**DA 07-1237\
Released: March 13, 2007**

**COMMENT SOUGHT ON american telemedicine association's Petition for
Reconsideration of the Rural Health Care support mechanism Second Report
and Order**

**WC Docket No. 02-60**

**COMMENTS DUE: April, 12, 2007\
REPLY COMMENTS DUE: May 14, 2007**

In the *Second Report and Order*, the Commission changed its definition
of "rural" for the purposes of the rural health care support
mechanism.[^1] In March 2005, the American Telemedicine Association
(ATA) filed a Petition for Reconsideration of the Commission's *Second
Report and Order*, in which it requested that the Commission
grandfather, for an indefinite period of time, rural sites that were no
longer eligible for rural health care support under the new definition
of rural in the *Second Report and Order*, but which were eligible prior
to the date of the *Second Report and Order*.[^2] By this Public Notice,
we seek comment on the ATA Petition for Reconsideration.

> In order to ease the transition to the new definition, the Commission
> permitted all health care providers that had received a funding
> commitment from the Universal Service Administrative Company (USAC)
> since 1998 to continue to qualify for support under the rural health
> care support mechanism for the next three years under the old
> definition.[^3] Thereafter, health care providers would be required to
> qualify under the Commission's new definition to receive funding.[^4]
> The Commission found the transition period was necessary to allow
> rural health care providers to plan for the elimination of support if
> they would no longer be eligible under the new definition, and also
> would allow the Commission time to review the effect of the new
> definition.[^5]
>
> Now that the definition of rural adopted in the *Second Report and
> Order* has been in place for two funding years, we seek comment on
> ATA's request that the Commission grandfather, for an indefinite
> period of time, rural sites eligible for rural health care support
> under the prior definition and its request that the Commission provide
> other options for retaining previously eligible rural communities.[^6]
> We also seek comment on ATA's concerns regarding the effect of the new
> definition of rural established in the *Second Report and Order* on
> specific communities.[^7] Interested parties may file comments on or
> before **April 12, 2007**, and reply comments on or before **May 14,
> 2007**. Comments may be filed using: (1) the Commission's Electronic
> Comment Filing System (ECFS), (2) the Federal Government's eRulemaking
> Portal, or (3) by filing paper copies.[^8]

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the
    Federal eRulemaking Portal: http://www.regulations.gov. Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   For ECFS filers, if multiple docket or rulemaking numbers appear
        in the caption of this proceeding, filers must transmit one
        electronic copy of the comments for each docket or rulemaking
        number referenced in the caption. In completing the transmittal
        screen, filers should include their full name, U.S. Postal
        Service mailing address, and the applicable docket or rulemaking
        number. Parties may also submit an electronic comment by
        Internet e-mail. To get filing instructions, filers should send
        an e-mail to ecfs@fcc.gov, and include the following words in
        the body of the message, "get form." A sample form and
        directions will be sent in response.

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-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies 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 (although we continue to experience delays in receiving U.S.
> Postal Service mail). All filings must be addressed to the
> Commission's Secretary, Office of the Secretary, Federal
> Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE, Suite 110, Washington, D.C. 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of [before]{.underline} 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 should
    be addressed to 445 12^th^ 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).

All filings must be addressed to the Commission's Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, 445
12^th^ Street, SW, Room TW-A325, Washington, DC 20554. Parties should
also send a copy of their filings to Gina Spade, Telecommunications
Access Policy Division, Wireline Competition Bureau, Federal
Communications Commission, 445 12^th^ Street, SW, Washington, DC 20554,
or by e-mail to gina.spade@fcc.gov. Parties shall also serve one copy
with the Commission's copy contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC
20554, (202) 488-5300, or via e-mail to fcc@bcpiweb.com.

Documents in WC Docket No. 02-60 are available for public inspection and
copying during business hours at the FCC Reference Information Center,
Portals II, 445 12^th^ St. SW, Room CY-A257, Washington, D.C. 20554. The
documents may also be purchased from BCPI, telephone (202) 488-5300,
facsimile (202) 488-5563, TTY (202) 488-5562, e-mail fcc@bcpiweb.com.
These documents may also be viewed on the Commission's website at
http://www.fcc.gov/cgb/ecfs.

For further information, contact Gina Spade of the Telecommunications
Access Policy Division, Wireline Competition Bureau at (202) 418-7400.

-FCC-

[^1]: *Rural Health Care Support Mechanism*, WC Docket No. 02-60, Second
    Report and Order, Order on Reconsideration, and Further Notice of
    Proposed Rulemaking, 19 FCC Rcd 24613, 24619-20, at paras. 11-13
    (2004) (*Second Report and Order*).

[^2]: American Telemedicine Association Petition for Reconsideration of
    the Second Report and Order, Order on Reconsideration, and Further
    Notice of Proposed Rulemaking, WC Docket No. 02-60 (filed March 7,
    2005) (ATA Petition).

[^3]: *Second Report and Order*, 19 FCC Rcd at 24623-24, para. 23; 47
    C.F.R. § 54.501(a)(3)(i).

[^4]: *Second Report and Order*, 19 FCC Rcd at 24623-24, para. 23.

[^5]: *Id.* at 24623-24, para. 23.

[^6]: ATA Petition at 1-2.

[^7]: ATA Petition at 6-11.

[^8]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).