[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Rules and Regulations]
[Pages 9295-9297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00588]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Dkt. No. 17-310; DA 20-1420; FRS 17373]


Promoting Telehealth in Rural America

AGENCY: Federal Communications Commission.

ACTION: Final rule and order; notification of operational date.

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SUMMARY: In this document, the Federal Communications Commission

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(Commission) announces the operational date of certain rules for 
funding year 2020.

DATES: This Order is effective March 15, 2021.

FOR FURTHER INFORMATION CONTACT: Bryan Boyle, Telecommunications Access 
Policy Division, Wireline Competition Bureau at (202) 418-7400 or TTY: 
(202) 418-0484 or via email: [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Order in WC Docket 
No. 17-310; DA 20-1420, adopted and released November 30, 2020. Due to 
the COVID-19 pandemic, the Commission's headquarters will be closed to 
the general public until further notice. The full text of this document 
is available at the following internet address: https://docs.fcc.gov/public/attachments/DA-20-1420A1.pdf.

I. Introduction

    1. The Wireline Competition Bureau (Bureau) amends the prior 
decision, adopted in the December 2019 Public Notice (DA 19-1253), to 
delay the implementation date of certain rule changes introduced in the 
Promoting Telehealth Report and Order (FCC 19-78). Specifically, in 
light of changed circumstances, the Bureau finds that the rules should 
be implemented as soon as possible, and hence the Order accelerates the 
operational date of those rules, thereby ensuring that the updated site 
and service substitution rules, corrective and operational Service 
Provider Identification Number (SPIN) change rules, service delivery 
deadline extension rules, and invoicing deadline extension rules 
adopted in the Promoting Telehealth Report and Order will be fully 
effective for the remainder of funding year 2020. The Bureau 
anticipates that this action will help Rural Health Care (RHC) Program 
participants, now faced with the challenges of the COVID-19 pandemic, 
address changing circumstances in the current funding year and beyond.

II. Discussion

    2. Through the Order the Bureau ensures that the rule changes in 
the Promoting Telehealth Report and Order adopting site and service 
substitutions for the Telecom Program, amending the SPIN change process 
to allow for corrective and operational changes across both the 
Healthcare Connect Fund and Telecom Programs, establishing a service 
delivery deadline of June 30 while permitting a one-year extension of 
the service delivery deadline, and permitting a one-time 120-day 
invoice filing extension will be effective for the remainder of funding 
year 2020. The December 2019 Public Notice pushed back the operational 
dates to funding year 2021 for all rule changes requiring approval 
pursuant to the Paperwork Reduction Act (PRA). Now that such PRA 
approval (eff. June 19, 2020 (85 FR 37022) has been obtained and in 
light of changed circumstances arising from the COVID-19 emergency, the 
Bureau recognizes that making these aforementioned rules operational 
for funding year 2020 could provide helpful flexibility to health care 
providers during the current funding year. Accordingly, the Bureau 
amends the earlier action in the December 2019 Public Notice so that 
the updated site and service substitution rules, corrective and 
operational SPIN change rules, and service delivery deadline and 
invoicing deadline extension rules will become operational for the 
remainder of funding year 2020, on March 15, 2021.
    3. The COVID-19 pandemic has caused an unprecedented medical 
emergency, highlighting the need for remote telehealth options to treat 
and save the lives of Americans. The Bureau anticipates that the rule 
changes that are made operational for the remainder of funding year 
2020 will help health care providers with changing circumstances as 
they serve patients in rural areas during this COVID-19 pandemic. The 
Bureau takes this action to amend the operational date of the rules to 
provide health care providers with increased flexibility to make 
changes to funding requests and seek extensions of RHC Program 
deadlines. The rules that are the subject of the Order were intended to 
harmonize requirements between the Telecom and Healthcare Connect Fund 
Programs and reduce administrative burdens on health care providers. 
Amending the operational date of the rules will, among other things, 
allow health care providers to seek extensions of the service delivery 
deadlines and invoice deadlines, make site and service substitution 
requests, and make SPIN changes. The COVID-19 pandemic is a heavy 
burden on health care providers, and the amendment of the operational 
date of the rules will assist program participants as they work to 
treat patients during the health emergency. Accordingly, the Bureau 
finds good cause exists given the urgent health care crisis to dispense 
with additional notice and comment, to the extent such notice and 
comment would normally be appropriate, before taking this action. The 
Bureau notes that the Order is consistent with the its prior actions in 
response to the COVID-19 pandemic, waiving filing deadlines and other 
administrative requirements to increase broadband connectivity and 
administrative flexibility for health care providers.
    4. The Order will become effective March 15, 2021. Any program 
participants seeking site and service substitutions or SPIN changes for 
the portion of funding year 2020 prior to the effective date of the 
Order may seek a waiver of the Commission's rules. Additionally, in the 
event that a program participant is negatively impacted by any of the 
actions taken in the Order, it may file a petition for waiver seeking 
relief from the updated effective date and request to use the rules 
predating the Promoting Telehealth Report and Order through funding 
year 2020.
    5. The Universal Service Administrative Company (USAC), the 
Universal Service Administrator, is currently working to implement 
technology changes that will allow program participants to make filings 
requesting changes consistent with the Promoting Telehealth Report and 
Order. In conjunction with the implementation of the new rules, USAC is 
updating its information technology systems to allow program 
participants to file the appropriate forms; however, those changes have 
not been implemented. Currently, USAC is working under a schedule 
stemming from the December 2019 Public Notice, in which the changes 
were to be implemented prior to the start of funding year 2021. The 
Commission expects that USAC will have implemented all technology 
deployments related to these rule changes before the end of funding 
year 2020. Because invoice extension requests and service delivery 
deadline requests occur at the end of the funding year, there should be 
no need for health care providers to make these requests before USAC is 
in position to accept such requests. Some health care providers, 
however, will likely wish to make SPIN change and site and service 
substitution requests mid-year. To ensure that the changes can be 
requested throughout the year, the Commission directs USAC to develop 
and publicize within 30 days of the Federal Register publication, an 
interim system for processing site and service substitutions and SPIN 
changes that will be available until USAC launches its permanent 
technological solution.

III. Ordering Clauses

    6. Accordingly, it is ordered that pursuant to the authority in 
sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 
U.S.C. 151-154 and 254, and pursuant to Sec. Sec.  0.91 and

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0.291 of the Commission's rules, 47 CFR 0.91 and 0.291, amending the 
operational date of Sec. Sec.  54.624, 54.625, 54.626, and 54.627 of 
the Commission's rules, 47 CFR 54.624, 54.625, 54.626, and 54.627, as 
indicated herein.
    7. It is further ordered that, pursuant to Sec.  1.102(b)(1) of the 
Commission's rules, 47 CFR 1.102(b)(1), the order shall be effective 
March 15, 2021.

Federal Communications Commission.
Cheryl L. Callahan,
Assistant Chief, Telecommunications Access Policy Division Wireline 
Competition Bureau.

    Editorial note:  This document was received for publication at 
the Office of the Federal Register on January 8, 2021.

[FR Doc. 2021-00588 Filed 2-11-21; 8:45 am]
BILLING CODE 6712-01-P