As part of its “Rip and Replace” program intended to rid the U.S. of telecommunications  equipment and services that it considers national security risks, on February 4, 2022, the FCC announced that all providers of advanced communications services (i.e., high-speed, switched, broadband telecommunications that enable users to generate and receive voice, data, graphics and video with speeds of at least 200 kbps in either direction) will be required to file annual reports concerning the extent to which their networks contain or utilize Covered Communications Equipment or Services. This report, which is due no later than May 5, 2022, must be filed through the FCC’s Supply Chain Filing Portal.

Specifically, any advanced communications service (ACS) provider that obtained Covered Equipment or Services on or after August 14, 2018, or within 60 days of when the FCC updates its Covered Equipment List must annually report on the use of such equipment and services. These reports must include detailed information, including: 

• An Excel list of all covered equipment and services which includes:
  • The name of the location of covered equipment
  • The type of location where covered equipment is present
  • The latitude and longitude of the location where covered equipment is present up to 6 decimal degree points
  • The address of the location (if available)
  • Whether the equipment is currently operational or not
  • The make of the equipment
  • The model/product identifier available for the equipment
  • The manufacturer of the covered equipment or service on the covered list
  • The name of any secondary or wholesale suppliers from which the equipment was obtained
  • The date the equipment or service was obtained
  • The count of the specific equipment or service at the location
  • The original per unit cost of the equipment
  • The estimated per unit replacement cost of the equipment
  • The descriptive functionality of the equipment or service.
• A justification explaining why such equipment and services were obtained as opposed to other equipment and services.
• Information regarding any plans to remove and replace Covered Equipment and Services or the intent to continue to use or obtain such equipment or services.

ACS providers who have obtained Covered Equipment or Services on or after August 14, 2018, must continue to file annual reports before March 31 of each year, regarding the status of same as of December 31 of the previous year.

Any ACS provider that does not have Covered Equipment or Services is still required to file an initial report through the Supply Chain Portal. This consists of filling out administrative information regarding the entity and certifying that it has not obtained such Covered Equipment or Services. In that event, the ACS is not required to submit subsequent annual reports unless it obtains any Covered Equipment or Service at a later date.

The CommLaw Group has experienced attorneys who can help you to ensure compliance with all Rip & Replace filing requirements and related matters. For further information please contact Ronald E. Quirk at req@commlawgroup.com or (703) 714-1305.