Commissioners OK'd rules 4-0 for round two of the COVID-19 telehealth program, the FCC announced Tuesday. They denied an American Hospital Association petition for reconsideration to include for-profit hospitals as eligible providers. Nearly $250 million will be awarded during the second round. The commission created an application filing window rather than a rolling basis for accepting applications because "smaller providers with more limited resources may have faced difficulties quickly compiling their applications." The filing window is expected to open within 30 days. The FCC will announce this start date "very shortly," said acting Chairwoman Jessica Rosenworcel. Round one applicants that didn't receive funding must submit a new application for round two and "will receive an increase in points in Round 2 which are not available to other Round 2 applicants," the order said. Universal Service Administrative Co. will administer funds again, prioritizing applications from the hardest-hit and low-income areas, unfunded round one applicants, tribal communities, critical access hospitals, federally qualified health centers, healthcare provider shortage areas, new round two applicants and rural counties. Commissioner Geoffrey Starks said the rules give "significant weight to applications proposing to serve low-income communities" and included some of his proposed edits. Rules "strike the right balance between ensuring a wide and equitable distribution of funding and promoting the widest possible participation of health care providers," said Commissioner Brendan Carr. Commissioner Nathan Simington didn't release a statement. The FCC extended from six to 12 months the time applicants may receive funding, saying "providers will likely continue to rely on telehealth and connected care services as a critical means of addressing the COVID-19 pandemic through at least a good portion of 2022." Funds will be awarded in two phases, as expected (see 2103170047). The first $150 million goes to highest-scoring applicants. After a 10-day period, USAC will re-rank the remaining applicants and disburse the remaining funds. The commission kept in place eligibility requirements for providers from round one, and applicants needing to obtain approved eligibility determination must do so only for the "lead health care provider" listed on the application. If an applicant has multiple sites on their application, they must certify only that all sites listed are eligible. The order said its eligible services list is broad enough to provide "the flexibility needed to respond to rapidly evolving situations" and includes guidance on ineligible services.

A federal court agreed with CTIA that a Kentucky 911 law conflicts with the 2018 federal Wireless Telecommunications Tax and Fee Collection Fairness Act. Responding to that federal statute, the 2020 state law made Lifeline providers directly liable for 911 fees and barred them from passing the charge to users. In an opinion (in Pacer) entered Tuesday, U.S. District Court in Frankfort, Kentucky, granted an injunction and restraint against the Kentucky 911 Service Board in case 3:2020-cv-00043. Judge Gregory Van Tatenhove agreed with industry that the Kentucky law is preempted by Section 1510 of the Fairness Act, which limits states from requiring someone out-of-state from collecting state or local fees. “Though the Board alleges that Kentucky’s intention” with the 2020 law “was to comply with Section 1510, the state has failed to do so,” wrote Van Tatenhove. The judge disagreed with CTIA that the law violated two sections of the Communications Act, and he didn’t address the association’s constitutional claims. Section 254(f) on USF doesn’t preempt the Kentucky charge because the fee “has no relation to the manner by which Kentucky operates its universal service fund,” he said. Section 332(c)(3) stopping states’ from regulating wireless provider rates and entry can’t “be read so broadly as to prevent any incidental effects on entry or rates that a [statute] might impose,” he said. The judge disagreed with the state board that CTIA lacks standing as an association representing affected carriers and that Communications Act Section 616a-1(f)(1) exempts state 911 charges from preemption. Such a “broad reading ... would allow states to impose extreme requirements, like the taking of large portions of the service providers’ subsidies, in the name of ‘collecting fees for 911 services,’” he wrote. CTIA is glad the court recognized that the Kentucky law "discriminated against Lifeline providers serving low income consumers," said General Counsel Tom Power. "We are committed to working with policymakers at all levels to ensure all Americans benefit from wireless connectivity and ensure that 9-1-1 systems are appropriately funded." The Kentucky board didn’t comment.

Commissioners OK'd rules 4-0 for round two of the COVID-19 telehealth program, the FCC announced Tuesday. They denied an American Hospital Association petition for reconsideration to include for-profit hospitals as eligible providers. Nearly $250 million will be awarded during the second round. The commission created an application filing window rather than a rolling basis for accepting applications because "smaller providers with more limited resources may have faced difficulties quickly compiling their applications." The filing window is expected to open within 30 days. The FCC will announce this start date "very shortly," said acting Chairwoman Jessica Rosenworcel. Round one applicants that didn't receive funding must submit a new application for round two and "will receive an increase in points in Round 2 which are not available to other Round 2 applicants," the order said. Universal Service Administrative Co. will administer funds again, prioritizing applications from the hardest-hit and low-income areas, unfunded round one applicants, tribal communities, critical access hospitals, federally qualified health centers, healthcare provider shortage areas, new round two applicants and rural counties. Commissioner Geoffrey Starks said the rules give "significant weight to applications proposing to serve low-income communities" and included some of his proposed edits. Rules "strike the right balance between ensuring a wide and equitable distribution of funding and promoting the widest possible participation of health care providers," said Commissioner Brendan Carr. Commissioner Nathan Simington didn't release a statement. The FCC extended from six to 12 months the time applicants may receive funding, saying "providers will likely continue to rely on telehealth and connected care services as a critical means of addressing the COVID-19 pandemic through at least a good portion of 2022." Funds will be awarded in two phases, as expected (see 2103170047). The first $150 million goes to highest-scoring applicants. After a 10-day period, USAC will re-rank the remaining applicants and disburse the remaining funds. The commission kept in place eligibility requirements for providers from round one, and applicants needing to obtain approved eligibility determination must do so only for the "lead health care provider" listed on the application. If an applicant has multiple sites on their application, they must certify only that all sites listed are eligible. The order said its eligible services list is broad enough to provide "the flexibility needed to respond to rapidly evolving situations" and includes guidance on ineligible services.

Commissioners OK'd rules 4-0 for round two of the COVID-19 telehealth program, the FCC announced Tuesday. They denied an American Hospital Association petition for reconsideration to include for-profit hospitals as eligible providers. Nearly $250 million will be awarded during the second round. The commission created an application filing window rather than a rolling basis for accepting applications because "smaller providers with more limited resources may have faced difficulties quickly compiling their applications." The filing window is expected to open within 30 days. The FCC will announce this start date "very shortly," said acting Chairwoman Jessica Rosenworcel. Round one applicants that didn't receive funding must submit a new application for round two and "will receive an increase in points in Round 2 which are not available to other Round 2 applicants," the order said. Universal Service Administrative Co. will administer funds again, prioritizing applications from the hardest-hit and low-income areas, unfunded round one applicants, tribal communities, critical access hospitals, federally qualified health centers, healthcare provider shortage areas, new round two applicants and rural counties. Commissioner Geoffrey Starks said the rules give "significant weight to applications proposing to serve low-income communities" and included some of his proposed edits. Rules "strike the right balance between ensuring a wide and equitable distribution of funding and promoting the widest possible participation of health care providers," said Commissioner Brendan Carr. Commissioner Nathan Simington didn't release a statement. The FCC extended from six to 12 months the time applicants may receive funding, saying "providers will likely continue to rely on telehealth and connected care services as a critical means of addressing the COVID-19 pandemic through at least a good portion of 2022." Funds will be awarded in two phases, as expected (see 2103170047). The first $150 million goes to highest-scoring applicants. After a 10-day period, USAC will re-rank the remaining applicants and disburse the remaining funds. The commission kept in place eligibility requirements for providers from round one, and applicants needing to obtain approved eligibility determination must do so only for the "lead health care provider" listed on the application. If an applicant has multiple sites on their application, they must certify only that all sites listed are eligible. The order said its eligible services list is broad enough to provide "the flexibility needed to respond to rapidly evolving situations" and includes guidance on ineligible services.

Congress should fund an infrastructure package because too many areas won’t get broadband without federal help, House Communications Chairman Mike Doyle, D-Pa., told a Competitive Carriers Association virtual conference Tuesday. “The business case just doesn’t exist for too many communities,” he said: “Infrastructure is a high priority for me and for this new administration.”

Congress should fund an infrastructure package because too many areas won’t get broadband without federal help, House Communications Chairman Mike Doyle, D-Pa., told a Competitive Carriers Association virtual conference Tuesday. “The business case just doesn’t exist for too many communities,” he said: “Infrastructure is a high priority for me and for this new administration.”

“It’s time to be more ambitious nationwide” on minimum broadband speeds, FCC acting Chairwoman Jessica Rosenworcel said Tuesday at a livestreamed California Public Utilities Commission workshop. Fiber is “future-proof,” and “we don’t have to wait ... any longer” for the private sector, said California Assembly Member Cecilia Aguiar-Curry (D), who's co-sponsoring a bill to fund and revamp the California Advanced Services Fund (CASF) this year.

Active removal of orbital debris carries technological, legal and policy challenges that need hammering out, experts told an Aerospace Corp. webinar Thursday. Chris May, Aerospace engineer-Human Exploration and Spaceflight Division, said methodologies have been suggested, including electromagnetic tethers and harpoons, and no single approach will work for all types of debris due to varying sizes and orbital mechanics. He said money has been a big hurdle to development of an active debris removal industry, with little ADR funding available beyond the R&D and demo stage. George Washington University Space Policy Institute graduate student Tyler Way said policy challenges include export concerns for the technology involved and liability issues about which party is ultimately responsible: the state licensing the client satellite or the company providing the ADR service. He said there are "legally daunting" issues with removal of small debris, since its origin is often unknown, making it difficult to go up in good faith and remove it. Way said there have been discussions about an international body or agreement that would focus on ADR regulation and help alleviate some legal complications, and that could take years to establish.

The FCC Wireline Bureau gave Tata Communications limited waiver of rules for revenue reporting years 2020 and 2021, in an order said Thursday. This waives the 12% limited international revenue exemption (LIRE)-qualifying threshold so Tata may "continue to contribute to the Universal Service Fund based solely on its interstate end-user telecommunications revenues." Waiver is limited to "direct USF contribution obligations only" and expires at year-end or the effective date of any new rules revising LIRE on an industrywide basis. Tata won't be exempt from paying indirect USF contributions if its interstate revenue declines to a level that would qualify the company for de minimis status.

The FCC's recent infusion of money from Congress will likely help millions of students and low-income households stay connected during the pandemic, experts said in recent interviews. They said the commission must overcome longstanding institutional barriers to find a solution to shore up USF financially over the long haul (see 2102010059).