Voglio sapere a riguardo di…

2944

Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
1 Use reimbursement funds to remove, replace or dispose of any covered communications equipment or service purchased, rented, leased, or otherwise obtained:
i On or after August 14, 2018, if on the initial Covered List published per 1.50002; or ii On or after 60 days after the date of addition to the Covered List if the communications equipment or services were subsequently added to the Covered List per 1.50003; or 2 Purchase, rent, lease, or otherwise obtain any covered communications equipment or service, using reimbursement funds or any other funds including funds derived from private sources.
jn Reserved o Audits, reviews, and field investigations. Recipients shall be subject to audits and other investigations to evaluate their compliance with the statutory and regulatory requirements for the Reimbursement Program. Recipients must provide consent to allow vendors or contractors used by the recipient in connection with the Reimbursement Program to release confidential information to the auditor, reviewer, or other representative. Recipients shall permit any representative including any auditor appointed by the Commission to enter their premises to conduct compliance inspections.
p Delegation of authority. The Commission delegates authority to the Wireline Competition Bureau, to adopt the necessary policies and procedures relating to allocations, draw downs, payments, obligations, and expenditures of money from the Reimbursement Program to protect against waste, fraud, and abuse and in the event of bankruptcy, to establish a Catalog of Expenses Eligible for Reimbursement and predetermined cost estimates, review the estimated cost forms, issue funding allocations for costs reasonably incurred, set filing deadlines and review information and documentation regarding progress reports, allocations, and final accountings.
1.50005

Enforcement.

a Violations. In addition to the penalties provided under the Communications Act of 1934, as amended, and section 1.80 of this chapter, if a Reimbursement Program recipient violates the Secure and Trusted Communications Networks Act of 2019, Public Law 116124, 133 Stat.
158, the Commissions rules implementing the statute, or the commitments made by the recipient in
VerDate Sep<11>2014

19:46 Jan 12, 2021

Jkt 253001

the application for reimbursement, the recipient:
1 Shall repay to the Commission all reimbursement funds provided to the recipient under the Reimbursement Program;
2 Shall be barred from further participation in the Reimbursement Program;
3 Shall be referred to all appropriate law enforcement agencies or officials for further action under applicable criminal and civil law; and 4 May be barred by the Commission from participation in other programs of the Commission, including the Federal universal service support programs established under section 254 of the Communications Act of 1934, as amended.
b Notice and opportunity to cure.
The penalties described in paragraph a of this section shall not apply to a recipient unless:
1 The Commission, the Wireline Competition Bureau, or the Enforcement Bureau provides the recipient with notice of the violation; and 2 The recipient fails to cure the violation within 180 days after such notice.
c Recovery of funds. The Commission will immediately take action to recover all reimbursement funds awarded to a recipient under the Program in any case in which such recipient is required to repay reimbursement funds under paragraph a of this section.
1.50006

Replacement List.

a Development of List. The Commission shall develop a list of categories of suggested replacements of physical and virtual communications equipment, application and management software, and services for the covered communications equipment or services listed on the Covered List pursuant to 1.50002 and 1.50003 of this subpart.
1 In compiling the Replacement List, the Commission may review efforts from, or overseen by, other Federal partners to inform the Replacement List.
2 The Replacement List shall include categories of physical and virtual communications equipment, application and management software, and services that allows carriers the flexibility to select the equipment or services that fit their needs from categories of equipment and services.
3 The Wireline Competition Bureau shall publish the Replacement List on the Commissions website.
b Maintenance of the List. The Wireline Competition Bureau shall issue a Public Notice announcing any updates
PO 00000

Frm 00042

Fmt 4701

Sfmt 4700

to the Replacement List. If there are no updates to the Replacement List in a calendar year, the Wireline Competition Bureau shall issue a Public Notice announcing that no updates that have been made to the Replacement List.
c Neutrality. The Replacement List must be technology neutral and may not advantage the use of reimbursement funds for capital expenditures over operational expenditures.
1.50007

Reserved
3. Delayed indefinitely, in 1.50004, add paragraphs c, d1, g, h2, and j through n to read as follows:

1.50004 Secure and Trusted Communications Networks Reimbursement Program.

c Application requests for funding.
During a filing window, eligible providers may request a funding allocation from the Reimbursement Program for the reimbursement of costs reasonably incurred for the permanent removal, replacement, and disposal of covered communications equipment or service.
1 Requests for funding allocations must include:
i An estimate of costs reasonably incurred for the permanent removal, replacement, and disposal of covered communications equipment or service from the eligible providers network.
Eligible providers may rely upon the predetermined estimated costs identified in the Catalog of Expenses Eligible for Reimbursement made available by the Wireline Competition Bureau. Eligible providers that submit their own cost estimates must submit supporting documentation and certify that the estimate is made in good faith.
ii Detailed information on the covered communications equipment or service being removed, replaced and disposed of;
iii The certifications set forth in paragraph a3 of this section;
iv A specific timeline for the permanent removal, replacement, and disposal of the covered communications equipment or services; and v The eligible provider certifies in good faith:
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;

E:FRFM13JAR4.SGM

13JAR4