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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations Commission can assess whether a general, six-month extension permitted by the statute is appropriate. Each status update must include a certification that affirms the information in the update is accurate. The obligation to file status updates expires after the recipient has notified the Commission of the completion of the permanent removal, replacement, and disposal of the covered communications equipment or service pursuant to a final certification.
Status updates will be public, consistent with the Commissions rules, and the Commission directed the Bureau to post on the Commissions website the status update filings within 30 days of submission.
60. Spending Reports. The Secure Networks Act requires Reimbursement Program recipients to submit reports regarding how reimbursement funds have been spent, including detailed accounting of the covered communications equipment or services permanently removed and disposed of, and the replacement equipment or services purchased, rented, leased or otherwise obtained, using reimbursement funds. In the 2020
Supply Chain Order, the Commission required Reimbursement Program recipients to file spending reports within 10 calendar days after the end of January and July, starting with the recipients initial draw down of disbursement funds and terminating once the recipient has filed a final spending report showing the expenditure of all funds received as compared to the estimated costs submitted. The Commission directed program participants to submit the final spending report no later than 60
days following the expiration of the program participants reimbursement claim deadline. The Bureau is required to make spending reports, except for detailed accounting information, available to the public via a portal on the Commissions website.
61. Final Certifications. Within 10
days following the expiration of the removal, replacement, and disposal term, recipients must file a final certification with the Commission. The final certification must indicate whether the recipient has fully complied with all terms and conditions of the program, the commitments made in its application, and the timeline submitted.
The final certification must also indicate whether the recipient has permanently removed covered communications equipment and services that were in its network as of the date of application submission. Pursuant to the Secure Networks Act and the 2020 Supply Chain Order, if an applicant indicates
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that it has not fully complied with all terms of program participation, the applicant must file an updated final certification when the recipient has fully complied. Program participants failing to timely submit a final certification or updated final certification may be subject to forfeitures and other penalties.
62. The Secure Networks Act directed the Commission to make public on the Commissions website status updates submitted by recipients under the Reimbursement Program. In the 2020
Supply Chain Order, the Commission directed the Bureau to make filed spending reports available to the public through an online portal. The Commission also directed us to treat as presumptively confidential detailed accounting information on the covered communications equipment or services subject to removal, replacement, and disposal, and the replacement equipment or services being reimbursed, and to withhold such disaggregated information from routine public inspection. The Commission also directed us to treat as presumptively confidential other information, such as location of the equipment and services; removal or replacement plans that include sensitive information; the specific type of equipment or service;
and any other provider specific information, which the Commission found would likely qualify as trade secrets under the Freedom of Information Act FOIA the public release of which could raise security and confidentiality concerns. However, as a condition of receiving funding, the Commission required Reimbursement Program recipients to provide consent to allow vendors or contractors used by the recipient to release confidential information to an auditor, reviewer, or other representative as part of the auditing process, which is discussed in further detail in Part III.A.13 of the PN.
63. The Bureau will treat certain specified information submitted by Reimbursement Program participants as public or presumptively confidential consistent with the Secure Networks Act, the Freedom of Information Act, and the Commissions rules. As proposed in the Reimbursement Process PN, and consistent with the Commissions rules, the Bureau will make publicly available, through an online search portal, general and summary information submitted by participants. This includes the name of the applicant who submitted a FCC
Form 5640, Application Request for Funding Allocation, and the funding amount requested. This also includes the Reimbursement Program
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participants selected for funding allocation and the funding amount awarded. Consistent with the 2020
Supply Chain Order, the Bureau will also make public on the Commissions website recipients filed spending reports. The Bureau finds that the public interest is best served by making this information available to the public to ensure transparency and accountability.
64. Commenters agreed with the proposal to treat certain sensitive information collected as part of the Program as presumptively confidential and withhold that information from routine public inspection. For example, ADTRAN fully supports the proposal to maintain the confidentiality of proprietary information with regard to the prices of the replacement equipment and services. ADTRAN asserts that such information constitutes trade secrets, and ADTRAN takes steps to protect that information by requiring its customers and potential customers to enter into non-disclosure agreements to maintain confidentiality. ADTRAN
agrees that information on the specific replacement equipment and location of that equipment . . . should not be made publicly-available, particularly because such information on what is critical infrastructure could provide roadmaps to malefactors. RWA agrees with the proposal to treat as presumptively confidential and withhold from public inspection information including detailed accounting information, location of the equipment and services;
removal or replacement plans that include sensitive information; the specific type of equipment and service;
and any other provider specific information that qualifies as trade secrets under the Freedom of Information Act.
65. Accordingly, as contemplated by the 2020 Supply Chain Order, and proposed in the Reimbursement Process PN, the Bureau finds that certain information likely constitutes confidential commercial or financial information or trade secrets under the FOIA, and consistent with the 2020
Supply Chain Order, and the Commissions rules, the Bureau will treat this information as presumptively confidential and will withhold from routine public inspection such information, including:
Detailed accounting information on the covered communications equipment or services removed, replaced, and disposed of, and the replacement equipment or services purchased, rented, leased, or otherwise obtained using Reimbursement Program funds;

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