commission 90 days after
the date on which the Bureau approves the Recipient's application, and
every 90 days thereafter until the expiration of the obligation to
file. This revision is permissible without notice and comment because
the timeframe in which a Recipient must file its periodic reports under
Sec. 1.50004(k) of the Commission's rules is a procedural rule. This
rule modification will ensure that the status updates provide the
Bureau with the information it needs to perform the assessments
contemplated by the Secure Networks Act and the Commission's orders and
rules. For instance, if a Recipient filed its first status update on
October 13, 2022, and filed its second on October 27, 2022, the second
report would provide little insight into how much progress the
Recipient has made on the permanent removal, replacement, and disposal
of the covered communications equipment and services in its network
since the first 90-day reporting period.
5. Recipients are required to report on their ``work to permanently
remove, replace, and dispose of the covered communications equipment or
services'' in their communications networks, including the efforts
undertaken and challenges encountered in performing that work. The
status updates must also include whether the Recipient has: (1) fully
complied with, or is in the process of complying with, all requirements
of the Reimbursement Program; (2) fully complied with, or is in the
process of complying with, the commitments made in the Recipient's
application; (3) permanently removed from its communications network,
replaced, and disposed of, or is in the process of permanently
removing, replacing, and disposing of, all covered communications
equipment or services that were in the Recipient's network as of the
date of the submission of the Recipient's application; and (4) fully
complied with, or is in the process of complying with, the timeline
submitted by the Recipient in their application. We remind Recipients
that timelines submitted to the Commission outlining the Recipient's
RRD process must comport with the Recipient's deadline to complete the
permanent removal, replacement, and disposal of covered communications
equipment and services, which is one year from its initial distribution
of a reimbursement. Recipients shall also report in detail on the
availability of replacement equipment in the marketplace so the
Commission can assess whether a general, six-month extension permitted
by the statute is appropriate. Lastly, each status update must include
a certification that affirms the information in the update is accurate.
6. The Bureau issued decisions approving and denying applications
submitted for Reimbursement Program support on July 15, 2022. As such,
Recipients must submit their first status updates on October 13, 2022,
and thereafter every 90 days until the expiration of the obligation to
file. The obligation to file status updates expires after the Recipient
has notified the Commission of the completion of the permanent removal,
replacement, and disposal of the covered communications equipment or
service pursuant to a final certification. Recipients will submit
status updates through the online portal, https://fccprod.servicenowservices.com/scrp (SCRP Online Portal) by completing
FCC Form 5640 Part K: Status Updates.
7. Public Posting and Requests for Confidentiality. Consistent with
the Secure Networks Act, the Bureau will make the Recipients' status
updates public by publishing them on the Commission's website no
earlier than 30 days after the 90-day filing deadline. A link to the
public status updates will be provided on the Commission's
Reimbursement Program web page, https://www.fcc.gov/supplychain. For
administrative ease, we clarify that if a Recipient opts to file
multiple status updates within a particular 90-day period (e.g., a
status update filed at the 30-day mark prior to filing the mandatory
status update at the 90-day mark), we will post all status updates
filed for a given 90-day period to the Commission's website no earlier
than 30 days after the close of that period. We also correct a
discrepancy between Sec. 1.50004(k)(2) of the Commission's rules and
section 4(d)(8)(B) of the Secure Networks Act regarding the timing by
which the Commission must post the status updates to its website. To
comply with the Secure Networks Act, we clarify that the Bureau will
publicly post the status update filings on the Commission's website no
earlier than 30 days after the close of the 90-day period covered by
the status update. This revision is permissible without notice and
comment because Sec. 1.50004(k)(2) is a procedural rule. Further, we
find that notice and comment is not necessary under the ``good cause''
exception of the Administrative Procedure Act because the revision
modifies the rule to be consistent with the statutory requirement.
8. Consistent with this requirement, we remind Recipients that
status updates submitted to the Commission are public. We believe that
most Recipients will be able to comply with the content requirements
for status updates without including details that the Commission has
determined are presumptively confidential. For instance, we believe
that Recipients may comply with the content requirements of status
updates without disclosing vendor price quotes; invoices; detailed
accounting information on the covered communications equipment and
services removed, replaced, and disposed of, and the replacement
equipment or services purchased, rented, leased, or otherwise obtained
using Reimbursement Program funds; the address, latitude/longitude of
equipment or service locations; sensitive information in removal or
replacement plans; specific equipment or service types; or the specific
details
[[Page 59329]]
of removal, replacement, and disposal timeliness. Recipients that need
to include confidential information to accurately and fully report on
the status of their removal, replacement, and disposal work, any
challenges encountered in performing that work, or other status report
content requirements must request confidential treatment of those
details pursuant to Sec. 0.459 of the Commission's rules. In addition
to the content requirements of Sec. 0.459 of the Commission's rules,
Recipients should include the SCRP application numbers applicable to
the status update and the Recipient's FCC Registration number in their
requests for confidential treatment. Requests for confidential
treatment must be submitted by filing a written request electronically
in WC Docket No. 18-89 in the Commission's Electronic Comments Filing
System (ECFS), https://www.fcc.gov/ecfs. Recipients should file any
such requests for confidential treatment concurrently with submission
of the corresponding status update on the SCRP Online Portal.
Recipients must attach to their filings a version of their status
updates that redacts the specific information for which they are
seeking confidential treatment. Recipients may download a PDF copy of
their completed status updates from the SCRP Online Portal to redact
and submit with requests for confidential treatment. We remind
Recipients that requests for confidential treatment and associated
redactions that are overbroad or otherwise inconsistent with the
Commission's rules will be rejected. The Bureau will post the redacted
version of a status update for which confidential treatment has been
sought on the Commission's website.
9. The final regulations at the end of this document reflect the
two procedural rule changes for the Reimbursement Program adopted
herein. The updated rules will become effective upon publication in the
Federal Register.
10. Additional Information and Resources. Recipients with questions
may contact the Fund Administrator Help Desk by email at
[email protected] or by calling (202) 418-7540 from 9:00 a.m. ET to
5:00 p.m. ET, Monday through Friday, except for Federal holidays.
General information and Commission documents regarding the
Reimbursement Program are available on the Reimbursement Program web
page, https://www.fcc.gov/supplychain.
11. The Commission will not send a copy of this document to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act (CRA), see 5 U.S.C. 801(a)(1)(A), because it
does not adopt any rule as defined in the CRA, 5 U.S.C. 804(3).
List of Subjects in 47 CFR Part 1
Communications, Communications common carriers, Communications
equipment, Telecommunications, Telephone.
(47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, unless otherwise
noted)
Federal Communications Commission.
Pamela Arluk,
Chief, Competition Policy Division, Wireline Competition Bureau.
Final Regulations
For the reasons stated in the preamble, the Federal Communications
Commission amends 47 CFR part 1 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note,
unless otherwise noted.
0
2. Amend Sec. 1.50004 by revising paragraphs (k) introductory text and
(k)(2) to read as follows:
Sec. 1.50004 Secure and Trusted Communications Networks Reimbursement
Program.
* * * * *
(k) Status updates. Reimbursement Program recipients must file a
status update with the Commission 90 days after the date on which the
Wireline Competition Bureau approves the recipient's application for
reimbursement and every 90 days thereafter, until the recipient has
filed the final certification.
* * * * *
(2) The Wireline Competition Bureau will publicly post on the
Commission's website the status update filings no earlier than 30 days
after submission.
* * * * *
[FR Doc. 2022-21197 Filed 9-29-22; 8:45 am]
BILLING CODE 6712-01-P