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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules Frequency of Response: On occasion and one-time reporting requirements;
third-party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in the 47 U.S.C. 154i, 301, 302, 303, 309j, 312, and 316, and 47
CFR 1.411.
Total Annual Burden: 206,863 hours.
Total Annual Costs: $50,155,140.
Privacy Act Impact Assessment: Yes.
The personally identifiable information PII in this information collection is covered by a Privacy Impact Assessment PIA, Equipment Authorizations Records and Files Information System.
It is posted at: https www.fcc.gov/
general/privacy-act-informationpia.
Nature and Extent of Confidentiality:
Minimal exemption from the Freedom of Information Act FOIA under 5
U.S.C. 552b4 and FCC rules under 47
CFR 0.457d is granted for trade secrets which may be submitted as attachments to the application FCC Form 731. No other assurances of confidentiality are provided to respondents.
Needs and Uses: The Commission will submit this revised information collection to the Office of Management and Budget OMB after this 60-day comment period to obtain the three-year clearance. The Commission is reporting program changes, increases to this information collection.
On June 17, 2021, the Commission adopted a Notice of Proposed Rulemaking and Notice of Inquiry in ET
Docket. No. 21232 and EA Docket No.
21233, FCC 2173, Protecting Against National Security Threats to the Communications Supply Chain through the Equipment Authorization Program.
Among other proposed rules intended to secure our nations telecommunications networks, the Commission proposes to amend the 47 CFR part 2 rules related to equipment authorization to prohibit the authorization of communications equipment if the Commission determines that 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. Accordingly, the Commission proposes to add 2.911 to its rules, 47
CFR 2.911. The statutory authority for this collection of information is authorized under sections 4i, 301, 302, 303, 309j, 312, and 316 of the Communications Act of 1934, as amended, 47 U.S.C. 154i, 301, 302, 303, 309j, 312, and 316.
Ex Parte RulesPermit-But-Disclose The proceeding this NPRM initiates shall be treated as a permit-butdisclose proceeding in accordance
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with the Commissions ex parte rules, 47 CFR 1.1200 et seq. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation unless a different deadline applicable to the Sunshine period applies. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must 1 list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and 2
summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenters written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings specifying the relevant page and/or paragraph numbers where such data or arguments can be found in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206b. In proceedings governed by rule 1.49f or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format e.g., .doc, .xml, .ppt, searchable .pdf. Participants in this proceeding should familiarize themselves with the Commissions ex parte rules.
Synopsis I. Introduction In this Notice of Proposed Rulemaking NPRM, the Commission proposes revisions to its equipment authorization rules and processes to prohibit authorization of any communications equipment on the list of equipment and services Covered List that the Commission maintains pursuant to the Secure and Trusted Communications Networks Act of 2019.
Secure and Trusted Communications Networks Act of 2019, Public Law 116
124, 133 Stat. 158 2020 codified as amended at 47 U.S.C. 16011609
Secure Networks Act. This prohibition would apply to covered equipment on
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the Covered List maintained and updated by the Commissions Public Safety and Homeland Security Bureau PSHSB at https www.fcc.gov/
supplychain/coveredlist. The Commission also seeks comment on whether the rules concerning equipment currently exempted from the equipment authorization requirement should be revised to ensure that any covered equipment cannot qualify for such exemption. In addition, the Commission seeks comment on whether to revoke any of the authorizations that have been previously granted for covered equipment on the Covered List, and if so, which ones and through what procedures. Finally, the Commission seeks comment on new certifications for applicants that wish to participate in Commission auctions that would further address the risks posed by companies that the Commission has designated as posing a national security threat to the integrity of communications networks and the communications supply chain.
II. Background The Covered List. On March 21, 2021, PSHSB published the Covered List identifying the covered equipment and services that specific, enumerated sources have deemed to pose an unacceptable risk to the national security of the United States or the security and safety of United States persons. Public Safety and Homeland Security Bureau Announces Publication of the List of Equipment and Services Covered by Section 2 of the Secure Networks Act, WC Docket No. 1889, Public Notice, DA 21309 PSHSB, Mar.
12, 2021 Covered List Public Notice;
see 47 CFR 1.50002. Pursuant to 47 CFR
1.50002, this Covered List identified certain telecommunications equipment and services produced or provided by Huawei Technologies Company and ZTE Corporation, and video surveillance and telecommunications equipment and services produced or provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, and Dahua Technology Companyand their respective subsidiaries and/or affiliates.
The Commission tasked PSHSB with ongoing responsibilities for monitoring the status of the determinations and periodically updating the Covered List to address changes as appropriate.
The equipment authorization program. The Commissions current rules provide two different approval procedures for equipment authorizationCertification of equipment and Suppliers Declaration of Conformity SDoC. As a general matter, for a radiofrequency device RF device
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