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Universal Service - Rural Health Care - Petition (USTelecom)

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Released: April 24, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-864

Released: April 24, 2013

WIRELINE COMPETITION BUREAU SEEKS COMMENT ON

UNITED STATES TELECOM ASSOCIATION PETITION FOR RECONSIDERATION

AND CLARIFICATION OF THE HEALTHCARE CONNECT FUND ORDER

WC Docket No. 02-60

Comment Date: May 9, 2013
Reply Comment Date: May 20, 2013

The Wireline Competition Bureau seeks comment on a petition filed by the United States
Telecom Association (USTelecom)1 for reconsideration and clarification of the Healthcare Connect Fund
(HCF) Order (Order).2 USTelecom asks the Commission to reconsider its decisions to permit health care
providers (HCPs) participating in the HCF program to install and resell excess capacity,3 and to receive
support for dark fiber.4
USTelecom also asks the Commission to clarify: (1) that enforcement actions seeking recovery
for violations in all universal service rural health care (RHC) programs be directed solely at the
responsible parties;5 (2) whether its RHC programs’ competitive bidding rules prohibit gifts from service
providers to applicants;6 (3) service providers’ broadband metrics reporting requirements;7 and (4) certain
certification and invoicing requirements, including the time frame within which HCPs must submit
invoices to service providers.8


1 USTelecom Association Petition for Reconsideration and Clarification, WC Docket No. 02-60 (filed Apr. 1, 2013)
(Petition); Petition for Reconsideration of Action in a Rulemaking Proceeding, 78 Fed. Reg. 24147 (Apr. 24, 2013).
2 Rural Health Care Support Mechanism, WC Docket No. 02-60, Report and Order, 27 FCC Rcd 16678 (2012).
3 Petition at 2-5.
4 Id. at 5-6.
5 Id. at 6-7.
6 Id. at 7-8.
7 Id. at 9-10.
8 Id. at 10-11.

Pursuant to sections 1.4(b)(1) and 1.429(f), (g), (h) of the Commission’s rules, interested parties
may file comments on or before the dates indicated above.9 Comments may be filed using the
Commission’s Electronic Comment Filing System (ECFS).10
§
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.
§
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary,
Office of the Secretary, Federal Communications Commission.
§
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be
delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554.
The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber
bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.
§
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must
be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
§
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street,
SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).

In addition, one copy of each pleading must be sent to each of the following:


(1) Mark Walker, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th
Street, S.W., Room 5-B431, Washington, D.C. 20554; e-mail: Mark.Walker@fcc.gov; and
(2) Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th
Street, S.W., Room 5-A452, Washington, D.C. 20554; e-mail: Charles.Tyler@fcc.gov.
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.11 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two


9 47 C.F.R. §§ 1.4(b)(1), 1.429 (f), (g), (h).
10 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
11 47 C.F.R. §§ 1.1200 et seq.
2

business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
parte
rules.
For further information, please contact Mark Walker, Telecommunications Access Policy
Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.
- FCC -
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