A Rule by the Federal Communications Commission on 04/12/2021

AGENCY:

Federal Communications Commission.

ACTION:

Final rule.

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 Start Printed Page 18899full 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 § 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 Start Printed Page 18900Modernization 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.

COLUMBIA, SC (WOLO)– On Monday, the White House released fact sheets for each state, highlighting the needs of each state that will be addressed under the American Jobs Plan.

The report says that South Carolina has over 3,780 miles of highway that are in poor condition, and the American Jobs Plan will dedicate over $600 billion towards improving the country’s transportation infrastructure including roads and bridges. The White House says the Americans Jobs plan will also invest over $85 million to modernize the nation’s public transit system.

According to the White House, the American Jobs Plan will address a number of needs in the country, including broadband, housing, clean drinking water, caregiving and manufacturing. The plan also recognizes the over 400,000 military veterans that live in the Palmetto State, and saying it will invest $18 billion towards improving the nation’s VA health care facilities.

Click here to see the full American Jobs Plan fact sheet for South Carolina.

Jennifer Lewis, a physical therapist at Tidelands Health Pediatric Rehabilitation Services, blows a kiss to a patient upon finishing a telemedicine visit. Lauren Petracca/Staff

By Lauren Petracca [email protected]

Telemedicine has proved its worth during the pandemic, and its expansion in South Carolina is strongly supported by Gov. Henry McMaster and the Legislature. But reaching the medically underserved regions of the state requires that they have adequate broadband internet service that in many cases remains unavailable.

That makes the lack of broadband services a major bottleneck for expanding telemedicine. It also is a chokepoint for online education. There are many ideas for expanding broadband service, but nearly all of them will require more government spending. Given the benefits of telemedicine and online education to our state’s rural communities, this should be a high priority for local, state and federal governments.

There is a large overlap between the medically underserved areas of the state and the many scattered areas — including some in Charleston, Dorchester and Berkeley counties — without any internet service or service that is too slow for effective online teaching or medical consultation.

The Legislature has appropriated $50 million to help expand broadband in the state, but that amount pales next to one projection that it will take an investment of $800 million to get the job done.

Given the poverty of many underserved areas, major commercial internet service providers have little incentive to make the necessary investments, just as many communities have found they can no longer afford hospitals.

The provision of adequate telemedicine services and the educational benefits of access to the internet are clearly public goods, and government should step in to provide the necessary incentives, including the creation of local nonprofit cooperatives to compete in the delivery of internet services. Such cooperatives are now forbidden by state law. That should change.

President Joe Biden’s infrastructure proposal includes $100 billion for government subsidies to broadband expansion, drawing on the analogy of the Rural Electrification Act that provided low-cost loans and authorized electric co-ops. South Carolina’s proportional share of this largesse would exceed $1 billion, which, if wisely spent, would be more than adequate to cover all of its gaps in broadband coverage.

The internet service provider industry, including such giants as AT&T and Verizon, opposes the creation of government-subsidized nonprofits to compete in the delivery of broadband services, and some prominent Republican voices have been raised against the Biden initiative.

So far that initiative lacks a full definition, although it is likely to follow the form of legislation recently proposed by S.C. Rep. Jim Clyburn, a champion of broadband for all. But the idea that adequate home access to the internet is a public good like farm-to-market roads and rural electric cooperatives is sound. Like most public investments, the government should strive for broadband service that is self-sufficient in the long run, and Congress needs to figure out a formula for distinguishing good investments from bad ones. The subsidies should not just add to the federal budget deficit.

A well-financed national plan for broadband expansion makes sense for the nation and for South Carolina. It would lead to a better-educated, healthier population and stronger economic growth. It should be enacted.

Source:  Post and Courier

The United States Department of Agriculture (USDA) announced that it is accepting applications for Distance Learning and Telemedicine (DLT) program grants to help provide educational and medical services in rural areas.

The DLT program helps fund distance learning and telemedicine services in rural areas to increase access to education, training and health care resources that are otherwise limited or unavailable. USDA plans to make $44.5 million available in fiscal year 2021. Of this amount, $10.2 million is intended for projects that provide substance use disorder treatment services in rural areas.

Eligible applicants include most state and local governmental entities, federally recognized tribes, nonprofits, and for-profit businesses.

Applications must be submitted electronically through grants.gov no later than June 4, 2021. For additional information, please visit the DLT webpage.

If you’d like to subscribe to USDA Rural Development updates, visit our GovDelivery subscriber page

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USDA is an equal opportunity provider, employer and lender

The Federal Communications Commission (FCC) recently approved the relaunch of the COVID-19 Telehealth Program on March 30, 2021, setting in motion the next round of awards for providers and healthcare organizations. The announcement means that providers and entities providing telehealth services can begin applying for program funding.

The COVID-19 Telehealth Program was first established by the Coronavirus Aid, Relief, and Economic Security Act (CARES) in March 2020 with an initial infusion of $200 million in federal funding for the program. According to the FCC, the COVID-19 Telehealth Program provides direct financial and technical support by funding “telecommunications services, information services, and devices necessary to provide critical connected care services.” While most COVID-19 telehealth funding opportunities are grant-based, this program reimburses providers for actual telehealth-related expenses incurred as a result of the pandemic. Funds are distributed as reimbursements for these eligible expenses.

The Appropriations Act of 2021 passed in late December 2020 authorized nearly $250 million in second round funding for the program and directed the FCC to improve the transparency and fairness of its application review process. In the Summer of 2020, concerns were raised by lawmakers about how the first round of funds were distributed under the program. In particular, lawmakers expressed concerns that the FCC did not disclose the entities that had received funding and that some providers in medically underserved areas could not obtain funding under the program. Congress explicitly directed the FCC to develop a more equitable application review process and to fund providers and entities from all 50 U.S. states and territories, with an emphasis on providers serving underserved populations.

After receiving public input on the second round, the FCC announced that it will prioritize applicants from areas with provider shortages and those that have been hit hardest by COVID-19, such as low-income and Tribal communities. The application process will also include objective evaluation criteria and a formal application deadline to ensure fair competition. In its March 30, 2021 announcement, the FCC stated that the application window will open in 30 days.

The COVID-19 Telehealth Program is one of several connected health funding opportunities introduced by the FCC in recent years and in response to COVID-19. The FCC’s Connected Care Pilot Program provides $100 million in funding over a three-year period to support broadband connectivity and network equipment for telehealth providers serving low-income areas and veterans.

Visit the FCC’s COVID-19 Telehealth Program website to learn more about the program. To view the FCC’s announcement, please visit this link.