Supply Chain Annual Reports Due May 5, 2022 for Advanced Communications Services Providers

The FCC’s Office of Economics and Analytics and the Wireline Competition Bureau have released a Public Notice announcing the establishment of the online reporting portal for providers of “advanced communications services” to report the extent to which their networks contain or use covered communications equipment or services. “Advanced communications services” are “high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology with connections speeds of at least 200 kbps in either direction.” Covered equipment and services are those from Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company which were included in the Commission’s initial Covered List.

Under the Secure and Trusted Communications Networks Act of 2019, providers of advanced communications services are required to report whether they have purchased, rented, leased, or otherwise obtained any covered communications equipment or services since August 14, 2018. If any new equipment or services are added to the Covered List in the future, advanced service providers will also be required to report any purchase, rent, lease, or procurement of such equipment or services that occurs at least 60 days after the date the equipment or services are placed on the list. If a provider has any reportable equipment or services, it must provide information about the locations, types, suppliers, historic and replacement cost, functionality, replacement plans, and a detailed justification on why such equipment was obtained.

Each provider of advanced communications services must file an initial Supply Chain Annual Report by May 5, 2022. Beginning in 2023, annual reports must be filed by March 31 of each year reporting information as of December 31 of the previous year, unless such covered equipment and services are removed from the Covered List.

Even providers that do not have any covered communications equipment or services must file a report by May 5, 2022. However, these providers will not need to file subsequent annual reports unless they purchase, rent, lease, or otherwise obtain covered equipment or services at a later date.

The reporting portal, instructions, and other information regarding the annual reporting requirements are available at https://www.fcc.gov/supplychain.

Please contact any attorney in our Broadband, Spectrum, and Communications Infrastructure practice group if you have questions about the reporting requirements.