Federal Register - January 13, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations 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.
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1 If the Wireline Competition Bureau determines that an application is materially deficient including by lacking an adequate cost estimate or adequate supporting materials, the Wireline Competition Bureau shall provide the applicant a 15-day period to cure the defect before denying the application. If the cure period would extend beyond the deadline under this paragraph d for approving or denying the application, such deadline shall be extended through the end of the cure period.
g Funding disbursements. Following the approval and issuance by the Wireline Competition Bureau of a funding allocation, a Reimbursement Program recipient may file a reimbursement claim request for the draw down disbursement of funds from the recipients funding allocation. The recipient must show in the reimbursement claim actual expenses reasonably incurred for the removal, replacement, and disposal of covered communications equipment or service.
The Wireline Competition Bureau will review and grant or deny reimbursement claims for actual costs reasonably incurred.
1 Initial reimbursement claim.
Within one year of the approval of its Reimbursement Program application, a recipient must file at least one reimbursement claim. Failure to file a reimbursement claim within the oneyear period will result in the reclamation of all allocated funding from the Reimbursement Program recipient and revert to the Reimbursement Program fund for potential allocation to other Reimbursement Program participants.
2 Reimbursement claim deadline.
All reimbursement claims must be filed by the Reimbursement Program recipient within 120 days of expiration of the removal, replacement and disposal term. Following the expiration of the reimbursement claim deadline, any remaining and unclaimed funding allocated to the Reimbursement Program recipient will automatically be reclaimed and revert to the Reimbursement Program fund for potential allocation to other Reimbursement Program participants.
3 Extension of reimbursement claim deadline. A Reimbursement Program
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recipient may request a single extension of the reimbursement claim deadline by no later than the deadline discussed in paragraph g2. The Wireline Competition Bureau shall grant any timely filed extension request of the reimbursement claim filing deadline for no more than 120 days.
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2 Individual extensions. Prior to the expiration of the removal, replacement and disposal term, a Reimbursement Program recipient may petition the Wireline Competition Bureau for an extension of the term. The Wireline Competition Bureau may grant an extension for up to six months after finding, that due to no fault of such recipient, such recipient is unable to complete the permanent removal, replacement, and disposal by the end of the term. The Wireline Competition Bureau may grant more than one extension request to a recipient if circumstances warrant.
j Disposal requirements.
Reimbursement Program recipients must dispose of the covered communications equipment or service in a manner to prevent the equipment or service from being used in the networks of other providers of advanced communications service. The disposal must result in the destruction of the covered communications equipment or service, making the covered communications equipment or service inoperable permanently.
Reimbursement Program recipients must retain documentation demonstrating compliance with this requirement.
k Status updates. Reimbursement Program recipients must file a status update with the Commission once every 90 days beginning on the date on which the Wireline Competition Bureau approves the recipients application for reimbursement and until the recipient has filed the final certification.
1 Status updates must include:
i Efforts undertaken, and challenges encountered, in permanently removing, replacing, and disposing of the covered communications equipment or service;
ii The availability of replacement equipment in the marketplace;
iii Whether the recipient has fully complied with or is in the process of complying with all requirements of the Reimbursement Program;
iv Whether the recipient has fully complied with or is in the process of complying with the commitments made in the recipients application;
v Whether the recipient has permanently removed from its
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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 recipients network as of the date of the submission of the recipients application; and vi Whether the recipient has fully complied with or is in the process of complying with the timeline submitted by the recipient as required by paragraph c1iv of this section.
2 The Wireline Competition Bureau will publicly post on the Commissions website the status update filings within 30 days of submission.
3 Within 180 days of completing the funding allocation stage provided for in paragraph e, the Wireline Competition Bureau shall prepare a report for Congress providing an update on the Commissions implementation efforts and the work by recipients to permanently remove, replace, and dispose of covered communications equipment and service from their networks.
l Spending reports. Within 10 days after the end of January and July, Reimbursement Program recipients must file reports with the Commission regarding how reimbursement funds have been spent, including detailed accounting of the covered communications equipment or service permanently removed and disposed of, and the replacement equipment or service purchased, rented, leased, or otherwise obtained, using reimbursement funds.
1 This requirement applies starting with the recipients initial receipt of disbursement funds per paragraph g of this section and terminates once the recipient has filed a final spending report. certification.
2 Following the filing of its final certification per paragraph m of this section, certifying that the recipient has completed the removal, replacement, and disposal process, the recipient must file a final spending report showing the expenditure of all funds received as compared to estimated costs identified in its application for funding.
3 The Wireline Competition Bureau will make versions of the spending reports available on the Commissions website subject to confidentiality concerns consistent with the Commissions rules.
m Final certification. Within 10 days following the expiration of the removal, replacement, and disposal term, Reimbursement Program recipient shall file a final certification with the Commission.
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