Secure and Trusted Communications Networks Reimbursement Program: FCC Form 5640 User Guide Secure and Trusted Communications Networks Reimbursement Program FCC Form 5640 User Guide A step-by-step guide for completing FCC Form 5640: Invoice Deadline Extension OMB Control No. 3060-1270 1 Updated as of 1/31/2024 Secure and Trusted Communications Networks Reimbursement Program: FCC Form 5640 User Guide Table of Contents Background ................................................................................................................................................ 3 Purpose and Scope of this User Guide .................................................................................................... 4 Instructions for Requesting an Invoice Deadline Extension .................................................................. 5 2 Updated as of 1/31/2024 Secure and Trusted Communications Networks Reimbursement Program: FCC Form 5640 User Guide Background The Secure and Trusted Communications Networks Act of 2019 (Secure Networks Act), as amended, directed the Federal Communications Commission (FCC or Commission) to establish the Secure and Trusted Communications Networks Reimbursement Program (Reimbursement Program or SCRP).1 The purpose of the Reimbursement Program is to reimburse providers of advanced communications services with ten million or fewer customers for costs reasonably incurred in the removal, replacement, and disposal of communications equipment or services produced or provided by Huawei Technologies Company (Huawei) or ZTE Corporation (ZTE) (or their parents, subsidiaries, or affiliates) and obtained on or before June 30, 2020 (Covered Communications Equipment or Services).2 In the 2020 Supply Chain Order, the Commission adopted rules for the Reimbursement Program, which are codified in section 1.50004 of its rules.3 The Commission revised these rules in the 2021 Supply Chain Order and provided additional guidance on the application and reimbursement process in the Finalized Reimbursement Process Public Notice, including FCC Form 5640 Part C: Application Request for Funding Allocation (FCC Form 5640 Part C) and a Catalog of Eligible Expenses and Estimated Costs (Cost Catalog), and separately on the disposal process.4 On July 15, 2022, the Wireline Competition Bureau (Bureau) issued decisions approving and denying applications submitted for Reimbursement Program support. Applicants that were 1 Secure and Trusted Communications Act of 2019, Pub. L. No. 116-124, 134 Stat. 158 (2020) (codified as amended at 47 U.S.C. § 1601-1609) (Secure and Trusted Communications Networks Act); Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, § 901, 134 Stat. 1182 (2020) (CAA). 2 Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs, WC Docket No. 18-89, Third Report and Order, 36 FCC Rcd 11958, 11965-78, 11922-96, paras. 18-46, 85-94 (2021) (2021 Supply Chain Order); see also 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, 14309-10, paras. 51-54 (2020) (2020 Supply Chain Order) (interpreting “communications equipment or service”). 3 47 CFR § 1.50004; 2020 Supply Chain Order, 35 FCC Rcd at 14374-83, Appx. A. 4 2021 Supply Chain Order, at Appx. A; Wireline Competition Bureau Finalizes Application Filings, Procedures, Cost Catalog, and Replacement List for the Secure and Trusted Communications Networks Reimbursement Program, WC Docket No. 18-89, Public Notice, 36 FCC Rcd 12190 (WCB Aug. 3, 2021) (Finalized Reimbursement Process Public Notice); Wireline Competition Bureau Announces Best Practices for Equipment Disposal and Revises FCC Form 5640 Certifications for the Secure and Trusted Communications Networks Reimbursement Program, WC Docket No. 18-89, Public Notice, 36 FCC Rcd 14061 (WCB Sept. 30, 2021). 3 Updated as of 1/31/2024 Secure and Trusted Communications Networks Reimbursement Program: FCC Form 5640 User Guide approved to receive an allocation (Recipients)5 received an approval email from the Bureau and the Bureau announced these allocations in a July 18, 2022 Public Notice.6 Purpose and Scope of this User Guide This document is a guide for Recipients to consult when submitting an FCC Form 5640: Invoice Deadline Extension (Invoice Deadline Extension). All Reimbursement Claim Requests (i.e., invoices) must be filed no later than 120 days following the expiration of the Removal, Replacement, and Disposal term (RRD Term).7 If a Recipient receives an extension to its RRD Term, the corresponding 120-day reimbursement claim deadline will be automatically extended.8 Recipients may submit a one-time request to extend their invoice deadline for an additional 120 days. A request for an extension of the invoice deadline must be submitted before the initial Reimbursement Claim Deadline passes, or the request will not be deemed timely. This User Guide provides informal guidance intended to assist Recipients as they proceed with this Reimbursement Program process and does not constitute legal advice. Recipients remain solely responsible for reviewing and complying with all statutory provisions, rules, FCC precedent, and program procedures. 5 The Secure Networks Act defines “recipient” as “any provider of advanced communications service the application of which for a reimbursement under the [Reimbursement] Program has been approved by the Commission, regardless of whether the provider has received reimbursement funds.” 47 U.S.C. § 1608(11); see also 47 CFR § 1.50001 (“The term ‘Reimbursement Program recipient’ or ‘recipient’ means any eligible advanced communications service provider that has requested via application and been approved for funding in the Reimbursement Program, regardless of whether the provider has received reimbursement funds.”). 6 Wireline Competition Bureau Announces the Grant of Applications for the Secure and Trusted Communications Networks Reimbursement Program, WC Docket No. 18-89, Public Notice, DA 22-774 (WCB July 18, 2022). 7 A recipient has one year from the date on which the Commission first distributes funds to the recipient to complete the permanent removal, replacement, and disposal of the covered communications equipment and services (RRD Term), unless that deadline is extended by the FCC. 47 CFR § 1.50004(h); 2020 Supply Chain Order, 35 FCC Rcd at 14291-92, para. 20. 8 The Commission may extend the Removal, Replacement, and Disposal term for all recipients by six months if it “finds that the supply of replacement equipment or services needed by the recipients to achieve the purposes of the Program is inadequate to meet the needs of the recipients.” 47 U.S.C. § 1603(d)(6)(B)(i); 47 CFR § 1.50004(h)(1). The Bureau may also grant a petition filed by a Recipient for an individual extension of up to six months “if the Bureau finds that, due to no fault of such recipient, such recipient is unable to complete the permanent removal, replacement, and disposal” of covered communications equipment and services within one year from their initial disbursement of reimbursement funds. 47 U.S.C. § 1603(d)(6)(C); 47 CFR § 1.50004(h)(2). 4 Updated as of 1/31/2024 Secure and Trusted Communications Networks Reimbursement Program: FCC Form 5640 User Guide Instructions for Requesting an Invoice Deadline Extension After their first reimbursement claim has been Mala Geoscience reimbursed, Recipients can return to the SCRP Online Portal to complete an Invoice Deadline Extension request form. To begin the Invoice Deadline Extension request process, the Recipient will log into the SCRP Online Portal and navigate to the Program Participant File. After opening this file, the Recipient will click “Create New Filing” then click Invoice Deadline Extension (Figure 1). Figure 1: Invoice Deadline Extension Applicant Information The Recipient will begin this section by ensuring that the “Applicant Information” (Figure 2) is accurate, including FRN, Applicant Name, Email, Phone Number, Street Name, City, State, and Zip Code. This information will be automatically populated from the FCC Form 5640 Part C filing. Contact Information Figure 2: Applicant Information In this section, the Recipient will input the “Contact Information” (Figure 3). This information may be automatically populated from Part C by clicking the “Is the contact the same as the contact listed on the Application Request for Funding Allocation” checkbox, but Recipients will have the ability to edit the information, if Figure 3: Contact Information necessary. If the Recipient needs to manually input its contact If the contact representative is different from the contact listed in the Applicant information, it will complete the Information section, the Recipient should update this section and ensure that following fields: Contact Name, Email, the point of contact listed is easily contactable through the information Phone Number, Street Name, City, provided. State (utilizing the drop-down menu), and Zip Code. 5 Updated as of 1/31/2024 Secure and Trusted Communications Networks Reimbursement Program: FCC Form 5640 User Guide Invoice Deadline Request In this section, the “New Invoicing Deadline” will be automatically populated to reflect 120 days after the “Current Invoicing Deadline” Figure 4: Invoice Deadline Request (Figure 4). The Recipient should take note of its new invoicing deadline. Certifier Information The Recipient Certifying Official must certify to the accuracy of the Recipient’s Invoice Deadline Extension request form by ticking the box in the Certifications section and completing the Certifier Information section Figure 5: Certifier Information (Figure 5). The “Date Signed” field will automatically populate. This section is the equivalent of electronically signing the Invoice Deadline Extension request form. Once ready to submit, Recipients will then submit their Invoice Deadline Extension request form by clicking on the blue “Submit” button on the bottom right of the page. 6 Updated as of 1/31/2024