Justification for Non-Substantive Change Request

Justification for Non-Substantive Changes to Protecting National Security Through FCC Programs, FCC Form 5640

OMB Control No. 3060-1270

The Federal Communications Commission (FCC) is submitting this non-substantive change request to the Office of Management and Budget (OMB) for approval to issue additional User Guides to assist filers in completing the forms associated with the FCC’s Protecting National Security Through FCC Programs information collection, OMB Control No. 3060-1270 (FCC Form 5640). The proposed change would provide guidance on completing various sections of FCC Form 5640 so as to elicit more accurate responses and meet the statutory requirements for the information to be collected.

Pursuant to the Secure and Trusted Communications Networks Act of 2019 (Secure Networks Act),¹ the FCC has established the Secure and Trusted Communications Networks Reimbursement Program (Reimbursement Program). This program is intended to provide funding to providers of advanced communications service for the removal, replacement, and disposal of certain communications equipment and services that pose an unacceptable national security risk from their networks. Participation in the Reimbursement Program is voluntary, but compliance with the information collection requirements approved by OMB under this Control Number is required to obtain Reimbursement Program support.

This submission proposes to issue additional User Guides regarding FCC Form 5640 to provide guidance on responding to questions and providing the Commission with information regarding whether a recipient has permanently removed from its communications network, replaced, and disposed of (or is in the process of permanently removing, replacing, and disposing of) covered communications equipment or services. The Bureau has determined that providing guidance on completing various sections in Form 5640 would elicit more accurate information from reimbursement recipients.

This proposed additional User Guides would not add to or otherwise change the information to be collected, and would impose no additional burden on respondents. The proposed additional User Guides will assist the Commission in processing funding disbursement requests, and in monitoring and furthering compliance with applicable program requirements to protect against waste, fraud, and abuse.

1 Pub. L. No. 116-124, 133 Stat. 158 (2020) (codified as amended at 47 U.S.C. §§ 1601-1609).