II
Calendar No. 328
116th CONGRESS
1st Session
S. 1822
[Report No. 116–174]
IN THE SENATE OF THE UNITED STATES
June 12, 2019
Mr. Wicker (for himself, Mr. Peters, Mr. Thune, Ms. Klobuchar, Mrs. Capito, Mr. Gardner, Mr. Moran, Ms. Baldwin, Ms. Rosen, Ms. Sinema, Mr. Young, Mr. Schatz, Mr. Tester, Ms. Duckworth, Mr. Udall, Mr. Markey, Mrs. Blackburn, Mrs. Fischer, Mr. Blumenthal, Mrs. Hyde-Smith, Mr. Sullivan, Mr. King, Mr. Barrasso, Mr. Cramer, Mr. Van Hollen, Ms. Cortez Masto, Mr. Burr, Mr. Risch, Mr. Tillis, Ms. McSally, Mr. Crapo, Mr. Boozman, Ms. Collins, Ms. Hassan, Ms. Smith, Mr. Cotton, Mr. Durbin, Mr. Hoeven, Mr. Sanders, Mr. Perdue, Mrs. Murray, Mr. Brown, Mr. Cardin, Mr. Lankford, Mr. Cornyn, Mr. Merkley, Mrs. Shaheen, Ms. Harris, Mrs. Gillibrand, Mr. Casey, Mr. Jones, Mr. Braun, Mr. Graham, Ms. Hirono, Mr. Leahy, Ms. Warren, Mr. Coons, Ms. Ernst, Mr. Blunt, Mr. Rubio, Mr. Scott of Florida, Ms. Stabenow, Mr. Manchin, Mr. Johnson, Mr. Scott of South Carolina, Mr. Schumer, and Mr. Enzi) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
December 12, 2019
Reported by Mr. Wicker, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
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.
Short title
This Act may be cited as the Broadband Deployment Accuracy and Technological Availability Act
or the Broadband DATA Act
.
Definitions
In this Act:
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.
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.
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.
Clutter
The term clutter means a natural or man-made surface feature that affects the propagation of a signal from a base station.
Commission
The term Commission means the Federal Communications Commission.
Fabric
The term Fabric means the Broadband Serviceable Location Fabric established under section 3(b)(1)(B).
Form 477
The term Form 477 means Form 477 of the Commission relating to local telephone competition and broadband reporting.
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).
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.
Provider
The term provider means a provider of fixed or mobile broadband internet access service.
Shapefile
The term shapefile means a digital storage format containing geospatial or location-based data and attribute information—
regarding the availability of broadband internet access service; and
that can viewed, edited, and mapped in geographic information system software.
Standard broadband installation
The term standard broadband installation—
means the initiation by a provider of new fixed broadband internet access service with no charges or delays attributable to the extension of the network of the provider; and
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.
Broadband maps
Rules
In general
Not later than 180 days after the date of enactment of this Act, the Commission shall issue final rules that shall—
allow for the collection by the Commission of granular data—
relating to the availability of terrestrial fixed, fixed wireless, satellite, and mobile broadband internet access service; and
that the Commission shall use to compile maps that depict the availability described in clause (i) (referred to in this section as coverage maps
), which the Commission shall make publicly available; and
establish the challenge process described in subsection (b)(4).
Other data
In issuing the rules under paragraph (1), the Commission shall consider whether to collect verified coverage data from—
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; and
other sources.
Updates
The Commission shall revise the rules issued under paragraph (1) to—
reflect changes in technology;
ensure the accuracy of propagation models; or
verify the accuracy of data submitted under subsection (b)(2).
Content of rules
Establishment of a serviceable location fabric regarding fixed broadband
The rules issued by the Commission under subsection (a)(1) shall—
require the Commission to engage with an entity with expertise with respect to geographic information systems (referred to in this subsection as GIS
) to 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;
establish the Broadband Serviceable Location Fabric, which shall—
subject to subparagraph (C), contain geocoded information for each location identified under clause (i);
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 overlaid;
be compatible with commonly used GIS software; and
at a minimum, be updated annually by the Commission to ensure that GIS location data is continuously improved and current; and
prioritize implementing the Fabric for rural areas of the United States before implementing the Fabric for urban and suburban areas of the United States.
Collection of information
The rules issued by the Commission under subsection (a)(1) shall provide that the Commission shall collect—
from each provider of terrestrial fixed, fixed wireless, or satellite broadband internet access service, data that—
allows for an understanding of where a standard broadband installation can occur;
includes information regarding the download and upload speeds with respect to broadband internet access service that the provider makes available;
can be georeferenced to the GIS data in the Fabric regarding the service area of the provider; and
the provider shall report as—
with respect to providers of fixed wireless broadband internet access service—
propagation maps and propagation model details that—
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; and
reflect the actual speeds and latency asserted by the provider; or
a list of addresses or locations that constitute the service area of the provider, except that the Commission may only permit, and not require, a provider to report the data using that means of reporting; and
with respect to providers of terrestrial fixed and satellite broadband internet access service—
polygon shapefiles; or
a list of addresses or locations that constitute the service area of the provider, except that the Commission may only permit, and not require, a provider to report the data using that means of reporting; and
from each provider of mobile broadband internet access service, propagation maps and propagation model details that—
indicate the current (as of the date on which the information is collected) mobile broadband internet access service coverage of the provider, taking into consideration the effect of clutter; and
satisfy minimum standards relating to speed, cell edge probability, and cell loading that exceed the standards that providers of mobile broadband internet access service were required to satisfy when making submissions under the Mobility Fund Phase II information collection.
Certification
With respect to a provider that submits information to the Commission under paragraph (2)—
the provider shall include in each submission a certification from a senior executive of the provider that the senior executive has examined the information contained in the submission and that, to the best of the executive’s knowledge, information, and belief, all statements of fact contained in the submission are true and correct; and
the Commission shall verify the accuracy of the information in accordance with measures established by the Commission.
Challenge process
In general
In the rules issued under subsection (a), 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 may submit coverage data to the Commission to challenge the coverage maps.
Considerations; verification; response to challenges
In establishing the challenge process required under subparagraph (A), the Commission shall—
consider—
the information that an entity submitting a challenge under that process should be permitted to provide to the Commission;
the appropriate level of granularity with respect to the information submitted by an entity described in subclause (I);
the time and expense incurred by consumers and providers in challenging the accuracy of a coverage map; and
the costs to consumers and providers resulting from a misallocation of funds for a period of more than 1 year because of a reliance on outdated or otherwise inaccurate information;
include a process for verifying the data submitted through the challenge process in order to ensure the reliability of that data; and
allow providers to respond to challenges submitted through the challenge process.
Use of challenges
The Commission shall use data submitted through the challenge process established under subparagraph (A) to evaluate the accuracy of the coverage maps and update the maps as the Commission adjudicates challenges brought through that process.
Reform of Form 477 process
Not later than 180 days after the date on which the rules issued under subsection (a) take effect, the Commission shall reform—
the Form 477 broadband deployment service availability collection process of the Commission; and
duplicative reporting requirements and procedures regarding the availability of broadband internet access service that, as of that date, are in effect.
Maps
The Commission shall—
compile—
a map that depicts the availability of fixed broadband internet access service, which shall reflect data collected by the Commission from providers under subsection (b)(2)(A), as refined and modified through the adjudication of challenges submitted under subsection (b)(4); and
a map that depicts the availability of mobile broadband internet access service, which shall reflect data collected by the Commission from providers under subsection (b)(2)(B), as refined and modified through the adjudication of challenges submitted under subsection (b)(4);
use the coverage maps—
to determine the areas in which broadband internet access service is and is not available; and
before making any award of funding with respect to the deployment of broadband internet access service; and
update the coverage maps not less frequently than annually using the most recent data collected from providers under subsection (b)(2).
Enforcement
In general
It shall be unlawful for a person to willfully and knowingly submit information or data under this Act that is inaccurate with respect to the availability of broadband internet access service.
Penalty
Any person that violates subsection (a) shall be subject to an appropriate penalty, as determined by the Commission, under—
the Communications Act of 1934 (47 U.S.C. 151 et seq.), including section 501 of that Act (47 U.S.C. 501); and
the rules of the Commission.
Short title
This Act may be cited as the Broadband Deployment Accuracy and Technological Availability Act
or the Broadband DATA Act
.
Definitions
In this Act:
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.
Broadband Map
The term Broadband Map means the map created by the Commission under section 3(c)(1)(A).
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.
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.
Clutter
The term clutter means a natural or man-made surface feature that affects the propagation of a signal from a base station.
Commission
The term Commission means the Federal Communications Commission.
Fabric
The term Fabric means the Broadband Serviceable Location Fabric established under section 3(b)(1)(B).
Form 477
The term Form 477 means Form 477 of the Commission relating to local telephone competition and broadband reporting.
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).
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).
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.
Provider
The term provider means a provider of fixed or mobile broadband internet access service.
Shapefile
The term shapefile means a digital storage format containing geospatial or location-based data and attribute information—
regarding the availability of broadband internet access service; and
that can be viewed, edited, and mapped in geographic information system software.
Standard broadband installation
The term standard broadband installation—
means the initiation by a provider of new fixed broadband internet access service with no charges or delays attributable to the extension of the network of the provider; and
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.
Broadband maps
Rules
In general
Not later than 180 days after the date of enactment of this Act, the Commission shall issue final rules that shall—
allow for the collection by the Commission of accurate and granular data, not less frequently than biannually—
relating to the availability of terrestrial fixed, fixed wireless, satellite, and mobile broadband internet access service; and
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
establish—
processes through which the Commission can verify the accuracy of data submitted under subsection (b)(2);
processes and procedures through which the Commission, and, as necessary, other entities or persons submitting information under this Act, can protect the security, privacy, and confidentiality of—
information contained in the Fabric;
the dataset created under subsection (b)(1) supporting the Fabric; and
the data submitted under subsection (b)(2);
the challenge process described in subsection (b)(5); and
the process described in section 5(b).
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—
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;
third parties, if the Commission determines that it is in the public interest to use such data in—
the development of the coverage maps; or
the verification of data submitted under subsection (b); and
other Federal agencies.
Updates
The Commission shall revise the rules issued under paragraph (1) to—
reflect changes in technology;
ensure the accuracy of propagation models, as further provided in subsection (b)(3); and
improve the usefulness of the coverage maps.
Content of rules
Establishment of a serviceable location fabric regarding fixed broadband
Dataset
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.
Contracting
In general
Subject to subclauses (II) and (III), the Commission may 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).
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.
Limitations
With respect to a contract into which the Commission enters under subclause (I)—
the entity with which the Commission contracts shall be selected through a competitive bid process that is transparent and open; and
the contract shall be for a term of not longer than 5 years, after which the Commission may enter into a new contract—
with an entity, and for the purposes, described in subclause (I); and
that complies with the requirements under subclause (II) and this subclause.
Fabric
The rules issued by the Commission under subsection (a)(1) shall establish the Broadband Serviceable Location Fabric, which shall—
contain geocoded information for each location identified under subparagraph (A)(i);
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;
be compatible with commonly used GIS software; and
at a minimum, be updated annually by the Commission.
Implementation priority
The Commission shall prioritize implementing the Fabric for rural and insular areas of the United States.
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—
from each provider of terrestrial fixed, fixed wireless, or satellite broadband internet access service, which shall include data that—
documents the areas where the provider—
has actually built out the broadband network infrastructure of the provider such that the provider is able to provide that service; and
could provide that service, as determined by identifying where the provider is capable of performing a standard broadband installation, if applicable;
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;
can be georeferenced to the GIS data in the Fabric;
the provider shall report as—
with respect to providers of fixed wireless broadband internet access service—
propagation maps and propagation model details that—
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
reflect the speeds and latency of the service provided by the provider; or
a list of addresses or locations that constitute the service area of the provider, except that the Commission—
may only permit, and not require, a provider to report the data using that means of reporting; and
in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and
with respect to providers of terrestrial fixed and satellite broadband internet access service—
polygon shapefiles; or
a list of addresses or locations that constitute the service area of the provider, except that the Commission—
may only permit, and not require, a provider to report the data using that means of reporting; and
in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and
the Commission determines is appropriate with respect to certain technologies in order to ensure that the Broadband Map is granular and accurate; and
from each provider of mobile broadband internet access service, which shall include propagation maps, and the propagation models on which those maps are based, 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—
take into consideration the effect of clutter; and
satisfy—
the requirements of having—
a download speed of 5 megabits per second and an upload speed of 1 megabit per second with a cell edge probability of not less than 90 percent; and
cell loading of 50 percent; and
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.
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 rule making to adopt new reporting standards with respect to those technologies that—
shall be the functional equivalent of the standards required under paragraph (2)(B); and
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).
Certification and verification
With respect to a provider that submits information to the Commission under paragraph (2)—
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
the Commission shall verify the accuracy and reliability of the information in accordance with measures established by the Commission.
Challenge process
In general
In the rules issued under subsection (a), 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 may submit coverage data to the Commission to challenge the accuracy of—
the coverage maps;
any information submitted by a provider regarding the availability of broadband internet access service; or
the information included in the Fabric.
Considerations; verification; response to challenges
In establishing the challenge process required under subparagraph (A), the Commission shall—
consider—
the types of information that an entity submitting a challenge should provide to the Commission in support of the challenge;
the appropriate level of granularity for the information described in subclause (I);
the need to mitigate the time and expense incurred by, and the administrative burdens placed on, entities in—
challenging the accuracy of a coverage map; and
responding to challenges described in item (aa); and
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;
include a process for verifying the data submitted through the challenge process in order to ensure the reliability of that data;
allow providers to respond to challenges submitted through the challenge process; and
develop an online mechanism, which—
shall be integrated into the coverage maps; and
allows for an entity described in subparagraph (A) to submit a challenge under the challenge process.
Use of challenges
The rules issued to establish the challenge process under subparagraph (A) shall include—
a process for the speedy resolution of challenges; and
a process for the regular and expeditious updating of the coverage maps as challenges are resolved.
Reform of form 477 process
In general
Not later than 180 days after the date on which the rules issued under subsection (a) take effect, the Commission shall—
reform the Form 477 broadband deployment service availability collection process of the Commission to make the process consistent with this Act and the rules issued under this Act; and
remove duplicative reporting requirements and procedures regarding the deployment of broadband internet access service that, as of that date, are in effect.
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 process, as in effect on July 1, 2019.
Maps
The Commission shall—
create—
the Broadband Map, which shall depict—
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
the areas of the United States that remain unserved by providers;
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
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);
use the maps created under paragraph (1)—
to determine the areas in which terrestrial fixed, fixed wireless, mobile, and satellite broadband internet access service is and is not available; and
when making any new award of funding with respect to the deployment of broadband internet access service;
update the maps created under paragraph (1) not less frequently than biannually using the most recent data collected from providers under subsection (b)(2);
establish a process requiring the Department of Agriculture and the National Telecommunications and Information Administration to consult the maps created under paragraph (1) when, as of the date on which the process is established or on any future date, distributing funds relating to the deployment of broadband internet access service under any program administered by the Rural Utilities Service or the Administration, respectively; and
establish a process to make the data collected under subsection (b)(2) available to the National Telecommunications and Information Administration.
Enforcement
In general
It shall be unlawful for a person or entity to willfully and knowingly, or recklessly, submit information or data under this Act that is materially inaccurate or incomplete with respect to the availability of broadband internet access service.
Violations
A violation of this Act shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.), and the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of that Act were incorporated into and made a part of this Act.
Improving data accuracy
Audits
The Commission shall conduct regular audits of information submitted to the Commission by providers under section 3(b)(2) to ensure that the providers are complying with this Act.
Crowdsourcing
In general
The Commission shall develop a process through which persons in the United States may submit specific information about the deployment and availability of broadband internet access service in the United States 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 3(c)(1).
Collaboration
As part of the efforts of the Commission to facilitate the ability of persons to submit information under paragraph (1), the Commission shall issue guidance and other information as appropriate to ensure that the information submitted is uniform and consistent with the data submitted by providers under section 3(b)(2).
Technical assistance to Indian Tribes
In general
Subject to paragraph (2), the Commission shall hold workshops for Tribal governments in each of the 12 Bureau of Indian Affairs regions to provide technical assistance with the collection and submission of data under section 3(a)(2).
Annual review
Each year, the Commission, in consultation with Indian Tribes, shall review the need for continued workshops required under paragraph (1).
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 requirements under section 3(b) in a timely and accurate manner.
Cost
In general
Beginning with the first full fiscal year after the date of enactment of this Act, the Commission shall include in the budget submission of the Commission to the President under sections 1105(a) and 1108 of title 31, United States Code, amounts sufficient to ensure the proper and continued functioning of the responsibilities of the Commission under this Act.
Cost of Fabric
USF
The Commission may not use funds from the universal service programs of the Commission established under section 254 of the Communications Act of 1934 (47 U.S.C. 254), and the regulations issued under that section, to pay for any costs associated with this Act.
Other funds
The Commission may recover costs associated with this Act under section 9 of the Communications Act of 1934 (47 U.S.C. 159) to the extent provided for in an appropriation Act, as required under subsection (a) of that section.
Other provisions
OMB
Notwithstanding any other provision of law, the initial rule making required under section 3(a)(1) shall be exempt from review by the Office of Management and Budget.
PRA
Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act
), shall not apply to the initial rule making required under section 3(a)(1).
Execution of responsibilities
Except as provided in section 3(b)(1)(A)(ii), the Commission—
including the offices of the Commission, shall carry out the responsibilities assigned to the Commission under this Act; and
may not delegate any of the responsibilities assigned to the Commission under this Act to any third party, including the Universal Service Administrative Company.
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 Act and associated enforcement activities conducted during the previous fiscal year.
December 12, 2019
Reported with an amendment
