[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Rules and Regulations]
[Pages 18898-18900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06153]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[WC Docket No. 20-89; FCC 21-24; FRS 17581]


COVID-19 Telehealth Program

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) takes the next steps in funding the COVID-19 Telehealth 
Program (Program) by expanding the administrative responsibilities of 
the Universal Service Administrative Company (USAC). The Commission 
finds it in the public's interest to direct USAC to administer the 
remainder of Round 1 and all of Round 2 of the Program under the 
Commission's oversight.

DATES: Effective April 12, 2021 and applicable February 2, 2021.

FOR FURTHER INFORMATION CONTACT: Stephanie Minnock, Wireline 
Competition Bureau, 202-418-7400 or by email at 
[email protected]. We ask that requests for accommodations be 
made as soon as possible in order to allow the agency to satisfy such 
requests whenever possible. Send an email to [email protected] or call the 
Consumer and Governmental Affairs Bureau at (202) 418-0530.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, Report and Order in WC Docket No. 20-89; FCC 21-24, adopted 
on February 2, 2021 and released on February 2, 2021. Due to the COVID-
19 pandemic, the Commission's headquarters will be closed to the 
general public until further notice. The

[[Page 18899]]

full text of this document is available at the following internet 
address: https://docs.fcc.gov/public/attachments/FCC-21-24A1.pdf.

I. Introduction

    1. In the Report and Order, the Commission takes the next step 
towards committing funding through the COVID-19 Telehealth Program by 
finding it is in the public interest to expand the administrative 
responsibilities of the Universal Service Administrative Company to 
include the Program. The ongoing COVID-19 pandemic has caused 
unprecedented stress on the Nation's health care system. As health care 
providers have struggled to provide urgently needed care, telehealth 
has emerged as an essential resource to combatting the pandemic. In 
March 2020, Congress allocated $200 million to the Commission to 
establish a program to help health care providers offer telehealth and 
connected care services and connected devices to patients at their 
homes or mobile locations in response to the COVID-19 pandemic. The 
Commission established the Program and committed this funding to health 
care providers across the country. In December 2020, Congress 
appropriated an additional $249.95 million for a second round of 
funding for the Program under the Consolidated Appropriations Act, 
2021.

II. Discussion

    2. After careful review of the record, and consideration of the 
Commission's staff resources and the need to expeditiously implement 
Round 2 of the Program, the Commission adopted the proposal to direct 
USAC to administer the remainder of Round 1, which includes, but is not 
limited to, conducting an initial review of invoices, providing 
outreach and guidance to stakeholders about the invoicing processes, 
and processing post-program feedback reports. The Commission similarly 
directs USAC to administer all of Round 2 of the Program, which 
includes, but is not limited to, updating the portal that will be used 
by applicants, reviewing applications consistent with the metrics to be 
established by the Commission in a subsequent order, conducting an 
initial review of invoices, providing outreach and guidance to 
stakeholders about the application and invoicing processes, and 
administering any required audit and reporting requirements. For both 
the remainder of Round 1 and all of Round 2 of the Program, the 
Commission will retain the final funding decision-making authority.
    3. The CARES Act, which authorized the Commission to create the 
Program, allows the Commission to rely on its rules under Part 54, 
i.e., to use the services of USAC, if the Commission determines that 
doing so is in the public interest. During Round 1 of the Program, the 
Commission made this public interest finding and directed USAC to help 
administer a narrow portion of the Program by processing eligibility 
determinations and promoting the Program to interested stakeholders. 
Based on the lessons learned during Round 1, the need to complete Round 
1 and swiftly implement Round 2 of the Program, USAC's extensive 
experience, and the support of commenters in the record, the Commission 
finds it is in the public interest to direct USAC to administer the 
remainder of Round 1 and all of Round 2 of the Program under the 
Commission's oversight.
    4. USAC has more than 20 years of expertise developed from 
administering the Commission's Universal Service Fund Programs, which 
includes, but is not limited to, conducting applicant outreach, 
developing application systems, reviewing funding requests, and 
processing requests for disbursement. Given USAC's long-standing, 
successful record of administering the Universal Service Fund Programs, 
directing USAC to administer this Program would ensure the expeditious 
implementation of Round 2 of the Program and efficient continuation of 
the remaining work of Round 1 of the Program. In addition, using USAC 
in this manner will allow for more efficient allocation of Commission 
staff resources.
    5. The record further supports using USAC for the administration of 
the remainder of Round 1 and all of Round 2 of the Program. Commenters 
that opined on this matter supported the proposal to have USAC 
administer the Program, and at least one commenter noted USAC's 
successful administration of the Rural Health Care Program. Although 
another commenter noted that USAC would need additional resources to 
accommodate this work, the Commission intends to allocate a sufficient 
amount of administrative expenses from the COVID-19 Telehealth 
appropriation to USAC so that it can successfully mobilize the 
necessary resources to administer the Program.
    6. Consistent with its role in administering the Universal Service 
Fund Programs, USAC's role for the Program will be limited to program 
administration; USAC will not have authority to make policy decisions 
for the Program. As indicated, the full Commission will establish award 
metrics in a subsequent order. Thereafter, Commission staff will 
provide USAC with additional guidance as necessary regarding remaining 
Round 1 responsibilities, the Round 2 application review process, the 
Round 2 application prioritization criteria, the Round 2 invoice review 
process, and any other related administrative functions required to 
implement the Program. Given the ongoing nature of the pandemic, and 
the urgent need for the Program, the Commission finds that it is in the 
public interest to designate USAC as the administrator for the Program 
at this time so that it can expeditiously put into place any necessary 
administrative resources and processes while the Commission and its 
staff continue to evaluate policy questions.
    7. The Commission delegates financial oversight of the Program to 
the Commission's Managing Director and direct the Office of the 
Managing Director (OMD) to work in coordination with the Wireline 
Competition Bureau (Bureau) to ensure that all financial aspects of the 
program have adequate internal controls. These duties fall within OMD's 
current delegated authority to ensure that the Commission operates in 
accordance with federal financial statutes and guidance. Such financial 
oversight must be consistent with the metrics to be established by the 
Commission in a subsequent order, and any Commission rules and policies 
to the extent these are applicable to the Program. OMD performs this 
role with respect to USAC's administration of the Commission's 
Universal Service Programs and the Commission anticipates that OMD will 
leverage existing policies and procedures, to the extent practicable 
and consistent with section 903 of the Consolidated Appropriations Act, 
2021, Public Law 116-260, 134 Stat. 1182 to ensure the efficient and 
effective management of the Program. The Commission anticipates that 
among the first acts, OMD will perform to ensure satisfaction of its 
financial management obligations is the execution of a memorandum of 
understanding, or similar agreement, with USAC. Finally, the Commission 
notes that OMD is required to consult with the Bureau on any policy 
matters affecting the Program, consistent with Sec.  0.91(a) of the 
Commission's rules.
    8. In USAC's administration of the Program, it is directed to 
comply with, on an ongoing basis, all applicable laws and Federal 
government guidance on privacy and information security standards and 
requirements, such as the Privacy Act, relevant provisions in the 
Federal Information Security

[[Page 18900]]

Modernization Act of 2014, National Institute of Standards and 
Technology publications, and Office of Management and Budget guidance.
    9. The Commission finds that the Public Notice, DA 21-14 rel. Jan 
6, 2021 provided sufficient notice and allowed for suitable public 
comment on our proposal to allow USAC to administer the Program. 
However, out of an abundance of caution, the Commission also determines 
that using additional notice and comment procedures for the 
administration of the emergency relief Program, and thereby delaying 
its effectiveness by at least several months, would be impracticable 
and contrary to the public interest. The good cause exception to the 
notice and comment procedures of the Administrative Procedure Act 
``excuses notice and comment in emergency situations, or where delay 
could result in serious harm.'' ``In determining whether good cause 
exists, an agency should `balance the necessity for immediate 
implementation against principles of fundamental fairness which require 
that all affected persons be afforded a reasonable amount of time to 
prepare for the effective date of its ruling.' ''
    10. As a general matter, the Commission believes that public notice 
and comment requirements are an essential component of our rulemaking 
process. In this case, however, because of the unprecedented nature of 
this pandemic and the need for immediate action, the Commission finds 
there is good cause for forgoing a formal Notice of Proposed 
Rulemaking. Delaying USAC's ability to prepare for the administration 
of the Program would result in a delay in the commitment and use of 
Program funds. In light of the continued spread and devastating impact 
of COVID-19, and the continued urgent need to address this public 
health crises, any further delay in the use of Program funds to assist 
health care providers in meeting the health care needs of their 
patients could impede efforts to mitigate the spread of the disease, 
and would also frustrate Congress's decision to declare an ``emergency 
period'' when it appropriated $200 million for Round 1 of the Program. 
This emergency relief imposes a minimal regulatory burden on any 
parties and serves to expedite the commitment of appropriated funds to 
help health care providers combat this global pandemic. For the same 
reasons, and because USAC must begin preparations as soon as 
practicable to handle the tasks the Commission has assigned to it, the 
Commission also finds good cause to make the rules granting this relief 
effective immediately upon release of the Report and Order.

III. Procedural Matters

A. Paperwork Reduction Act Analysis

    11. This document contains no new information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13.

B. Congressional Review Act

    12. The Commission has determined, and the Administrator of the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), concurs that the rules adopted herein are ``non-major'' 
under the Congressional Review Act, 5 U.S.C. 804(2). Because the 
Commission finds for good cause that notice and public procedure on the 
rules adopted herein is impracticable, unnecessary, or contrary to the 
public interest, the Report and Order will become effective February 2, 
2021 pursuant to 5 U.S.C. 808(2). The Commission will send a copy of 
the Report and Order to Congress and the Government Accountability 
Office pursuant to 5 U.S.C. 801(a)(1)(A).

IV. Ordering Clauses

    13. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 201, 254, 303(r), and 403 of the Communications 
Act of 1934, as amended, 47 U.S.C. 201, 254, 303(r), and 403, DIVISION 
B of the Coronavirus Aid, Relief, and Economic Security Act, Public Law 
No 116-136, 134 Stat. 281, and DIVISION N of the Consolidated 
Appropriations Act, 2021, Public Law 116-260, 134 Stat. 1182, the 
Report and Order is adopted.
    14. It is further ordered that, pursuant to the authority contained 
in section 808(2) of the Congressional Review Act, 5 U.S.C. 808(2), the 
Report and Order shall become effective February 2, 2021.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021-06153 Filed 4-9-21; 8:45 am]
BILLING CODE 6712-01-P