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 via the Government Publishing Office [www.gpo.gov]
[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.

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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, regina.brown@fcc.gov,
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]
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