Federal Communications Commission DA 17-613 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Rural Health Care Support Mechanism ) WC Docket No. 02-60 ORDER Adopted: June 23, 2017 Released: June 23, 2017 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. In this Order, we waive, sua sponte, the invoice filing deadline under the Healthcare Connect Fund (HCF) Program for funding year 2016 for the funding request numbers (FRNs) identified in the Appendix below. Specifically, we allow the applicants and service providers associated with these FRNs to submit their funding year 2016 invoicing forms to the Universal Service Administrative Company (USAC) within six months from the issuance date of their funding commitment letters (FCLs).1 2. Background. These applicants submitted FCC Form 462 applications to USAC during the second filing window period for funding year 2016 (i.e., September 1, 2016-November 30, 2016) and requested partial year funding commitments with services ending between July 2016 and March 2017.2 USAC only began to issue the associated FCLs on April 10, 2017, after reviewing an unprecedented number of applications.3 The Commission’s rules require all HCF invoices to be received by USAC within six month of the end of the funding commitment.4 By the time USAC issued these FCLs, however, some of the applicants’ invoicing deadlines had already passed, while others were set to expire less than six months later. Consequently, these applicants and service providers did not have sufficient time to complete and submit their invoices to USAC or were precluded altogether. 3. Discussion. Generally, the Commission’s rules may be waived if good cause is shown.5 The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest.6 In addition, the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis.7 Waiver of the Commission’s rules is appropriate only if both (i) special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.8 1 Funding year 2016 started on July 1, 2016 and ends on June 30, 2017. 2 See, e.g., FCC Form 462, Community Memorial Hospital (filed Sept. 8, 2016) (seeking funding from July 1, 2016 to September 6, 2016). 3 See USAC, Rural Health Care Program, Latest News, http://www.usac.org/about/tools/news/default.aspx (last visited June___, 2017). 4 See 47 CFR. § 54.645(b). 5 47 CFR § 1.3. 6 Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). 7 WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. 8 Northeast Cellular, 897 F.2d at 1166. Federal Communications Commission DA 17-613 2 4. We waive the invoice filing deadline for the FRNs identified below for funding year 2016 to avoid an unjust result that would make compliance with program rules impossible. In light of the circumstances at issue here, we allow the applicants and service providers associated with these FRNs to submit their completed invoices to USAC within six months from the issuance date of their FCLs. We find that a waiver of the invoice filing deadline for funding year 2016 will provide these applicants and service providers with sufficient flexibility to complete and submit their invoicing forms to USAC with the necessary supporting documentation. Waiving the invoice filing deadline for the FRNs identified below is in the public interest and ensures that the impacted applicants and service providers will have adequate time to finish their own invoicing processes. By providing this waiver, we also ensure that otherwise eligible health care providers receive the funding they need to obtain the advanced telecommunications and information services, network equipment, and/or facilities necessary for the provision of health care. 5. ACCORDINGLY, IT IS ORDERED, that pursuant to the authority contained in sections 1- 4, 254, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154, 254, and 403, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that this Order IS ADOPTED. 6. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that section 54.645(b) of the Commission’s rules, 47 C.F.R. § 54.645(b), IS WAIVED to the limited extent provided herein. 7. IT IS FURTHER ORDERED, pursuant to section 1.103(a) of the Commission’s rules, 47 C.F.R. § 1.103(a), that this Order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Ryan B. Palmer Chief Telecommunications Access Policy Division Wireline Competition Bureau Federal Communications Commission DA 17-613 3 Appendix HCP # HCP Name FRN Service End Date Invoice Due Date 45099 Mental Health Services of Southern Oklahoma 16935881 01/01/2017 10/17/2017 17246 Pennsylvania Mountains Healthcare Resource Dev 16918501 09/30/2016 10/17/2017 14364 Aurora Health Care- Reedsville 16932721 03/28/2017 10/17/2017 27767 Coastal Health Alliance/ Bolinas Family Practice 16897341 10/16/2016 10/17/2017 11261 Burlington Clinic 16898691 03/29/2017 10/17/2017 46474 Cumberland Medical Center-Crossville Med. Grp. 16903051 08/10/2016 10/17/2017 31793 Catholic Health Partners-Mercy Napoleon Clinic 16887891 12/28/2016 10/17/2017 16336 Spooner Health System 16933281 08/30/2016 10/17/2017 27406 Jellico Community Hospital 16896611 08/24/2016 10/17/2017 12704 St. Elizabeth’s Hospital 16885781 11/08/2016 10/17/2017 49052 Stoddard County Public Health Center 16913531 09/17/2016 10/17/2017 12704 St. Elizabeth’s Hospital 16903441 11/08/2016 10/17/2017 44855 OSF Medical Group- Byron 16896021 11/14/2016 10/17/2017 46717 Angel Medical Center- Ashville 16897361 10/13/2016 10/17/2017 10093 Transylvania Community Hospital 16912321 07/29/2016 10/17/2017 12618 Community Memorial Hospital 16887381 09/06/2016 10/17/2017 16385 Shore Memorial Hospital 16885531 09/25/2016 10/17/2017 47940 East Texas Medical Center- 1st Physicians 16902401 10/31/2016 10/17/2017 44864 OSF Medical Group- Hopedale 16918291 12/11/2016 10/17/2017 16336 Spooner Health System 16932611 08/30/2016 10/17/2017 15436 Colquitt Regional Medical Center (S Main St) 16909321 09/22/2016 10/17/2017 46665 Variety Care, Inc. 16918571 02/05/2017 10/17/2017 11270 Munson Healthcare- Charlevoix Hospital 16962371 01/02/2017 10/17/2017 48064 North Mississippi- Boone Medical 16960501 08/31/2016 10/17/2017 32551 Sauk Prairie Hospital 16966151 10/01/2016 10/17/2017 39171 Palms Medical Group Live Oak 16873311 12/30/2016 10/17/2017 49620 Cottage Health 16979911 12/02/2016 10/17/2017 11273 War Memorial Hospital 16948141 08/30/2016 10/17/2017 17268 Western New York Rural Area Health Educ. Cntr. 16959911 03/31/2017 10/17/2017 27406 Jellico Community Hospital 16977421 08/28/2016 10/17/2017 49294 Sauk Prairie Healthcare-Wellspring Campus 16966391 09/30/2016 10/17/2017 11776 Moundview Memorial Hospital & Clinics 16985511 11/19/2016 10/17/2017 14153 Lamb Healthcare Center 16986911 10/16/2016 10/17/2017 11264 Aurora Health Care- Lakeland Medical Center 16961971 07/13/2016 10/17/2017 15436 Colquitt Regional Medical Center (S Main St) 16968581 09/22/2016 10/17/2017 17236 North Country Telemedicine Project 16979221 03/31/2017 10/17/2017 37027 Palms Medical Group Branford 16957301 10/30/2016 10/17/2017 17246 Pennsylvania Mountains Healthcare Resource Dev 16940751 09/30/2016 10/17/2017 17209 Bacon County Health Services 16948941 02/06/2017 10/17/2017 11991 Community Hospital of Anaconda 16944141 10/31/2016 10/17/2017 32551 Sauk Prairie Hospital 16966251 09/30/2016 10/17/2017 32551 Sauk Prairie Hospital 16966201 09/30/2016 10/17/2017 49294 Sauk Prairie Healthcare- Wellspring Campus 16966351 09/30/2016 10/17/2017 31170 Tift Regional Medical Center dba Ocilla 16933571 07/28/2016 10/17/2017 26150 Pikesville Medical Center- Orthopedic Phy. Pract. 16919081 10/11/2016 10/17/2017 49294 Sauk Prairie Healthcare- Wellspring Campus 16966381 9/30/2016 10/17/2017 17234 New England Telehealth Consortium 16977951 03/06/2017 10/17/2017 11478 Mercy Medical Center- New Hampton 16938211 11/17/2016 10/17/2017 25766 Ballinger Memorial Hospital District 16957891 07/31/2016 10/17/2017 39846 Trinity Health- St. Mary’s Women’s Center 16945191 09/20/2016 10/17/2017 49959 Borgess Family Medicine- Delton 16939381 12/19/2016 10/17/2017