Wireline Competition Bureau Seeks Comment on Secure and Trusted Communications Networks Reimbursement Program Application Filings and Process
| Published date | 14 June 2021 |
| Record Number | 2021-12385 |
| Section | Proposed rules |
| Court | Federal Communications Commission |
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2
In deciding whether to invoke the exception by
making and publishing a finding that a final action
on these designations is based on a determination
of nationwide scope or effect, the Administrator
will also take into account a number of policy
considerations, including his judgment balancing
the benefit of obtaining the D.C. Circuit’s
authoritative centralized review versus allowing
development of the issue in other contexts and the
best use of Agency resources.
3
In the report on the 1977 Amendments that
revised section 307(b)(1) of the CAA, Congress
noted that the Administrator’s determination that
the ‘‘nationwide scope or effect’’ exception applies
would be appropriate for any action that has a
scope or effect beyond a single judicial circuit. See
H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977
U.S.C.C.A.N. 1402–03. Further, the EPA’s intended
action is in response to a remand from the D.C.
Circuit. As is the case with the EPA’s intended
action on these two designations, challenges to the
EPA’s original action were heard in the D.C. Circuit
because the action was nationally applicable and,
in the alternative, the EPA made and published a
finding that the action was based on a
determination of nationwide scope or effect.
complete discretion afforded to him
under the CAA to make and publish a
finding that the final action (to the
extent a court finds the action to be
locally or regionally applicable) is based
on a determination of ‘‘nationwide
scope or effect’’ within the meaning of
CAA section 307(b)(1).
2
If EPA finalizes
this action, it will designate two areas
for the 2015 ozone NAAQS, located in
two non-adjacent states, in two different
EPA regions, and in two different
federal judicial circuits, that were
remanded to EPA by the D.C. Circuit
Court of Appeals.
3
It would apply a
uniform, nationwide analytical method
and interpretation of CAA section
107(d)(1) to these areas across the
country in a single final action, and the
final action would be based on this
common core of determinations. More
specifically, for example, the final
action would be based on a
determination by the EPA to evaluate
areas nationwide under a common five
factor analysis in determining whether
areas were in violation of or
contributing to an area in violation of
the 2015 Ozone NAAQS at the time of
the April 2018 designations final action.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and
Standards.
[FR Doc. 2021–11456 Filed 6–11–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Chapter 1
[WC Docket No. 18–89; DA 21–607; FR ID
31200]
Wireline Competition Bureau Seeks
Comment on Secure and Trusted
Communications Networks
Reimbursement Program Application
Filings and Process
AGENCY
: Federal Communications
Commission.
ACTION
: Proposed rule; request for
comments.
SUMMARY
: In this document, the
Wireline Competition Bureau (Bureau)
seeks comment on the proposed
application filing process for the $1.9
billion Secure and Trusted
Communications Networks
Reimbursement Program
(Reimbursement Program). The Bureau
also seeks comment on proposed
information fields to be collected on
forms eligible providers of advanced
communications services will be
required to submit to request funding
allocations and disbursements from the
Reimbursement Program.
DATES
: Comments due by June 23, 2021.
ADDRESSES
: Pursuant to §§ 1.415 and
1.419 of the Commission’s rules,
interested parties may submit
comments, identified by WC Docket No.
20–89, and must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission by any of the following
methods:
•Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
www.fcc.gov/ecfs/.
•Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
•Filings can be sent by commercial
overnight courier or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
•Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
•U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
•Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings at its headquarters.
This is a temporary measure taken to
help protect the health and safety of
individuals, and to mitigate the
transmission of COVID–19. See FCC
Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020),
https://www.fcc.gov/document/fcc-
closes-headquarters-open-window-and-
changes-hand-delivery-policy.
•People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov.
FOR FURTHER INFORMATION CONTACT
:
Christopher Koves, Wireline
Competition Bureau, 202–418–7400 or
by emailing supplychain@fcc.gov. The
Commission ask that requests for
accommodations be made as soon as
possible in order to allow the agency to
satisfy such requests whenever possible.
Send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at (202) 418–0530. For
additional information on this matter,
please email supplychain@fcc.gov.
SUPPLEMENTARY INFORMATION
: This is a
synopsis of the Commission’s document
(Public Notice), in WC Docket No. 18–
89; DA 21–607, released May 24, 2021.
Due to the COVID–19 pandemic, the
Commission’s headquarters will be
closed to the general public until further
notice. The full text of this document is
available at the following internet
address: https://www.fcc.gov/document/
wcb-seeks-comment-supply-chain-
reimbursement-program-procedures.
I. Introduction
1. By the Public Notice, the Wireline
Competition Bureau (Bureau) provides
additional details and seeks comments
on the proposed application filing
process for the Reimbursement Program.
The Bureau also seeks comments on
proposed information fields to be
collected on forms eligible providers of
advanced communications services will
be required to submit to request funding
allocations and disbursements from the
Reimbursement Program.
II. Discussion
2. FCC Form 5640—Application
Request for Funding Allocation and
Reimbursement Claim Requests. The
Commission describes the proposed
approach to process and review
application requests for funding
allocations submitted by applicants and
reimbursement claim requests
submitted by participants. The
Commission proposes to issue
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Reimbursement Program funding
allocations to eligible providers based
on the estimated costs identified in their
application for the removal,
replacement, and disposal of eligible
covered communications equipment
and services. The Commission also
proposes to periodically release public
notices announcing grants of funding
allocations. As provided by the
Commission’s rules, once an allocation
is granted recipients can then request
and receive funding disbursements by
filing a Reimbursement Claim Request
showing actual expenses incurred.
Further, per the Commission’s rules,
Reimbursement Program recipients
must file an initial Reimbursement
Claim Request within one year after the
grant of a funding allocation. Recipients
also have one year from the first
disbursement of funds to complete the
permanent removal, replacement, and
disposal of covered communications
equipment or services. While there are
additional filings associated with the
Reimbursement Program, for example,
status updates, spending reports,
extension requests, and a final
certification of project completion, the
Public Notice focuses on the
Application Request for Funding
Allocation and the Reimbursement
Claim Request. After reviewing the
comments received in response to the
Public Notice, the Commission will
release a final public notice announcing
the filing requirements and the
information to be reported in these
filings.
3. Application Request for Funding
Allocation. The Bureau is developing an
online portal through which applicants
and recipients would electronically
submit all filings related to the
Reimbursement Program, including the
Application Request for Funding
Allocation. The Bureau also proposes to
utilize a version of the previously
developed Reimbursement Fund
Administration System (RFAS) to
process requests and coordinate
interactions between program
participants, the Fund Administrator
(Ernst & Young LLP), and the Bureau.
Attached to the Public Notice as
Appendix A are the information fields
the Bureau proposes to collect from
providers seeking a funding allocation
from the Reimbursement Program
through an Application Request for
Funding Allocation including
identifying information, program
eligibility information, allocation
information, and program analysis
information. The Commission seeks
comments on these information fields
and ask whether any of this information
should not be required. Are there
additional information fields applicants
should be required to provide?
4. As required by the Secure Networks
Act and the Commission’s rules, the
Application Request for Funding
Allocation requires applicants to submit
an initial estimate of costs reasonably
incurred for the permanent removal,
replacement, and disposal of covered
communications equipment or services.
While the Commission prefers that
applicants submit estimates based on
detailed engineering analysis and
vendor quotes, applicants may, per the
Commission’s rules, rely upon the
predetermined estimated costs
identified in the final Catalog made
available by the Bureau. The Bureau
plans to subsequently announce the
adoption of the final Catalog in a
forthcoming public notice. The final
Catalog will contain a list of many, but
not necessarily all, of the relevant
expenses.
5. For purposes of reviewing initial
estimated costs, the Commission
proposes to base its evaluation on the
average between the minimum and
maximum costs listed in the cost
estimate range for a particular itemized
expense listed in the Catalog, rather
than allowing applicants to choose any
amount within the cost estimate range.
The Commission believes allowing
applicants to select a cost within the
range would inevitably lead to the
selection of the maximum amount in the
range and could result in a substantial
overestimation of costs upon which
allocations are based, to the detriment of
the Reimbursement Program and other
participants. By using the average cost
estimate, the Commission can mitigate
this concern as well as reduce the
administrative burden on applicants.
However, if an applicant finds a Catalog
cost estimate average does not fully
account for its costs or a cost category
is not identified in the Catalog, the
applicant, in accordance with the
Commission’s rules, can instead provide
its own individualized cost estimate.
Applicants providing individualized
cost estimates would be required to
submit additional supporting
documentation (e.g., vendor quotes) and
certify the cost estimate is made in good
faith, as required by the Commission’s
rules. The Commission proposed
approach to use the average cost
estimate from the Catalog balances the
Commission’s goals of protecting against
waste, fraud, and abuse while
facilitating the production of estimates
of costs reasonably incurred by
applicants. The Commission seeks
comments on these proposals.
6. The Commission further proposes
requiring applicants to identify in their
application for each location site: (1)
Where covered communications
equipment or services are located (e.g.,
address, longitude and latitude, etc.)
and documentation supporting the
acquisition/existence of such covered
equipment or services; and (2) the
itemized cost estimates, taken from the
Catalog where applicable, that are
associated with the removal,
replacement, and disposal of covered
equipment or services at each site. The
Commission also proposes allowing
applicants to report in their applications
non-site specific cost estimates, that is,
network-wide costs that apply to several
site locations such as disposal costs or
software upgrades. To facilitate
application preparation and ease the
filing burden on applicants, the
Commission will evaluate the use of
batch uploads to allow applicants to
provide and generate site-specific
information in the application. The
Commission seeks comments on these
proposals.
7. Applicants are required to provide
certifications pursuant to section 4(d)(4)
of the Secure Networks Act and
§ 1.50004(c) of the Commission’s rules,
47 CFR 1.50004(c), and a plan and
specific timeline for the removal,
replacement, and disposal of the
covered communications equipment or
services. Applicants are also required by
the Commission’s rules to certify in
good faith that: ‘‘(A) it will reasonably
incur the estimated costs claimed as
eligible for reimbursement; (B) it will
use all money received from the
Reimbursement Program only for
expenses eligible for reimbursement; (C)
it will comply with all policies and
procedures relating to allocations, draw
downs, payments, obligations, and
expenditures of money from the
Reimbursement Program; (D) it will
maintain detailed records, including
receipts, of all costs eligible for
reimbursement actually incurred for a
period of 10 years; and (E) it will file all
required documentation for its
expenses.’’
8. The Commission proposes to
require applicants to obtain or utilize an
FCC Registration Number (FRN) issued
by the Commission Registration System
(CORES) to access the online filing
portal to file a Reimbursement Program
application. An FRN is an identifying
number that is assigned to entities doing
business with the Commission. The
Commission also proposes to require
applicants to register with the System
for Award Management (SAM) and
provide the SAM Commercial and
Government Entity (CAGE) Code in
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their applications. SAM is a
government-wide application that
collects, validates, stores, and
disseminates business information
about the federal government’s
contracting partners in support of
federal awards, grants, and electronic
payment processes. Registration in the
SAM provides the Commission with an
authoritative source for information
necessary to provide funding to
applicants and to ensure accurate
reporting pursuant to the Digital
Accountability and Transparency
(DATA) Act. The Commission also
proposes to require applicants to
provide in their application a Data
Universal Numbering System (DUNS)
number or where applicable, the
DUNS+4 number, which provides
banking information to assist the
Commission in the electronic payment
of funds to program recipients. The
Commission seeks comment on these
proposals.
9. Filing Window. Per § 1.50004(b) of
the Commission’s rules, 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.’’ The Bureau
is required to ‘‘treat all eligible
providers filing an application within
any filing window as if their
applications were simultaneously
received’’ and ‘‘[f]unding requests
submitted outside of a filing window
will not be accepted.’’ Thus,
applications submitted after the filing
window closes are considered untimely
and will not be accepted. Once the filing
window opens, the Commission
proposes to allow applicants consisting
of multiple subsidiaries or affiliates to
choose to file at either the holding
company-level or by individual
subsidiary or affiliate. While the filing
window remains open, applicants will
be able to initiate, save, submit, and
make changes to submitted applications
until the filing window closes. The
Commission seeks comments on these
proposals.
10. Reviewing Applications Post-
Filing Window Closure. Consistent with
the Secure Networks Act the
Commission’s rules require the Bureau
to approve or deny ‘‘applications to
receive a funding allocation . . . within
90 days after the close of the applicable
filing window.’’ The Commission
proposes that during this 90-day period,
the Fund Administrator will review
each application to assess whether the
application is complete, the applicant is
eligible for the Reimbursement Program,
and the reasonableness of the cost
estimates provided by the applicant.
The Commission proposes requiring the
Fund Administrator to identify
potentially duplicate and otherwise
erroneously filed applications and to
advise the Bureau on its findings. After
considering the Fund Administrator’s
initial findings, the Commission
proposes having the Bureau next issue
a public notice announcing those
applications initially found eligible and
accepted for filing, and those deemed
materially deficient. Initial findings that
an application is eligible and accepted
for filing would provide no guarantee
that the applicant will ultimately be
determined eligible by the Bureau or
will receive a funding allocation or
disbursement. Pursuant to the
Commission’s rules, applicants that
submitted applications initially deemed
materially deficient would then have 15
days to cure their defects before their
application is denied. The Commission
proposes beginning the 15-day cure
period the day after the Bureau releases
a public notice announcing applications
as acceptable for filing. The Commission
seeks comments on these proposals.
11. The Commission also proposes
having the Fund Administrator evaluate
the gross cost estimate demand
contained in all applications found
acceptable for filing to assist the Bureau
in determining whether estimated
demand exceeds available funding. If
estimated demand exceeds available
funding, the Commission directed the
Bureau to prioritize funding and
application processing in accordance
with the Commission’s rules. The
Commission anticipates that the Fund
Administrator’s initial application
evaluation will not involve an in-depth
review of the reported cost estimates in
order to more quickly determine the
gross demand figure. The Commission
comments on this approach.
12. Per the Commission’s rules, the
90-day application review period
commences after the close of the
applicable filing window. The
Commission will also have the Fund
Administrator advise the Bureau on
whether, based on the number of
applications filed during the filing
window, to extend the 90-day deadline
for granting or denying applications,
and seek comment on this approach.
13. Funding Allocation. The Bureau
proposes to periodically release public
notices announcing recipients selected
for funding allocations and the amount
of their funding allocation. The
Commission proposes treating this
public notice as official Bureau approval
of a Reimbursement Program
application. The Commission also
proposes to notify recipients directly of
their funding allocations by email. The
Commission seeks comments on these
proposals.
14. As directed by the Commission in
the Second Report and Order, 86 FR
2904 (Jan. 13, 2021), ‘‘the funding
amount allocated represents the
maximum amount eligible for draw
down by an eligible provider unless a
subsequent funding allocation is made.’’
Accordingly, once the Bureau makes a
funding allocation determination, the
Bureau will not adjust the funding
allocation amount even if there is a
change in the participant’s plans or if
actual costs exceed estimated costs. To
the extent a participant requires
additional funding in excess of its
allocated amount, the participant would
need to file a new application if an
additional filing window is announced.
15. Reimbursement Claim Request.
The Commission outlines its proposed
approach to process recipients’ requests
for reimbursement. Following the
approval and issuance of a funding
allocation, a recipient may, as provided
by the Commission’s rules, file a
Reimbursement Claim Request for the
draw down disbursement of funds from
the recipient’s funding allocation.
Pursuant to the Commission’s rules, a
recipient must file an initial
Reimbursement Claim Request within
one year following the approval by the
Bureau of a funding allocation. The
Bureau proposes to collect the
information reflected in Appendix B of
the Public Notice from recipients filing
a Reimbursement Claim Request
including identifying information,
program eligibility information,
allocation information, and program
analysis information. The Commission
seeks comments on the information
fields included in the proposed
Reimbursement Claim Request. Is this
sufficient information for applicants to
provide? Are there additional
information fields the Commission
should include?
16. Pursuant to the Commission’s
rules, the recipient must show in the
Reimbursement Claim Request ‘‘actual
expenses reasonably incurred for the
removal, replacement, and disposal of
covered communications equipment or
service.’’ Consistent with the Second
Report and Order, 86 FR 2904 (Jan. 13,
2021), the Commission proposes
requiring recipients’ Reimbursement
Claim Requests to include supporting
documentation including invoices and
other cost documentation to obtain
reimbursement funds from their
allocation. The Commission proposes
allowing recipients to submit multiple
Reimbursement Claim Requests as they
incur expenses throughout the
reimbursement period. The Commission
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directed the Bureau to ‘‘review
reimbursement claims to ensure that
disbursements are made only for costs
reasonably incurred.’’ The Commission
proposes having the Bureau, with the
assistance of the Fund Administrator,
review and grant or deny
Reimbursement Claim Requests for
actual costs reasonably incurred and
seeks comments on this approach.
17. The Commission proposes to have
the online filing system carry forward
the itemized initial cost estimates
identified by the applicant in its
Application Request for Funding
Allocation, and that recipients be
required to link actual costs incurred
and the supporting invoice
documentation to these itemized initial
cost estimates. Recipients will be
required to submit invoices through the
online portal as attachments to a
recipient’s Reimbursement Claim
Request. With each invoice uploaded,
the Commission proposes requiring the
recipient to provide specific details
related to the invoice (vendor name,
date issued, description of contents,
etc.) to assist reviewers in linking
invoices to specific itemized cost
estimates. Also, while not required at
the funding allocation stage for those
relying on the Catalog, the Commission
proposes requiring recipients seeking
disbursements to provide vendor and
supplier quotes with the
Reimbursement Claim Request. The
Fund Administrator will review the
quote and the associated invoice to
evaluate the reasonableness of the
reimbursement claim. The Commission
anticipates that this will ensure
Reimbursement Program funding is
spent as intended and avoid
reimbursement for duplicative costs.
The Commission seeks comments on
these proposals.
18. Pursuant to the Commission’s
rules, recipients are required to file all
Reimbursement Claim Requests no later
than 120 days following the expiration
of the one-year removal, replacement,
and disposal term. Prior to the
expiration of the 120-day deadline,
recipients are permitted to request and
will receive an automatic 120-day
extension. Further, as required by the
Commission’s rules, after the expiration
of the deadline, any allocated but
unclaimed funds will revert
automatically to the Reimbursement
Program for reallocation to other
participants pursuant to a future filing
window. If a petition for an extension of
the removal, replacement, and disposal
term is pending when the term expires,
then the Commission proposes staying
the automatic reversion of the
unallocated funds until the Commission
acts on the extension request. The
Commission seeks comments on this
approach.
19. Amendments, Modifications, and
Administrative Updates. Because a
provider’s circumstances and plans may
change over the course of the program,
the Commission proposes to allow
participants to amend, modify, and/or
file administrative updates. The
Commission proposes to subject
amendment and modification requests
to review by the Fund Administrator
and action by the Bureau. The
Commission proposes to deny, as a
general matter, amendment requests to
an Application Request for Funding
Allocation that would result in an
increase to the total cost estimate.
Denying amendment requests that
would increase the total cost estimate
would ensure that fluctuating cost
estimates during the funding allocation
review process do not negatively impact
the Commission’s ability to assess
overall demand versus available
funding. The Commission seeks
comments on these proposals.
20. Following the grant of an
Application Request for Funding
Allocation, the Commission proposes to
allow recipients to submit modification
filings to change itemized expenses and
locations identified on their filings.
While such modifications may in fact
change the cost of the project, as
directed by the Commission in the
Second Report and Order, 86 FR 2904
(Jan. 13, 2021), the Commission will not
alter the funding allocation issued. The
Commission also proposes allowing
participants to file administrative
updates for routine, non-material
changes to filings such as changes to the
applicant’s contact information (e.g.,
address, phone number, and contact
name). The Commission proposes
enabling the online filing system to
automatically grant administrative
updates once filed. The Commission
seeks comments on these proposals.
21. Notification of Changes in
Ownership. Because the Reimbursement
Program will be administered over
multiple years, the Commission
proposes adapting the online filing
system to account for the possibility that
changes in ownership due to mergers
and acquisitions may change the
identity of a recipient for which an
allocation was issued and for which
disbursement claims are needed and
seek comment on this approach. The
Commission does not propose requiring
a prior approval process for such
ownership changes for purposes of the
Reimbursement Program. Instead, the
Commission will institute a streamlined
process whereby, post-consummation, a
notification would be filed by the
recipient of record, that is signed by
both parties to the transaction, and that
includes an attachment explaining the
ownership changes. The Bureau, with
the assistance of the Fund
Administrator, could then determine
how best to reflect these changes in the
filing system to avoid problems
associated with determining what
allocation remains unclaimed and how
to handle transactions involving the
acquisition of discreet network
components. The Commission seeks
comments on these proposals.
22. Public Search Portal and
Confidentiality. Consistent with its
rules, the Commission will make
publicly available, through an online
search portal, general and summary
information submitted by
Reimbursement Program participants.
As contemplated by the Second Report
and Order, 86 FR 2904 (Jan. 13, 2021),
however, the Commission will consider
presumptively confidential all detailed
accounting information about the
covered communications equipment or
services removed, replaced, and
disposed, and the replacement
equipment or services purchased,
rented, leased, or otherwise obtained
using Reimbursement Program funds,
and the Commission plans to withhold
such disaggregated information from
routine public inspection. The
Commission will also treat as
presumptively confidential and
withhold from public inspection
information such as ‘‘location of the
equipment and services; removal or
replacement plans that include sensitive
information; the specific type of
equipment and service; and any other
provider specific information.’’ The
Commission found that ‘‘this
information would likely qualify as
trade secrets under the [Freedom of
Information Act].’’
23. The Commission likewise
proposes to treat as presumptively
confidential and withhold from public
inspection vendor price quotes
submitted with the Application Request
for Funding Allocation and invoices
submitted with the Reimbursement
Claim Requests, including itemized
information on expenses actually
incurred. The Commission also
proposes to treat as presumptively
confidential and withhold from public
inspection the specific timeline for the
permanent removal, replacement, and
disposal of covered communications
equipment and services. The
Commission proposes allowing filers to
upload attachments to the online portal
and categorize whether the attachment
is confidential or public. The
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Commission proposes to withhold from
routine public inspection, subject to the
Commission’s rules, attachments
designated as ‘‘confidential.’’ The
Commission seeks comments on these
proposals.
24. In addition to the approach
proposed above, the Commission seeks
comments on the extent to which the
Bureau should treat additional
information fields on the Application
Request for Funding Allocation in
Appendix A and the Reimbursement
Claim Request in Appendix B as
presumptively confidential and not
subject to public disclosure. If so, the
Commission invites parties to specify
which information fields should be
deemed presumptively confidential and
the legal basis for the presumption.
25. Treasury Offset. The U.S.
Department of the Treasury (Treasury)
has a number of collection tools,
including the Treasury Offset Program
(TOP), whereby it collects delinquent
debts owed to federal agencies and
states by individuals and entities, by
offsetting those debts against federal
monies owed to the debtors.
Reimbursement Program participants
owing past-due debt to a federal agency
or a state may have all or part of their
disbursement payments offset by
Treasury to satisfy such debt. Prior to
referral of its debt to Treasury, an entity
is notified of the debt owed, including
repayment instructions. If the referred
debt of a Reimbursement Program
participant remains outstanding at the
time of a disbursement payment from
the Reimbursement Program to that
participant, the participant will be
notified by Treasury that some or all of
its payment has been offset to satisfy an
outstanding federal or state debt.
Program participants that owe past due
federal or state debts that have been
referred to Treasury are encouraged to
resolve such debts prior to submitting
their Application Request for Funding
Allocation. The Bureau lacks discretion
to deviate from the requirements of the
TOP.
26. Red Light Rule. The Commission
proposes to waive the Commission’s
‘‘red light’’ rule with respect to
applications filed in the Reimbursement
Program and seek comment on this
approach. As part of the collection and
disbursement rules associated with the
Debt Collection Improvement Act of
1996, the Commission may withhold
action on applications and requests
made by any entity found to be
delinquent in its debt to the
Commission until full payment or
resolution of such debt. This is
commonly referred to as the
Commission’s ‘‘red light’’ rule. Given
the importance of removing
communications equipment and service
that poses a national security risk from
the Commission Nation’s networks as
soon as possible, the Commission finds
extremely unusual circumstances exist
to justify waiving the red light rule to
allow Reimbursement Program
recipients to receive funding allocations
and disbursements notwithstanding an
outstanding delinquency with the
Commission. Any waiver would not
affect the Commissions’ right or
obligation to collect any debt owed by
an applicant by any other means
available to the Commission, including
by referral to the Treasury for collection.
27. Do Not Pay. Before releasing any
Reimbursement Program funds to
participants, the Commission proposes
the Bureau and/or Fund Administrator,
in coordination with the Commission’s
Office of Managing Director (OMD),
conduct a thorough review of the federal
Do Not Pay system Database to verify an
applicant’s eligibility for payments and
awards. Pursuant to the Payment
Integrity Information Act of 2019 (PIIA),
the Commission is required to review
applicable federal databases to
determine eligibility for federal funds to
prevent improper payments. The
Treasury’s Bureau of the Fiscal Service
administers the Do Not Pay system
database. If an applicant is prohibited
from receiving payment of federal funds
pursuant to the Do Not Pay system, the
Bureau and/or Fund Administrator will
withhold funding allocations and
disbursements from the Reimbursement
Program. The Commission proposes
having the Bureau and/or Fund
Administrator offer the participant an
opportunity to cure any Do Not Pay
issues if the recipient can produce
evidence that its listing in the Do Not
Pay system should be removed.
However, the Commission proposes
requiring the participant to be
responsible for working with the
relevant agency to correct its
information before a Reimbursement
Program payment will be issued by
Treasury.
III. Procedural Matters
28. Paperwork Reduction Act of 1995
Analysis. This document contains
proposed new information collection
requirements. The Commission has,
pursuant to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104–13,
published a notice in the Federal
Register seeking comment on the new
information collection requirements
contained in this Public Notice. See 86
FR 22050, Apr. 26, 2021. The
Commission, as part of its continuing
effort to reduce paperwork burdens,
invites the general public and the Office
of Management and Budget (OMB) to
comment on the information collection
requirements contained in this
document, as required by the PRA. In
addition, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4), we seek specific comment on
how we might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
Federal Communications Commission.
Cheryl Callahan,
Assistant Chief, Telecommunications Access
Policy Division Wireline Competition Bureau.
[FR Doc. 2021–12385 Filed 6–11–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 5, 6, 13, 19 and 52
[FAR Case 2019–007; Docket No. FAR 2019–
0007, Sequence No. 1]
RIN 9000–AN90
Federal Acquisition Regulation:
Update of Historically Underutilized
Business Zone Program
AGENCY
: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION
: Proposed rule.
SUMMARY
: DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to
implement changes to the Small
Business Administration’s regulations
for the Historically Underutilized
Business Zone Program.
DATES
: Interested parties should submit
written comments to the Regulatory
Secretariat Division at the address
shown below on or before August 13,
2021 to be considered in the formation
of the final rule.
ADDRESSES
: Submit comments in
response to FAR Case 2019–007 to the
Federal eRulemaking portal at https://
www.regulations.gov by searching for
‘‘FAR Case 2019–007’’. Select the link
‘‘Comment Now’’ that corresponds with
‘‘FAR Case 2019–007’’. Follow the
instructions provided at the ‘‘Comment
Now’’ screen. Please include your name,
company name (if any), and ‘‘FAR Case
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lotter on DSK11XQN23PROD with PROPOSALS1
