Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested, 19479-19483 [2013-07478]
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Federal Register / Vol. 78, No. 62 / Monday, April 1, 2013 / Notices
Dated: March 20, 2013.
Oscar Carrillo,
Designated Federal Officer.
[FR Doc. 2013–07389 Filed 3–29–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Information Collection(s) Being
Reviewed by the Federal
Communications Commission,
Comments Requested
Federal Communications
Commission.
ACTION: Notice; request for comments.
AGENCY:
SUMMARY: As part of its continuing effort
to reduce paperwork burden and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission invites the general public
and other Federal agencies to take this
opportunity to comment on the
following information collection(s).
Comments are requested concerning:
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information burden
for small business concerns with fewer
than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid OMB control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid OMB control
number.
Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before May 31, 2013. If
you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Submit your PRA comments
to Judith B. Herman, Federal
Communications Commission, via the
Internet at Judith-b.herman@fcc.gov. To
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submit your PRA comments by email
send them to: PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Judith B. Herman, Office of Managing
Director, (202) 418–0214.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0804.
Title: Universal Service—Rural Health
Care Program.
Form Numbers: FCC Forms 460, 461,
462, 463 (new); 465, 466, 466–A, and
467.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit; not-for-profit institutions; federal
government; and state, local, or Tribal
governments.
Number of Respondents and
Responses: 10,400 respondents; 38,745
responses.
Estimated Time per Response: 1.69
hours.
Frequency of Response: On occasion,
one time, annual, quarterly, and
monthly reporting requirements.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in 47 U.S.C.
sections 151, 154(i), 154(j), 201–205,
214, 254 and 403.
Total Annual Burden: 65,614 hours.
Total Annual Cost: $60,000.
Privacy Impact Assessment: No
Impact(s).
Nature and Extent of Confidentiality:
The Commission is not requesting that
the respondents submit confidential
information to the FCC. Respondents
may, however, request confidential
treatment for information they believe to
be confidential under 47 CFR 0.459 of
the Commission’s rules. We note that
the universal service administrator must
preserve the confidentiality of all data
obtained from respondents and
contributors to the universal service
support program mechanism; must not
use the data except for purposes of
administering the universal service
support program; and must not disclose
data in company-specific form unless
directed to do so by the Commission.
Needs and Uses: The Federal
Communications Commission
(hereinafter referred to as the
Commission or FCC) seeks Office of
Management and Budget (OMB)
approval of revisions (change in
reporting and recordkeeping
requirements) of an information
collection (IC) previously approved by
OMB under this OMB Control Number
3060–0804, which is utilized for the
rural health care (RHC) support
mechanism of the Commission’s
universal service fund (USF). The
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purpose of the revision is to seek
approval for: (1) New information
collection requirements associated with
the Healthcare Connect Fund, a new
RHC fund created by the Commission’s
Report and Order, Rural Health Care
Support Mechanism, WC Docket No.
02–60, FCC 12–150 (released Dec. 21,
2012) (Healthcare Connect Fund Order);
(2) new information collection
requirements associated with a skilled
nursing facilities pilot program (SNF
Pilot) created in the Healthcare Connect
Fund Order; (3) revisions to the annual
reporting requirement for participants in
the Commission’s existing rural health
care Pilot Program (2006 Pilot Program),
created in 2006; and (4) extend the
information collection requirements for
the existing RHC programs (the
Telecommunications Program and the
Internet Access Program, as well as the
2006 Pilot Program).
The Commission issued a Notice of
Proposed Rulemaking (NPRM) in July
2010 (FCC 10–125) that led to the
Healthcare Connect Fund Order, and
received OMB pre-approval for the
information collection requirements
proposed in the NPRM. The Healthcare
Connect Fund Order, however, adopted
information collection requirements that
are in some ways significantly different
from those proposed in the NPRM,
based on the comments received in the
rulemaking proceeding. Many of the
proposed requirements have been
modified in light of commenters’
recommendations on streamlining and
simplifying the information collection
burden, especially on smaller health
care providers.
The information collections described
in this notice are contained in new rules
adopted in the Healthcare Connect Fund
Order (47 CFR 54.601(b), 54.631(a),
54.631(c), 54.632, 54.633(c), 54.634(b),
54.636, 54.639(d), 54.640(b), 54.642,
54.643, 54.645, 54.646, 54.647,
54.648(b), 54.675(d), and 54.679), and
existing rules as amended by the
Healthcare Connect Fund Order (47 CFR
54.603(a), 54.603(b), 54.609(d)(2),
54.615(c), 54.619(a)(1), 54.619(d), and
54.623(a)).
Beginning in Funding Year 2012, its
filing process to provide a simple, webbased, user-friendly interface for
submission of the Telecommunications
and Internet Access Program
information collections. Applicants are
also able to upload required
documentation (such as a bill) as they
complete the online form. The interface
is designed to provide online storage of
applications and related materials for
health care providers, in order to ease
compliance with recordkeeping
requirements and possible audits.
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Furthermore, the system is designed to
carry forward information already
provided by an applicant to future
filings (i.e. pre-populate data), in order
to further reduce the filing burden.
Respondents in the
Telecommunications and Internet
Access Programs can also send their
forms and other documents to USAC via
mail or electronic mail. Respondents in
the 2006 Pilot Program can send forms
and documents via electronic mail, and
invoices via mail.
USAC will implement the information
collection for the new Healthcare
Connect Fund through an online-only
interface on the USAC Web site. Health
care providers who lack sufficient
Internet access will be able to contact
USAC’s help desk over the telephone to
obtain assistance with filing.
Revised Information Collection
Requirements: (1) HEALTHCARE
CONNECT FUND: In December 2012,
the Commission established the
Healthcare Connect Fund, which
reforms, expands, and modernizes the
RHC program based on lessons learned
from the 2006 Pilot Program. The
Healthcare Connect Fund is separate
from the Telecommunications Program
and the 2006 Pilot Program. The
Healthcare Connect Fund provides
support, in part, for services similar to
those supported under the Internet
Access Program. Therefore, the
Commission will stop providing support
under the Internet Access Program for
services received after June 30, 2014.
The following are the new Healthcare
Connect Fund information collection
requirements:
(a) Authorization for Third Parties To
Submit Forms on Behalf of HCP/
Consortium. Third parties (for example,
consultants) may submit forms and
other documentation on behalf of
eligible health care providers if USAC
receives, prior to submission of the
forms or documentation, a written,
dated, and signed authorization from
the relevant officer, director, or other
authorized employee stating that the
HCP or Consortium Leader accepts all
potential liability from any errors,
omissions, or misrepresentations on the
forms and/or documents being
submitted by the third party.
(b) Form 460—Eligibility
Determination and Consortium
Information. Healthcare Connect Fund
participants would be required to file a
new FCC Form 460 in order to certify
that they are eligible to receive support
from the Fund. Applicants will be
required to provide the HCP’s address
and contact information, identify the
eligible HCP type, provide an address
for each physical location that will
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receive supported connectivity, provide
a brief explanation for why the HCP is
eligible under the Act and the
Commission’s rules and orders, and
certify to the accuracy of this
information under penalty of perjury.
They may also be required to provide a
unique health care provider identifying
number, such as a National Provider
Identifier code and/or taxonomy code.
Consortium applicants may file FCC
Form 460 on behalf of member HCPs if
they have a letter of agency (discussed
below). Applicants must also register
off-site administrative offices and offsite data centers for which they are
receiving support.
FCC Form 460 will also be used to
provide certain basic information about
consortia to USAC: (1) The lead entity
(‘‘Consortium Leader’’); (2) the
individual contact person within the
lead entity (the ‘‘Project Coordinator’’);
and (3) HCP sites that will participate in
a consortium, including sites ineligible
to receive support.
(c) Form 460 Attachment: Letter of
Agency. Each Consortium Leader must
also obtain a letter of agency (LOA) from
each HCP participant that is
independent of the Consortium Leader
(i.e. HCP sites that are not owned or
otherwise controlled by the Consortium
Leader). The LOA is submitted as an
attachment to FCC Form 460. The
purposes of the LOA are to provide
authority for the Consortium Leader to
submit FCC Forms 460, 461, and/or 462
on behalf of the HCP site. Consortium
leaders are required to obtain
supporting information and/or
documents to support eligibility for
each HCP when they collect the LOAs,
and may be asked for this information
during a future audit or investigation.
(d) Form 460 Attachment: State/NonProfit Entities That Want To Serve as
Both Vendor and Consortium Leader/
Consultant. In general, an entity may
not simultaneously (1) serve as a
Consortium Leader or provide
consulting assistance to a consortium,
and (2) participate as a potential vendor
during the competitive bidding process.
State organizations, public sector
entities, or non-profit entities who wish
to obtain an exemption from this
prohibition may make a showing to
USAC that they have set up an
organizational and functional
separation. The exemption must be
obtained before the consortium begins
preparing its FCC Form 461 (request for
services) and associated documents.
(e) Form 460 Attachment—Agreement
Regarding Legal and Financial
Responsibility for Consortium
Activities. Consortia may allocate legal
and financial responsibility for
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supported program activities as they see
fit, except for certain responsibilities
specified in the Healthcare Connect
Fund Order, provided that this
allocation is memorialized in a formal
written agreement between the affected
parties (i.e. the Consortium Leader, and
the consortium as a whole and/or its
individual members). The written
agreement must submitted to USAC for
approval with or prior to the submission
of FCC Form 461. The agreement should
clearly identify the party(ies)
responsible for repayment if USAC is
required, at a later date, to recover
disbursements to the consortium due to
violations of program rules.
(f) Form 461—Request for Services
(Competitive Bidding). All HCPs, unless
their funding request is subject to a
competitive bidding exemption, must
submit a request for services (new Form
461 and associated documents) for
posting by USAC, wait at least 28 days
before selecting a service provider, and
select the most cost-effective bid. On
FCC Form 461, applicants will provide
basic information regarding the HCP(s)
on the application (including contact
information for potential bidders), a
brief description of the desired services,
and evaluation criteria for bids. Each
applicant must also certify that (1) it is
authorized to submit the request and
that all statements of fact in the
application are true to the best of the
signatory’s knowledge; (2) it has
followed any applicable state or local
procurement rules; (3) the supported
services and/or equipment will be used
solely for purposes reasonably related to
the provision of health care service or
instruction that the HCP is legally
authorized to provide under the law of
the state in which the services are
provided and will not be sold, resold, or
transferred in consideration for money
or any other thing of value; (4) the HCP
or consortium satisfies all program
requirements and will abide by all such
requirements; and (5) all statements of
facts contained therein are true to the
best of their knowledge, information,
and belief, and that under federal law,
persons willfully making false
statements on the form can be punished
by fine, forfeiture, or imprisonment.
(g) Form 461 Attachment—Network
Planning for Consortia. Consortium
applicants must also submit a narrative
attachment with FCC Form 461 that
includes: (1) Goals and objectives of the
proposed network; (2) strategy for
aggregating the specific needs of HCPs
(including providers that serve rural
areas) within a state or region; (3)
strategy for leveraging existing
technology to adopt the most efficient
and cost effective means of connecting
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those providers; (4) how the broadband
services will be used to improve or
provide health care delivery; (5) any
previous experience in developing and
managing health IT (including
telemedicine) programs; and (6) a
project management plan outlining the
project’s leadership and management
structure, and a work plan, schedule,
and budget.
(h) Form 461 Attachment—Request
for Proposals (RFP). Submission of a
separate RFP document with Form 461
is required for (1) applicants who are
required to issue an RFP under
applicable state, Tribal, or local
procurement rules or regulations; (2)
consortium applications that seek more
than $100,000 in program support in a
funding year; and (3) consortium
applications that seek support for
infrastructure (i.e. HCP-owned facilities)
as well as services. In addition, any
applicant is free to submit an RFP to
USAC for posting. All applicants who
utilize an RFP in conjunction with their
competitive bidding process must
submit the RFP to USAC for posting.
RFPs must provide sufficient
information to enable an effective
competitive bidding process, including
describing the HCP’s service needs;
specify the period during which bids
will be accepted; and include the
scoring criteria that will be used to
evaluate bids for cost-effectiveness. In
addition, certain additional
requirements apply to RFPs if the
applicant seeks support for long-term
capital investments (such as HCPconstructed infrastructure or fiber
indefeasible rights-of-use); dark fiber;
services or equipment that include an
ineligible component; or HCP-owned
and constructed network facilities.
(i) FCC Form 462—Request for
Funding. Once a service provider is
selected, applicants will submit a
‘‘Funding Request’’ on FCC Form 462
(and supporting documentation) to
provide information about the services
and service providers (vendors) selected
and certify that the services were the
most cost-effective offers received. FCC
Form 462 is the means by which an
applicant identifies the service(s), rates,
service provider(s), and date(s) of
service provider selection. Applicants
will also certify on FCC Form 462 that:
(1) The person signing the application is
authorized to submit the application on
behalf of the applicant, and has
examined the form and all attachments,
and to the best of his or her knowledge,
information, and belief, all statements of
fact contained therein are true; (2) each
service provider selected is, to the best
of the applicant’s knowledge,
information, and belief, the most cost-
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effective service provider available, as
defined in the Commission’s rules; (3)
all Healthcare Connect Fund support
will be used only for the eligible health
care purposes, as described in this
Order and consistent with the Act and
the Commission’s rules; (4) the
applicant is not requesting support for
the same service from both the
Healthcare Connect Fund and from
other RHC programs; (5) the applicant
satisfies all of the requirements under
section 254 of the Act and applicable
Commission rules, and understands that
any letter from USAC that erroneously
commits funds for the benefit of the
applicant may be subject to rescission;
(6) the applicant has reviewed all
applicable requirements for the program
and will comply with those
requirements; and (7) the applicant will
maintain complete billing records for
the service for five years (and for longterm capital investments, for five years
after the end of the useful life of the
facility).
(j) FCC Form 462 Attachment—
Contracts or Similar Documentation. All
applicants must submit a contract or
other documentation that clearly
identifies (1) the vendor(s) selected and
the HCP(s) who will receive the
services; (2) the service, bandwidth, and
costs for which support is being
requested; (3) the term of the service
agreement(s) if applicable (i.e. if
services are not being provided on a
month-to-month basis).
(k) FCC Form 462 Attachment—Cost
Allocation Method for Ineligible Entities
or Components. Applicants who seek to
include ineligible entities within a
consortium, or to obtain support for
services or equipment that include both
eligible and ineligible components,
should submit a written description of
their allocation method(s) to USAC with
their funding requests. If ineligible
entities participate in a network, the
allocation method must be
memorialized in writing, such as a
formal agreement among network
members, a master services contract, or
for smaller consortia, a letter signed and
dated by all (or each) ineligible entity
and the Consortium Leader. Applicants
should also submit with their funding
requests any agreements that
memorialize cost-sharing arrangements
with ineligible entities.
(l) FCC Form 462 Attachment—
Competitive Bidding Documents.
Applicants must submit documentation
to support their certifications that they
have selected the most cost-effective
option. Relevant documentation
includes a copy of each bid received
(winning, losing, and disqualified), the
bid evaluation criteria, and any other
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related documents, such as bid
evaluation sheets; a list of people who
evaluated bids (along with their title/
role/relationship to the applicant
organization); memos, board minutes, or
similar documents related to the vendor
selection/award; copies of notices to
winners; and any correspondence with
service providers during the bidding/
evaluation/award phase of the process.
If the application is exempt from
competitive bidding, the applicant
should submit sufficient documentation
to allow USAC to verify that the
applicant is eligible for the exemption.
(m) FCC Form 462 Attachment—
Updated Network Planning for
Consortia. Consortium applicants
should submit any revisions to the
project management plan, work plan,
schedule, and budget previously
submitted with the Request for Services
(Form 461). If not previously provided
with the project management plan,
applicants should also provide (or
update) a narrative description of how
the network will be managed, including
all administrative aspects of the network
(including but not limited to invoicing,
contractual matters, and network
operations.) If the consortium is
required to provide a sustainability plan
(see below), the revised budget should
include the budgetary factors discussed
in the sustainability plan requirements.
(n) FCC Form 462 Attachment—List
of Participating HCPs and Relevant
Information. Consortium applicants will
be required to provide electronically
(via a spreadsheet or similar method) a
list of the participating HCPs (both those
eligible for support and those ineligible)
and all of their relevant information,
including eligible (and ineligible, if
applicable) cost information for each
participating HCP.
(o) FCC Form 462 Attachment—
Evidence of Viable Source for 35
Percent Contribution. All consortium
applicants must submit, with their
funding requests, evidence of a viable
source for their 35 percent contribution.
(p) FCC Form 462 Attachment—
Sustainability Plans for Applicants
Requesting Support for Long-Term
Capital Expenses. Consortia who seek
funding to construct and own their own
facilities or obtain indefeasible rights of
use (IRUs) or capital lease interests must
submit a sustainability plan with their
funding requests demonstrating how
they intend to maintain and operate the
facilities that are supported over the
relevant time period. Although
participants are free to include
additional information to demonstrate a
project’s sustainability, the
sustainability plan must, at a minimum,
address the following points: (1)
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Projected sustainability period; (2)
principal factors considered to
demonstrate sustainability; (3) terms of
membership in the network; ownership
structure for the network; sources of
future support; management structure of
the network. Applicants will be
required to later submit revised
sustainability plans if there is a material
change in sources of future support or
management, a change that would
impact projected income or expenses by
the greater of 20 percent or $100,000
from the previous submission, or if the
applicant submits a funding request
based on a new Form 461 (i.e., a new
competitively bid contract).
(q) FCC Form 463—Invoicing. Service
providers will bill HCPs directly for
services that they have provided. Upon
receipt of a service provider’s bill, the
HCP will create and approve an invoice
for USAC on FCC Form 463 for the
services it has received. On the invoice,
(1) the HCP or Consortium Leader must
certify to USAC that it has paid its 35
percent contribution directly to the
service provider; and (2) the HCP and
service provider must certify that they
have reviewed the invoice and that it is
accurate. USAC will pay the service
provider directly based on the invoice.
For consortia, the Consortium Leader is
responsible for the invoicing process,
including certifying that the participant
contribution has been paid and that the
invoice is accurate.
(r) Extension Request for Lighting
Fiber. Fiber must be lit during the
funding year for non-recurring charges
associated with such fiber to be eligible.
Applicants may receive up to a one-year
extension to light fiber, however, if they
provide documentation to USAC that
construction was unavoidably delayed
due to weather or other reasons.
(s) Recordkeeping. Program
participants and vendors in the
Healthcare Connect Fund must maintain
required documentation for five years
after the service has been delivered (or
after the end of the useful life of a
facility for which the participant has
received support to make a long-term
capital investment) and produce these
records upon request of the
Commission, any auditor appointed by
the Administrator or the Commission, or
of any other state or federal agency with
jurisdiction. For a consortium, the
Consortium Leader is responsible for
compliance with the Commission’s
recordkeeping requirements.
(t) Annual Reporting Requirement for
Consortium Participants. Consortium
participants in the Healthcare Connect
Fund will be required to submit annual
reports to assist the Commission in
measuring progress toward the three
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program goals for the Healthcare
Connect Fund. Additionally, applicants
may request support for upfront, nonrecurring charges for long-term capital
investments, such as constructing their
own network facilities, or obtaining an
indefeasible right-of-use (IRU) or
prepaid lease interest in existing
network facilities such as dark fiber. In
such a case, the applicant may be
obtaining access to facilities that have a
useful life extending many years after
program funds have been disbursed, but
would not need to submit requests for
funding on an annual basis once access
to the facility is obtained. In order to
ensure that such facilities continue to be
used for eligible purposes throughout
their useful life, the Commission will
require such applicants to submit,
during the useful life of the facility,
additional information identifying the
health care providers utilizing the
network, and the services they are
receiving from the supported network.
Much of the data to be collected from
participants in the Healthcare Connect
Fund, as discussed in the Healthcare
Connect Order, is already collected
through FCC Forms 460, 461, 462, and
463. In order to minimize the burden
posed by the annual report, the
Commission and USAC will develop a
simple and streamlined, electronic
reporting system that integrates data
collected through the application
process, thereby eliminating the need to
resubmit (in the annual report) any
information that has previously been
provided.
(2) SKILLED NURSING FACILITIES
PILOT: Also in December 2012, the
Commission adopted the Skilled
Nursing Facilities Pilot (SNF Pilot) to
test how to support broadband
connections for skilled nursing
facilities. The SNF Pilot will focus on
how the Commission can best utilize
program support to assist skilled
nursing facilities that are using
broadband connectivity to work with
eligible health care providers through
the use of electronic health records,
telemedicine, and other broadbandenabled health care applications. The
Commission intends to utilize
Healthcare Connect Fund forms for the
Skilled Nursing Facilities Pilot Program
(e.g. to register skilled nursing facility
locations with USAC, invoicing, etc.) to
the extent feasible, except with respect
to the application and reporting
requirements described below.
The following new information
collection requirements are associated
with the SNF Pilot:
(u) Application for Skilled Nursing
Facilities Pilot. Participants in the SNF
Pilot will be selected using a
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competitive process. It is anticipated
that applications for the SNF Pilot will
likely be in a narrative format, and may
include the following elements: (1)
Project description, budget and goals,
including technologies to be used and
patient population(s) to be targeted; (2)
explanation of the need for broadband
connectivity and anticipated health IT
uses of supported connectivity; (3)
anticipated health care cost savings and/
or improvements in the quality of health
care enabled through use of broadbandenabled health IT; (4) a detailed
explanation of the design, data gathering
and evaluation component of the
project; (5) a description of the sites to
be connected and the network design;
and (6) certifications to ensure
compliance with program requirements.
The Commission will be developing
scoring criteria for applications for the
SNF Pilot with the input of relevant
stakeholders (such as the U.S.
Department of Health and Human
Services (HHS)), consistent with the
program goals for the Healthcare
Connect Fund. Once the scoring criteria
are developed, the Commission will
release a Public Notice announcing the
application procedures and deadlines.
Applicants will include in their
applications a demonstration of how
they satisfy the scoring criteria.
(v) Reporting Requirements for
Skilled Nursing Facilities Pilot
Participants. The SNF Pilot Program
will seek to collect data on a number of
variables related to the broadband
connections supported and their health
care uses. Applicants must commit to
robust data gathering as well as analysis
and sharing of the data and to
submitting an annual report. Applicants
will be expected to explain what types
of data they intend to gather and how
they intend to gather that data in their
applications. At the conclusion of the
Pilot, applicants should be prepared to
demonstrate with objective, observable
metrics the health care cost savings and/
or improved quality of patient care that
have been realized through greater use
of broadband to provide telemedicine to
treat the residents of SNFs. The
Commission plans to make this data
public for the benefit of all interested
parties, including third parties that may
use such information for their own
studies and observations.
(3) REVISIONS TO 2006 PILOT
PROGRAM REPORTING
REQUIREMENTS: Participants in the
2006 Pilot Program are currently
required to submit to USAC and the
Commission quarterly reports
containing data listed in the Rural
Health Care Pilot Program Selection
Order, Appendix D.
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pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 62 / Monday, April 1, 2013 / Notices
(w) Revised Reporting Requirements
for 2006 Pilot Program Participants. In
the Healthcare Connect Fund Order, the
Commission modified the 2006 Pilot
Program reporting requirements to: (1)
Extend through and include the last
funding year in which a Pilot project
received Pilot support, or, for Pilot
Projects that received large upfront
payments, for the life of the supported
facility; (2) file annually instead of
quarterly, filing their first annual report
on September 30, 2013 and submitting
the report to USAC, rather than USAC
and the Commission; and (3) conform
their reports with the Healthcare
Connect Fund annual reports for
consortia, where participants will be
required to submit annual reports to
assist the Commission in measuring
progress toward the three program goals:
increase access to broadband for health
care providers; develop and deploy of
broadband healthcare networks; and
measure the cost-effectiveness of the
program.
Previously Approved Collection
Requirements: The
Telecommunications, Internet Access,
and 2006 Pilot Programs use forms and
instructions that have been previously
approved by OMB as part of this
information collection. The Commission
is seeking renewal of these forms and
instructions for a new three-year period.
All eligible health care providers
applying for discounts under the
Telecommunications, Internet Access,
and 2006 Pilot Programs must file FCC
Forms 465, 466 and/or 466–A, and 467.
Eligible health care providers file FCC
Form 465 with USAC to make a bona
fide request for supported services.
Next, after a period of not less than 28days after filing FCC Form 465, a health
care provider that has selected a vendor
submits FCC Form 466 and/or 466–A to
indicate the type(s) and cost(s) of
services ordered, information about the
service provider, and the terms of the
service agreement. Eligible health care
providers must also certify on the
applicable FCC Forms 466 and 466–A
that the health care provider has
selected the most cost-effective method
of providing the selected service(s). The
last form eligible health care providers
submit is FCC Form 467, which is used
by the entity to notify USAC that the
service provider has begun providing
supported services. As part of this
information collection, OMB has also
previously approved certain templates,
samples, and spreadsheets provided to
program participants to facilitate the
reporting and record keeping
requirements under this collection.
VerDate Mar<15>2010
15:34 Mar 29, 2013
Jkt 229001
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the
Secretary, Office of Managing Director.
[FR Doc. 2013–07478 Filed 3–29–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL TRADE COMMISSION
Telemarketing Sales Rule Information
Collection Activities; Proposed
Collection; Comment Request
Federal Trade Commission
(‘‘Commission’’ or ‘‘FTC’’).
ACTION: Notice.
AGENCY:
SUMMARY: The information collection
requirements described below will be
submitted to the Office of Management
and Budget (‘‘OMB’’) for review, as
required by the Paperwork Reduction
Act (‘‘PRA’’). The FTC is seeking public
comments on its proposal to extend
through August 31, 2016, the current
PRA clearance for information
collection requirements in its
Telemarketing Sales Rule (‘‘TSR’’). That
clearance expires on August 31, 2013.
DATES: Comments must be submitted on
or before May 31, 2013.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘TSR PRA Comment, FTC
File No. P094400’’ on your comment,
and file your comment online at
https://ftcpublic.commentworks.com/
ftc/tsrrulepra by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex J), 600
Pennsylvania Avenue NW., Washington,
DC 20580.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the proposed information
requirements for the Franchise Rule
should be addressed to Craig Tregillus,
Staff Attorney, Division of Marketing
Practices, Bureau of Consumer
Protection, Federal Trade Commission,
Room H–238, 600 Pennsylvania Ave.
NW., Washington, DC 20580, (202) 326–
2970.
SUPPLEMENTARY INFORMATION: Under the
PRA, 44 U.S.C. 3501–3521, federal
agencies must obtain approval from
OMB for each collection of information
they conduct or sponsor. ‘‘Collection of
information’’ means agency requests or
requirements that members of the public
PO 00000
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19483
submit reports, keep records, or provide
information to a third party. 44 U.S.C.
3502(3); 5 CFR 1320.3(c). As required by
section 3506(c)(2)(A) of the PRA, the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing paperwork
clearance for the TSR, 16 CFR part 310
(OMB Control Number 3084–0097).
The TSR, 16 CFR 310, implements the
Telemarketing and Consumer Fraud and
Abuse Prevention Act, 15 U.S.C. 6101–
6108 (‘‘Telemarketing Act’’), as
amended by the Uniting and
Strengthening America by Providing
Appropriate Tools Required to Intercept
and Obstruct Terrorism Act (‘‘USA
PATRIOT Act’’), Public Law 107056
(Oct. 25, 2001). The Act seeks to prevent
deceptive or abusive telemarketing
practices in telemarketing, which,
pursuant to the USA PATRIOT Act,
includes calls made to solicit charitable
contributions by third-party
telemarketers. The Telemarketing Act
mandated certain disclosures by
telemarketers, and directed the
Commission to include recordkeeping
requirements in promulgating a rule to
prohibit such practices. As required by
the Telemarketing Act, the TSR
mandates certain disclosures for
telephone sales and requires
telemarketers to retain certain records
regarding advertising, sales, and
employees. The required disclosures
provide consumers with information
necessary to make informed purchasing
decisions. The required records are to be
made available for inspection by the
Commission and other law enforcement
personnel to determine compliance with
the Rule. Required records may also
yield information helpful to measuring
and redressing consumer injury
stemming from Rule violations.
In 2003, the Commission amended the
TSR to include certain new disclosure
requirements and to expand the Rule in
other ways. See 68 FR 4580 (Jan. 29,
2003). Specifically, the Rule was
amended to cover upsells 1 (not only in
outbound calls, but also in inbound
calls) and additional transactions were
included under the Rule’s purview. For
example, the Rule was extended to the
solicitation by telephone of charitable
donations by third-party telemarketers
1 An ‘‘upsell’’ is the solicitation in a single
telephone call of the purchase of goods or services
after an initial transaction occurs. The solicitation
may be made by or on behalf of a seller different
from the seller in the initial transaction, regardless
of whether the initial transaction and the
subsequent solicitation are made by the same
telemarketer (‘‘external upsell’’). Or, it may be made
by or on behalf of the same seller as in the initial
transaction, regardless of whether the initial
transaction and subsequent solicitation are made by
the same telemarketer (‘‘internal upsell’’).
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Agencies
[Federal Register Volume 78, Number 62 (Monday, April 1, 2013)]
[Notices]
[Pages 19479-19483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07478]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
Information Collection(s) Being Reviewed by the Federal
Communications Commission, Comments Requested
AGENCY: Federal Communications Commission.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burden
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C.
3501-3520), the Federal Communications Commission invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection(s). Comments are requested
concerning: whether the proposed collection of information is necessary
for the proper performance of the functions of the Commission,
including whether the information shall have practical utility; the
accuracy of the Commission's burden estimate; ways to enhance the
quality, utility, and clarity of the information collected; ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology; and ways to further reduce the
information burden for small business concerns with fewer than 25
employees.
The FCC may not conduct or sponsor a collection of information
unless it displays a currently valid OMB control number. No person
shall be subject to any penalty for failing to comply with a collection
of information subject to the Paperwork Reduction Act (PRA) that does
not display a valid OMB control number.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before May 31, 2013. If you anticipate that you will be
submitting PRA comments, but find it difficult to do so within the
period of time allowed by this notice, you should advise the FCC
contact listed below as soon as possible.
ADDRESSES: Submit your PRA comments to Judith B. Herman, Federal
Communications Commission, via the Internet at Judith-b.herman@fcc.gov.
To submit your PRA comments by email send them to: PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Judith B. Herman, Office of Managing
Director, (202) 418-0214.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0804.
Title: Universal Service--Rural Health Care Program.
Form Numbers: FCC Forms 460, 461, 462, 463 (new); 465, 466, 466-A,
and 467.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit; not-for-profit
institutions; federal government; and state, local, or Tribal
governments.
Number of Respondents and Responses: 10,400 respondents; 38,745
responses.
Estimated Time per Response: 1.69 hours.
Frequency of Response: On occasion, one time, annual, quarterly,
and monthly reporting requirements.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
47 U.S.C. sections 151, 154(i), 154(j), 201-205, 214, 254 and 403.
Total Annual Burden: 65,614 hours.
Total Annual Cost: $60,000.
Privacy Impact Assessment: No Impact(s).
Nature and Extent of Confidentiality: The Commission is not
requesting that the respondents submit confidential information to the
FCC. Respondents may, however, request confidential treatment for
information they believe to be confidential under 47 CFR 0.459 of the
Commission's rules. We note that the universal service administrator
must preserve the confidentiality of all data obtained from respondents
and contributors to the universal service support program mechanism;
must not use the data except for purposes of administering the
universal service support program; and must not disclose data in
company-specific form unless directed to do so by the Commission.
Needs and Uses: The Federal Communications Commission (hereinafter
referred to as the Commission or FCC) seeks Office of Management and
Budget (OMB) approval of revisions (change in reporting and
recordkeeping requirements) of an information collection (IC)
previously approved by OMB under this OMB Control Number 3060-0804,
which is utilized for the rural health care (RHC) support mechanism of
the Commission's universal service fund (USF). The purpose of the
revision is to seek approval for: (1) New information collection
requirements associated with the Healthcare Connect Fund, a new RHC
fund created by the Commission's Report and Order, Rural Health Care
Support Mechanism, WC Docket No. 02-60, FCC 12-150 (released Dec. 21,
2012) (Healthcare Connect Fund Order); (2) new information collection
requirements associated with a skilled nursing facilities pilot program
(SNF Pilot) created in the Healthcare Connect Fund Order; (3) revisions
to the annual reporting requirement for participants in the
Commission's existing rural health care Pilot Program (2006 Pilot
Program), created in 2006; and (4) extend the information collection
requirements for the existing RHC programs (the Telecommunications
Program and the Internet Access Program, as well as the 2006 Pilot
Program).
The Commission issued a Notice of Proposed Rulemaking (NPRM) in
July 2010 (FCC 10-125) that led to the Healthcare Connect Fund Order,
and received OMB pre-approval for the information collection
requirements proposed in the NPRM. The Healthcare Connect Fund Order,
however, adopted information collection requirements that are in some
ways significantly different from those proposed in the NPRM, based on
the comments received in the rulemaking proceeding. Many of the
proposed requirements have been modified in light of commenters'
recommendations on streamlining and simplifying the information
collection burden, especially on smaller health care providers.
The information collections described in this notice are contained
in new rules adopted in the Healthcare Connect Fund Order (47 CFR
54.601(b), 54.631(a), 54.631(c), 54.632, 54.633(c), 54.634(b), 54.636,
54.639(d), 54.640(b), 54.642, 54.643, 54.645, 54.646, 54.647,
54.648(b), 54.675(d), and 54.679), and existing rules as amended by the
Healthcare Connect Fund Order (47 CFR 54.603(a), 54.603(b),
54.609(d)(2), 54.615(c), 54.619(a)(1), 54.619(d), and 54.623(a)).
Beginning in Funding Year 2012, its filing process to provide a
simple, web-based, user-friendly interface for submission of the
Telecommunications and Internet Access Program information collections.
Applicants are also able to upload required documentation (such as a
bill) as they complete the online form. The interface is designed to
provide online storage of applications and related materials for health
care providers, in order to ease compliance with recordkeeping
requirements and possible audits.
[[Page 19480]]
Furthermore, the system is designed to carry forward information
already provided by an applicant to future filings (i.e. pre-populate
data), in order to further reduce the filing burden. Respondents in the
Telecommunications and Internet Access Programs can also send their
forms and other documents to USAC via mail or electronic mail.
Respondents in the 2006 Pilot Program can send forms and documents via
electronic mail, and invoices via mail.
USAC will implement the information collection for the new
Healthcare Connect Fund through an online-only interface on the USAC
Web site. Health care providers who lack sufficient Internet access
will be able to contact USAC's help desk over the telephone to obtain
assistance with filing.
Revised Information Collection Requirements: (1) HEALTHCARE CONNECT
FUND: In December 2012, the Commission established the Healthcare
Connect Fund, which reforms, expands, and modernizes the RHC program
based on lessons learned from the 2006 Pilot Program. The Healthcare
Connect Fund is separate from the Telecommunications Program and the
2006 Pilot Program. The Healthcare Connect Fund provides support, in
part, for services similar to those supported under the Internet Access
Program. Therefore, the Commission will stop providing support under
the Internet Access Program for services received after June 30, 2014.
The following are the new Healthcare Connect Fund information
collection requirements:
(a) Authorization for Third Parties To Submit Forms on Behalf of
HCP/Consortium. Third parties (for example, consultants) may submit
forms and other documentation on behalf of eligible health care
providers if USAC receives, prior to submission of the forms or
documentation, a written, dated, and signed authorization from the
relevant officer, director, or other authorized employee stating that
the HCP or Consortium Leader accepts all potential liability from any
errors, omissions, or misrepresentations on the forms and/or documents
being submitted by the third party.
(b) Form 460--Eligibility Determination and Consortium Information.
Healthcare Connect Fund participants would be required to file a new
FCC Form 460 in order to certify that they are eligible to receive
support from the Fund. Applicants will be required to provide the HCP's
address and contact information, identify the eligible HCP type,
provide an address for each physical location that will receive
supported connectivity, provide a brief explanation for why the HCP is
eligible under the Act and the Commission's rules and orders, and
certify to the accuracy of this information under penalty of perjury.
They may also be required to provide a unique health care provider
identifying number, such as a National Provider Identifier code and/or
taxonomy code. Consortium applicants may file FCC Form 460 on behalf of
member HCPs if they have a letter of agency (discussed below).
Applicants must also register off-site administrative offices and off-
site data centers for which they are receiving support.
FCC Form 460 will also be used to provide certain basic information
about consortia to USAC: (1) The lead entity (``Consortium Leader'');
(2) the individual contact person within the lead entity (the ``Project
Coordinator''); and (3) HCP sites that will participate in a
consortium, including sites ineligible to receive support.
(c) Form 460 Attachment: Letter of Agency. Each Consortium Leader
must also obtain a letter of agency (LOA) from each HCP participant
that is independent of the Consortium Leader (i.e. HCP sites that are
not owned or otherwise controlled by the Consortium Leader). The LOA is
submitted as an attachment to FCC Form 460. The purposes of the LOA are
to provide authority for the Consortium Leader to submit FCC Forms 460,
461, and/or 462 on behalf of the HCP site. Consortium leaders are
required to obtain supporting information and/or documents to support
eligibility for each HCP when they collect the LOAs, and may be asked
for this information during a future audit or investigation.
(d) Form 460 Attachment: State/Non-Profit Entities That Want To
Serve as Both Vendor and Consortium Leader/Consultant. In general, an
entity may not simultaneously (1) serve as a Consortium Leader or
provide consulting assistance to a consortium, and (2) participate as a
potential vendor during the competitive bidding process. State
organizations, public sector entities, or non-profit entities who wish
to obtain an exemption from this prohibition may make a showing to USAC
that they have set up an organizational and functional separation. The
exemption must be obtained before the consortium begins preparing its
FCC Form 461 (request for services) and associated documents.
(e) Form 460 Attachment--Agreement Regarding Legal and Financial
Responsibility for Consortium Activities. Consortia may allocate legal
and financial responsibility for supported program activities as they
see fit, except for certain responsibilities specified in the
Healthcare Connect Fund Order, provided that this allocation is
memorialized in a formal written agreement between the affected parties
(i.e. the Consortium Leader, and the consortium as a whole and/or its
individual members). The written agreement must submitted to USAC for
approval with or prior to the submission of FCC Form 461. The agreement
should clearly identify the party(ies) responsible for repayment if
USAC is required, at a later date, to recover disbursements to the
consortium due to violations of program rules.
(f) Form 461--Request for Services (Competitive Bidding). All HCPs,
unless their funding request is subject to a competitive bidding
exemption, must submit a request for services (new Form 461 and
associated documents) for posting by USAC, wait at least 28 days before
selecting a service provider, and select the most cost-effective bid.
On FCC Form 461, applicants will provide basic information regarding
the HCP(s) on the application (including contact information for
potential bidders), a brief description of the desired services, and
evaluation criteria for bids. Each applicant must also certify that (1)
it is authorized to submit the request and that all statements of fact
in the application are true to the best of the signatory's knowledge;
(2) it has followed any applicable state or local procurement rules;
(3) the supported services and/or equipment will be used solely for
purposes reasonably related to the provision of health care service or
instruction that the HCP is legally authorized to provide under the law
of the state in which the services are provided and will not be sold,
resold, or transferred in consideration for money or any other thing of
value; (4) the HCP or consortium satisfies all program requirements and
will abide by all such requirements; and (5) all statements of facts
contained therein are true to the best of their knowledge, information,
and belief, and that under federal law, persons willfully making false
statements on the form can be punished by fine, forfeiture, or
imprisonment.
(g) Form 461 Attachment--Network Planning for Consortia. Consortium
applicants must also submit a narrative attachment with FCC Form 461
that includes: (1) Goals and objectives of the proposed network; (2)
strategy for aggregating the specific needs of HCPs (including
providers that serve rural areas) within a state or region; (3)
strategy for leveraging existing technology to adopt the most efficient
and cost effective means of connecting
[[Page 19481]]
those providers; (4) how the broadband services will be used to improve
or provide health care delivery; (5) any previous experience in
developing and managing health IT (including telemedicine) programs;
and (6) a project management plan outlining the project's leadership
and management structure, and a work plan, schedule, and budget.
(h) Form 461 Attachment--Request for Proposals (RFP). Submission of
a separate RFP document with Form 461 is required for (1) applicants
who are required to issue an RFP under applicable state, Tribal, or
local procurement rules or regulations; (2) consortium applications
that seek more than $100,000 in program support in a funding year; and
(3) consortium applications that seek support for infrastructure (i.e.
HCP-owned facilities) as well as services. In addition, any applicant
is free to submit an RFP to USAC for posting. All applicants who
utilize an RFP in conjunction with their competitive bidding process
must submit the RFP to USAC for posting. RFPs must provide sufficient
information to enable an effective competitive bidding process,
including describing the HCP's service needs; specify the period during
which bids will be accepted; and include the scoring criteria that will
be used to evaluate bids for cost-effectiveness. In addition, certain
additional requirements apply to RFPs if the applicant seeks support
for long-term capital investments (such as HCP-constructed
infrastructure or fiber indefeasible rights-of-use); dark fiber;
services or equipment that include an ineligible component; or HCP-
owned and constructed network facilities.
(i) FCC Form 462--Request for Funding. Once a service provider is
selected, applicants will submit a ``Funding Request'' on FCC Form 462
(and supporting documentation) to provide information about the
services and service providers (vendors) selected and certify that the
services were the most cost-effective offers received. FCC Form 462 is
the means by which an applicant identifies the service(s), rates,
service provider(s), and date(s) of service provider selection.
Applicants will also certify on FCC Form 462 that: (1) The person
signing the application is authorized to submit the application on
behalf of the applicant, and has examined the form and all attachments,
and to the best of his or her knowledge, information, and belief, all
statements of fact contained therein are true; (2) each service
provider selected is, to the best of the applicant's knowledge,
information, and belief, the most cost-effective service provider
available, as defined in the Commission's rules; (3) all Healthcare
Connect Fund support will be used only for the eligible health care
purposes, as described in this Order and consistent with the Act and
the Commission's rules; (4) the applicant is not requesting support for
the same service from both the Healthcare Connect Fund and from other
RHC programs; (5) the applicant satisfies all of the requirements under
section 254 of the Act and applicable Commission rules, and understands
that any letter from USAC that erroneously commits funds for the
benefit of the applicant may be subject to rescission; (6) the
applicant has reviewed all applicable requirements for the program and
will comply with those requirements; and (7) the applicant will
maintain complete billing records for the service for five years (and
for long-term capital investments, for five years after the end of the
useful life of the facility).
(j) FCC Form 462 Attachment--Contracts or Similar Documentation.
All applicants must submit a contract or other documentation that
clearly identifies (1) the vendor(s) selected and the HCP(s) who will
receive the services; (2) the service, bandwidth, and costs for which
support is being requested; (3) the term of the service agreement(s) if
applicable (i.e. if services are not being provided on a month-to-month
basis).
(k) FCC Form 462 Attachment--Cost Allocation Method for Ineligible
Entities or Components. Applicants who seek to include ineligible
entities within a consortium, or to obtain support for services or
equipment that include both eligible and ineligible components, should
submit a written description of their allocation method(s) to USAC with
their funding requests. If ineligible entities participate in a
network, the allocation method must be memorialized in writing, such as
a formal agreement among network members, a master services contract,
or for smaller consortia, a letter signed and dated by all (or each)
ineligible entity and the Consortium Leader. Applicants should also
submit with their funding requests any agreements that memorialize
cost-sharing arrangements with ineligible entities.
(l) FCC Form 462 Attachment--Competitive Bidding Documents.
Applicants must submit documentation to support their certifications
that they have selected the most cost-effective option. Relevant
documentation includes a copy of each bid received (winning, losing,
and disqualified), the bid evaluation criteria, and any other related
documents, such as bid evaluation sheets; a list of people who
evaluated bids (along with their title/role/relationship to the
applicant organization); memos, board minutes, or similar documents
related to the vendor selection/award; copies of notices to winners;
and any correspondence with service providers during the bidding/
evaluation/award phase of the process. If the application is exempt
from competitive bidding, the applicant should submit sufficient
documentation to allow USAC to verify that the applicant is eligible
for the exemption.
(m) FCC Form 462 Attachment--Updated Network Planning for
Consortia. Consortium applicants should submit any revisions to the
project management plan, work plan, schedule, and budget previously
submitted with the Request for Services (Form 461). If not previously
provided with the project management plan, applicants should also
provide (or update) a narrative description of how the network will be
managed, including all administrative aspects of the network (including
but not limited to invoicing, contractual matters, and network
operations.) If the consortium is required to provide a sustainability
plan (see below), the revised budget should include the budgetary
factors discussed in the sustainability plan requirements.
(n) FCC Form 462 Attachment--List of Participating HCPs and
Relevant Information. Consortium applicants will be required to provide
electronically (via a spreadsheet or similar method) a list of the
participating HCPs (both those eligible for support and those
ineligible) and all of their relevant information, including eligible
(and ineligible, if applicable) cost information for each participating
HCP.
(o) FCC Form 462 Attachment--Evidence of Viable Source for 35
Percent Contribution. All consortium applicants must submit, with their
funding requests, evidence of a viable source for their 35 percent
contribution.
(p) FCC Form 462 Attachment--Sustainability Plans for Applicants
Requesting Support for Long-Term Capital Expenses. Consortia who seek
funding to construct and own their own facilities or obtain
indefeasible rights of use (IRUs) or capital lease interests must
submit a sustainability plan with their funding requests demonstrating
how they intend to maintain and operate the facilities that are
supported over the relevant time period. Although participants are free
to include additional information to demonstrate a project's
sustainability, the sustainability plan must, at a minimum, address the
following points: (1)
[[Page 19482]]
Projected sustainability period; (2) principal factors considered to
demonstrate sustainability; (3) terms of membership in the network;
ownership structure for the network; sources of future support;
management structure of the network. Applicants will be required to
later submit revised sustainability plans if there is a material change
in sources of future support or management, a change that would impact
projected income or expenses by the greater of 20 percent or $100,000
from the previous submission, or if the applicant submits a funding
request based on a new Form 461 (i.e., a new competitively bid
contract).
(q) FCC Form 463--Invoicing. Service providers will bill HCPs
directly for services that they have provided. Upon receipt of a
service provider's bill, the HCP will create and approve an invoice for
USAC on FCC Form 463 for the services it has received. On the invoice,
(1) the HCP or Consortium Leader must certify to USAC that it has paid
its 35 percent contribution directly to the service provider; and (2)
the HCP and service provider must certify that they have reviewed the
invoice and that it is accurate. USAC will pay the service provider
directly based on the invoice. For consortia, the Consortium Leader is
responsible for the invoicing process, including certifying that the
participant contribution has been paid and that the invoice is
accurate.
(r) Extension Request for Lighting Fiber. Fiber must be lit during
the funding year for non-recurring charges associated with such fiber
to be eligible. Applicants may receive up to a one-year extension to
light fiber, however, if they provide documentation to USAC that
construction was unavoidably delayed due to weather or other reasons.
(s) Recordkeeping. Program participants and vendors in the
Healthcare Connect Fund must maintain required documentation for five
years after the service has been delivered (or after the end of the
useful life of a facility for which the participant has received
support to make a long-term capital investment) and produce these
records upon request of the Commission, any auditor appointed by the
Administrator or the Commission, or of any other state or federal
agency with jurisdiction. For a consortium, the Consortium Leader is
responsible for compliance with the Commission's recordkeeping
requirements.
(t) Annual Reporting Requirement for Consortium Participants.
Consortium participants in the Healthcare Connect Fund will be required
to submit annual reports to assist the Commission in measuring progress
toward the three program goals for the Healthcare Connect Fund.
Additionally, applicants may request support for upfront, non-recurring
charges for long-term capital investments, such as constructing their
own network facilities, or obtaining an indefeasible right-of-use (IRU)
or prepaid lease interest in existing network facilities such as dark
fiber. In such a case, the applicant may be obtaining access to
facilities that have a useful life extending many years after program
funds have been disbursed, but would not need to submit requests for
funding on an annual basis once access to the facility is obtained. In
order to ensure that such facilities continue to be used for eligible
purposes throughout their useful life, the Commission will require such
applicants to submit, during the useful life of the facility,
additional information identifying the health care providers utilizing
the network, and the services they are receiving from the supported
network. Much of the data to be collected from participants in the
Healthcare Connect Fund, as discussed in the Healthcare Connect Order,
is already collected through FCC Forms 460, 461, 462, and 463. In order
to minimize the burden posed by the annual report, the Commission and
USAC will develop a simple and streamlined, electronic reporting system
that integrates data collected through the application process, thereby
eliminating the need to resubmit (in the annual report) any information
that has previously been provided.
(2) SKILLED NURSING FACILITIES PILOT: Also in December 2012, the
Commission adopted the Skilled Nursing Facilities Pilot (SNF Pilot) to
test how to support broadband connections for skilled nursing
facilities. The SNF Pilot will focus on how the Commission can best
utilize program support to assist skilled nursing facilities that are
using broadband connectivity to work with eligible health care
providers through the use of electronic health records, telemedicine,
and other broadband-enabled health care applications. The Commission
intends to utilize Healthcare Connect Fund forms for the Skilled
Nursing Facilities Pilot Program (e.g. to register skilled nursing
facility locations with USAC, invoicing, etc.) to the extent feasible,
except with respect to the application and reporting requirements
described below.
The following new information collection requirements are
associated with the SNF Pilot:
(u) Application for Skilled Nursing Facilities Pilot. Participants
in the SNF Pilot will be selected using a competitive process. It is
anticipated that applications for the SNF Pilot will likely be in a
narrative format, and may include the following elements: (1) Project
description, budget and goals, including technologies to be used and
patient population(s) to be targeted; (2) explanation of the need for
broadband connectivity and anticipated health IT uses of supported
connectivity; (3) anticipated health care cost savings and/or
improvements in the quality of health care enabled through use of
broadband-enabled health IT; (4) a detailed explanation of the design,
data gathering and evaluation component of the project; (5) a
description of the sites to be connected and the network design; and
(6) certifications to ensure compliance with program requirements.
The Commission will be developing scoring criteria for applications
for the SNF Pilot with the input of relevant stakeholders (such as the
U.S. Department of Health and Human Services (HHS)), consistent with
the program goals for the Healthcare Connect Fund. Once the scoring
criteria are developed, the Commission will release a Public Notice
announcing the application procedures and deadlines. Applicants will
include in their applications a demonstration of how they satisfy the
scoring criteria.
(v) Reporting Requirements for Skilled Nursing Facilities Pilot
Participants. The SNF Pilot Program will seek to collect data on a
number of variables related to the broadband connections supported and
their health care uses. Applicants must commit to robust data gathering
as well as analysis and sharing of the data and to submitting an annual
report. Applicants will be expected to explain what types of data they
intend to gather and how they intend to gather that data in their
applications. At the conclusion of the Pilot, applicants should be
prepared to demonstrate with objective, observable metrics the health
care cost savings and/or improved quality of patient care that have
been realized through greater use of broadband to provide telemedicine
to treat the residents of SNFs. The Commission plans to make this data
public for the benefit of all interested parties, including third
parties that may use such information for their own studies and
observations.
(3) REVISIONS TO 2006 PILOT PROGRAM REPORTING REQUIREMENTS:
Participants in the 2006 Pilot Program are currently required to submit
to USAC and the Commission quarterly reports containing data listed in
the Rural Health Care Pilot Program Selection Order, Appendix D.
[[Page 19483]]
(w) Revised Reporting Requirements for 2006 Pilot Program
Participants. In the Healthcare Connect Fund Order, the Commission
modified the 2006 Pilot Program reporting requirements to: (1) Extend
through and include the last funding year in which a Pilot project
received Pilot support, or, for Pilot Projects that received large
upfront payments, for the life of the supported facility; (2) file
annually instead of quarterly, filing their first annual report on
September 30, 2013 and submitting the report to USAC, rather than USAC
and the Commission; and (3) conform their reports with the Healthcare
Connect Fund annual reports for consortia, where participants will be
required to submit annual reports to assist the Commission in measuring
progress toward the three program goals: increase access to broadband
for health care providers; develop and deploy of broadband healthcare
networks; and measure the cost-effectiveness of the program.
Previously Approved Collection Requirements: The
Telecommunications, Internet Access, and 2006 Pilot Programs use forms
and instructions that have been previously approved by OMB as part of
this information collection. The Commission is seeking renewal of these
forms and instructions for a new three-year period.
All eligible health care providers applying for discounts under the
Telecommunications, Internet Access, and 2006 Pilot Programs must file
FCC Forms 465, 466 and/or 466-A, and 467. Eligible health care
providers file FCC Form 465 with USAC to make a bona fide request for
supported services. Next, after a period of not less than 28-days after
filing FCC Form 465, a health care provider that has selected a vendor
submits FCC Form 466 and/or 466-A to indicate the type(s) and cost(s)
of services ordered, information about the service provider, and the
terms of the service agreement. Eligible health care providers must
also certify on the applicable FCC Forms 466 and 466-A that the health
care provider has selected the most cost-effective method of providing
the selected service(s). The last form eligible health care providers
submit is FCC Form 467, which is used by the entity to notify USAC that
the service provider has begun providing supported services. As part of
this information collection, OMB has also previously approved certain
templates, samples, and spreadsheets provided to program participants
to facilitate the reporting and record keeping requirements under this
collection.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the Secretary, Office of Managing
Director.
[FR Doc. 2013-07478 Filed 3-29-13; 8:45 am]
BILLING CODE 6712-01-P