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Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Rules and Regulations
equipment and service that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons is made inoperable and recycled in an environmentally safe manner.
13. Prospective-Only Guidance. The Rural Wireless Association asserts that some of its members have already completed the destruction of, or are in the process of disposing of, covered communications equipment. Providers of advanced communications services that have already removed and disposed of covered communications equipment or services could not have known the best practices provided in the released document. Accordingly, the Bureau will take this into account when evaluating compliance with 1.50004j for disposal occurring prior to the release of these best practices. The Bureau expects providers have acted reasonably, however, in carrying out the safe and secure disposal of covered communications equipment and have retained sufficient documentation to verify the disposal efforts taken. To the extent that covered communications equipment is still in a providers custody and not destroyed, providers are encouraged to follow the disposal guidance provided herein going forward.
14. Reimbursement Program Certifications. Additionally, the Bureau, on its own motion pursuant to 1.108
of the Commissions rules, hereby reconsiders and revises the certifications contained in the FCC
Form 5640 Application Request for Funding Allocation and the Reimbursement Claim Request. These revised certifications, included in the release document, are consistent with the certifications recently employed for other funding programs implemented by the Commission and will further protect the Reimbursement Program from waste, fraud, and abuse.
15. The Commission directed the Bureau to create one or more forms to be used by entities to claim reimbursement from the Reimbursement Program, to report on their use of money disbursed and the status of their construction efforts, and for any other Reimbursement Program-related purposes. The Commission also delegated authority to the Bureau to adopt the necessary policies and procedures relating to allocations, draw downs, payments, obligations, and expenditures of money from the Reimbursement Program to protect against waste, fraud, and abuse . . . .
In the Reimbursement Process PN, 86
FR 31464, June 14, 2021, the Bureau
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sought comment on the proposed information fields for FCC Form 5640, including the form certifications required by applicants. The Bureau finalized the FCC Form 5640
Application Request for Funding Allocation and Reimbursement Claim Request in the Finalized Reimbursement Process PN.
16. The Bureau, on its own motion, now reconsiders and revises these FCC
Form 5640 certifications. The revised certifications largely track the substance of the prior certifications that were derived from the Secure Networks Act and the Commissions rules. However, to further protect the Reimbursement Program from waste, fraud, and abuse and to align the certifications with other recently implemented funding programs by the Commission, the Bureau has added additional certifications. For example, the Bureau now explicitly requires certifying officials to certify that they are authorized to certify on behalf of the applicant. The certifying official must also acknowledge that any false, fictitious, or fraudulent information or statement, or the omission of any material fact on the form or any other documents submitted may subject the participant to fine or forfeiture under the Communications Act, fine or imprisonment under Title 18 of the United States Code, or liability under the False Claims Act. The Bureau also requires certifying officials to acknowledge that failure to comply with the statute, rules, and orders governing the Reimbursement Program could result in civil and criminal prosecution by law enforcement authorities. The certifying official must further certify that the applicant will not use Reimbursement Program funds for any portion of expenses that have been or will be reimbursed by other sources of state or federal funding. This certification, in particular, is aimed at protecting against the receipt and use of duplicative funding from different state and federal sources. Finally, certifying officials will also need to certify that no kickbacks i.e., money or anything of value were paid or received by the participant from a contractor or vendor in connection with the Reimbursement Program. Collectively, the revised and added certifications provide additional notice to certifying officials and applicants as to potential civil and criminal penalties for violating Reimbursement Program requirements and will strengthen the Commissions ability to investigate and hold applicants accountable for rule violations and fraudulent conduct. The text of the revised certifications can be
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found in Appendix B of the Public Notice, https www.fcc.gov/document/
wcb-announces-best-practices-supplychain-equipment-disposal.
17. These revised certifications will become effective immediately upon publication in the Federal Register, pursuant to section 553d3 of the Administrative Procedure Act. The Bureau finds good cause exists for an expedited effective date to ensure these certifications can be included in the forms necessary for the expeditious opening of the Reimbursement Program filing window, which is now scheduled to occur on October 29, 2021. An expedited effective date will further assist the Commission in speedily addressing the pressing national security concerns that prompted the establishment this Reimbursement Program.
18. Cost Catalog Corrections. Finally, the Bureau corrects cost estimates incorrectly identified in the Cost Catalog adopted on August 3, 2021, in the Finalized Reimbursement Process PN.
Since the release of the Cost Catalog on August 3, 2021, the Bureau was made aware of a few instances where the cost estimate identified in that version of the Cost Catalog was listed incorrectly.
Specifically, the average cost estimate reported for items 2.1.2 and, 2.2.3 was inaccurate given the range of cost estimates reported. In addition, the lowend cost range for item 5.16.5 was incorrectly listed as $1,7687.17 instead of $17,687.17. The average cost estimate for item 5.16.5 is, however, correct.
Separately, the final version of the Cost Catalog incorrectly included a cost estimate for item 5.1.4 regarding Participation for FCC Rulemaking even though the Bureau explicitly called for the removal of this item in the Finalized Reimbursement Process PN.
Accordingly, the Bureau will make these corrections to the Cost Catalog and publish a corrected version on the Commissions website.
A. Paperwork Reduction Act of 1995
Analysis 19. This document does not contain any new information collections subject to the Paperwork Reduction Act of 1995 PRA, Public Law 10413. The Commission has separately sought and obtained approval, per the PRA, from the Office of Management and Budget OMB for the information collection requirements contained in the 2020
Supply Chain Order from which the rules and obligations discussed herein, where applicable, are derived.
Therefore, this document does not contain any new or modified information collection burden for small
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