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Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
1 The final certification shall indicate whether the recipient has fully complied with or is in the process of complying with all terms and conditions of the Reimbursement Program, the commitments made in the application of the recipient for the reimbursement, and the timeline submitted by the recipient as required by paragraph c of this section. In addition, the final certification shall indicate whether the recipient has 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 network of the recipient as of the date of the submission of the application by the recipient for the reimbursement.
2 If a recipient submits a certification under this paragraph stating the recipient has not fully complied with the obligations detailed in paragraph m1 of this section, then the recipient must file an updated certification when the recipient has fully complied.
n Documentation retention requirement. Each Reimbursement Program recipient is required to retain all relevant documents, including invoices and receipts, pertaining to all costs eligible for reimbursement actually incurred for the removal, replacement, and disposal of covered communications equipment or services for a period ending not less than 10
years after the date on which it receives final disbursement from the Reimbursement Program.

5. Delayed indefinitely, add 1.50007
to subpart DD to read as follows:
1.50007 Reports on covered communications equipment or services.

a Contents of Report. Each provider of advanced communications service must submit an annual report to the Commission that:
1 Identifies any covered communications equipment or service that was purchased, rented, leased or otherwise obtained on or after:
i August 14, 2018, in the case of any covered communications equipment or service on the initial list published pursuant to 1.50002; or ii Within 60 days after the date on which the Commission places such equipment or service on the list required by 1.50003;
2 Provides details on the covered communications equipment or services in its network subject to reporting pursuant to paragraph a1 of this
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section, including the type, location, date purchased, rented, leased or otherwise obtained, and any removal and replacement plans;
3 Provides a detailed justification as to why the facilities-based provider of broadband service purchased, rented, leased or otherwise obtained the covered communications equipment or service;
4 Provides information about whether any such covered communications equipment or service has subsequently been removed and replaced pursuant to Commissions reimbursement program contained in 1.50004 of this subpart;
5 Provides information about whether such provider plans to continue to purchase, rent, lease, or otherwise obtain, or install or use, such covered communications equipment or service and, if so, why; and 6 Includes a certification as to the accuracy of the information reported by an appropriate official of the filer, along with the title of the certifying official.
b Reporting deadline. Providers of advanced communications service shall file initial reports within 90 days after the Office of Economics and Analytics issues a public notice announcing the availability of the new reporting platform. Thereafter, filers must submit reports once per year on or before March 31st, reporting information as of December 31st of the previous year.
c Reporting exception. If a provider of advanced communications service certifies to the Commission that such provider does not have any covered communications equipment or service in the network of such provider, such provider is not required to submit a report under this section after making such certification, unless such provider later purchases, rents, leases or otherwise obtains any covered communications equipment or service.
d Authority to update. The Office of Economics and Analytics may, consistent with these rules, implement any technical improvements, changes to the format and type of data submitted, or other clarifications to the report and its instructions.
PART 54UNIVERSAL SERVICE
5. The authority citation for part 54 is revised to read as follows:

Authority: 47 U.S.C. 151, 154i, 155, 201, 205, 214, 219, 220, 229, 254, 303r, 403, 1004, 1302, and 16011609, unless otherwise noted.

6. Effective March 15, 2021, add 54.10 to read as follows:

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54.10 Prohibition on use of certain Federal subsidies.

a A Federal subsidy made available through a program administered by the Commission that provides funds to be used for the capital expenditures necessary for the provision of advanced communications service may not be used to:
1 Purchase, rent, lease, or otherwise obtain any covered communications equipment or service; or 2 Maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained.
b The term covered communications equipment or service is defined in 1.50001 of this chapter.
c The prohibition in paragraph a of this section applies to any covered communications equipment or service beginning on the date that is 60 days after the date on which such equipment or service is placed on a published list pursuant to 1.50003 of this chapter. In the case of any covered communications equipment or service that is on the initial list published pursuant to 1.50002 of this chapter, such equipment or service shall be treated as being placed on the list on the date which such list is published.
7. Delayed indefinitely, add 54.11 to read as follows:
54.11 Requirement to remove and replace.

a Each Eligible Telecommunications Carrier receiving Universal Service Fund support must certify prior to receiving a funding commitment or support that it does not use covered communications equipment or services.
b For purposes of paragraph a of this section, covered communications equipment or services means any communications equipment or service that is on the Covered list found in 1.50002 of this chapter.
c The certification required in paragraph a of this section is not applicable until one year after the date the Commission releases a Public Notice announcing the acceptance of applications for filing during the initial filing window of the Reimbursement Program per 1.50004b of this chapter.
d Reimbursement Program recipients, as defined in 1.50001h of this chapter, are not subject to paragraph a of this section until after the expiration of their applicable removal, replacement, and disposal term per 1.50004h.
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