[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3162 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3162

   To improve broadband data collection, mapping, and validation to 
support the effective deployment of broadband services to all areas of 
               the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2019

Mrs. Rodgers of Washington (for herself, Mr. O'Halleran, Mr. McKinley, 
    Ms. Kuster of New Hampshire, Mr. Wittman, and Mr. Butterfield) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To improve broadband data collection, mapping, and validation to 
support the effective deployment of broadband services to all areas of 
               the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadband Data Improvement Act of 
2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given the 
        term in section 8.1 of title 47, Code of Federal Regulations, 
        or any successor regulation.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Federal agency.--The term ``Federal agency'' means--
                    (A) the Commission;
                    (B) the Department of Agriculture;
                    (C) the Department of Commerce;
                    (D) the Department of the Interior;
                    (E) the Federal Trade Commission;
                    (F) the National Economic Council; and
                    (G) the Office of Science and Technology Policy.
            (4) Form 477.--The term ``Form 477'' means Form 477 of the 
        Commission relating to local telephone competition and 
        broadband reporting.
            (5) National broadband map.--The term ``National Broadband 
        Map'' means the map developed and maintained by the Commission 
        with respect to the availability of broadband internet access 
        service.
            (6) Propagation model.--The term ``propagation model'' 
        means an empirical mathematical formulation for the 
        characterization of radio wave propagation as a function of 
        frequency, distance, and other conditions.
            (7) Provider.--The term ``provider'' means a provider of 
        broadband internet access service.
            (8) 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.
            (9) Standard broadband installation.--The term ``standard 
        broadband installation''--
                    (A) means the initiation of new wireline broadband 
                internet access service with no charges or delays 
                attributable to the extension of the network of the 
                provider; and
                    (B) includes the initiation of service that 
                requires only routine installation that can be 
                completed not later than 10 business days after the 
                date on which the service request is submitted.
            (10) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).

SEC. 3. NEW DATA SUBMISSION AND PUBLIC FEEDBACK PROCESSES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall issue a rule to establish--
            (1) a reporting requirement under which each provider 
        shall, not less frequently than biannually, submit to the 
        Commission accurate and granular information regarding the 
        geographic availability of broadband internet access service 
        provided by the provider; and
            (2) a framework for an ongoing challenge process through 
        which a provider or a member of the public may submit 
        information challenging the accuracy of the information 
        reflected on the National Broadband Map.
    (b) Reporting Requirement Conditions.--The reporting requirement 
established by the Commission under subsection (a)(1) shall--
            (1) require information regarding the service area of each 
        provider to be--
                    (A) submitted in shapefile format, or another 
                geospatial format as the Commission may prescribe, to 
                achieve the level of reporting specificity required 
                under paragraph (2) of this subsection; and
                    (B) before making each submission required under 
                subsection (a)(1), certified--
                            (i) as adhering to such reporting standards 
                        as the Commission may prescribe;
                            (ii) on a form to be prescribed by the 
                        Commission; and
                            (iii) by an officer of the provider;
            (2) allow for an understanding by the Commission and the 
        general public of speeds and service delivery types of 
        broadband internet access service that are available through--
                    (A) a standard broadband installation for fixed 
                wireline services; and
                    (B) standardized and tested propagation models with 
                respect to--
                            (i) fixed wireless and satellite services; 
                        and
                            (ii) mobile services, with defined factors 
                        for signal strength, cell edge probability, and 
                        cell loading;
            (3) define uniform mandatory standards for the reporting of 
        broadband internet access service coverage for each delivery 
        type with respect to broadband internet access service in order 
        to--
                    (A) ensure the accuracy and granularity of the data 
                submitted; and
                    (B) require each provider to employ consistent 
                reporting methods across all States in which the 
                provider provides service;
            (4) update or replace the Form 477 broadband deployment 
        service availability data collection process of the Commission; 
        and
            (5) eliminate all duplicative reporting requirements and 
        procedures regarding the availability of broadband internet 
        access service that are in existence as of the date on which 
        the Commission establishes the requirement.
    (c) Challenge Process Conditions.--The framework for the challenge 
process established by the Commission under subsection (a)(2) shall 
include an ongoing schedule for the periodic--
            (1) receipt, analysis, and resolution of feedback received 
        through the process; and
            (2) updating of the National Broadband Map, which shall be 
        completed--
                    (A) in an expeditious manner; and
                    (B) in response to the feedback described in 
                paragraph (1).
    (d) National Broadband Map.--
            (1) In general.--Subject to feedback received through the 
        challenge process, the framework for which is established under 
        subsection (a)(2), a Federal agency shall use the National 
        Broadband Map to determine--
                    (A) the extent of the availability of broadband 
                internet access service; and
                    (B) the areas of the United States that remain 
                unserved by providers.
            (2) Challenge notice of opportunity.--Before awarding 
        funding that supports the development of broadband internet 
        access services and that is based on the information reflected 
        on the National Broadband Map, a Federal agency shall provide 
        notice of an opportunity for public feedback to challenge or 
        update the information on the map that--
                    (A) aligns with the schedule established under 
                subsection (c); or
                    (B) provides a separate public feedback opportunity 
                under rules that may be established by the Federal 
                agency.

SEC. 4. DATA VALIDATION AND SUBMISSION ASSISTANCE.

    (a) Selected Provider.--
            (1) Selection of provider.--
                    (A) In general.--The Commission shall use 
                competitive procedures to enter into a contract with an 
                entity to provide the services described in paragraph 
                (2).
                    (B) Commission discretion.--The Commission may--
                            (i) determine--
                                    (I) the period in which an entity 
                                selected under subparagraph (A) shall 
                                serve in that capacity; and
                                    (II) whether to grant an extension 
                                with respect to the period described in 
                                subclause (i), including the length of 
                                that extension; and
                            (ii) with respect to the contract described 
                        in subparagraph (A), include--
                                    (I) a provision relating to 
                                liquidated damages; and
                                    (II) any other reasonable provision 
                                to ensure that the contract is sound 
                                and enforceable.
            (2) Responsibilities.--Subject to section 106(h)(2) of the 
        Broadband Data Improvement Act (47 U.S.C. 1304(h)(2)), the 
        entity selected under paragraph (1) shall, in consultation 
        with, and under the supervision of, the Commission--
                    (A) provide--
                            (i) geographic information system data 
                        processing assistance to providers that require 
                        that assistance in order to comply with the 
                        reporting requirements established by the 
                        Commission under section 3(a)(1);
                            (ii) support for the facilitation of the 
                        challenge process, the framework for which is 
                        established by the Commission under section 
                        3(a)(2); and
                            (iii) independent data validation services, 
                        including in-field verification of the 
                        availability of broadband internet access 
                        service reported by providers, to the 
                        Commission to ensure the accuracy and continual 
                        refinement of the National Broadband Map;
                    (B) execute data-sharing agreements, as may be 
                requested, with providers to facilitate the exchange of 
                information needed to create shapefiles, or any other 
                such depiction as the Commission may prescribe, of the 
                availability of broadband internet access service for 
                the purposes of carrying out subsection (d);
                    (C) analyze the information exchanged under 
                subparagraph (B) to produce depictions of the 
                availability of fixed broadband internet access service 
                and mobile broadband internet access service in 
                compliance with the requirements established under 
                section 3(a)(1), for any providers that are eligible 
                for the assistance described in subparagraph (A)(i);
                    (D) provide the depictions of service availability 
                under subparagraph (C) to the Commission for--
                            (i) the internal use of the Commission; and
                            (ii) incorporation in the National 
                        Broadband Map;
                    (E) support collaboration between the Commission 
                and other Federal agencies to--
                            (i) track, map, and validate how funds made 
                        available through Federal grants, loans, or 
                        other financial awards or incentives for the 
                        development of broadband infrastructure have 
                        been expended to improve the availability of 
                        broadband internet access service; and
                            (ii) ensure transparency and accountability 
                        with respect to the expenditures described in 
                        clause (i), taking into account existing 
                        accountability measures, such as requiring the 
                        deployment of broadband infrastructure to be 
                        reported on a geocoded or other location-
                        specific basis;
                    (F) develop and implement an online mechanism to be 
                integrated into the National Broadband Map, which shall 
                solicit and collect feedback submitted by the public 
                and providers through the challenge process, the 
                framework for which is established under section 
                3(a)(2); and
                    (G) in consultation with the Commission, establish 
                an ongoing data validation and verification process, 
                including selective in-person field validation 
                activities, that shall--
                            (i) be guided by intelligence collected 
                        through the receipt of public feedback, the 
                        acquisition and analysis of third-party 
                        datasets, or other methods the entity may 
                        develop; and
                            (ii) advise the Commission regarding the 
                        continual refinement of the National Broadband 
                        Map.
    (b) Public Comment Required.--With respect to the selection of an 
entity under subsection (a), the Commission shall seek comment from the 
public, providers, and other relevant stakeholders regarding the 
experience and capabilities of organizations that are qualified to be 
so selected.
    (c) Termination for Cause; Selection of New Entity.--
            (1) In general.--The Commission may, by order, terminate 
        for cause an entity selected under subsection (a).
            (2) New entity.--If the Commission issues a termination 
        order under paragraph (1)(A), the Commission shall, not later 
        than 120 days after the date on which the Commission issues 
        that order, select a new qualified entity to carry out 
        subsection (a) in the same manner as provided in that 
        subsection, including by seeking comment as provided in 
        subsection (b).
    (d) Provider Request for Assistance.--
            (1) In general.--The Commission shall implement a process 
        through which a provider may request geographic information 
        system data processing assistance from the entity selected 
        under subsection (a).
            (2) Conditions for approval.--The entity selected under 
        subsection (a) shall grant a request for assistance submitted 
        by a provider under paragraph (1)--
                    (A) if the provider has more than 100,000 broadband 
                connections--
                            (i) upon a demonstration of need by the 
                        provider; and
                            (ii) after review and approval by the 
                        Commission; and
                    (B) if the provider has not more than 100,000 
                broadband connections, automatically, subject to the 
                availability of funds.
    (e) No Regulatory Authority.--Nothing in this section may be 
construed to grant an entity selected under subsection (a) any 
regulatory jurisdiction with respect to, or oversight authority over, 
providers or information technology.

SEC. 5. ENFORCEMENT.

    (a) 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.
    (b) Penalty.--Any person that violates subsection (a) shall be 
subject to an appropriate penalty, as determined by the Commission, 
under--
            (1) the Communications Act of 1934 (47 U.S.C. 151 et seq.), 
        including section 501 of that Act (47 U.S.C. 501); and
            (2) the rules of the Commission.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Commission to carry 
out this Act the following amounts:
            (1)(A) For fiscal year 2020, $55,000,000, not less than 
        $34,500,000 of which shall be made available to carry out 
        section 4.
            (B) The amounts made available under subparagraph (A) shall 
        remain available until expended.
            (2)(A) For each of fiscal years 2021 through 2026, 
        $50,000,000, not less than $29,500,000 of which shall be made 
        available in each such fiscal year to carry out section 4.
            (B) The amounts made available under subparagraph (A) shall 
        remain available until expended.
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