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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations statutory authority, the scope of the rules is narrowly tailored so as to lessen the impact on small entities. The rules adopted in the Third Report and Order appropriately consider the burdens on smaller providers against the Commissions goal of protecting its communications networks and communications supply chain from communications equipment and services that pose a national security threat, while facilitating the transition to safer and more secure alternatives.
G. Report to Congress 168. The Commission will send a copy of the Third Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy of the Third Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Third Report and Order and FRFA or summaries thereof will also be published in the Federal Register.
169. Congressional Review Act. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs, that this rule is major under the Congressional Review Act, 5 U.S.C.
8042. The Commission will send a copy of this Third Report and Order to Congress and the Government Accountability Office pursuant to 5
U.S.C. 801a1A.
IV. Ordering Clauses 170. Accordingly, it is ordered that, pursuant to the authority contained in sections 4i, 201b, 214, 254, 303r, 403, and 503 of the Communications Act of 1934, as amended, 47 U.S.C.
154i, 201b, 214, 254, 303r, 403, 503, sections 2, 3, 4, 5, 7 and 9 of the Secure Networks Act, 47 U.S.C. 1601, 1602, 1603, 1604, 1606, and 1608, Division N, Title IX, sections 901 and 906 of the Consolidated Appropriations Act, 2021, and sections 1.1 and 1.412 of the Commissions rules, 47 CFR 1.1 and
1.412, this Third Report and Order is adopted.
171. It is further ordered that Parts 1
and 54 of the Commissions rules are amended as set forth below.
172. It is further ordered that, pursuant to sections 1.4b1 and 1.103a of the Commissions rules, 47
CFR 1.4b1, 1.103a, this Third Report and Order shall be effective October 22, 2021.
173. It is further ordered that the Commission shall send a copy of this Third Report and Order to Congress and to the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801a1A.
174. It is further ordered that the Commissions Consumer and Governmental Affairs, Bureau, Reference Information Center, shall send a copy of this Third Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects 47 CFR Part 1
Administrative practice and procedure, Communications, Communications equipment, Internet, Telecommunications.
47 CFR Part 54
Communications common carriers, Internet, Libraries, Reporting and recordkeeping requirements, Schools, Telecommunications.
Federal Communications Commission.
Marlene Dortch, Secretary.

Final Rules For the reasons set forth above, part 1 of title 47 of the Code of Federal Regulations is amended as follows:
PART 1PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:

47021

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461 note, unless otherwise noted.

2. Section 1.50004 is amended by:
a. Revising paragraphs a introductory text, a1, a2 f introductory text, i1i, and ii, and adding paragraph q to read as follows:

1.50004 Secure and Trusted Communications Networks Reimbursement Program.

a Eligibility. Providers of advanced communications service with ten million or fewer customers are eligible to participate in the Reimbursement Program to reimburse such providers solely for costs reasonably incurred for the permanent replacement, removal, and disposal of covered communications equipment or services:
1 As defined in the Report and Order of the Commission in the matter of Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs FCC 19
121; WC Docket No. 1889; adopted November 22, 2019 in this section referred to as the Report and Order; or 2 As determined to be covered by both the process of the Report and Order and the Designation Orders of the Commission on June 30, 2020 DA 20
690; PS Docket No. 19351; adopted June 30, 2020 DA 20691; PS Docket No. 19352; adopted June 30, 2020 in this section collectively referred to as the Designation Orders;

f Prioritization of Support. The Wireline Competition Bureau shall issue funding allocations in accordance with this section after the close of a filing window. After a filing window closes, the Wireline Competition Bureau shall calculate the total demand for Reimbursement Program support submitted by all eligible providers during the filing window period. If the total demand received during the filing window exceeds the total funds available, then the Wireline Competition Bureau shall allocate the available funds consistent with the following priority schedule:

TABLE 1 TO PARAGRAPH f Prioritization schedule
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Priority 1
Advanced communication service providers with 2 million or fewer customers.
Priority 2
Advanced communications service providers that are accredited public or private non-commercial educational institutions providing their own facilities-based educational broadband service, as defined in part 27, subpart M of title 47, Code of Federal Regulations, or any successor regulation and health care providers and libraries providing advanced communications service.

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