FCC Grants RHC Waiver Request Filed by Broadband Legal Strategies, LLC
Broadband Legal Strategies, LLC announces that on May 22, 2020, the FCC’s Wireline Competition Bureau granted its request for waiver filed on behalf of Kellogg & Sovereign Consulting, LLC for seven of its rural healthcare provider clients.
Kellogg & Sovereign requested waiver of the Rural Health Care rules to permit it to file funding year 2019 funding requests after the close of the application window. Kellogg & Sovereign was unable to timely file the applications due to disastrous weather, including tornadoes, damaging winds, hail, and flooding, that occurred in May 2019 right before the application deadline.
After receipt of the waiver request, the Bureau released a Public Notice seeking comment on the waiver. Three parties filed in support: the Oklahoma Hospital Association (OHA), the Schools, Health and Libraries Broadband Coalition (SHLB), and the Oklahoma Universal Service Fund Administrator. These parties urged the RHC program to adopt the E-rate Program’s 14-day grace period for late-filed applications (SHLB and OHA) and explaining the denial would be devastating to areas in Oklahoma served by these HCPs (OK USF Administrator).
The Bureau found good cause to grant the waiver, finding the damage and disruption caused by the extreme weather events and their close proximity to the filing deadline merit a waiver. The Bureau also clarified that this waiver was only available to HCPs that were unable to file their FCC Form 462s by the deadline due to natural disasters and required each HCP included in the waiver to affirm that, to the best of their knowledge, the applications would have been timely filed but for the natural disaster in Oklahoma. The Bureau noted that it had sometimes required applicants affected by natural disasters to be located in areas declared eligible for federal assistance by FEMA, but did not mandate that requirement for these HCPs. The Bureau dismissed any request for a 14-day grace period for all late-filed RHC applications, without any explanation.
Kellogg & Sovereign requested waiver of the Rural Health Care rules to permit it to file funding year 2019 funding requests after the close of the application window. Kellogg & Sovereign was unable to timely file the applications due to disastrous weather, including tornadoes, damaging winds, hail, and flooding, that occurred in May 2019 right before the application deadline.
After receipt of the waiver request, the Bureau released a Public Notice seeking comment on the waiver. Three parties filed in support: the Oklahoma Hospital Association (OHA), the Schools, Health and Libraries Broadband Coalition (SHLB), and the Oklahoma Universal Service Fund Administrator. These parties urged the RHC program to adopt the E-rate Program’s 14-day grace period for late-filed applications (SHLB and OHA) and explaining the denial would be devastating to areas in Oklahoma served by these HCPs (OK USF Administrator).
The Bureau found good cause to grant the waiver, finding the damage and disruption caused by the extreme weather events and their close proximity to the filing deadline merit a waiver. The Bureau also clarified that this waiver was only available to HCPs that were unable to file their FCC Form 462s by the deadline due to natural disasters and required each HCP included in the waiver to affirm that, to the best of their knowledge, the applications would have been timely filed but for the natural disaster in Oklahoma. The Bureau noted that it had sometimes required applicants affected by natural disasters to be located in areas declared eligible for federal assistance by FEMA, but did not mandate that requirement for these HCPs. The Bureau dismissed any request for a 14-day grace period for all late-filed RHC applications, without any explanation.
