COVID-19 Telehealth Program (rule, 86 FR 18898, April 12, 2021)
Summary
A Federal Communications Commission final rule published in the Federal Register on April 12, 2021 (Vol. 86, No. 68), summarizing the Report and Order in WC Docket No. 20–89, FCC 21–24, on the COVID-19 Telehealth Program. It expands 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. The rule is effective April 12, 2021 and applicable February 2, 2021, and names Stephanie Minnock of the Wireline Competition Bureau as the contact.
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Cite this document
“COVID-19 Telehealth Program (rule, 86 FR 18898, April 12, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/covid-19-telehealth-program-rule-86-fr-18898-april-12-2021-a47aa2f03d/
, SHA-256 e9c6ee863e7770840f0eaac459efe92c24fc88b18f058631aab8b0f89ea82dc2.Full text
18898 Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Rules and Regulations
Guard Patrol Commander enforcing the the petition reaffirming its commitment the entry for Columbia to read as
security zone can be contacted on VHF– to applying for channel 27. The Bureau follows:
FM channels 16 and 22A. believes the public interest would be * * * * *
(4) Coast Guard Sector San Juan will, served by the substitution and will (i) * * *
when necessary and practicable, notify permit KOMU–TV to better serve its
the maritime community of periods viewers, who have experienced Community Channel No.
during which the security zone will be reception problems with VHF channel
in effect by providing advance notice of 8.
scheduled arrivals and departure of * * * * *
This is a synopsis of the
cruise ships via a Marine Broadcast Commission’s Report and Order, MB MISSOURI
Notice to Mariners. Docket No. 20–428; RM–11870; DA 21–
(5) All persons and vessels must 268, adopted March 4, 2021, and
comply with the instructions of on- released March 4, 2021. The full text of * * * * *
scene patrol personnel. On-scene patrol this document is available for download Columbia ................................. 17, 27
personnel include commissioned, at https://www.fcc.gov/edocs. To request
warrant, or petty officers of the U.S. * * * * *
materials in accessible formats for
Coast Guard. Coast Guard Auxiliary and people with disabilities (braille, large [FR Doc. 2021–06391 Filed 4–9–21; 8:45 am]
local or state officials may be present to print, electronic files, audio format), BILLING CODE 6712–01–P
inform vessel operators of the send an email to fcc504@fcc.gov or call
requirements of this section, and other the Consumer & Governmental Affairs
applicable laws. Bureau at 202–418–0530 (voice), 202–
(c) Definition. As used in this section, FEDERAL COMMUNICATIONS
418–0432 (tty). COMMISSION
cruise ship means a passenger vessel
greater than 100 feet in length that is This document does not contain
information collection requirements 47 CFR Chapter I
authorized to carry more than 150
passengers for hire, except for a ferry. subject to the Paperwork Reduction Act [WC Docket No. 20–89; FCC 21–24; FRS
of 1995, Public Law 104–13. In addition, 17581]
Dated: April 6, 2021. therefore, it does not contain any
Gregory H. Magee, proposed information collection burden COVID–19 Telehealth Program
Captain, U.S. Coast Guard, Captain of the ‘‘for small business concerns with fewer
AGENCY: Federal Communications
Port San Juan. than 25 employees,’’ pursuant to the
Commission.
[FR Doc. 2021–07439 Filed 4–9–21; 8:45 am] Small Business Paperwork Relief Act of
ACTION: Final rule.
BILLING CODE 9110–04–P 2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory SUMMARY: In this document, the Federal
Flexibility Act of 1980, 5 U.S.C. 601– Communications Commission
FEDERAL COMMUNICATIONS 612, do not apply to this proceeding. (Commission) takes the next steps in
COMMISSION The Commission will send a copy of funding the COVID–19 Telehealth
this Report and Order in a report to be Program (Program) by expanding the
47 CFR Part 73 sent to Congress and the Government administrative responsibilities of the
[MB Docket No. 20–428; RM–11870; DA 21– Accountability Office pursuant to the Universal Service Administrative
268; FR ID 17580] Congressional review Act, see 5 U.S.C. Company (USAC). The Commission
801(a)(1)(A). finds it in the public’s interest to direct
Television Broadcasting Services; USAC to administer the remainder of
Columbia, Missouri List of Subjects in 47 CFR Part 73
Round 1 and all of Round 2 of the
AGENCY: Federal Communications
Television. Program under the Commission’s
Commission. Federal Communications Commission. oversight.
ACTION: Final rule. Thomas Horan. DATES: Effective April 12, 2021 and
Chief of Staff, Media Bureau. applicable February 2, 2021.
SUMMARY: On March 4, 2021, the Media FOR FURTHER INFORMATION CONTACT:
Bureau, Video Division (Bureau) issued Final Rule Stephanie Minnock, Wireline
a Notice of Proposed Rulemaking in For the reasons discussed in the Competition Bureau, 202–418–7400 or
response to a petition for rulemaking preamble, the Federal Communications by email at Stephanie.Minnock@fcc.gov.
filed by The Curators of the University Commission amends 47 CFR part 73 as We ask that requests for
of Missouri (University), the licensee of follows: accommodations be made as soon as
KOMU–TV, channel 8 (NBC/CW), possible in order to allow the agency to
Columbia, Missouri, requesting the PART 73—RADIO BROADCAST satisfy such requests whenever possible.
substitution of channel 27 for channel 8 SERVICE Send an email to fcc504@fcc.gov or call
at Columbia in the DTV Table of the Consumer and Governmental Affairs
Allotments. For the reasons set forth in ■ 1. The authority citation for part 73 Bureau at (202) 418–0530.
the Report and Order referenced below, continues to read as follows: SUPPLEMENTARY INFORMATION: This is a
the Bureau substitutes channel 27 for summary of the Commission’s
Authority: 47 U.S.C. 154, 155, 301, 303,
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channel 8 at Columbia. 307, 309, 310, 334, 336, and 339. document, Report and Order in WC
DATES: Effective April 12, 2021. Docket No. 20–89; FCC 21–24, adopted
FOR FURTHER INFORMATION CONTACT: § 73.622 Digital television table of
on February 2, 2021 and released on
allotments.
Joyce Bernstein, Media Bureau, at (202) February 2, 2021. Due to the COVID–19
418–1647 or Joyce.Bernstein@fcc.gov. ■ 2. In § 73.622 in paragraph (i), amend pandemic, the Commission’s
SUPPLEMENTARY INFORMATION: The the Post-Transition Table of DTV headquarters will be closed to the
University filed comments in support of Allotments, under Missouri, by revising general public until further notice. The
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Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Rules and Regulations 18899
full text of this document is available at 3. The CARES Act, which authorized metrics in a subsequent order.
the following internet address: https:// the Commission to create the Program, Thereafter, Commission staff will
docs.fcc.gov/public/attachments/FCC- allows the Commission to rely on its provide USAC with additional guidance
21-24A1.pdf. rules under Part 54, i.e., to use the as necessary regarding remaining Round
services of USAC, if the Commission 1 responsibilities, the Round 2
I. Introduction
determines that doing so is in the public application review process, the Round 2
1. In the Report and Order, the interest. During Round 1 of the Program, application prioritization criteria, the
Commission takes the next step towards the Commission made this public Round 2 invoice review process, and
committing funding through the interest finding and directed USAC to any other related administrative
COVID–19 Telehealth Program by help administer a narrow portion of the functions required to implement the
finding it is in the public interest to Program by processing eligibility Program. Given the ongoing nature of
expand the administrative determinations and promoting the the pandemic, and the urgent need for
responsibilities of the Universal Service Program to interested stakeholders. the Program, the Commission finds that
Administrative Company to include the Based on the lessons learned during it is in the public interest to designate
Program. The ongoing COVID–19 Round 1, the need to complete Round USAC as the administrator for the
pandemic has caused unprecedented 1 and swiftly implement Round 2 of the Program at this time so that it can
stress on the Nation’s health care Program, USAC’s extensive experience, expeditiously put into place any
system. As health care providers have and the support of commenters in the necessary administrative resources and
struggled to provide urgently needed record, the Commission finds it is in the processes while the Commission and its
care, telehealth has emerged as an public interest to direct USAC to staff continue to evaluate policy
essential resource to combatting the administer the remainder of Round 1 questions.
pandemic. In March 2020, Congress and all of Round 2 of the Program under 7. The Commission delegates
allocated $200 million to the the Commission’s oversight. financial oversight of the Program to the
Commission to establish a program to 4. USAC has more than 20 years of Commission’s Managing Director and
help health care providers offer expertise developed from administering direct the Office of the Managing
telehealth and connected care services the Commission’s Universal Service Director (OMD) to work in coordination
and connected devices to patients at Fund Programs, which includes, but is with the Wireline Competition Bureau
their homes or mobile locations in not limited to, conducting applicant (Bureau) to ensure that all financial
response to the COVID–19 pandemic. outreach, developing application aspects of the program have adequate
The Commission established the systems, reviewing funding requests, internal controls. These duties fall
Program and committed this funding to and processing requests for within OMD’s current delegated
health care providers across the country. disbursement. Given USAC’s long- authority to ensure that the Commission
In December 2020, Congress standing, successful record of operates in accordance with federal
appropriated an additional $249.95 administering the Universal Service financial statutes and guidance. Such
million for a second round of funding Fund Programs, directing USAC to financial oversight must be consistent
for the Program under the Consolidated administer this Program would ensure with the metrics to be established by the
Appropriations Act, 2021. the expeditious implementation of Commission in a subsequent order, and
II. Discussion Round 2 of the Program and efficient any Commission rules and policies to
continuation of the remaining work of the extent these are applicable to the
2. After careful review of the record, Round 1 of the Program. In addition, Program. OMD performs this role with
and consideration of the Commission’s using USAC in this manner will allow respect to USAC’s administration of the
staff resources and the need to for more efficient allocation of Commission’s Universal Service
expeditiously implement Round 2 of the Commission staff resources. Programs and the Commission
Program, the Commission adopted the 5. The record further supports using anticipates that OMD will leverage
proposal to direct USAC to administer USAC for the administration of the existing policies and procedures, to the
the remainder of Round 1, which remainder of Round 1 and all of Round extent practicable and consistent with
includes, but is not limited to, 2 of the Program. Commenters that section 903 of the Consolidated
conducting an initial review of invoices, opined on this matter supported the Appropriations Act, 2021, Public Law
providing outreach and guidance to proposal to have USAC administer the 116–260, 134 Stat. 1182 to ensure the
stakeholders about the invoicing Program, and at least one commenter efficient and effective management of
processes, and processing post-program noted USAC’s successful administration the Program. The Commission
feedback reports. The Commission of the Rural Health Care Program. anticipates that among the first acts,
similarly directs USAC to administer all Although another commenter noted that OMD will perform to ensure satisfaction
of Round 2 of the Program, which USAC would need additional resources of its financial management obligations
includes, but is not limited to, updating to accommodate this work, the is the execution of a memorandum of
the portal that will be used by Commission intends to allocate a understanding, or similar agreement,
applicants, reviewing applications sufficient amount of administrative with USAC. Finally, the Commission
consistent with the metrics to be expenses from the COVID–19 Telehealth notes that OMD is required to consult
established by the Commission in a appropriation to USAC so that it can with the Bureau on any policy matters
subsequent order, conducting an initial successfully mobilize the necessary affecting the Program, consistent with
review of invoices, providing outreach resources to administer the Program. § 0.91(a) of the Commission’s rules.
and guidance to stakeholders about the 6. Consistent with its role in 8. In USAC’s administration of the
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application and invoicing processes, administering the Universal Service Program, it is directed to comply with,
and administering any required audit Fund Programs, USAC’s role for the on an ongoing basis, all applicable laws
and reporting requirements. For both Program will be limited to program and Federal government guidance on
the remainder of Round 1 and all of administration; USAC will not have privacy and information security
Round 2 of the Program, the authority to make policy decisions for standards and requirements, such as the
Commission will retain the final the Program. As indicated, the full Privacy Act, relevant provisions in the
funding decision-making authority. Commission will establish award Federal Information Security
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18900 Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Rules and Regulations
Modernization Act of 2014, National USAC’s ability to prepare for the Office of Management and Budget
Institute of Standards and Technology administration of the Program would (OMB), concurs that the rules adopted
publications, and Office of Management result in a delay in the commitment and herein are ‘‘non-major’’ under the
and Budget guidance. use of Program funds. In light of the Congressional Review Act, 5 U.S.C.
9. The Commission finds that the continued spread and devastating 804(2). Because the Commission finds
Public Notice, DA 21–14 rel. Jan 6, 2021 impact of COVID–19, and the continued for good cause that notice and public
provided sufficient notice and allowed urgent need to address this public procedure on the rules adopted herein
for suitable public comment on our health crises, any further delay in the is impracticable, unnecessary, or
proposal to allow USAC to administer use of Program funds to assist health contrary to the public interest, the
the Program. However, out of an care providers in meeting the health Report and Order will become effective
abundance of caution, the Commission care needs of their patients could February 2, 2021 pursuant to 5 U.S.C.
also determines that using additional impede efforts to mitigate the spread of 808(2). The Commission will send a
notice and comment procedures for the the disease, and would also frustrate copy of the Report and Order to
administration of the emergency relief Congress’s decision to declare an Congress and the Government
Program, and thereby delaying its ‘‘emergency period’’ when it Accountability Office pursuant to 5
effectiveness by at least several months, appropriated $200 million for Round 1 U.S.C. 801(a)(1)(A).
would be impracticable and contrary to of the Program. This emergency relief
imposes a minimal regulatory burden on IV. Ordering Clauses
the public interest. The good cause
exception to the notice and comment any parties and serves to expedite the 13. Accordingly, it is ordered that,
procedures of the Administrative commitment of appropriated funds to pursuant to the authority contained in
Procedure Act ‘‘excuses notice and help health care providers combat this sections 201, 254, 303(r), and 403 of the
comment in emergency situations, or global pandemic. For the same reasons, Communications Act of 1934, as
where delay could result in serious and because USAC must begin amended, 47 U.S.C. 201, 254, 303(r),
harm.’’ ‘‘In determining whether good preparations as soon as practicable to and 403, DIVISION B of the Coronavirus
cause exists, an agency should ‘balance handle the tasks the Commission has Aid, Relief, and Economic Security Act,
the necessity for immediate assigned to it, the Commission also Public Law No 116–136, 134 Stat. 281,
implementation against principles of finds good cause to make the rules and DIVISION N of the Consolidated
fundamental fairness which require that granting this relief effective immediately Appropriations Act, 2021, Public Law
all affected persons be afforded a upon release of the Report and Order. 116–260, 134 Stat. 1182, the Report and
reasonable amount of time to prepare for III. Procedural Matters Order is adopted.
the effective date of its ruling.’ ’’ 14. It is further ordered that, pursuant
10. As a general matter, the A. Paperwork Reduction Act Analysis to the authority contained in section
Commission believes that public notice 11. This document contains no new 808(2) of the Congressional Review Act,
and comment requirements are an information collection requirements 5 U.S.C. 808(2), the Report and Order
essential component of our rulemaking subject to the Paperwork Reduction Act shall become effective February 2, 2021.
process. In this case, however, because of 1995 (PRA), Public Law 104–13.
of the unprecedented nature of this Federal Communications Commission.
pandemic and the need for immediate B. Congressional Review Act Marlene Dortch,
action, the Commission finds there is 12. The Commission has determined, Secretary.
good cause for forgoing a formal Notice and the Administrator of the Office of [FR Doc. 2021–06153 Filed 4–9–21; 8:45 am]
of Proposed Rulemaking. Delaying Information and Regulatory Affairs, BILLING CODE 6712–01–P
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