Federal Register - June 14, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules
their applications. SAM is a government-wide application that collects, validates, stores, and disseminates business information about the federal governments 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 1.50004b of the Commissions rules, 47 CFR
1.50004b, 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 funding 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 PostFiling Window Closure. Consistent with the Secure Networks Act the Commissions 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.
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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 Administrators 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 Commissions 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 Commissions rules. The Commission anticipates that the Fund Administrators 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 Commissions 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
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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 participants 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 Commissions rules, file a Reimbursement Claim Request for the draw down disbursement of funds from the recipients funding allocation.
Pursuant to the Commissions 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 Commissions 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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