Goto Section: 54.8 | 54.101 | Table of Contents
Revised as of January 16, 2020
Goto Year:2019 |
§ 54.9 Prohibition on use of funds.
(a) USF support restriction No universal service support may be used to
purchase, obtain, maintain, improve, modify, or otherwise support any
equipment or services produced or provided by any company posing a
national security threat to the integrity of communications networks or
the communications supply chain.
(b) Designation of Entities Subject to Prohibition. (1) When the Public
Safety and Homeland Security Bureau (PSHSB) determines, either sua
sponte or in response to a petition from an outside party, that a
company poses a national security threat to the integrity of
communications networks or the communications supply chain, PSHSB shall
issue a public notice advising that such designation has been proposed
as well as the basis for such designation.
(2) Upon issuance of such notice, interested parties may file comments
responding to the initial designation, including proffering an
opposition to the initial designation. If the initial designation is
unopposed, the entity shall be deemed to pose a national security
threat 31 days after the issuance of the notice. If any party opposes
the initial designation, the designation shall take effect only if
PSHSB determines that the affected entity should nevertheless be
designated as a national security threat to the integrity of
communications networks or the communications supply chain. In either
case, PSHSB shall issue a second public notice announcing its final
designation and the effective date of its final designation. PSHSB
shall make a final designation no later than 120 days after release of
its initial determination notice. PSHSB may, however, extend such
120-day deadline for good cause.
(3) PSHSB will act to reverse its designation upon a finding that an
entity is no longer a threat to the integrity of communications
networks or the communications supply chain. A designated company, or
any other interested party, may submit a petition asking PSHSB to
remove a designation. PSHSB shall seek the input of Executive Branch
agencies and the public upon receipt of such a petition. If the record
shows that a designated company is no longer a national security
threat, PSHSB shall promptly issue an order reversing its designation
of that company. PSHSB may dismiss repetitive or frivolous petitions
for reversal of a designation without notice and comment. If PSHSB
reverses its designation, PSHSB shall issue an order announcing its
decision along with the basis for its decision.
(4) PSHSB shall have discretion to revise this process or follow a
different process if appropriate to the circumstances, consistent with
providing affected parties an opportunity to respond and with any need
to act expeditiously in individual cases.
[ 85 FR 249 , Jan. 3, 2020]
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Subpart B—Services Designated for Support
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Goto Section: 54.8 | 54.101
Goto Year: 2019 |
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