As with Round 1, this opportunity provides up to $1 million per application for equipment and services used for pandemic-related telehealth purposes. Specifically, the funding can be used “to support efforts of healthcare providers to address coronavirus by providing telecommunications services, information services, and devices necessary to enable the provision of telehealth services.” But there are three major differences this time:
If you have any urgent questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on other aspects of the federal and state response to the COVID-19 pandemic, as well as labor and employment and other issues, please visit Kelley Drye’s COVID-19 Response Resource Center.
FCC Approves Tenth Set of COVID-19 Telehealth Applications, Surpassing $100 Million in Funding Out of the $200 Million Allocated
On June 10, the Wireline Competition Bureau (“WCB”) approved 67 additional funding applications for the COVID-19 Telehealth Program. Under the latest funding round, $20.18 million will go to health care providers across 27 states and Washington, D.C. With this latest set of approvals, the FCC’s COVID-19 Telehealth Program has funded 305 health care providers in 42 states, plus D.C., for a total of $104.98 million in funding awarded so far. Congress appropriated $200 million for the Program and the FCC continues to evaluate applications and distribute funding on a rolling basis.
In the most recent episode of Kelley Drye’s Full Spectrum podcast, Special Counsel Denise Smith discussed the COVID-19 Telehealth Program, including healthcare provider eligibility criteria, funding coverage, and key application considerations.
WCB, OMD Defer Form 470 Changes
On June 8, the WCB and the Office of the Managing Director (“OMD”) issued a Public Notice (DA 20-598) notifying E-Rate program participants that the FCC Form 470 will remain unchanged for funding year 2021. Form 470 is the form that E-Rate program applicants use to solicit bids from service providers for eligible services. This is the latest FCC action aimed at allowing schools and libraries to continue to focus their time and resources on responding to the pandemic.
WCB Waives Filing Requirement for RoR ETCs
On June 8, the WCB released an Order (DA 20-641) granting a temporary waiver of the requirement for privately held rate-of-return (“RoR”) eligible telecommunications carriers (“ETCs”) that receive loans from the Rural Utilities Service (“RUS”) to file electronic copies of their annual RUS Operating Report for Telecommunications Borrowers filings by July 1. The RUS is a unit within the United States Department of Agriculture (“USDA”). In the USF/ICC Transformation Order, the FCC required all privately held rate-of-return ETCs to provide a full and complete annual report on their financial condition and operations. The Order notes that it is “not in the public interest to require these carriers to submit a copy of a report that has not yet been required by or reported to the USDA.” These carriers must submit a copy of this report to USAC at the time it is due to USDA. The FCC still requires all ETCs, including those who are RUS loan recipients, to complete the remainder of their Form 481 filing and submit it to USAC by the July 1 deadline.
Commissioner Starks Announces Digital Opportunity Equity Recognition Program
On June 8, FCC Commissioner Geoffrey Starks announced the Digital Opportunity Equity Recognition (“DOER”) Program to commend organizations, institutions, companies and individuals who, through their actions and responses to the COVID-19 crisis, have helped to make quality affordable broadband service available to unserved or underserved communities. Nominations for the first round of recognitions are due to [email protected] by July 8.
]]>If you have any urgent questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on other aspects of the federal and state response to the COVID-19 pandemic, as well as labor and employment and other issues, please visit Kelley Drye’s COVID-19 Response Resource Center.
FCC Approves Seventh Set of COVID-19 Telehealth Applications, Surpasses $50 Million in Funding
On May 20, 2020, the FCC’s Wireline Competition Bureau (“WCB”) approved 43 funding applications for the COVID-19 Telehealth Program. Under the latest funding round, $16.87 million in funding will go to health care providers across 20 states. This includes Children’s National Hospital, the first Washington, D.C. provider to receive funding. With this latest set of approvals, the FCC’s COVID-19 Telehealth Program has funded 132 health care providers in 33 states, plus D.C., for a total of just over $50 million in funding awarded.
Congress appropriated $200 million for the Program and the FCC continues to evaluate applications and distribute funding on a rolling basis. Providers therefore should take action now to assess their interest and ability to participate in the Program, if they have not already done so. On May 21, 2020, the senior counsel for the WCB’s Telecommunications Access Policy Division encouraged providers to apply as soon as possible. "Don't let the perfect be the enemy of the good" he said. “Bureau staff will work with applicants and seek clarification as needed.”
FCC, FTC Demand More Gateway Providers Cut Off Robocallers to Stop Coronavirus-Related Scams
On May 20, 2020, the FCC demanded that service providers take action to stop coronavirus-related scam robocalls from bombarding American consumers. The agency warned a number of “gateway” communications providers allegedly facilitating COVID-19-related scam robocalls originating overseas that they must stop carrying these calls or face serious consequences. Specifically, if the providers do not take action to address the scam robocalls, the FCC will allow other providers to block all traffic from these gateway providers’ networks.
This is the second such action taken by the agencies, following a similar demand in in April, when three gateway providers stopped carrying COVID-19-related scam robocalls within 24 hours of receiving the warning. The FCC and FTC have been working closely with the Department of Justice on these efforts to stop scammers from reaching American consumers. The warning shows that the FCC, FTC, and other agencies plan to aggressively address consumer protection-related issues during the crisis and will target service providers in addition to the underlying scammers to resolve problems quickly.
FCC and IMLS Partner to Keep Libraries and Communities Connected
On May 21, 2020, the FCC announced that it is partnering with the Institute of Museum and Library Services (“IMLS”) to promote use of $50 million in CARES Act funding to help address the digital divide. The CARES Act allocated $50 million in funding to IMLS, the primary source of federal funding for the nation’s museums and libraries, to enable these institutions, as well as organizations serving Tribal communities, to respond to the pandemic. This includes work to expand network access, purchase Internet accessible devices, and provide technical support services to communities. States and territories may use the funds to expand broadband access and prioritize their efforts to high-need communities. $15 million in funding will be awarded through grants to libraries and museums, as well as Tribes and organizations serving and representing Native Hawaiians. Applications are due June 12, 2020 with award announcements anticipated in August 2020.
As part of the FCC’s collaboration with IMLS, the FCC will publicize these CARES Act resources, help conduct outreach to libraries and organizations serving Tribal Communities, and provide information on broadband service providers that may be able to help. The agencies will also work together to ensure that libraries are aware that community use of Wi-Fi networks supported by the FCC’s E-Rate program is permitted during library closures.
]]>If you have any urgent questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on other aspects of the federal and state response to the COVID-19 pandemic, as well as labor and employment and other issues, please visit Kelley Drye’s COVID-19 Response Resource Center.
FCC Approves Fifth Set of COVID-19 Telehealth Program Applications, Moves to Portal-Only Applications
On May 6, 2020, the FCC’s Wireline Competition Bureau (“WCB”) approved an additional 26 applications for the COVID-19 Telehealth Program. Under the latest funding round (which is the largest so far), $11.19 million in funding will go to health care providers in California, Texas, Massachusetts, and several other hard-hit areas. To date, the Program has funded 56 health care providers in 23 states for a total of $24.9 million. On May 1, 2020, the WCB announced via Public Notice that it will no longer accept PDF form applications by email for the Program. Instead, all applications for the Program must be submitted through the FCC’s online application portal available at https://www.fcc.gov/covid-19-telehealthprogram. The WCB stated that accepting applications only through the portal will enable it to expedite Program funding decisions.
Congress appropriated $200 million for the Program and the FCC continues to evaluate applications and distribute funding on a rolling basis. While money remains available, the size and pace of disbursements under the Program continues to increase and providers should take action now to assess their interest and ability to participate in the Program.
FCC Highlights Consumer Broadband Service Through Temporary 5.9 GHz Band Access Grants
On May 4, 2020, the FCC announced that its decision to grant wireless Internet service providers (“WISPs”) temporary access to 5.9 GHz spectrum is helping boost consumer internet access during the pandemic. To date, the FCC has granted Special Temporary Authority (“STA”) to more than 100 WISPs to access otherwise fallow spectrum in the 5.9 GHz band and other bands. Many providers in rural and suburban communities have reported how the spectrum is helping to address the increased demand for broadband as consumers adjust to stay-at-home orders and social distancing measures. It is likely that the FCC will continue to approve STAs to improve consumer broadband service during the pandemic.
FCC Hosts HBCU Presidents' Roundtable on Connectivity during Pandemic
On May 4, 2020, FCC Commissioner Geoffrey Starks virtually hosted a roundtable to discuss the connectivity needs at Historically Black Colleges and Universities (“HBCUs”) during the COVID-19 pandemic. This event featured remarks from U.S. Representatives Alma Adams (D-NC) and G.K. Butterfield (D-NC), and brought together leadership from HBCUs across the country. HBCU requests included laptops and residential broadband for students and employees, and funding for HBCUs in the next COVID-19 stimulus bill. Rep. Adams suggested that future COVID-19 legislation should include $10 million for a technology infrastructure fund for HBCUs to continue their transition to online learning.
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