Federal Communications Commission DA 20-1092 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Rural Health Care Universal Service Support Mechanism ) ) ) ) WC Docket No. 02-60 ORDER Adopted: September 16, 2020 Released: September 16, 2020 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: I. INTRODUCTION 1. In this Order, we waive, on our own motion, the Rural Health Care (RHC) Program’s Healthcare Connect Fund Program invoice filing deadline in section 54.645(b) of the Commission’s rules 47 CFR § 54.645(b) (2018). to provide relief to applicants and service providers who received funding year (FY) 2019 funding commitment letters (FCLs) after or within 180 days of the invoice filing deadline. See Appendix. The Healthcare Connect Fund Program is one of the two programs that comprise the RHC Program. We allow these entities to submit invoices to the Universal Service Administrative Company (USAC) within 180 days from the later of the release date of this Order or the issuance of an FCL by USAC. II. BACKGROUND 2. The Healthcare Connect Fund Program provides support to eligible health care providers and consortia made up of eligible health care providers for advanced telecommunications and information services, network equipment, and/or facilities necessary for the provision of health care services. See Rural Health Care Support Mechanism, WC Docket No. 02-60, Report and Order, 27 FCC Rcd 16678 (2012) (Healthcare Connect Fund Order). After an applicant has completed its competitive bidding process, it must file an FCC Form 462 to request a funding commitment for the selected eligible services, network equipment, and/or facilities. See 47 CFR § 54.643(a)(1) (2018); FCC Form 462, Rural Health Care Universal Service, Healthcare Connect Fund, Funding Request Form, OMB 3060-0804, https://www.usac.org/wp-content/uploads/rural-health-care/documents/FCC-Forms/Form_462_2019.pdf (last visited Sept. 16, 2020).  Once the applicant has received a funding commitment from USAC, the service provider has installed or commenced the requested eligible services, equipment, and/or facilities, and the applicant has received a bill from the service provider, the applicant and service provider must jointly submit an FCC Form 463 to USAC for disbursement of funding from the Program for the services, equipment, and/or facilities in the applicant's funding commitment letter. See 47 CFR § 54.645 (2018); FCC Form 463, Rural Health Care Universal Service, Healthcare Connect Fund, Invoice and Request for Disbursement Form, OMB 3060-0804, https://www.usac.org/wp-content/uploads/rural-health-care/documents/FCC-Forms/FCC-Form-463.pdf (last visited Sept. 16, 2020).   Pursuant to section 54.645(b) of the Commission’s rules, invoices for the Healthcare Connect Fund Program must be submitted to USAC within six months of the end date of the funding commitment. See 47 CFR § 54.645(b). Effective FY 2020, the Commission has established a new invoice deadline of 120 days after the later of the service delivery deadline or the date of a revised FCL issued pursuant to an approved post-commitment request or a successful appeal. See Promoting Telehealth in Rural America, WC Docket No. 17-310, Report and Order, 34 FCC Rcd 7335, 7423-26, paras. 188-193 (2019). 3. RHC COVID-19 Relief Order. In March 2020, as part of the Commission’s continuing efforts to ensure that health care providers have the resources needed to effectively respond to the coronavirus pandemic, we granted relief to RHC Program participants to assist them in addressing the ongoing public health emergency. See Rural Health Care Support Mechanism, WC Docket No. 02-60, Order, 35 FCC Rcd 2922, 2922, para. 1 (WCB 2020) (RHC COVID-19 Relief Order). Section 54.645(b) requires that invoices be submitted to USAC within six months of the end of the end date of the funding commitment. 47 CFR § 54.645(b) (2018). The waiver of the invoice filing deadline described in the RHC COVID-19 Relief Order applied to Healthcare Connect Fund Program participants only for FY 2019 funding requests. RHC COVID-19 Relief Order, 35 FCC Rcd at 2926, n. 33. The RHC COVID-19 Relief Order provided, among of things, an automatic 180-day extension of the invoice filing deadline for FY 2019 Healthcare Connect Fund Program funding requests. See RHC COVID-19 Relief Order, 35 FCC Rcd at 2926, para. 11. In the RHC COVID-19 Relief Order, we (1) extended the RHC Program application filing window until June 30, 2020; (2) eased competitive bidding requirements for health care providers with expiring evergreen contracts; and (3) provided an extension of procedural deadlines, such as the response time for USAC information requests, the service delivery deadline, the invoice filing deadline, and the deadline for appeals and requests for waiver. In conjunction with the RHC COVID-19 Relief Order, in the RHC and E-Rate COVID-19 Gift Rules Waiver Order, we waived both programs’ gift rules, which allowed service providers to offer, and for RHC and E-Rate program participants to solicit and accept, improved broadband connections or equipment for telehealth or remote learning during the COVID-19 outbreak without running afoul of Commission rules. See Rural Health Care Universal Service Support Mechanism; Schools and Libraries Universal Service Support Mechanism, WC Docket No. 02-60, CC Docket No. 02-6, Order, 35 FCC Rcd 2741 (WCB 2020) (waiving sections 54.622(h) and 54.503(d) of the Commission’s rules until September 30, 2020) (RHC and E-Rate COVID-19 Gift Rules Waiver Order). We further extended the waiver of the RHC and E-Rate Program’s gift rules in the RHC and E-Rate Gift Rule Waiver Extension Order, which extended the waiver of the gift rules through December 31, 2020. See Rural Health Care Universal Service Support Mechanism; Schools and Libraries Universal Service Support Mechanism, WC Docket No. 02-60, CC Docket No. 02-6, Order, DA 20-1021 (WCB rel. Sept. 3,2020) (RHC and E-Rate Gift Rule Waiver Extension Order). The invoice filing deadline extension was intended to allow health care providers to focus their attention on addressing the influx of patients associated with the COVID-19 pandemic and maintaining care for existing patients without the diversion of near-term RHC Program administrative requirements. See RHC COVID-19 Relief Order, 35 FCC Rcd at 2926, para. 1. The applicants addressed herein received FCLs with invoice filing deadlines that have lapsed or left the applicants with insufficient time to submit invoices to USAC. 4. Late funding commitments. Applicants submitted FCC Form 462 applications for Healthcare Connect Fund Program support to USAC during the application filing window period for FY 2019 (i.e., February 1 to June 30, 2019) See Rural Healthcare Support Mechanism, WC Docket No. 02-60, Order, 35 FCC Rcd 2659, 2659, para. 3 n.1 (2020) (RHC FY2019 Demand Order). On May 20, 2019, the Commission extended the FY 2019 application filing window until June 30, 2019 for applicants who submitted upfront or multi-year applications in FY 2018 or have not received an FCL for a FY 2018 funding request by the release date of the Order. See Rural Healthcare Support Mechanism, WC Docket No. 02-60, Order, 34 FCC Rcd 4136, 4040-41, para. 13 (2019). to request funding for FY 2019, which ran from July 1, 2019 through June 30, 2020. 47 CFR § 54.675(b) (2018); Funding Year Overview, USAC, https://www.usac.org/rural-health-care/additional-program-guidance/funding-year-overview/ (last visited Sept. 16, 2020). USAC reviews applications and issues FCLs on a rolling basis. See Funding Year Overview, USAC, https://www.usac.org/rural-health-care/additional-program-guidance/funding-year-overview/ (last visited Sept. 16, 2020). Despite the invoice deadline extension granted in the RHC COVID-19 Relief Order, by the time USAC issued certain FY 2019 FCLs, the applicants’ extended invoice filing deadlines had already lapsed, while other applicants had invoice filing deadlines that would lapse within 180 days of receipt of their FCLs. USAC identified specific applicants with funding requests that were committed after or within 180 days of the invoice filing deadline that may also be precluded from submitting invoices by the extended invoice filing deadline. See Appendix. The funding request numbers (FRNs) included in the Appendix is a non-exhaustive list of the affected applicants. USAC is still processing funding requests for FY 2019 and continues to issue FY 2019 FCLs; thus, there may be other applicants and service providers that will receive FCLs after the invoicing filing deadline has lapsed or will have insufficient time to submit invoices by the filing deadline. See also Funding Year Overview, USAC, https://www.usac.org/rural-health-care/additional-program-guidance/funding-year-overview/ (last visited Sept. 16, 2020) (“USAC is currently issuing decisions on FY2019 funding requests, and will continue to do so on a rolling basis.”). III. DISCUSSION 5. On our own motion, we waive the invoice filing deadline set forth in section 54.645(b) of the Commission’s rules See 47 § 54.645(b) (requiring that all invoices must be submitted to USAC within six months of the end of the funding commitment). The relief granted herein also waives the invoice filing deadline established in the RHC COVID-19 Relief Order, which extended the invoice filing deadline established in Section 54.645(b) by 180 days. for the applicants that received FCLs with either an invoice filing deadline that already lapsed or left applicants with insufficient time to submit invoices before the invoice filing deadline identified in the Appendix. For these applicants and service providers, we direct USAC to set a new invoice filing deadline of the later of 180 days from the release date of this Order or 180 days from the issuance of an FCL. We also direct USAC to conduct outreach as described in this Order. 6. Generally, the Commission’s rules may be waived for good cause shown. 47 CFR § 1.3. The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). In addition, the Commission may take into account considerations of hardship, equity, or more effective implementation of the overall policy on an individual basis. WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. Waiver of the Commission’s rules is appropriate only if both (1) special circumstances warrant a deviation from the general rule, and (2) such deviation will serve the public interest. Northeast Cellular, 897 F.2d at 1166. 7. We have previously granted waivers of the invoice filing deadline in the RHC Program where a delay in USAC’s review of a funding request and subsequent issuance of an FCL precluded the applicant from meeting the invoice filing deadline. See Rural Health Care Support Mechanism, WC Docket 02-60, Order, 35 FCC Rcd 1986, 1994 (WCB 2020) (FY 2018 Healthcare Connect Fund Program Invoice Waiver Order); see also Rural Health Care Support Mechanism, WC Docket No. 02-60, Order, 32 FCC Rcd 5065, 5065-66, paras. 2, 4 (WCB 2017) (granting a waiver of the invoice filing deadline when the deadline had already passed at the time that health care providers received USAC’s decision, which made compliance with program rules impossible). Based on this precedent, we find that USAC’s issuance of FCLs after or within 180 days of the invoice filing deadline amounts to special circumstances and that the public interest would be served by allowing these applicants and service providers to submit invoices. This issue arose through no fault of the applicants and service providers, and it would be impossible or impracticable to submit invoices by the invoice filing deadline. Rural Health Care Support Mechanism, WC Docket No. 02-60, Order, 32 FCC Rcd 5065, 5065, para. 2 (WCB 2017) (2017 Rural Health Care Program Invoicing Waiver Order). A waiver of the invoice filing deadline will not lead to any undue advantage in funding as these applicants and service providers will not receive more funding than allowed under the RHC Program rules. In order to promote administrative efficiency for program participants, the Commission, and USAC, rather than addressing waiver requests on a case-by-case basis, we grant a waiver applicable to all applicants and service providers who received FCLs after or within 180 days of the invoice deadline to save them the burden of filing individual waivers. Additionally, a waiver applicable to all applicants and service providers in this situation provides certainty that they will be able to submit invoices for FY 2019 Healthcare Connect Fund Program funding requests where they have complied with RHC Program rules and would otherwise be precluded from submitting invoices through no fault of their own. 8. We direct USAC to set a new invoice deadline of the later of 180 days from the release date of this Order or 180 days from the date of the FCL. This new invoice filing deadline will allow applicants and service providers time to complete and submit their invoicing forms to USAC and is consistent with RHC Program rules. 47 CFR § 54.645(b). A non-exhaustive list of funding requests that USAC has already identified for which it issued FCLs after or within 180 days of the invoice filing deadline is in the Appendix. Because there are likely funding requests other than those listed in the Appendix that are subject to the relief we provide in this Order, we direct USAC to identify any other applicants and service providers who are subject to the waiver granted herein and extend the invoice filing deadline 180 days from the later of the release date of this Order or the date of the FCL. To ensure that applicants and service providers are aware of their new invoice filing deadlines, we also direct USAC to update the invoice filing deadline and send notifications of the updated invoice filing deadlines within 14 days of the release of this Order for funding requests that have already been committed and within 14 days of the issuance of the FCL for funding requests that have not yet been committed. Although we grant a limited waiver of the Commission’s invoice filing deadline, this Order does not alter the obligations of participants in the RHC Program to comply with the Commission’s rules. See 47 CFR §§ 54.600 et seq. (2018). 9. We emphasize that the Commission is committed to protecting the RHC Program from waste, fraud, and abuse and ensuring that funds disbursed through the RHC Program are used for appropriate purposes and we find no evidence of waste, fraud, or abuse will result from waiving the invoice filing deadline rule. Although we grant a limited waiver of the Commission’s invoice filing deadline rule, this action does not affect the authority of the Commission or USAC to conduct audits or investigations with respect to the funding requests listed in the Appendix or that USAC identifies as qualifying for the relief granted herein to determine compliance with RHC Program rules and requirements. Because audits or investigations may provide information showing that a RHC Program participant failed to comply with the statute or the Commission’s rules, such proceedings can reveal instances in which universal service funds were disbursed improperly, or in a manner inconsistent with the statute or the Commission’s rules. To the extent that the Commission finds that funds were not used properly, the Commission will require USAC to recover such funds through its normal processes. The Commission retains the discretion to evaluate the use of funds disbursed through the RHC Program and to determine on a case-by-case basis whether waste, fraud, or abuse of program funds occurred, or recovery is warranted. The Commission will continue to aggressively pursue instances of waste, fraud, or abuse under the Commission’s procedures and in cooperation with law enforcement agencies. IV. ORDERING CLAUSES 10. 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 CFR §§ 0.91, 0.291, 1.3 and 54.722(a), that this Order IS ADOPTED. 11. 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 CFR §§ 0.91, 0.291, 1.3 and 54.722(a), that section 54.645(b) of the Commission’s rules, 47 CFR § 54.645(b), IS WAIVED to the limited extent provided herein. 12. IT IS FURTHER ORDERED, pursuant to section 1.103(a) of the Commission’s rules, 47 CFR § 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 2 Appendix Funding Commitment Letters Issued with Lapsed Invoice Filing Deadline or Within 180 Days of the Invoice Filing Deadline HCP No. HCP Name FRN SPIN Service Provider Name FCL Date Invoice Deadline Listed on FCL 25528 Carondelet Health Center 19635471 143021460 Centurylink Level 3 Communications, LLC 7/16/2020 1/6/2020 57429 Tennessee Telehealth Consortium 19644181 143001639 Tellico Telephone Company, Inc. 7/6/2020 1/31/2020 32287 Ascension Medical Group At Kiel 19635971 143048275 Time Warner Cable Business LLC 7/16/2020 2/12/2020 31990 Mchs In New Prague New – Prague Hospital 19552751 143002116 Consolidated Communications of Minnesota Company 7/9/2020 2/16/2020 32857 Mclaren Health Care – Mclaren Lapeer Region 19645731 143025928 Us Signal Company, LLC 7/30/2020 3/3/2020 11266 Munson Medical Center 19651101 143049465 Everstream GLC Holding Company LLC 7/23/2020 5/29/2020 11268 Munson Medical Center 19660971 143049465 Everstream GCL Holding Company LLC 7/23/2020 5/29/2020 49488 Mountain States Health Alliance 19611411 143050436 Charter Communications Operating LLC 8/13/2020 1/3/2020 12513 Phelps Memorial Health Center 19645781 143050436 Charter Communications Operating LLC 8/6/2020 1/28/2020 13679 Long Valley Health Center 19623841 143031579 Ena Healthcare Services, LLC 8/27/2020 1/31/2020 59497 Gibson – Brink’s Family Practice 19643221 143048275 Time Warner Cable Business LLC 8/31/2020 2/29/2020 54401 Goshen Medical Center - Southport 19510451 143001157 Centurylink Quest Communications Company, LLC 8/20/2020 3/1/2020 11268 Munson Medical Center 19661691 143050436 Charter Communications Operating LLC 8/20/2020 3/28/2020 34046 Tift Regional Medical Center Dba Ben Hill Specialty Clinic 19542341 143029836 Mcc Telephony, LLC 8/27/2020 3/31/2020 14224 North Shore Medical Clinic – Algoma 19631881 143001192 AT&T Corp. 8/13/2020 4/8/2020 24510 Munson Healthcare Boyne Area Health Center 19640261 143049465 Everstream Gcl Holding Company, LLC 8/20/2020 4/30/2020 60432 Goshen Medical Center - Vineland 19510391 143001157 Centurylink Qwest Communications Company, LLC 5/21/2020 2/29/2020 51819 UPMC Pinnacle 19544911 143003990 Comcast Business Communications 5/28/2020 2/18/2020 59996 Adventist Health System (Florida) 19554291 143050436 Charter Communications Operating LLC 3/19/2020 1/3/2020 59996 Adventist Health System (Florida) 19554361 143001444 Centurylink-Embarq Florida, Inc. (fka Embarq) 6/12/2020 1/3/2020 49488 Mountain States Health Alliance 19561991 143001420 Centurylink United Telephone-Southeast, Inc. (fka Embarq) 6/12/2020 1/21/2020 47555 Livingston Community Health Consortium 19626261 143042955 Corcom Communications, Inc. 2/13/2020 3/12/2020 38352 Cross Timbers Community Health Center 19637251 143031579 Ena Healthcare Services, LLC 2/13/2020 3/24/2020 33823 Catholic Health Initiatives 19665971 143009090 Interfacing Company Of Texas 6/4/2020 1/1/2020 30885 Tift Regional Health System Dba Southwell Medical 19660111 143034928 Plant Tiftnet, Inc. 2/20/2020 3/30/2020 15157 Atrium Health Carolinas Healthcare System – Anson Community Hospital 19538621 143050436 Charter Communications Operating, LLC 6/28/2020 1/6/2020 26202 Knox County Hospital District 19585511 143030766 Windstream Communications, LLC 8/6/2020 6/30/2020 10767 Lawrence Memorial Health Foundation 19556821 143001102 TCA Communications, LLC 8/27/2020 6/30/2020 44911 Dearborn County Hospital – The Center For Women and Children 19496471 143005254 Centurylink United Telephone Co. of Indiana (fka Embarq) 8/13/2020 6/26/2020 32420 Dearborn County Surgery 19496441 143005254 Centurylink United Telephone Co. of Indiana (fka Embarq) 8/13/2020 6/26/2020 51827 Providence St. Joseph Health Consortium 19606921 143023855 Zayo Group, LLC 8/6/2020 6/15/2020 45773 Fhs Heart & Vascular Institute 19497251 143001192 AT&T Corp. 8/13/2020 6/15/2020 25721 Prov – Hood River Memorial Hospital 19517781 143011100 Gorge Networks 8/27/2020 6/11/2020 13911 Neosho Memorial Regional Medical Center 19588461 143004662 Southwestern Bell Telephone Company 8/27/2020 5/18/2020