[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3044-3045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00759]


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FEDERAL COMMUNICATIONS COMMISSION

[WC Docket No. 17-310; DA 19-1253; FRS 16373]


Wireline Competition Bureau Provides Guidance on the 
Implementation Schedule for Reforms Adopted by the Rural Health Care 
Program Promoting Telehealth Report and Order

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communications Commission (the 
Commission or FCC) announces the intended schedule for the newly 
adopted reforms in the Rural Health Care Promoting Telehealth Report 
and Order.

FOR FURTHER INFORMATION CONTACT: William Layton, Telecommunications 
Access Policy Division, Wireline Competition Bureau, at (202) 418-0868 
or via email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice in WC Docket No. 17-310; DA 19-1253, released December 10, 2019. 
The full text of this document is available for public inspection 
during regular business hours in the FCC Reference Center, Room CY-
A257, 445 12th Street SW, Washington, DC 20554 or at the following 
internet address: https://docs.fcc.gov/public/attachments/DA-19-1253A1.pdf.
    On August 20, 2019, the Commission released a Report and Order 
reforming the rules for the Rural Health Care (RHC) Program to promote 
transparency and predictability, and further the efficient allocation 
of limited program resources. The Commission stated the adopted reforms 
would generally become effective, unless otherwise indicated, 30 days 
after publication of both the Rural Health Care Promoting Telehealth 
Report and Order (Order), FCC 19-78 and the Federal Register final rule 
summary (84 FR 54952, October 11, 2019; effective November 12, 2019). 
The Commission separately indicated when particular reforms would apply 
in funding year 2020 versus funding year 2021, and provided an 
implementation schedule summary ``to ease the burden on program 
applicants.'' The Commission noted, however, that, to the extent 
reforms require review pursuant to the Paperwork Reduction Act (PRA) of 
1995, such reforms would take effect immediately upon announcement in 
the Federal Register of Office of Management and Budget (OMB) approval.
    To provide further guidance to RHC Program participants, the 
following is the intended implementation schedule for the newly adopted 
reforms:

Funding Year 2020 Competitive Bidding (January 1, 2020)

     Similar services evaluated based on advertised speeds 30% 
above or below the speed of the requested service, Order at paras. 15-
16; and
     Revised and harmonized competitive bidding certifications, 
Order at paras. 156, 157, 172, 200; 47 CFR 54.622(e)(1)(i) through 
(ix).

Opening of Funding Year 2020 Application Window (February 1, 2020)

     Elimination of limitation on support for satellite 
services, Order at paras. 92-97;
     All Healthcare Connect Fund consortia must comply with 
majority-rural requirement, Order at paras. 147-49;
     Prohibition on directly or indirectly soliciting or 
accepting gifts, Order at paras. 166-69; 47 CFR 54.622(h)(1) through 
(4);
     Extension of Healthcare Connect Fund Program competitive 
bidding exemptions to the Telecommunications Program, Order at paras. 
163-65; 47 CFR 54.622(i)(1) through (5); and
     Revised and harmonized funding request certifications, 
Order at paras. 156, 168, 170, 172, 200; 47 CFR 54.623(a)(1)(i) through 
(x).

Start of Funding Year 2020 (July 1, 2020)

     Annual inflation adjustment of $150 million cap on multi-
year commitments and upfront payments, Order at paras. 138-140; 47 CFR 
54.619(a)(1) through (2);
     Prioritization of funding if demand exceeds the annual 
funding cap, Order at paras. 107-143; 47 CFR 54.621(b);
     Program-wide service delivery deadline, Order at paras. 
180-82; 47 CFR 54.626(a);
     Program-wide invoice deadline, Order at paras. 188-89; 47 
CFR 54.627(a); and
     Revised and harmonized invoice certifications for 
applicants and service providers, Order at paras. 168, 170, 172, 192-
93, 200; 47 CFR 54.627(c)(3), (d).

FY 2021 Competitive Bidding (July 1, 2020)

     Competitive bidding begins on July 1 prior to the start of 
the applicable funding year, Order at paras. 173-75;
     Reformed method of determining urban and rural rates by 
the Administrator, including publishing median urban and rural rates 
for eligible services in a publicly available database, Order at paras. 
21-67, 76-91; 47 CFR 54.604(a) through (b), 54.605(a) through (b);
     New standard of review for seeking a waiver of median 
rural rate determined by the Administrator, Order at paras. 68-75; 47 
CFR 54.605(c);
     Establish expanded consultant registration process, Order 
at paras. 170-71;
     Applicants must list the services for which they are 
seeking bids rather than what they need services to do*, Order at 
paras. 154-55; 47 CFR 54.622(d);
     Applicants must specify minimum requirements for weighted 
bid evaluation criteria, including whether they require service level 
guarantees*, Order at para. 158; 47 CFR 54.622(d);
     Applicants must specify any disqualification factors that 
may be used

[[Page 3045]]

to remove bids from consideration*, Order at para. 158; 47 CFR 
54.622(d));
     Applicants must provide details of aggregate purchase 
arrangements with other entities*, Order at para. 157; 47 CFR 
54.622(e)(2)); and
     Applicants must submit declaration of third-party 
assistance with competitive bidding form*, Order at paras. 158, 170; 47 
CFR 54.622(e)(4)).

The Order anticipated that the five foregoing reforms marked with an 
asterisk (*) would be implemented in funding year 2020. More time is 
required to obtain PRA approval of the rule changes from OMB, however. 
These reforms will, therefore, go into effect for funding year 2021.

Opening of Funding Year 2021 Application Window

     Requirement that USAC open an initial application filing 
window with an end date no later than 90 days prior to the start of the 
funding year, Order at paras. 176-79; 47 CFR 54.621(a);
     Elimination of distance-based support in the 
Telecommunications Program, Order at paras. 98-101; and
     Revised and harmonized program-wide documentation 
requirements for competitive bidding and funding requests, Order at 
paras. 156, 158, 172, 200; 47 CFR 54.622(e)(3) through (5), 
54.623(a)(3).

Start of Funding Year 2021 (July 1, 2021)

     Requirement that all Healthcare Connect Fund applicants 
submit an annual report, 47 CFR 54.618(b).
     Service providers must submit declarations of third-party 
assistance with invoices*, Order at para. 170;
     Program-wide requirements for site and service 
substitutions and Service Provider Identification Number (SPIN) 
changes*, Order at paras. 194-99; 47 CFR 54.624, 54.625;
     One-time 120-day extension of the program-wide invoice 
deadline*, Order at paras. 190-91; 47 CFR 54.627(b); and
     Ability to seek an extension of the program-wide service 
delivery deadline*, Order at paras. 183-87; 47 CFR 54.626(b).

The Order anticipated that the four foregoing reforms marked with an 
asterisk (*) would be implemented in funding year 2020. More time is 
required to obtain PRA approval of the rule changes from OMB, however. 
These reforms will, therefore, go into effect for funding year 2021.

Federal Communications Commission.
Ryan Palmer,
Division Chief, Telecommunications Access Policy Division, Wireline 
Competition Bureau.
[FR Doc. 2020-00759 Filed 1-16-20; 8:45 am]
BILLING CODE 6712-01-P