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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.
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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\
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\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.
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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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