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Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
1 The Department of Homeland Security;
2 The Department of Defense;
3 The Office of the Director of National Intelligence;
4 The National Security Agency; and 5 The Federal Bureau of Investigation.
c Communications equipment or service. The term communications equipment or service means any equipment or service used in fixed and mobile networks that provides advanced communication service, provided the equipment or service includes or uses electronic components.
d Covered communications equipment or service. The term covered communications equipment or service means any communications equipment or service that is included on the Covered List developed pursuant to 1.50002.
e Determinations. The term determination means any determination from sources identified in 1.50002b1iiv that communications equipment or service pose an unacceptable risk to the national security of the United States or the security and safety of United States persons.
f Covered List. The Covered List is a regularly updated list of covered communications equipment and services.
g Reimbursement Program. The Reimbursement Program means the program established by section 4 of the Secure and Trusted Communications Networks Act of 2019, Public Law 116
124, 133 Stat. 158, codified at 47 U.S.C.
1603, as implemented by the Commission in 1.50004.
h Reimbursement Program recipient or recipient. The term Reimbursement Program recipient or recipient means an 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.
i Replacement List. The Replacement List is a list of categories of suggested replacements for covered communications equipment or service.
1.50002

Covered List.

a Publication of the Covered List.
The Public Safety and Homeland Security Bureau shall publish the Covered List on the Commissions website and shall maintain and update the Covered List in accordance with 1.50003.
b Inclusion on the Covered List. The Public Safety and Homeland Security
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Bureau shall place on the Covered List any communications equipment or service that:
1 Is produced or provided by any entity if, based exclusively on the following determinations, such equipment or service poses an unacceptable risk to the national security of the United States or the security and safety of United States persons:
i A specific determination made by any executive branch interagency body with appropriate national security expertise, including the Federal Acquisition Security Council established under section 1222a of title 41, United States Code;
ii A specific determination made by the Department of Commerce pursuant to Executive Order No. 13873 3 CFR, 2019 Comp., p 317; relating to securing the information and communications technology and services supply chain;
iii Equipment or service being covered telecommunications equipment or services, as defined in section 889f3 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 Pub. L. 115232; 132 Stat.
1918; or iv A specific determination made by an appropriate national security agency;
2 And is capable of:
i Routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment or service transmits or otherwise handles;
ii Causing the networks of a provider of advanced communications services to be disrupted remotely; or iii Otherwise posing an unacceptable risk to the national security of the United States or the security and safety of United States persons.
1.50003

Updates to the Covered List.

a The Public Safety and Homeland Security Bureau shall monitor the status of determinations in order to update the Covered List.
b If a determination regarding covered communications equipment or service on the Covered List is reversed or modified, the Public Safety and Homeland Security Bureau shall remove from or modify the entry of such equipment or service on the Covered List, except the Public Safety and Homeland Security Bureau may not remove such equipment or service from the Covered List if any other of the sources identified in 1.50002b1i through iv maintains a determination supporting inclusion on the Covered List of such equipment or service.

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c After each 12-month period during which the Covered List is not updated, the Public Safety and Homeland Security Bureau will issue a Public Notice indicating that no updates were necessary during such period.
1.50004 Secure and Trusted Communications Networks Reimbursement Program.

a Eligibility. Providers of advanced communications service with two million or fewer customers are eligible to participate in the Reimbursement Program to reimburse such providers for costs reasonably incurred for the replacement, removal, and disposal of covered communications equipment or services if:
1 The covered communications equipment or service to be removed, replaced, or disposed of was purchased, rented, leased or otherwise obtained before August 14, 2018 and on the initial Covered List published per 1.50002; or 2 The covered communications equipment or service was added to the Covered List per 1.50003, then no later than 60 days after the date of addition to the Covered List;
3 The provider certifies:
i As of the date of the submission of the application, the provider has developed:
A A plan for the permanent removal and replacement of any covered communications equipment or service that is in the communications network of the provider as of such date; and the disposal of the equipment or services removed; and B A specific timeline for the permanent removal, replacement, and disposal of the covered communications equipment or service, which timeline shall be submitted to the Commission as part of the application per paragraph c1iv of this section; and ii beginning on the date of the approval of the application, the provider:
A Will not purchase, rent, lease, or otherwise obtain covered communications equipment or service, using reimbursement funds or any other funds including funds derived from private sources; and B In developing and tailoring the risk management practices of the applicant, will consult and consider the standards, guidelines, and best practices set forth in the cybersecurity framework developed by the National Institute of Standards and Technology.
b Filing window. The Wireline Competition Bureau shall announce the opening of an initial application filing window for eligible providers seeking to
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