Federal Communications Commission DA 21-1207 DA 21-1207 Released: September 27, 2021 WIRELINE COMPETITION BUREAU ANNOUNCES APPLICATION FILING WINDOW FOR THE SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT PROGRAM – FILING WINDOW OPENS OCTOBER 29, 2021 WC Docket No. 18-89 By this Public Notice, the Wireline Competition Bureau (Bureau) announces that the application filing window for the Secure and Trusted Communications Networks Reimbursement Program (Reimbursement Program) will open on Friday, October 29, 2021 at 12:00 AM ET and close on Friday, January 14, 2022 at 11:59 PM ET. 47 CFR § 1.50004(b) (“The [Bureau] shall announce the opening of an initial application filing window for eligible providers seeking to participate in the Reimbursement Program . . . .”). As directed by the Secure and Trusted Communications Networks Act of 2019 (Secure Networks Act), as amended, the Commission established the $1.9 billion Reimbursement Program to reimburse providers of advanced communications services with ten million or fewer customers for costs incurred in the removal, replacement, and disposal of covered communications equipment or services from their networks that pose a national security risk. Secure and Trusted Communications Networks Act of 2019, Pub. L. No. 116-124, § 4(a)-(c), 134 Stat. 158 (2020) (codified as amended at 47 U.S.C. §§ 1601–1609) (Secure Networks Act). The Commission implemented the Secure Networks Act on December 10, 2020. 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 7821 (2020). On July 13, 2021, the Commission amended its rules, consistent with amendments to the Secure Networks Act included in the Consolidated Appropriations Act, 2021. 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, 2021 WL 3024271, at 49-51, Appx. A (Jul. 13, 2021) (2021 Supply Chain Order). Covered communication equipment or services eligible for Reimbursement Program support is limited to the communications equipment or services produced or provided by Huawei Technologies Company (Huawei) or ZTE Corporation (ZTE), that were obtained by providers on or before June 30, 2020. 2021 Supply Chain Order, 2021 WL 3024271, at 49-51, Appx. A. See generally Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs – Huawei Designation, PS Docket No. 19-351, Order, 35 FCC Rcd 6604 (PSHSB 2020) (Huawei Designation Order); Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs – ZTE Designation, PS Docket No. 19-352, Order, 35 FCC Rcd 6633 (PSHSB 2020) (ZTE Designation Order). On August 3, 2021, the Bureau adopted the final procedures for the application filing and reimbursement process for the Reimbursement Program. Wireline Competition Bureau Finalizes Application Filings, Procedures, Cost Catalog, and Replacement list for the Secure and Trusted Communications Networks Reimbursement Program, WC Docket 18-89, Public Notice, DA 21-947, 2021 WL 3466248 at *7 (WCB Aug. 3, 2021) (Finalized Reimbursement Process Public Notice). To participate in the Reimbursement Program, eligible providers must file an FCC Form 5640 Application Request for Funding Allocation, 47 CFR § 1.50004(c). using the Bureau’s dedicated online application filing portal, which will be made available on the Reimbursement Program webpage, https://www.fcc.gov/supplychain, when the application filing window opens. Once the application filing window opens, and until the filing window closes, applicants can initiate, save, submit, and make changes to their applications. Finalized Reimbursement Process Public Notice at *7. Once the filing window closes, all applications will be evaluated by the Reimbursement Program Fund Administrator. Based on (1) whether the application is complete; (2) whether the applicant is eligible for the Reimbursement Program; and (3) the reasonableness of the cost estimates provided by the applicant, the Bureau will either grant or deny the application. See 47 CFR § 1.50004(d) (Application Review Process). As required by the Secure Networks Act and the Commission’s rules, applicants whose applications are found materially deficient will have a 15-day opportunity to cure the deficiency before their application is denied. 47 U.S.C. § 1603(d)(3)(B); 47 CFR § 1.50004(d)(1); see also Finalized Reimbursement Process Public Notice at *11-12, para. 35-36. Applicants with granted applications will receive a funding allocation commitment with the United States Treasury based on the approved cost estimates for removing, replacing, and disposing of eligible covered communications equipment and services. To assist applicants with the identification and reporting of cost estimates, the Bureau has adopted a Catalog of Eligible Expenses and Estimated Costs (Catalog) that applicants can rely upon when completing their applications. See Catalog, https://www.fcc.gov/supplychain. Once an allocation is issued, Reimbursement Program participants can then file to receive funding disbursements from their allocation for actual expenses incurred through the Reimbursement Program’s reimbursement claim request filing process. Id. § 1.50004(g). Consistent with the 2021 Supply Chain Order, the Bureau has discretion to set the length of the initial filing window. 2021 Supply Chain Order at 39, para. 95. We believe that the filing window announced herein will ensure applicants have sufficient time to compile the necessary documentation required to meet the filing requirements and to familiarize themselves with the online application portal. Id. Additional Information. For additional information about the Reimbursement Program application and filing process, interested parties should review the Finalized Reimbursement Process Public Notice and visit the Reimbursement Program webpage: https://www.fcc.gov/supplychain. See generally Finalized Reimbursement Process Public Notice. Questions specific to the Reimbursement Program or application process should be directed to the Reimbursement Program Fund Administrator at SCRPFundAdmin@fcc.gov or at (202) 418-7540. For further information regarding this Public Notice, please contact supplychain@fcc.gov. Finally, we announce the publication on the FCC’s supply chain website, https://www.fcc.gov/supplychain, of a comprehensive Frequently Asked Questions (FAQs) list. The FAQs will be updated throughout the Reimbursement Program to ensure consistency with Commission decisions and based on new information. Additionally, we also release an infographic with a timeline of important events in the Reimbursement Program on the Commission’s supply chain website. - FCC - 2