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116th Congress }                                              { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                              { 116-350

======================================================================



 
    BROADBAND DEPLOYMENT ACCURACY AND TECHNOLOGICAL AVAILABILITY ACT

                                _______
                                

 December 16, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4229]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 4229) to require the Federal Communications 
Commission to issue rules relating to the collection of data 
with respect to the availability of broadband services, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................8
 II. Background and Need for Legislation..............................9
III. Committee Hearing...............................................11
 IV. Committee Consideration.........................................11
  V. Committee Votes.................................................12
 VI. Oversight Findings..............................................12
VII. New Budget Authority, Entitlement Authority, and Tax Expenditure12
VIII.Federal Mandates Statement......................................12

 IX. Statement of General Performance Goals and Objectives...........12
  X. Duplication of Federal Programs.................................12
 XI. Committee Cost Estimate.........................................12
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....13
XIII.Advisory Committee Statement....................................13

XIV. Applicability to Legislative Branch.............................13
 XV. Section-by-Section Analysis of the Legislation..................13
XVI. Changes in Existing Law Made by the Bill, as Reported...........15

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Broadband Deployment Accuracy and 
Technological Availability Act'' or the ``Broadband DATA Act''.

SEC. 2. BROADBAND DATA.

  The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by 
adding at the end the following:

                      ``TITLE VIII--BROADBAND DATA

``SEC. 801. DEFINITIONS.

  ``In this title:
          ``(1) Broadband internet access service.--The term `broadband 
        internet access service' has the meaning given the term in 
        section 8.1(b) of title 47, Code of Federal Regulations, or any 
        successor regulation.
          ``(2) Broadband map.--The term `Broadband Map' means the map 
        created by the Commission under section 802(c)(1)(A).
          ``(3) Cell edge probability.--The term `cell edge 
        probability' means the likelihood that the minimum threshold 
        download and upload speeds with respect to broadband internet 
        access service will be met or exceeded at a distance from a 
        base station that is intended to indicate the ultimate edge of 
        the coverage area of a cell.
          ``(4) Cell loading.--The term `cell loading' means the 
        percentage of the available air interface resources of a base 
        station that are used by consumers with respect to broadband 
        internet access service.
          ``(5) Clutter.--The term `clutter' means a natural or man-
        made surface feature that affects the propagation of a signal 
        from a base station.
          ``(6) Fabric.--The term `Fabric' means the Broadband 
        Serviceable Location Fabric established under section 
        802(b)(1)(B).
          ``(7) Form 477.--The term `Form 477' means Form 477 of the 
        Commission relating to local telephone competition and 
        broadband reporting.
          ``(8) Indian tribe.--The term `Indian Tribe' has the meaning 
        given the term `Indian tribe' in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
          ``(9) Mobility fund phase ii.--The term `Mobility Fund Phase 
        II' means the second phase of the proceeding to provide 
        universal service support from the Mobility Fund (WC Docket No. 
        10-90; WT Docket No. 10-208).
          ``(10) Propagation model.--The term `propagation model' means 
        a mathematical formulation for the characterization of radio 
        wave propagation as a function of frequency, distance, and 
        other conditions.
          ``(11) Provider.--The term `provider' means a provider of 
        fixed or mobile broadband internet access service.
          ``(12) Quality of service.--The term `quality of service' 
        means information regarding offered download and upload speeds 
        and latency of a provider's broadband internet access service 
        as determined by and to the extent otherwise collected by the 
        Commission.
          ``(13) Shapefile.--The term `shapefile' means a digital 
        storage format containing geospatial or location-based data and 
        attribute information--
                  ``(A) regarding the availability of broadband 
                internet access service; and
                  ``(B) that can be viewed, edited, and mapped in 
                geographic information system software.
          ``(14) Standard broadband installation.--The term `standard 
        broadband installation'--
                  ``(A) means the initiation by a provider of fixed 
                broadband internet access service in an area where the 
                provider has not previously offered that service, with 
                no charges or delays attributable to the extension of 
                the network of the provider; and
                  ``(B) includes the initiation of fixed broadband 
                internet access service through routine installation 
                that can be completed not later than 10 business days 
                after the date on which the service request is 
                submitted.

``SEC. 802. BROADBAND MAPS.

  ``(a) Rules.--
          ``(1) In general.--Not later than 180 days after the date of 
        enactment of this title, the Commission shall issue rules that 
        shall--
                  ``(A) require the collection and dissemination of 
                granular data, as determined by the Commission--
                          ``(i) relating to the availability and 
                        quality of service of terrestrial fixed, fixed 
                        wireless, satellite, and mobile broadband 
                        internet access service; and
                          ``(ii) that the Commission shall use to 
                        compile the maps created under subsection 
                        (c)(1) (referred to in this section as 
                        `coverage maps'), which the Commission shall 
                        make publicly available; and
                  ``(B) establish--
                          ``(i) processes through which the Commission 
                        can verify the accuracy of data submitted under 
                        subsection (b)(2);
                          ``(ii) processes and procedures through which 
                        the Commission, and, as necessary, other 
                        entities or persons submitting non-public or 
                        competitively sensitive information under this 
                        title, can protect the security, privacy, and 
                        confidentiality of such non-public or 
                        competitively sensitive information, 
                        including--
                                  ``(I) information contained in the 
                                Fabric;
                                  ``(II) the dataset created under 
                                subsection (b)(1)(A) supporting the 
                                Fabric; and
                                  ``(III) the data submitted under 
                                subsection (b)(2);
                          ``(iii) the challenge process described in 
                        subsection (b)(5); and
                          ``(iv) the process described in section 
                        803(b).
          ``(2) Other data.--In issuing the rules under paragraph (1), 
        the Commission shall develop a process through which the 
        Commission can collect verified data for use in the coverage 
        maps from--
                  ``(A) State, local, and Tribal governmental entities 
                that are primarily responsible for mapping or tracking 
                broadband internet access service coverage for a State, 
                unit of local government, or Indian Tribe, as 
                applicable;
                  ``(B) third parties, including industry analysis, 
                mapping, or tracking of broadband internet access 
                service coverage and quality of service, if the 
                Commission determines that it is in the public interest 
                to use such data in--
                          ``(i) the development of the coverage maps; 
                        or
                          ``(ii) the verification of data submitted 
                        under subsection (b); and
                  ``(C) other Federal agencies.
          ``(3) Updates.--The Commission shall revise the rules issued 
        under paragraph (1) to--
                  ``(A) reflect changes in technology;
                  ``(B) ensure the accuracy of propagation models, as 
                further provided in subsection (b)(3); and
                  ``(C) improve the usefulness of the coverage maps.
  ``(b) Content of Rules.--
          ``(1) Establishment of a serviceable location fabric 
        regarding fixed broadband.--
                  ``(A) Dataset.--
                          ``(i) In general.--The Commission shall 
                        create a common dataset of all locations in the 
                        United States where fixed broadband internet 
                        access service can be installed, as determined 
                        by the Commission.
                          ``(ii) Contracting.--
                                  ``(I) In general.--Subject to 
                                subclauses (II) and (III), the 
                                Commission may only contract with an 
                                entity with expertise with respect to 
                                geographic information systems 
                                (referred to in this subsection as 
                                `GIS') to create and maintain the 
                                dataset under clause (i).
                                  ``(II) Application of the federal 
                                acquisition regulation.--A contract 
                                into which the Commission enters under 
                                subclause (I) shall in all respects 
                                comply with applicable provisions of 
                                the Federal Acquisition Regulation.
                                  ``(III) Limitations.--With respect to 
                                a contract into which the Commission 
                                enters under subclause (I)--
                                          ``(aa) the entity with which 
                                        the Commission contracts shall 
                                        be selected through a 
                                        competitive bid process that is 
                                        transparent and open;
                                          ``(bb) the contract shall be 
                                        for a term of not longer than 5 
                                        years, after which the 
                                        Commission may enter into a new 
                                        contract--
                                                  ``(AA) with an 
                                                entity, and for the 
                                                purposes, described in 
                                                clause (i); and
                                                  ``(BB) that complies 
                                                with the requirements 
                                                under subclause (II) 
                                                and this subclause; and
                                          ``(cc) the contract shall 
                                        prohibit the entity with which 
                                        the Commission contracts (and 
                                        require such entity to include 
                                        in any contract with any other 
                                        entity with which such entity 
                                        contracts a provision 
                                        prohibiting such other entity) 
                                        from selling, leasing, or 
                                        otherwise disclosing for 
                                        monetary consideration any 
                                        personally identifiable 
                                        information to any entity other 
                                        than for purposes authorized 
                                        under this title.
                  ``(B) Fabric.--The rules issued by the Commission 
                under subsection (a)(1) shall establish the Broadband 
                Serviceable Location Fabric, which shall--
                          ``(i) contain geocoded information for each 
                        location identified under subparagraph (A)(i);
                          ``(ii) serve as the foundation upon which all 
                        data relating to the availability of fixed 
                        broadband internet access service collected 
                        under paragraph (2)(A) shall be reported and 
                        overlaid;
                          ``(iii) be compatible with commonly used GIS 
                        software; and
                          ``(iv) at a minimum, be updated every 6 
                        months by the Commission.
                  ``(C) Implementation priority.--The Commission shall 
                prioritize implementing the Fabric for rural and 
                insular areas of the United States.
          ``(2) Collection of information.--The rules issued by the 
        Commission under subsection (a)(1) shall include uniform 
        standards for the reporting of broadband internet access 
        service data that the Commission shall collect--
                  ``(A) from each provider of terrestrial fixed, fixed 
                wireless, or satellite broadband internet access 
                service, which shall include data that--
                          ``(i) documents the areas where the 
                        provider--
                                  ``(I) has actually built out the 
                                broadband network infrastructure of the 
                                provider such that the provider is able 
                                to provide that service; and
                                  ``(II) could provide that service, as 
                                determined by identifying where the 
                                provider is capable of performing a 
                                standard broadband installation, if 
                                applicable;
                          ``(ii) includes information regarding 
                        download and upload speeds, at various 
                        thresholds established by the Commission, and, 
                        if applicable, latency with respect to 
                        broadband internet access service that the 
                        provider makes available;
                          ``(iii) can be georeferenced to the GIS data 
                        in the Fabric;
                          ``(iv) the provider shall report as--
                                  ``(I) with respect to providers of 
                                fixed wireless broadband internet 
                                access service--
                                          ``(aa) propagation maps and 
                                        propagation model details 
                                        that--
                                                  ``(AA) satisfy 
                                                standards that are 
                                                similar to those 
                                                applicable to providers 
                                                of mobile broadband 
                                                internet access service 
                                                under subparagraph (B) 
                                                with respect to 
                                                propagation maps and 
                                                propagation model 
                                                details, taking into 
                                                account material 
                                                differences between 
                                                fixed wireless and 
                                                mobile broadband 
                                                internet access 
                                                service; and
                                                  ``(BB) reflect the 
                                                speeds and latency of 
                                                the service provided by 
                                                the provider; or
                                          ``(bb) a list of addresses or 
                                        locations that constitute the 
                                        service area of the provider, 
                                        except that the Commission--
                                                  ``(AA) may only 
                                                permit, and not 
                                                require, a provider to 
                                                report the data using 
                                                that means of 
                                                reporting; and
                                                  ``(BB) in the rules 
                                                issued under subsection 
                                                (a)(1), shall provide a 
                                                method for using that 
                                                means of reporting with 
                                                respect to Tribal 
                                                areas; and
                                  ``(II) with respect to providers of 
                                terrestrial fixed and satellite 
                                broadband internet access service--
                                          ``(aa) polygon shapefiles; or
                                          ``(bb) a list of addresses or 
                                        locations that constitute the 
                                        service area of the provider, 
                                        except that the Commission--
                                                  ``(AA) may only 
                                                permit, and not 
                                                require, a provider to 
                                                report the data using 
                                                that means of 
                                                reporting; and
                                                  ``(BB) in the rules 
                                                issued under subsection 
                                                (a)(1), shall provide a 
                                                method for using that 
                                                means of reporting with 
                                                respect to Tribal 
                                                areas; and
                          ``(v) the Commission determines is 
                        appropriate with respect to certain 
                        technologies in order to ensure that the 
                        Broadband Map is granular and accurate; and
                  ``(B) from each provider of mobile broadband internet 
                access service, which shall include propagation maps, 
                and propagation model details, that indicate the 
                current (as of the date on which the information is 
                collected) fourth generation Long-Term Evolution 
                (commonly referred to as `4G LTE') mobile broadband 
                internet access service coverage of the provider, which 
                shall--
                          ``(i) take into consideration the effect of 
                        clutter; and
                          ``(ii) satisfy--
                                  ``(I) the requirements of having--
                                          ``(aa) a download speed of 
                                        not less than 5 megabits per 
                                        second and an upload speed of 
                                        not less than 1 megabit per 
                                        second with a cell edge 
                                        probability of not less than 90 
                                        percent; and
                                          ``(bb) cell loading of not 
                                        less than 50 percent; and
                                  ``(II) any other parameter that the 
                                Commission determines to be necessary 
                                to create a map under subsection 
                                (c)(1)(C) that is more precise than the 
                                map produced as a result of the 
                                submissions under the Mobility Fund 
                                Phase II information collection.
          ``(3) Update of reporting standards for mobile broadband 
        internet access service.--For the purposes of paragraph (2)(B), 
        if the Commission determines that the reporting standards under 
        that paragraph are insufficient to collect accurate propagation 
        maps and propagation model details with respect to future 
        generations of mobile broadband internet access service 
        technologies, the Commission shall immediately commence a 
        rulemaking to adopt new reporting standards with respect to 
        those technologies that--
                  ``(A) shall be the functional equivalent of the 
                standards required under paragraph (2)(B); and
                  ``(B) allow for the collection of propagation maps 
                and propagation model details that are as accurate and 
                granular as, or more accurate and granular than, the 
                maps and model details collected by the Commission 
                under paragraph (2)(B).
          ``(4) Certification and verification.--With respect to a 
        provider that submits information to the Commission under 
        paragraph (2)--
                  ``(A) the provider shall include in each submission a 
                certification from a corporate officer of the provider 
                that the officer has examined the information contained 
                in the submission and that, to the best of the 
                officer's actual knowledge, information, and belief, 
                all statements of fact contained in the submission are 
                true and correct; and
                  ``(B) the Commission shall verify the accuracy and 
                reliability of the information in accordance with 
                measures established by the Commission.
          ``(5) Challenge process.--
                  ``(A) In general.--In the rules issued under 
                subsection (a)(1), and subject to subparagraph (B), the 
                Commission shall establish a user-friendly challenge 
                process through which consumers, State, local, and 
                Tribal governmental entities, and other entities or 
                persons may submit coverage data to the Commission to 
                challenge the accuracy of--
                          ``(i) the coverage maps;
                          ``(ii) any information submitted by a 
                        provider regarding the availability of 
                        broadband internet access service; or
                          ``(iii) the information included in the 
                        Fabric.
                  ``(B) Considerations; verification; response to 
                challenges.--In establishing the challenge process 
                required under subparagraph (A), the Commission shall--
                          ``(i) consider--
                                  ``(I) the types of information that 
                                an entity or person submitting a 
                                challenge should provide to the 
                                Commission in support of the challenge;
                                  ``(II) the appropriate level of 
                                granularity for the information 
                                described in subclause (I);
                                  ``(III) the need to mitigate the time 
                                and expense incurred by, and the 
                                administrative burdens placed on, 
                                entities or persons in--
                                          ``(aa) challenging the 
                                        accuracy of a coverage map; and
                                          ``(bb) responding to 
                                        challenges described in item 
                                        (aa);
                                  ``(IV) the costs to consumers and 
                                providers resulting from a 
                                misallocation of funds because of a 
                                reliance on outdated or otherwise 
                                inaccurate information in the coverage 
                                maps;
                                  ``(V) any lessons learned from the 
                                challenge process established under 
                                Mobility Fund Phase II, as determined 
                                from comments solicited by the 
                                Commission; and
                                  ``(VI) the need for user-friendly 
                                challenge submission formats that will 
                                promote participation in the challenge 
                                process;
                          ``(ii) include a process for verifying the 
                        data submitted through the challenge process in 
                        order to ensure the reliability of that data;
                          ``(iii) allow providers to respond to 
                        challenges submitted through the challenge 
                        process; and
                          ``(iv) develop an online mechanism, which--
                                  ``(I) shall be integrated into the 
                                coverage maps;
                                  ``(II) allows for an entity or person 
                                described in subparagraph (A) to submit 
                                a challenge under the challenge 
                                process;
                                  ``(III) makes challenge data 
                                available in both geographic 
                                information system and non-geographic 
                                information system formats; and
                                  ``(IV) clearly identifies the areas 
                                in which broadband internet access 
                                service is available, and the upload 
                                and download speeds at which that 
                                service is available, as reported to 
                                the Commission under this section.
                  ``(C) Use of challenges.--The rules issued to 
                establish the challenge process under subparagraph (A) 
                shall include--
                          ``(i) a process for the speedy resolution of 
                        challenges; and
                          ``(ii) a process for the regular and 
                        expeditious updating of the coverage maps and 
                        granular data the Commission disseminates as 
                        challenges are resolved.
                  ``(D) Automation tool.--Not earlier than 1 year 
                after, and not later than 18 months after, the rules 
                issued under subsection (a)(1) are implemented, the 
                Commission shall, after an opportunity for notice and 
                comment, submit to the Committee on Energy and Commerce 
                of the House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the Senate a 
                report that--
                          ``(i) evaluates the challenge process; and
                          ``(ii) considers whether the Commission 
                        should amend its rules to create an automated 
                        tool that includes predictive capabilities to 
                        identify potential inaccuracies and features 
                        that allow a provider of broadband internet 
                        access service, the Commission, and the public 
                        to visualize the data relating to broadband 
                        internet access service that the provider 
                        reports in order to improve the accuracy of the 
                        data submitted by the provider.
          ``(6) Reform of form 477 process.--
                  ``(A) In general.--Not later than 180 days after the 
                date on which the rules issued under subsection (a)(1) 
                take effect, the Commission shall--
                          ``(i) reform the Form 477 broadband 
                        deployment service availability collection 
                        process of the Commission to achieve the 
                        purposes of this title and in a manner that 
                        enables the comparison of data and maps 
                        produced before the implementation of this 
                        title with data and coverage maps produced 
                        after the implementation of this title and 
                        maintains the public availability of broadband 
                        deployment service availability data; and
                          ``(ii) harmonize reporting requirements and 
                        procedures regarding the deployment of 
                        broadband internet access service that, as of 
                        the date on which the rules issued under 
                        subsection (a)(1) take effect, are in effect.
                  ``(B) Continued collection and reporting.--On and 
                after the date on which the Commission carries out 
                subparagraph (A), the Commission shall continue to 
                collect and publicly report subscription data that the 
                Commission collected through the Form 477 broadband 
                deployment service availability collection process, as 
                in effect on July 1, 2019.
  ``(c) Maps.--The Commission shall--
          ``(1) after consulting with the Federal Geographic Data 
        Committee established by section 753(a) of the Geospatial Data 
        Act of 2018 (43 U.S.C. 2802(a)), create--
                  ``(A) the Broadband Map, which shall depict--
                          ``(i) the extent of the availability of 
                        broadband internet access service in the United 
                        States, without regard to whether that service 
                        is fixed broadband internet access service or 
                        mobile broadband internet access service, which 
                        shall be based on data collected by the 
                        Commission from all providers; and
                          ``(ii) the areas of the United States that 
                        remain unserved by providers;
                  ``(B) a map that depicts the availability of fixed 
                broadband internet access service, which shall be based 
                on data collected by the Commission from providers 
                under subsection (b)(2)(A); and
                  ``(C) a map that depicts the availability of mobile 
                broadband internet access service, which shall be based 
                on data collected by the Commission from providers 
                under subsection (b)(2)(B);
          ``(2) use the maps created under paragraph (1)--
                  ``(A) to determine the areas in which terrestrial 
                fixed, fixed wireless, mobile, and satellite broadband 
                internet access service is and is not available; and
                  ``(B) when making any new award of funding with 
                respect to the deployment of broadband internet access 
                service;
          ``(3) update the maps created under paragraph (1) not less 
        frequently than biannually using the most recent data collected 
        from providers under subsection (b)(2);
          ``(4) make available to all Federal agencies, upon request, 
        the maps created under paragraph (1);
          ``(5) establish a process to make the data collected under 
        subsection (b)(2) available to the National Telecommunications 
        and Information Administration; and
          ``(6) make public at an appropriate level of granularity--
                  ``(A) the maps created under paragraph (1); and
                  ``(B) the data collected by the Commission with 
                respect to broadband internet access service 
                availability and quality of service.
  ``(d) Delayed Effective Date of Quality of Service Rules.--Any 
requirement of a rule relating to quality of service issued under 
subsection (a)(1) shall take effect not earlier than the date that is 
180 days after the date on which the Commission issues such rule.

``SEC. 803. IMPROVING DATA ACCURACY.

  ``(a) Audits.--The Commission shall conduct regular audits of 
information submitted to the Commission by providers under section 
802(b)(2) to ensure that the providers are complying with this title.
  ``(b) Crowdsourcing.--
          ``(1) In general.--The Commission shall--
                  ``(A) develop a process through which entities or 
                persons in the United States may submit specific 
                information about the deployment and availability of 
                broadband internet access service in the United States 
                on an ongoing basis so that the information may be used 
                to verify and supplement information provided by 
                providers of broadband internet access service for 
                inclusion in the maps created under section 802(c)(1); 
                and
                  ``(B) update the maps created under section 802(c)(1) 
                on no less than an annual cycle based on the 
                information received through such process.
          ``(2) Collaboration.--As part of the efforts of the 
        Commission to facilitate the ability of entities or persons to 
        submit information under paragraph (1), the Commission shall--
                  ``(A) prioritize the consideration of data provided 
                by data collection applications used by consumers that 
                the Commission has determined--
                          ``(i) are highly reliable; and
                          ``(ii) have proven methodologies for 
                        determining network coverage and network 
                        performance; and
                  ``(B) coordinate with the Postmaster General, or the 
                heads of other Federal agencies that operate delivery 
                fleet vehicles, to facilitate the submission of 
                specific information by the United States Postal 
                Service or such other agencies under paragraph (1).
  ``(c) Technical Assistance to Indian Tribes.--
          ``(1) In general.--Subject to paragraph (2), the Commission 
        shall hold annual workshops for Tribal governments to provide 
        technical assistance with the collection and submission of data 
        under section 802(a)(2)(A).
          ``(2) Annual review.--Each year, the Commission, in 
        consultation with Indian Tribes, shall review the need for 
        continued workshops required under paragraph (1).
  ``(d) Technical Assistance to Small Service Providers.--The 
Commission shall establish a process through which a provider that has 
fewer than 100,000 active broadband internet access service connections 
may request and receive assistance from the Commission with respect to 
geographic information system data processing to ensure that the 
provider is able to comply with the rules issued under section 
802(a)(1) in a timely and accurate manner.
  ``(e) GAO Assessment of Fabric Source Data.--
          ``(1) Assessment.--The Comptroller General of the United 
        States shall conduct an assessment of key data sources that are 
        used for purposes of the Fabric to identify and geocode 
        locations where fixed broadband internet access service can be 
        installed, in order to develop recommendations for how the 
        quality and completeness of such data sources can be improved 
        as data sources for the Fabric. Data sources to be assessed 
        shall include any sources of relevant Federal data, including 
        the National Address Database administered by the Department of 
        Transportation, State- and county-level digitized parcel data, 
        and property tax record tax attribute recording.
          ``(2) Report.--Not later than 1 year after the date of the 
        enactment of this title, the Comptroller General shall submit 
        to the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing the 
        recommendations developed in the assessment under paragraph 
        (1).
  ``(f) Technical Assistance to Consumers and State, Local, and Tribal 
Governmental Entities.--The Commission shall provide technical 
assistance to consumers and State, local, and Tribal governmental 
entities with respect to the challenge process established under 
section 802(b)(5), which shall include--
          ``(1) detailed tutorials and webinars; and
          ``(2) making available staff of the Commission to provide 
        assistance, as needed, throughout the entirety of the challenge 
        process.

``SEC. 804. COST.

  ``(a) Limitation.--The Commission may not use funds from the 
universal service programs of the Commission established under section 
254, and the regulations issued under that section, to carry out this 
title.
  ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commission to carry out this title--
          ``(1) $25,000,000 for fiscal year 2021; and
          ``(2) $9,000,000 for each of the fiscal years 2022 through 
        2028.

``SEC. 805. OTHER PROVISIONS.

  ``(a) OMB.--Notwithstanding any other provision of law, the initial 
rulemaking required under section 802(a)(1) shall be exempt from review 
by the Office of Management and Budget.
  ``(b) PRA.--Chapter 35 of title 44, United States Code (commonly 
known as the `Paperwork Reduction Act') shall not apply to the initial 
rulemaking required under section 802(a)(1).
  ``(c) Execution of Responsibilities.--Except, with respect to an 
entity that is not the Universal Service Administrative Company, as 
provided in sections 802(a)(2)(B), 802(b)(1)(A)(ii), and 803(d), the 
Commission--
          ``(1) including the offices of the Commission, shall carry 
        out the responsibilities assigned to the Commission under this 
        title; and
          ``(2) may not delegate any of the responsibilities assigned 
        to the Commission under this title to any third party, 
        including the Universal Service Administrative Company.
  ``(d) Reporting.--Each fiscal year, the Commission shall submit to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives a report that summarizes the implementation of this 
title and associated enforcement activities conducted during the 
previous fiscal year.''.

                         I. Purpose and Summary

    H.R. 4229, the ``Broadband Deployment Accuracy and 
Technological Availability Act'' or ``the Broadband DATA Act'', 
was introduced on September 6, 2019, by Reps. Loebsack (D-IA), 
Latta (R-OH), McEachin (D-VA), and Long (R-MO), and referred to 
the Committee on Energy and Commerce. In order to dramatically 
reform the Nation's problematic broadband deployment maps, H.R. 
4229 would require the Federal Communications Commission (FCC 
or Commission) to issue new rules to require the collection and 
dissemination of granular broadband availability data. It would 
also require the FCC to establish a process to verify the 
accuracy of such data, including by using data submitted by 
other government entities or the public. In addition, it would 
require the FCC to use this data to create coverage maps based 
on a serviceable location fabric of all locations that could 
receive fixed broadband service, and it would require the FCC 
to create a separate coverage map for mobile broadband.

                II. Background and Need for Legislation

    The FCC began collecting subscription and connection data 
for broadband and telephone service using Form 477 in 2000.\1\ 
Since then, these data have become the primary source for many 
FCC actions, including its publication of statutorily mandated 
reports to Congress regarding competition among certain service 
providers, and the availability of advanced communications 
capability.\2\ The FCC also has used these data to update its 
universal service policies, including by excluding certain 
areas from receiving support.\3\ Notably, the FCC collects Form 
477 data for both fixed and mobile broadband.\4\
---------------------------------------------------------------------------
    \1\See Federal Communications Commission, Establishing the Digital 
Opportunity Data Collection, Modernizing the FCC Form 477 Data Program, 
Report and Order and Second Notice of Proposed Rulemaking, WC Docket 
No. 19-195 and WC Docket No. 11-10, at para.5 (rel. Aug. 6, 2019) 
(hereinafter ``FCC Broadband Mapping Order'').
    \2\Id.
    \3\Id. at para.8.
    \4\Id. at para.2.
---------------------------------------------------------------------------
    Through Form 477, historically, the FCC has required fixed 
broadband providers to identify the census blocks in which 
fixed broadband service is available.\5\ The FCC has defined 
``availability'' as whether the provider does--or could within 
a typical service interval or without an extraordinary 
commitment of resources--provide service to a single end user 
in a given census block.\6\ As a result, if even a provider 
could serve a single area in a census block, the FCC has 
counted the entire census block as being served.\7\ According 
to the Census Bureau, in ``a city, a census block looks like a 
city block bounded on all sides by streets[,] . . . but [i]n 
remote areas, census blocks may encompass hundreds of square 
miles.''\8\
---------------------------------------------------------------------------
    \5\Id. at para.8.
    \6\Id. at para.13.
    \7\Government Accountability Office, Broadband Internet: FCC's Data 
Overstate Access on Tribal Lands, Report to Congressional Requesters 
(Sept. 2018) (``GAO Broadband Internet Report''), at 17, www.gao.gov/
assets/700/694386.pdf.
    \8\United States Census Bureau, What Are Census Blocks?, Census 
Blogs (Jul. 11, 2011), www.census.gov/newsroom/blogs/random-samplings/
2011/07/what-are-census-blocks.html.
---------------------------------------------------------------------------
    In a 2018 report, the Government Accountability Office 
(GAO) found that the FCC's fixed broadband availability 
methodology overestimates broadband deployment by ``counting an 
entire census block as served if only one location has 
broadband.''\9\ GAO also found the FCC data overstated 
deployment by ``allowing providers to report availability in 
blocks where they do not have any infrastructure connecting 
homes to their networks if the providers determine they could 
offer service to at least one household.''\10\
---------------------------------------------------------------------------
    \9\GAO Broadband Internet Report at 17.
    \10\Id.
---------------------------------------------------------------------------
    For mobile broadband service, the FCC's Form 477 requires 
providers to report their coverage areas by submitting maps 
depicting where consumers can expect to receive the minimum 
advertised services.\11\ In imposing this requirement, the FCC 
does not require providers to use a standardized method with 
defined technical parameters when determining their coverage 
areas.\12\ As a result, according to the FCC, its mobile 
broadband data cannot be compared across providers.\13\ To 
improve the accuracy and usefulness of the mobile broadband 
data that the FCC collects, Congress included a version of H.R. 
1546, the Rural Wireless Access Act, introduced by Reps. 
Loebsack (D-IA) and Costello (R-PA), in section 505 of the 
Consolidated Appropriations Act, 2018.\14\ That law requires 
the FCC to establish a methodology for collecting mobile 
coverage data within 180 days of the conclusion of the Mobility 
Fund Phase II Auction.\15\
---------------------------------------------------------------------------
    \11\FCC Form 477 Instructions at 24, https://transition.fcc.gov/
form477/477inst.pdf.
    \12\GAO Broadband Internet Report at 15.
    \13\Id.
    \14\RAY BAUM'S Act, Pub. L. No. 115-141, Sec. 505 (2018).
    \15\Id.
---------------------------------------------------------------------------
    In December of 2018, the FCC opened an investigation into 
whether one or more major carriers violated the Mobility Fund 
Phase II reverse auction's mapping rules.\16\ The Mobility Fund 
Phase II Auction would allocate up to $4.53 billion over 10 
years to advance high-speed mobile broadband service in rural 
areas.\17\ That auction contemplated a mobile data collection 
separate and apart from Form 477.\18\ As a result of the FCC's 
investigation, however, the Mobility Fund II auction remains 
delayed, and the FCC has yet to implement the requirements of 
the Rural Wireless Access Act.\19\
---------------------------------------------------------------------------
    \16\Federal Communications Commission, FCC Launches Investigation 
into Potential Violations of Mobility Fund Phase II Mapping Rules, 
Press Release (Dec. 7, 2018).
    \17\Id.
    \18\Id.
    \19\Id.
---------------------------------------------------------------------------
    In August of 2019, the FCC adopted a report and order that 
will require fixed broadband providers to submit new maps of 
the areas in which their services are available.\20\ As part of 
this new data collection, the FCC will require providers to 
submit data using shapefiles--or polygons--rather than on a 
census block basis, as was previously required.\21\ This new 
collection is similar to the FCC's Form 477 data in that it 
will allow providers to submit availability data based on where 
a provider has a current connection or ``could provide such a 
connection within ten business days of a customer 
request.''\22\ As part of its report and order, the FCC also 
required the Universal Service Administrative Company (USAC) to 
create an online portal for ``local, state, and tribal 
governmental entities and members of the public to review and 
dispute the broadband coverage polygons filed by fixed 
providers.''\23\ The order leaves the current Form 477 system 
in place, but requests comment on whether the FCC should sunset 
some or all of the Form 477 collection.\24\ Notably, the FCC 
did not apply this new collection to the mobile broadband 
providers, only to fixed providers.\25\
---------------------------------------------------------------------------
    \20\FCC Broadband Mapping Order at para.10.
    \21\Id. at para.11.
    \22\FCC Form 477 Instructions at 24, https://transition.fcc.gov/
form477/477inst.pdf.
    \23\FCC Broadband Mapping Order at para.11.
    \24\Id.
    \25\Id. para.2.
---------------------------------------------------------------------------
    Beyond the new data collection, the FCC made several 
adjustments to the existing Form 477 process. The FCC described 
these changes as reducing ``the burden on service providers 
required to submit the form.'' As part of that, the FCC chose 
to no longer ``treat as confidential service providers' minimum 
advertised or expected speed data for mobile broadband 
services.''
    Separate from its report and order, the FCC asked 
additional questions about whether it should require more 
granular data for fixed providers, how to account for satellite 
providers, how to improve mobile broadband coverage data, and 
how to better incorporate public feedback in the data 
collection process, among other things.

                         III. Committee Hearing

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 4229:
    The Subcommittee on Communications and Technology held a 
legislative hearing on September 11, 2019, entitled 
``Legislating to Connect America: Improving the Nation's 
Broadband Maps.'' The Subcommittee received testimony from the 
following witnesses:
           James M. Assey, Executive Vice President, 
        NCTA--The Internet & Television Association;
           Shirley Bloomfield, Chief Executive Officer, 
        NTCA--The Rural Broadband Association;
           Dana J. Floberg, Policy Manager, Free Press 
        & Free Press Action;
           Jonathan Spalter, President and CEO, US 
        Telecom Association;
           Grant Spellmeyer, Vice President, Federal 
        Affairs & Public Policy, U.S. Cellular; and
           James W. Stegeman, President/CEO, CostQuest 
        Associates.

                      IV. Committee Consideration

    H.R. 4229, the ``Broadband Deployment Accuracy and 
Technological Availability Act'' or ``the Broadband DATA Act'', 
was introduced on September 6, 2019, by Reps. Loebsack (D-IA), 
Latta (R-OH), McEachin (D-VA), and Long (R-MO), and referred to 
the Committee on Energy and Commerce. The bill was subsequently 
referred to the Subcommittee on Communications and Technology 
on September 7, 2019. Following a legislative hearing, on 
November 14, 2019, the Subcommittee met in open markup session, 
pursuant to notice, for consideration of H.R. 4229. During the 
bill's consideration, an amendment in the nature of a 
substitute (AINS) was offered by Mr. Loebsack. An amendment to 
the Loebsack AINS was offered by Mr. O'Halleran (D-AZ) and 
others and was adopted by a voice vote. Afterwards, the 
Loebsack AINS was agreed to, amended by the O'Halleran 
amendment, by a voice vote. Subsequently, the Subcommittee on 
Communications and Technology agreed to a motion by Mr. Doyle, 
Chairman of the subcommittee, to forward favorably H.R. 4229, 
amended, to the full Committee.
    On November 20, 2019, the full Committee on Energy and 
Commerce met in open markup session, pursuant to notice, to 
consider H.R. 4229. During consideration, Ms. Eshoo (D-CA) 
offered an amendment that was adopted by a voice vote. At the 
conclusion of markup of the bill, the Committee on Energy and 
Commerce agreed to a motion by Mr. Pallone, Chairman of the 
committee, to order H.R. 4229 reported favorably to the House, 
amended, by a voice vote, a quorum being present.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
4229, including the motion for final passage of the bill.

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to create 
an accurate and granular map to depict the availability of 
fixed and mobile broadband.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 4229 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

               XII. Earmarks, Limited Tax Benefits, and 
                        Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4229 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    The legislation does not create any new Federal advisory 
committee within the meaning of section 5(b) of the Federal 
Advisory Committee Act.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Broadband Deployment Accuracy and Technological 
Availability Act'' or the ``Broadband DATA Act''.

Sec. 2. Broadband

    This section creates a new Title VIII of the Communications 
Act of 1934, as amended, and inserts five new sections in Title 
VIII.
    Newly created section 801 defines multiple terms used 
throughout new Title VIII, including ``Broadband Internet 
Access Service'', ``Broadband Map'', ``Cell Edge Probability'', 
``Cell Loading'', and ``Clutter'', among others. Importantly, 
this section includes a definition of quality of service that 
includes offered download and upload speeds and latency, as 
determined by and otherwise collected by the Commission.
    Newly created section 802 requires the FCC to issue rules 
that would improve its process for mapping where broadband is 
and is not reasonably offered.
    Subsection (a) of this section requires the FCC to collect 
and disseminate granular broadband data including that related 
to the availability and quality of service of broadband. The 
Commission is also required to publicly issue broadband 
coverage maps to depict where such service is available. The 
process of creating this map must also be augmented by 
additional data to help improve the accuracy of the broadband 
maps.
    Subsection (b)(1) specifies that the Commission shall 
create a common data set of all locations within the United 
States that are or could be served with broadband service. This 
section further specifies some parameters with which the FCC 
must comply if the Commission chooses to contract out the 
creation of such a data set. This data set, or fabric, must 
serve as the bases for the fixed broadband maps required under 
the bill. The bill directs the FCC to prioritize implementing 
the fabric for rural and insular areas of the United States 
before implementing the fabric for urban and suburban areas of 
the United States. This is intended to focus initial 
implementation on high-cost, unserved parts of the country that 
would be eligible for federal universal service high-cost 
support, where supplemental information about serviceable 
locations could be most relevant and useful.
    Subsection (b)(2) goes on to further require that the FCC 
create uniform standards for the reporting of broadband 
internet access service data for fixed broadband service that 
includes both where a provider provides service and where a 
provider could provide service. These data shall also include 
information regarding upload speed, download speed, and latency 
at different thresholds, if applicable. These reporting 
standards should apply to all broadband serviceable locations, 
including residences, businesses, and community anchor 
institutions. The Committee expects that data required to be 
reported under this provision be sufficiently granular to allow 
the Commission and the public to determine where infrastructure 
has been deployed by providers to serve consumers. It is not 
the Committee's intent, however, to require providers who 
purchase or lease network facilities or services, given the 
nature of their service, to be required to publicly disclose 
competitively sensitive material as part of meeting the 
requirements of this subsection.
    Subsection (b)(2)(A)(iv)(I)(bb)(AA) and subsection 
(b)(2)(A)(iv)(II)(bb)(AA) specify that the Commission must give 
providers the option of either reporting these data using, at a 
minimum, propagation maps or shapefiles (depending on the 
nature of the service) or using a list of addresses. The 
Commission shall make either option of reporting available--but 
the Commission cannot as part of the mapping process described 
in this subsection--require providers to solely report their 
data based on a list of addresses.
    Subsection (b)(2)(B) requires the Commission to collect 
consistently reported data regarding mobile broadband coverage 
that takes into consideration the effect of clutter and uses 
specific metrics for cell edge probability and cell loading, as 
defined in new section 801. This provision also gives the 
commission the authority to use other parameters that the 
Commission determines to be necessary to create a map that is 
more precise than that created as part of the Mobility Fund 
Phase II information collection.
    Subsection (b)(5) requires the FCC to establish an on-going 
user-friendly challenge process to ensure that data collected 
is accurate. Within 18 months of the rules required under this 
Act being enacted, the Commission must report to Congress 
regarding the challenge process's effectiveness and whether an 
automated tool is necessary to improve such process.
    Subsection (b)(6) requires the FCC to reform the Form 477 
process to enable the comparison of future collected to past 
reported data while also harmonizing the reporting requirements 
among the differing data collections.
    Subsection (c) requires the FCC to publish separate 
broadband maps displaying both mobile and fixed broadband 
coverage and to update those maps at least biannually and to 
make these maps publicly available.
    Newly created section 803 instructs the FCC to take steps 
through crowdsourcing to improve the accuracy of the broadband 
maps created under section 803, including by coordinating with 
the Postmaster General, or other Federal agencies that operate 
a delivery fleet, to improve the accuracy of the maps.
    Subsection (c), (d), and (f) of section 803 requires the 
FCC to offer specific technical assistance to tribes, small 
providers, and States and local governments to help them 
participate in the process under section 802.
    Newly created section 804 prohibits the FCC from using the 
universal service fund to construct the maps and sets annual 
authorization amounts for the process outlined in new title 
VIII. This section also authorizes $25,000,000 in Fiscal Year 
(FY) 2021, and $9,000,000 in each of FY 2022 through FY 2028 
for the creation of the broadband serviceable location fabric. 
The Committee expects the Commission to create the fabric, and 
the coverage maps from the fabric, as expeditiously as 
possible, consistent with the Committee's long-term goal of 
eventually creating a fabric built on open-source information. 
The Committee further expects the fabric to be created in a 
timely manner to be considered during future Universal Service 
Funding opportunities.
    Newly created section 805 exempts the program from several 
administrative requirements to expedite the process and 
specifies that the Universal Service Administrative Company, or 
similarly entity, may not discharge the responsibilities of the 
Commission within this new title. The Committee does not 
intend, however, to prohibit third-parties from carrying out 
functions described in newly created section 802(a)(2)(B) or 
newly created section 803(d).

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                       COMMUNICATIONS ACT OF 1934



           *       *       *       *       *       *       *
                       TITLE VIII--BROADBAND DATA

SEC. 801. DEFINITIONS.

  In this title:
          (1) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning 
        given the term in section 8.1(b) of title 47, Code of 
        Federal Regulations, or any successor regulation.
          (2) Broadband map.--The term ``Broadband Map'' means 
        the map created by the Commission under section 
        802(c)(1)(A).
          (3) Cell edge probability.--The term ``cell edge 
        probability'' means the likelihood that the minimum 
        threshold download and upload speeds with respect to 
        broadband internet access service will be met or 
        exceeded at a distance from a base station that is 
        intended to indicate the ultimate edge of the coverage 
        area of a cell.
          (4) Cell loading.--The term ``cell loading'' means 
        the percentage of the available air interface resources 
        of a base station that are used by consumers with 
        respect to broadband internet access service.
          (5) Clutter.--The term ``clutter'' means a natural or 
        man-made surface feature that affects the propagation 
        of a signal from a base station.
          (6) Fabric.--The term ``Fabric'' means the Broadband 
        Serviceable Location Fabric established under section 
        802(b)(1)(B).
          (7) Form 477.--The term ``Form 477'' means Form 477 
        of the Commission relating to local telephone 
        competition and broadband reporting.
          (8) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of 
        the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 5304).
          (9) Mobility fund phase ii.--The term ``Mobility Fund 
        Phase II'' means the second phase of the proceeding to 
        provide universal service support from the Mobility 
        Fund (WC Docket No. 10-90; WT Docket No. 10-208).
          (10) Propagation model.--The term ``propagation 
        model'' means a mathematical formulation for the 
        characterization of radio wave propagation as a 
        function of frequency, distance, and other conditions.
          (11) Provider.--The term ``provider'' means a 
        provider of fixed or mobile broadband internet access 
        service.
          (12) Quality of service.--The term ``quality of 
        service'' means information regarding offered download 
        and upload speeds and latency of a provider's broadband 
        internet access service as determined by and to the 
        extent otherwise collected by the Commission.
          (13) Shapefile.--The term ``shapefile'' means a 
        digital storage format containing geospatial or 
        location-based data and attribute information--
                  (A) regarding the availability of broadband 
                internet access service; and
                  (B) that can be viewed, edited, and mapped in 
                geographic information system software.
          (14) Standard broadband installation.--The term 
        ``standard broadband installation''--
                  (A) means the initiation by a provider of 
                fixed broadband internet access service in an 
                area where the provider has not previously 
                offered that service, with no charges or delays 
                attributable to the extension of the network of 
                the provider; and
                  (B) includes the initiation of fixed 
                broadband internet access service through 
                routine installation that can be completed not 
                later than 10 business days after the date on 
                which the service request is submitted.

SEC. 802. BROADBAND MAPS.

  (a) Rules.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this title, the Commission shall 
        issue rules that shall--
                  (A) require the collection and dissemination 
                of granular data, as determined by the 
                Commission--
                          (i) relating to the availability and 
                        quality of service of terrestrial 
                        fixed, fixed wireless, satellite, and 
                        mobile broadband internet access 
                        service; and
                          (ii) that the Commission shall use to 
                        compile the maps created under 
                        subsection (c)(1) (referred to in this 
                        section as ``coverage maps''), which 
                        the Commission shall make publicly 
                        available; and
                  (B) establish--
                          (i) processes through which the 
                        Commission can verify the accuracy of 
                        data submitted under subsection (b)(2);
                          (ii) processes and procedures through 
                        which the Commission, and, as 
                        necessary, other entities or persons 
                        submitting non-public or competitively 
                        sensitive information under this title, 
                        can protect the security, privacy, and 
                        confidentiality of such non-public or 
                        competitively sensitive information, 
                        including--
                                  (I) information contained in 
                                the Fabric;
                                  (II) the dataset created 
                                under subsection (b)(1)(A) 
                                supporting the Fabric; and
                                  (III) the data submitted 
                                under subsection (b)(2);
                          (iii) the challenge process described 
                        in subsection (b)(5); and
                          (iv) the process described in section 
                        803(b).
          (2) Other data.--In issuing the rules under paragraph 
        (1), the Commission shall develop a process through 
        which the Commission can collect verified data for use 
        in the coverage maps from--
                  (A) State, local, and Tribal governmental 
                entities that are primarily responsible for 
                mapping or tracking broadband internet access 
                service coverage for a State, unit of local 
                government, or Indian Tribe, as applicable;
                  (B) third parties, including industry 
                analysis, mapping, or tracking of broadband 
                internet access service coverage and quality of 
                service, if the Commission determines that it 
                is in the public interest to use such data in--
                          (i) the development of the coverage 
                        maps; or
                          (ii) the verification of data 
                        submitted under subsection (b); and
                  (C) other Federal agencies.
          (3) Updates.--The Commission shall revise the rules 
        issued under paragraph (1) to--
                  (A) reflect changes in technology;
                  (B) ensure the accuracy of propagation 
                models, as further provided in subsection 
                (b)(3); and
                  (C) improve the usefulness of the coverage 
                maps.
  (b) Content of Rules.--
          (1) Establishment of a serviceable location fabric 
        regarding fixed broadband.--
                  (A) Dataset.--
                          (i) In general.--The Commission shall 
                        create a common dataset of all 
                        locations in the United States where 
                        fixed broadband internet access service 
                        can be installed, as determined by the 
                        Commission.
                          (ii) Contracting.--
                                  (I) In general.--Subject to 
                                subclauses (II) and (III), the 
                                Commission may only contract 
                                with an entity with expertise 
                                with respect to geographic 
                                information systems (referred 
                                to in this subsection as 
                                ``GIS'') to create and maintain 
                                the dataset under clause (i).
                                  (II) Application of the 
                                federal acquisition 
                                regulation.--A contract into 
                                which the Commission enters 
                                under subclause (I) shall in 
                                all respects comply with 
                                applicable provisions of the 
                                Federal Acquisition Regulation.
                                  (III) Limitations.--With 
                                respect to a contract into 
                                which the Commission enters 
                                under subclause (I)--
                                          (aa) the entity with 
                                        which the Commission 
                                        contracts shall be 
                                        selected through a 
                                        competitive bid process 
                                        that is transparent and 
                                        open;
                                          (bb) the contract 
                                        shall be for a term of 
                                        not longer than 5 
                                        years, after which the 
                                        Commission may enter 
                                        into a new contract--
                                                  (AA) with an 
                                                entity, and for 
                                                the purposes, 
                                                described in 
                                                clause (i); and
                                                  (BB) that 
                                                complies with 
                                                the 
                                                requirements 
                                                under subclause 
                                                (II) and this 
                                                subclause; and
                                          (cc) the contract 
                                        shall prohibit the 
                                        entity with which the 
                                        Commission contracts 
                                        (and require such 
                                        entity to include in 
                                        any contract with any 
                                        other entity with which 
                                        such entity contracts a 
                                        provision prohibiting 
                                        such other entity) from 
                                        selling, leasing, or 
                                        otherwise disclosing 
                                        for monetary 
                                        consideration any 
                                        personally identifiable 
                                        information to any 
                                        entity other than for 
                                        purposes authorized 
                                        under this title.
                  (B) Fabric.--The rules issued by the 
                Commission under subsection (a)(1) shall 
                establish the Broadband Serviceable Location 
                Fabric, which shall--
                          (i) contain geocoded information for 
                        each location identified under 
                        subparagraph (A)(i);
                          (ii) serve as the foundation upon 
                        which all data relating to the 
                        availability of fixed broadband 
                        internet access service collected under 
                        paragraph (2)(A) shall be reported and 
                        overlaid;
                          (iii) be compatible with commonly 
                        used GIS software; and
                          (iv) at a minimum, be updated every 6 
                        months by the Commission.
                  (C) Implementation priority.--The Commission 
                shall prioritize implementing the Fabric for 
                rural and insular areas of the United States.
          (2) Collection of information.--The rules issued by 
        the Commission under subsection (a)(1) shall include 
        uniform standards for the reporting of broadband 
        internet access service data that the Commission shall 
        collect--
                  (A) from each provider of terrestrial fixed, 
                fixed wireless, or satellite broadband internet 
                access service, which shall include data that--
                          (i) documents the areas where the 
                        provider--
                                  (I) has actually built out 
                                the broadband network 
                                infrastructure of the provider 
                                such that the provider is able 
                                to provide that service; and
                                  (II) could provide that 
                                service, as determined by 
                                identifying where the provider 
                                is capable of performing a 
                                standard broadband 
                                installation, if applicable;
                          (ii) includes information regarding 
                        download and upload speeds, at various 
                        thresholds established by the 
                        Commission, and, if applicable, latency 
                        with respect to broadband internet 
                        access service that the provider makes 
                        available;
                          (iii) can be georeferenced to the GIS 
                        data in the Fabric;
                          (iv) the provider shall report as--
                                  (I) with respect to providers 
                                of fixed wireless broadband 
                                internet access service--
                                          (aa) propagation maps 
                                        and propagation model 
                                        details that--
                                                  (AA) satisfy 
                                                standards that 
                                                are similar to 
                                                those 
                                                applicable to 
                                                providers of 
                                                mobile 
                                                broadband 
                                                internet access 
                                                service under 
                                                subparagraph 
                                                (B) with 
                                                respect to 
                                                propagation 
                                                maps and 
                                                propagation 
                                                model details, 
                                                taking into 
                                                account 
                                                material 
                                                differences 
                                                between fixed 
                                                wireless and 
                                                mobile 
                                                broadband 
                                                internet access 
                                                service; and
                                                  (BB) reflect 
                                                the speeds and 
                                                latency of the 
                                                service 
                                                provided by the 
                                                provider; or
                                          (bb) a list of 
                                        addresses or locations 
                                        that constitute the 
                                        service area of the 
                                        provider, except that 
                                        the Commission--
                                                  (AA) may only 
                                                permit, and not 
                                                require, a 
                                                provider to 
                                                report the data 
                                                using that 
                                                means of 
                                                reporting; and
                                                  (BB) in the 
                                                rules issued 
                                                under 
                                                subsection 
                                                (a)(1), shall 
                                                provide a 
                                                method for 
                                                using that 
                                                means of 
                                                reporting with 
                                                respect to 
                                                Tribal areas; 
                                                and
                                  (II) with respect to 
                                providers of terrestrial fixed 
                                and satellite broadband 
                                internet access service--
                                          (aa) polygon 
                                        shapefiles; or
                                          (bb) a list of 
                                        addresses or locations 
                                        that constitute the 
                                        service area of the 
                                        provider, except that 
                                        the Commission--
                                                  (AA) may only 
                                                permit, and not 
                                                require, a 
                                                provider to 
                                                report the data 
                                                using that 
                                                means of 
                                                reporting; and
                                                  (BB) in the 
                                                rules issued 
                                                under 
                                                subsection 
                                                (a)(1), shall 
                                                provide a 
                                                method for 
                                                using that 
                                                means of 
                                                reporting with 
                                                respect to 
                                                Tribal areas; 
                                                and
                          (v) the Commission determines is 
                        appropriate with respect to certain 
                        technologies in order to ensure that 
                        the Broadband Map is granular and 
                        accurate; and
                  (B) from each provider of mobile broadband 
                internet access service, which shall include 
                propagation maps, and propagation model 
                details, that indicate the current (as of the 
                date on which the information is collected) 
                fourth generation Long-Term Evolution (commonly 
                referred to as ``4G LTE'') mobile broadband 
                internet access service coverage of the 
                provider, which shall--
                          (i) take into consideration the 
                        effect of clutter; and
                          (ii) satisfy--
                                  (I) the requirements of 
                                having--
                                          (aa) a download speed 
                                        of not less than 5 
                                        megabits per second and 
                                        an upload speed of not 
                                        less than 1 megabit per 
                                        second with a cell edge 
                                        probability of not less 
                                        than 90 percent; and
                                          (bb) cell loading of 
                                        not less than 50 
                                        percent; and
                                  (II) any other parameter that 
                                the Commission determines to be 
                                necessary to create a map under 
                                subsection (c)(1)(C) that is 
                                more precise than the map 
                                produced as a result of the 
                                submissions under the Mobility 
                                Fund Phase II information 
                                collection.
          (3) Update of reporting standards for mobile 
        broadband internet access service.--For the purposes of 
        paragraph (2)(B), if the Commission determines that the 
        reporting standards under that paragraph are 
        insufficient to collect accurate propagation maps and 
        propagation model details with respect to future 
        generations of mobile broadband internet access service 
        technologies, the Commission shall immediately commence 
        a rulemaking to adopt new reporting standards with 
        respect to those technologies that--
                  (A) shall be the functional equivalent of the 
                standards required under paragraph (2)(B); and
                  (B) allow for the collection of propagation 
                maps and propagation model details that are as 
                accurate and granular as, or more accurate and 
                granular than, the maps and model details 
                collected by the Commission under paragraph 
                (2)(B).
          (4) Certification and verification.--With respect to 
        a provider that submits information to the Commission 
        under paragraph (2)--
                  (A) the provider shall include in each 
                submission a certification from a corporate 
                officer of the provider that the officer has 
                examined the information contained in the 
                submission and that, to the best of the 
                officer's actual knowledge, information, and 
                belief, all statements of fact contained in the 
                submission are true and correct; and
                  (B) the Commission shall verify the accuracy 
                and reliability of the information in 
                accordance with measures established by the 
                Commission.
          (5) Challenge process.--
                  (A) In general.--In the rules issued under 
                subsection (a)(1), and subject to subparagraph 
                (B), the Commission shall establish a user-
                friendly challenge process through which 
                consumers, State, local, and Tribal 
                governmental entities, and other entities or 
                persons may submit coverage data to the 
                Commission to challenge the accuracy of--
                          (i) the coverage maps;
                          (ii) any information submitted by a 
                        provider regarding the availability of 
                        broadband internet access service; or
                          (iii) the information included in the 
                        Fabric.
                  (B) Considerations; verification; response to 
                challenges.--In establishing the challenge 
                process required under subparagraph (A), the 
                Commission shall--
                          (i) consider--
                                  (I) the types of information 
                                that an entity or person 
                                submitting a challenge should 
                                provide to the Commission in 
                                support of the challenge;
                                  (II) the appropriate level of 
                                granularity for the information 
                                described in subclause (I);
                                  (III) the need to mitigate 
                                the time and expense incurred 
                                by, and the administrative 
                                burdens placed on, entities or 
                                persons in--
                                          (aa) challenging the 
                                        accuracy of a coverage 
                                        map; and
                                          (bb) responding to 
                                        challenges described in 
                                        item (aa);
                                  (IV) the costs to consumers 
                                and providers resulting from a 
                                misallocation of funds because 
                                of a reliance on outdated or 
                                otherwise inaccurate 
                                information in the coverage 
                                maps;
                                  (V) any lessons learned from 
                                the challenge process 
                                established under Mobility Fund 
                                Phase II, as determined from 
                                comments solicited by the 
                                Commission; and
                                  (VI) the need for user-
                                friendly challenge submission 
                                formats that will promote 
                                participation in the challenge 
                                process;
                          (ii) include a process for verifying 
                        the data submitted through the 
                        challenge process in order to ensure 
                        the reliability of that data;
                          (iii) allow providers to respond to 
                        challenges submitted through the 
                        challenge process; and
                          (iv) develop an online mechanism, 
                        which--
                                  (I) shall be integrated into 
                                the coverage maps;
                                  (II) allows for an entity or 
                                person described in 
                                subparagraph (A) to submit a 
                                challenge under the challenge 
                                process;
                                  (III) makes challenge data 
                                available in both geographic 
                                information system and non-
                                geographic information system 
                                formats; and
                                  (IV) clearly identifies the 
                                areas in which broadband 
                                internet access service is 
                                available, and the upload and 
                                download speeds at which that 
                                service is available, as 
                                reported to the Commission 
                                under this section.
                  (C) Use of challenges.--The rules issued to 
                establish the challenge process under 
                subparagraph (A) shall include--
                          (i) a process for the speedy 
                        resolution of challenges; and
                          (ii) a process for the regular and 
                        expeditious updating of the coverage 
                        maps and granular data the Commission 
                        disseminates as challenges are 
                        resolved.
                  (D) Automation tool.--Not earlier than 1 year 
                after, and not later than 18 months after, the 
                rules issued under subsection (a)(1) are 
                implemented, the Commission shall, after an 
                opportunity for notice and comment, submit to 
                the Committee on Energy and Commerce of the 
                House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the 
                Senate a report that--
                          (i) evaluates the challenge process; 
                        and
                          (ii) considers whether the Commission 
                        should amend its rules to create an 
                        automated tool that includes predictive 
                        capabilities to identify potential 
                        inaccuracies and features that allow a 
                        provider of broadband internet access 
                        service, the Commission, and the public 
                        to visualize the data relating to 
                        broadband internet access service that 
                        the provider reports in order to 
                        improve the accuracy of the data 
                        submitted by the provider.
          (6) Reform of form 477 process.--
                  (A) In general.--Not later than 180 days 
                after the date on which the rules issued under 
                subsection (a)(1) take effect, the Commission 
                shall--
                          (i) reform the Form 477 broadband 
                        deployment service availability 
                        collection process of the Commission to 
                        achieve the purposes of this title and 
                        in a manner that enables the comparison 
                        of data and maps produced before the 
                        implementation of this title with data 
                        and coverage maps produced after the 
                        implementation of this title and 
                        maintains the public availability of 
                        broadband deployment service 
                        availability data; and
                          (ii) harmonize reporting requirements 
                        and procedures regarding the deployment 
                        of broadband internet access service 
                        that, as of the date on which the rules 
                        issued under subsection (a)(1) take 
                        effect, are in effect.
                  (B) Continued collection and reporting.--On 
                and after the date on which the Commission 
                carries out subparagraph (A), the Commission 
                shall continue to collect and publicly report 
                subscription data that the Commission collected 
                through the Form 477 broadband deployment 
                service availability collection process, as in 
                effect on July 1, 2019.
  (c) Maps.--The Commission shall--
          (1) after consulting with the Federal Geographic Data 
        Committee established by section 753(a) of the 
        Geospatial Data Act of 2018 (43 U.S.C. 2802(a)), 
        create--
                  (A) the Broadband Map, which shall depict--
                          (i) the extent of the availability of 
                        broadband internet access service in 
                        the United States, without regard to 
                        whether that service is fixed broadband 
                        internet access service or mobile 
                        broadband internet access service, 
                        which shall be based on data collected 
                        by the Commission from all providers; 
                        and
                          (ii) the areas of the United States 
                        that remain unserved by providers;
                  (B) a map that depicts the availability of 
                fixed broadband internet access service, which 
                shall be based on data collected by the 
                Commission from providers under subsection 
                (b)(2)(A); and
                  (C) a map that depicts the availability of 
                mobile broadband internet access service, which 
                shall be based on data collected by the 
                Commission from providers under subsection 
                (b)(2)(B);
          (2) use the maps created under paragraph (1)--
                  (A) to determine the areas in which 
                terrestrial fixed, fixed wireless, mobile, and 
                satellite broadband internet access service is 
                and is not available; and
                  (B) when making any new award of funding with 
                respect to the deployment of broadband internet 
                access service;
          (3) update the maps created under paragraph (1) not 
        less frequently than biannually using the most recent 
        data collected from providers under subsection (b)(2);
          (4) make available to all Federal agencies, upon 
        request, the maps created under paragraph (1);
          (5) establish a process to make the data collected 
        under subsection (b)(2) available to the National 
        Telecommunications and Information Administration; and
          (6) make public at an appropriate level of 
        granularity--
                  (A) the maps created under paragraph (1); and
                  (B) the data collected by the Commission with 
                respect to broadband internet access service 
                availability and quality of service.
  (d) Delayed Effective Date of Quality of Service Rules.--Any 
requirement of a rule relating to quality of service issued 
under subsection (a)(1) shall take effect not earlier than the 
date that is 180 days after the date on which the Commission 
issues such rule.

SEC. 803. IMPROVING DATA ACCURACY.

  (a) Audits.--The Commission shall conduct regular audits of 
information submitted to the Commission by providers under 
section 802(b)(2) to ensure that the providers are complying 
with this title.
  (b) Crowdsourcing.--
          (1) In general.--The Commission shall--
                  (A) develop a process through which entities 
                or persons in the United States may submit 
                specific information about the deployment and 
                availability of broadband internet access 
                service in the United States on an ongoing 
                basis so that the information may be used to 
                verify and supplement information provided by 
                providers of broadband internet access service 
                for inclusion in the maps created under section 
                802(c)(1); and
                  (B) update the maps created under section 
                802(c)(1) on no less than an annual cycle based 
                on the information received through such 
                process.
          (2) Collaboration.--As part of the efforts of the 
        Commission to facilitate the ability of entities or 
        persons to submit information under paragraph (1), the 
        Commission shall--
                  (A) prioritize the consideration of data 
                provided by data collection applications used 
                by consumers that the Commission has 
                determined--
                          (i) are highly reliable; and
                          (ii) have proven methodologies for 
                        determining network coverage and 
                        network performance; and
                  (B) coordinate with the Postmaster General, 
                or the heads of other Federal agencies that 
                operate delivery fleet vehicles, to facilitate 
                the submission of specific information by the 
                United States Postal Service or such other 
                agencies under paragraph (1).
  (c) Technical Assistance to Indian Tribes.--
          (1) In general.--Subject to paragraph (2), the 
        Commission shall hold annual workshops for Tribal 
        governments to provide technical assistance with the 
        collection and submission of data under section 
        802(a)(2)(A).
          (2) Annual review.--Each year, the Commission, in 
        consultation with Indian Tribes, shall review the need 
        for continued workshops required under paragraph (1).
  (d) Technical Assistance to Small Service Providers.--The 
Commission shall establish a process through which a provider 
that has fewer than 100,000 active broadband internet access 
service connections may request and receive assistance from the 
Commission with respect to geographic information system data 
processing to ensure that the provider is able to comply with 
the rules issued under section 802(a)(1) in a timely and 
accurate manner.
  (e) GAO Assessment of Fabric Source Data.--
          (1) Assessment.--The Comptroller General of the 
        United States shall conduct an assessment of key data 
        sources that are used for purposes of the Fabric to 
        identify and geocode locations where fixed broadband 
        internet access service can be installed, in order to 
        develop recommendations for how the quality and 
        completeness of such data sources can be improved as 
        data sources for the Fabric. Data sources to be 
        assessed shall include any sources of relevant Federal 
        data, including the National Address Database 
        administered by the Department of Transportation, 
        State- and county-level digitized parcel data, and 
        property tax record tax attribute recording.
          (2) Report.--Not later than 1 year after the date of 
        the enactment of this title, the Comptroller General 
        shall submit to the Committee on Energy and Commerce of 
        the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a 
        report containing the recommendations developed in the 
        assessment under paragraph (1).
  (f) Technical Assistance to Consumers and State, Local, and 
Tribal Governmental Entities.--The Commission shall provide 
technical assistance to consumers and State, local, and Tribal 
governmental entities with respect to the challenge process 
established under section 802(b)(5), which shall include--
          (1) detailed tutorials and webinars; and
          (2) making available staff of the Commission to 
        provide assistance, as needed, throughout the entirety 
        of the challenge process.

SEC. 804. COST.

  (a) Limitation.--The Commission may not use funds from the 
universal service programs of the Commission established under 
section 254, and the regulations issued under that section, to 
carry out this title.
  (b) Authorization of Appropriations.--There is authorized to 
be appropriated to the Commission to carry out this title--
          (1) $25,000,000 for fiscal year 2021; and
          (2) $9,000,000 for each of the fiscal years 2022 
        through 2028.

SEC. 805. OTHER PROVISIONS.

  (a) OMB.--Notwithstanding any other provision of law, the 
initial rulemaking required under section 802(a)(1) shall be 
exempt from review by the Office of Management and Budget.
  (b) PRA.--Chapter 35 of title 44, United States Code 
(commonly known as the ``Paperwork Reduction Act'') shall not 
apply to the initial rulemaking required under section 
802(a)(1).
  (c) Execution of Responsibilities.--Except, with respect to 
an entity that is not the Universal Service Administrative 
Company, as provided in sections 802(a)(2)(B), 
802(b)(1)(A)(ii), and 803(d), the Commission--
          (1) including the offices of the Commission, shall 
        carry out the responsibilities assigned to the 
        Commission under this title; and
          (2) may not delegate any of the responsibilities 
        assigned to the Commission under this title to any 
        third party, including the Universal Service 
        Administrative Company.
  (d) Reporting.--Each fiscal year, the Commission shall submit 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Commerce of the 
House of Representatives a report that summarizes the 
implementation of this title and associated enforcement 
activities conducted during the previous fiscal year.

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