82 FR 28244 - Rural Health Care Support Mechanism

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 118 (June 21, 2017)

Page Range		28244-28245
FR Document		2017-12879

In this document, the Federal Communications Commission (Commission) amends the Rural Health Care (RHC) Program rule which defines ``health care provider'' to implement the provision of the Rural Healthcare Connectivity Act of 2016 amending the Communications Act of 1934 (the Act) to include skilled nursing facilities (SNFs) amongst the list of health care providers eligible to receive support.

Federal Register, Volume 82 Issue 118 (Wednesday, June 21, 2017)

[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Rules and Regulations]
[Pages 28244-28245]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12879]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 02-60; FCC 17-71]


Rural Health Care Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends the Rural Health Care (RHC) Program rule which 
defines ``health care provider'' to implement the provision of the 
Rural Healthcare Connectivity Act of 2016 amending the Communications 
Act of 1934 (the Act) to include skilled nursing facilities (SNFs) 
amongst the list of health care providers eligible to receive support.

DATES: Effective June 21, 2017.

FOR FURTHER INFORMATION CONTACT: Regina Brown, [email protected], 
Telecommunications Access Policy Division, Wireline Competition Bureau, 
(202) 418-0792 or TTY: (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order (MO&O) in WC Docket No. 02-60; FCC 17-71, 
adopted on June 7, 2017, and released on June 8, 2017. The full text of 
this document is available for public inspection during regular 
business hours in the FCC Reference Center, Room CY-A257, 445 12th 
Street SW., Washington, DC 20554, or at the following Internet address: 
https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-71A1.pdf.

I. Discussion

    1. In this MO&O, we implement the Rural Healthcare Connectivity Act 
of 2016, which amends section 254(h)(7)(B) of the Act, to include SNFs 
amongst the list of health care providers eligible to receive RHC 
Program support. Specifically, we amend Sec.  54.600(a) of the 
Commission's rules defining ``health care provider'' under the RHC 
Program to include SNFs as eligible health care providers.
    2. In the 1996 Act, Congress limited the types of health care 
providers eligible to receive support. SNFs were not included as an 
eligible entity type. Following the 1996 Act, the Commission 
established the RHC Program implementing the provisions of the 1996 Act 
and adopting rules for the program, including Sec.  54.600(a) of the 
Commission's rules, which defines ``health care provider[s]'' supported 
under our RHC support programs in a manner that mirrored the terms of 
section 254(h)(7)(B) of the Act. This definition did not include SNFs.
    3. On June 22, 2016, the President signed legislation that included 
SNFs amongst the list of health care providers eligible to receive RHC 
Program support. We interpret this law as directing the Commission to 
include SNFs in all programs for which health care providers are 
otherwise eligible and therefore amend Sec.  54.600(a) of the 
Commission's rules defining ``health care provider'' under the RHC 
Program to mirror the current statutory definition in 47 U.S.C. 
254(h)(7)(B). We find that a notice and comment rule making proceeding 
in this matter is unnecessary because the rule modification flows from 
the direction provided in the Rural Healthcare Connectivity Act of 2016 
to include SNFs within the existing RHC Program. Section 1.412(c) of 
the Commission's rules provides that rule changes may be adopted 
without prior notice where the Commission for good cause finds that 
notice and comment procedures are unnecessary, so long as the basis for 
the good cause finding is published with the rule changes. The final 
rule adopted in this MO&O does not involve discretionary action on our 
part, but rather simply effectuates the Act according to the specific 
terms set forth in the legislation, which became effective on December 
19, 2016. Accordingly, we conclude that this change constitutes a 
ministerial, noncontroversial amendment to our rules and thus this 
action falls within the ``good cause'' exception of the Administrative 
Procedure Act. We therefore forgo notice and comment in this limited 
context.
    4. We also find good cause to make this rule change effective upon 
publication in the Federal Register. Specifically, making this rule 
change effective upon publication in the Federal Register enables SNFs 
to benefit expeditiously, consistent with Congress's goal of including 
SNFs as an eligible health care provider type under the RHC Program. No 
additional time is needed for affected parties to prepare for the 
rule's effectiveness because Commission staff, USAC, and interested 
parties have already had a chance to do so; the associated RHC Program 
application forms incorporating SNFs into the RHC Program have already 
been prepared, put out for notice and comment, and approved. 
Additionally, while the rule change enables SNFs to benefit from the 
RHC Program, it does not immediately oblige them to take any particular 
action unless they choose to do so. Thus, we find good cause to make 
this rule change effective upon publication in the Federal Register.

II. Procedural Matters

A. Paperwork Reduction Act Analysis

    2. Because approval has already been obtained for the addition of 
SNFs to the category of eligible health care providers pursuant to the 
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, this document 
does not contain any new or modified information collection 
requirements subject to PRA. In addition, therefore, it does not 
contain any new or modified information collection burden for small 
business concerns with fewer than 25 employees, pursuant to the Small 
Business

[[Page 28245]]

Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

B. Final Regulatory Flexibility Act Certification

    3. The Regulatory Flexibility Act of 1980, as amended (RFA) 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' The RFA generally defines ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A small business 
concern is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). Because the implementation of this provision entails no exercise 
of our administrative discretion, notice and comment procedures are 
unnecessary and, therefore, the Final RFA does not apply.

C. Congressional Review Act

    4. The Commission will send a copy of this MO&O to Congress and the 
Government Accountability Office, pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

III. Ordering Clauses

    5. Accordingly, it is ordered that, pursuant to sections 1, 2, 
4(i)-(j), 201(b), and 254 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 152, 154(i)-(j), 201(b), 254, and the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act, Title II--Rural 
Healthcare Connectivity, Public Law 114-182, sec. 202, this MO&O is 
adopted.
    6. It is further ordered that Part 54 of the Commission's rules, 47 
CFR part 54, is amended, and such rule shall become effective June 21, 
2017, pursuant to 5 U.S.C. 553(d)(3) and Sec.  54.600(a) of the 
Commission's rules, 47 CFR 54.600(a).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 54 as follows:

PART 54--UNIVERSAL SERVICE

0
1. The authority citation for part 54 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 201, 205, 214, and 254 unless 
otherwise noted.

0
2. Amend Sec.  54.600 by revising paragraph (a)(6), redesignating 
paragraph (a)(7) as (a)(8), adding new paragraph (a)(7), and revising 
newly redesignated paragraph (a)(8) to read as follows:


Sec.  54.600  Terms and definitions.

* * * * *
    (a) * * *
    (6) Rural health clinic;
    (7) Skilled nursing facility; or
    (8) Consortium of health care providers consisting of one or more 
entities described in paragraphs (a)(1) through (7) of this section.
* * * * *
[FR Doc. 2017-12879 Filed 6-20-17; 8:45 am]
 BILLING CODE 6712-01-P

28244 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations

oversubscribed, and (4) the preliminary Connectivity Act of 2016 amending the because the rule modification flows
calculation of the unit’s first-round 2017 Communications Act of 1934 (the Act) from the direction provided in the Rural
NUSA allowance allocation. to include skilled nursing facilities Healthcare Connectivity Act of 2016 to
Each state worksheet also contains a (SNFs) amongst the list of health care include SNFs within the existing RHC
summary showing (1) the quantity of providers eligible to receive support. Program. Section 1.412(c) of the
allowances initially available in that DATES: Effective June 21, 2017. Commission’s rules provides that rule
state’s 2017 NUSA, (2) the sum of the FOR FURTHER INFORMATION CONTACT: changes may be adopted without prior
first-round 2017 NUSA allowance Regina Brown, regina.brown@fcc.gov, notice where the Commission for good
allocations that will be made to new Telecommunications Access Policy cause finds that notice and comment
units in that state, assuming there are no Division, Wireline Competition Bureau, procedures are unnecessary, so long as
corrections to the data, and (3) the (202) 418–0792 or TTY: (202) 418–0484. the basis for the good cause finding is
quantity of allowances that would published with the rule changes. The
SUPPLEMENTARY INFORMATION: This is a
remain in the 2017 NUSA for use in final rule adopted in this MO&O does
summary of the Commission’s
second-round allocations to new units not involve discretionary action on our
Memorandum Opinion and Order
(or ultimately for allocation to existing part, but rather simply effectuates the
(MO&O) in WC Docket No. 02–60; FCC
units), again assuming there are no Act according to the specific terms set
17–71, adopted on June 7, 2017, and
corrections to the data. forth in the legislation, which became
released on June 8, 2017. The full text
Objections should be strictly limited effective on December 19, 2016.
of this document is available for public
to the data and calculations upon which Accordingly, we conclude that this
inspection during regular business
the NUSA allowance allocations are change constitutes a ministerial,
hours in the FCC Reference Center,
based and should be emailed to the noncontroversial amendment to our
Room CY–A257, 445 12th Street SW.,
address identified in ADDRESSES. rules and thus this action falls within
Washington, DC 20554, or at the
Objections must include: (1) Precise the ‘‘good cause’’ exception of the
following Internet address: https://
identification of the specific data and/or Administrative Procedure Act. We
apps.fcc.gov/edocs_public/attachmatch/
calculations the commenter believes are therefore forgo notice and comment in
FCC-17-71A1.pdf.
inaccurate, (2) new proposed data and/ this limited context.
or calculations upon which the I. Discussion 4. We also find good cause to make
commenter believes EPA should rely 1. In this MO&O, we implement the this rule change effective upon
instead to determine allowance Rural Healthcare Connectivity Act of publication in the Federal Register.
allocations, and (3) the reasons why 2016, which amends section Specifically, making this rule change
EPA should rely on the commenter’s 254(h)(7)(B) of the Act, to include SNFs effective upon publication in the
proposed data and/or calculations and amongst the list of health care providers Federal Register enables SNFs to benefit
not the data referenced in this notice. eligible to receive RHC Program expeditiously, consistent with
EPA notes that an allocation or lack support. Specifically, we amend Congress’s goal of including SNFs as an
of allocation of allowances to a given § 54.600(a) of the Commission’s rules eligible health care provider type under
unit does not constitute a determination defining ‘‘health care provider’’ under the RHC Program. No additional time is
that CSAPR does or does not apply to the RHC Program to include SNFs as needed for affected parties to prepare for
the unit. EPA also notes that allocations eligible health care providers. the rule’s effectiveness because
are subject to potential correction. 2. In the 1996 Act, Congress limited Commission staff, USAC, and interested
Authority: 40 CFR 97.411(b), 97.511(b), the types of health care providers parties have already had a chance to do
97.611(b), 97.711(b), and 97.811(b). eligible to receive support. SNFs were so; the associated RHC Program
not included as an eligible entity type. application forms incorporating SNFs
Dated: May 22, 2017.
Following the 1996 Act, the into the RHC Program have already been
Richard A. Haeuber,
Commission established the RHC prepared, put out for notice and
Acting Director, Clean Air Markets Division, comment, and approved. Additionally,
Office of Atmospheric Programs, Office of Program implementing the provisions of
the 1996 Act and adopting rules for the while the rule change enables SNFs to
Air and Radiation.
program, including § 54.600(a) of the benefit from the RHC Program, it does
[FR Doc. 2017–12967 Filed 6–20–17; 8:45 am]
Commission’s rules, which defines not immediately oblige them to take any
BILLING CODE 6560–50–P
‘‘health care provider[s]’’ supported particular action unless they choose to
under our RHC support programs in a do so. Thus, we find good cause to make
manner that mirrored the terms of this rule change effective upon
FEDERAL COMMUNICATIONS publication in the Federal Register.
section 254(h)(7)(B) of the Act. This
COMMISSION
definition did not include SNFs. II. Procedural Matters
47 CFR Part 54 3. On June 22, 2016, the President
signed legislation that included SNFs A. Paperwork Reduction Act Analysis
[WC Docket No. 02–60; FCC 17–71] amongst the list of health care providers 2. Because approval has already been
eligible to receive RHC Program obtained for the addition of SNFs to the
Rural Health Care Support Mechanism category of eligible health care providers
support. We interpret this law as
AGENCY: Federal Communications directing the Commission to include pursuant to the Paperwork Reduction
Commission. SNFs in all programs for which health Act of 1995 (PRA), Public Law 104–13,
asabaliauskas on DSKBBXCHB2PROD with RULES

ACTION: Final rule. care providers are otherwise eligible and this document does not contain any new
therefore amend § 54.600(a) of the or modified information collection
SUMMARY: In this document, the Federal Commission’s rules defining ‘‘health requirements subject to PRA. In
Communications Commission care provider’’ under the RHC Program addition, therefore, it does not contain
(Commission) amends the Rural Health to mirror the current statutory definition any new or modified information
Care (RHC) Program rule which defines in 47 U.S.C. 254(h)(7)(B). We find that collection burden for small business
‘‘health care provider’’ to implement the a notice and comment rule making concerns with fewer than 25 employees,
provision of the Rural Healthcare proceeding in this matter is unnecessary pursuant to the Small Business

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Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations 28245

Paperwork Relief Act of 2002, Public PART 54—UNIVERSAL SERVICE SUPPLEMENTARY INFORMATION: This is a
Law 107–198, see 44 U.S.C. 3506(c)(4). summary of the Commission’s Report
■ 1. The authority citation for part 54 and Order (R&O), FCC 10–109, adopted
B. Final Regulatory Flexibility Act continues to read as follows: on June 7, 2010, and released on June
Certification 11, 2010, and published in the Federal
Authority: 47 U.S.C. 151, 154(i), 201, 205,
3. The Regulatory Flexibility Act of 214, and 254 unless otherwise noted. Register on July 19, 2020 (75 FR 41767).
1980, as amended (RFA) requires that a ■ 2. Amend § 54.600 by revising Subsequently, this document was
regulatory flexibility analysis be paragraph (a)(6), redesignating corrected by FCC’s Erratum, published
prepared for rulemaking proceedings, paragraph (a)(7) as (a)(8), adding new in the Federal Register on August 3,
unless the agency certifies that ‘‘the rule paragraph (a)(7), and revising newly 2010 (75 FR 45496). This document
will not have a significant economic redesignated paragraph (a)(8) to read as augments the corrections which were
follows: published in both publications in the
impact on a substantial number of small
Federal Register on July 19, 2010 and
entities.’’ The RFA generally defines § 54.600 Terms and definitions. on August 3, 2010.
‘‘small entity’’ as having the same * * * * *
meaning as the terms ‘‘small business,’’ (a) * * * List of Subjects in 47 CFR Part 101
‘‘small organization,’’ and ‘‘small (6) Rural health clinic; Communications equipment, Radio,
governmental jurisdiction.’’ In addition, (7) Skilled nursing facility; or Reporting and recordkeeping
the term ‘‘small business’’ has the same (8) Consortium of health care requirements.
meaning as the term ‘‘small business providers consisting of one or more
entities described in paragraphs (a)(1) Federal Communications Commission.
concern’’ under the Small Business Act.
A small business concern is one which: through (7) of this section. Marlene H. Dortch,
(1) Is independently owned and * * * * * Secretary.
operated; (2) is not dominant in its field [FR Doc. 2017–12879 Filed 6–20–17; 8:45 am] Accordingly, 47 CFR part 101 is
of operation; and (3) satisfies any BILLING CODE 6712–01–P corrected by making the following
additional criteria established by the correcting amendments:
Small Business Administration (SBA).
Because the implementation of this FEDERAL COMMUNICATIONS PART 101—FIXED MICROWAVE
provision entails no exercise of our COMMISSION SERVICES
administrative discretion, notice and
47 CFR Part 101 ■ 1. The authority citation for part 101
comment procedures are unnecessary
continues to read as follows:
and, therefore, the Final RFA does not [WT Docket No. 09–114; RM–11417; FCC
apply. 10–109] Authority: 47 U.S.C. 154, 303.

C. Congressional Review Act ■ 2. In § 101.147, amend the table in
Amendment of the Commission’s
paragraph (s)(7) as follows:
Rules To Accommodate 30 Megahertz
4. The Commission will send a copy ■ a. In the eighth row from the bottom
Channels in the 6525–6875 MHz Band;
of this MO&O to Congress and the of the table, add note 2 at the end of
and To Provide for Conditional
Government Accountability Office, entries ‘‘22025’’ and ‘‘23225’’.
Authorization on Additional Channels ■ b. In the seventh row from the bottom
pursuant to the Congressional Review in the 21.8–22.0 GHz and 23.0–23.2
Act, see 5 U.S.C. 801(a)(1)(A). of the table, add note 2 at the end of
GHz Band entries ‘‘22075’’ and ‘‘23275’’.
III. Ordering Clauses AGENCY: Federal Communications ■ c. In the fourth row from the bottom
Commission. of the table, correct the entries
5. Accordingly, it is ordered that, ‘‘22025 2’’ and ‘‘23225 2’’ to read as
pursuant to sections 1, 2, 4(i)–(j), 201(b), ACTION: Correcting amendments.
‘‘22225’’ and ‘‘23425’’.
and 254 of the Communications Act of SUMMARY: The Federal Communications ■ d. In the third row from the bottom of
1934, as amended, 47 U.S.C. 151, 152, Commission (FCC) published a the table, correct the entries ‘‘22075 2’’
154(i)–(j), 201(b), 254, and the Frank R. document in the Federal Register on and ‘‘23275 2’’ to read as ‘‘22275’’ and
Lautenberg Chemical Safety for the 21st July 19, 2010 (75 FR 41767), revising ‘‘23475’’.
Century Act, Title II—Rural Healthcare Commission rules. This document was
Connectivity, Public Law 114–182, sec. subsequently corrected by the FCC in § 101.147 Frequency Assignments.
202, this MO&O is adopted. the Federal Register published on * * * * *
6. It is further ordered that Part 54 of August 3, 2010 (75 FR 45496). Both (s) * * *
the Commission’s rules, 47 CFR part 54, documents inadvertently failed to add * * * * *
is amended, and such rule shall become footnote 2 to the correct entries in the
effective June 21, 2017, pursuant to 5 table in § 101.147(s)(7). In addition, Transmit (receive) Receive
certain entries are incorrect. This (transmit)
U.S.C. 553(d)(3) and § 54.600(a) of the (MHz) (MHz)
Commission’s rules, 47 CFR 54.600(a). document corrects the final regulations
by revising this section.
Federal Communications Commission.
DATES: Effective June 21, 2017. * * * * *
asabaliauskas on DSKBBXCHB2PROD with RULES

Marlene H. Dortch, ADDRESSES: Federal Communications
Secretary. Commission, 445 12th Street SW., (7) 50 MHz bandwidth chan-
Washington, DC 20554. nels:
Final Rule
FOR FURTHER INFORMATION CONTACT: John * * * * *
For the reasons discussed in the Schauble, Wireless Telecommunications
preamble, the Federal Communications Bureau, Broadband Division, at 202– 22025 2 ...................................... 23225 2
Commission amends 47 CFR part 54 as 418–0797 or by email to 22075 2 ...................................... 23275 2
follows: John.Schauble@fcc.gov.

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Document Created: 2018-11-14 10:09:05
Document Modified: 2018-11-14 10:09:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective June 21, 2017.
Contact		Regina Brown, [email protected], Telecommunications Access Policy Division, Wireline Competition Bureau, (202) 418-0792 or TTY: (202) 418-0484.
FR Citation		82 FR 28244