[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4229 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 6, 2019

   Mr. Loebsack (for himself, Mr. Latta, Mr. McEachin, and Mr. Long) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 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.

    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 Deployment Accuracy and 
Technological Availability Act'' or the ``Broadband DATA Act''.

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(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 3(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) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (7) Fabric.--The term ``Fabric'' means the Broadband 
        Serviceable Location Fabric established under section 
        3(b)(1)(B).
            (8) Form 477.--The term ``Form 477'' means Form 477 of the 
        Commission relating to local telephone competition and 
        broadband reporting.
            (9) 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).
            (10) 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).
            (11) 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.
            (12) Provider.--The term ``provider'' means a provider of 
        fixed or mobile broadband internet access service.
            (13) 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.
            (14) 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.
            (15) Standard broadband installation.--The term ``standard 
        broadband installation''--
                    (A) 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
                    (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. 3. BROADBAND MAPS.

    (a) Rules.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Commission shall issue final rules 
        that shall--
                    (A) in a manner that balances public access to data 
                with adequate protections for privacy and for 
                confidential or competitively sensitive information, 
                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 information 
                        under this Act, can protect the security, 
                        privacy, and confidentiality of--
                                    (I) information contained in the 
                                Fabric;
                                    (II) the dataset created under 
                                subsection (b)(1) 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 4(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 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 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; and
                                            (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.

                    (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 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--
                            (i) take into consideration the effect of 
                        clutter; and
                            (ii) satisfy--
                                    (I) the requirements of having--
                                            (aa) 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
                                            (bb) cell loading of 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 such 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), 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--
                            (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 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 in--
                                            (aa) challenging the 
                                        accuracy of a coverage map; and
                                            (bb) responding to 
                                        challenges described in item 
                                        (aa); and
                                    (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;
                            (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; and
                                    (II) allows for an entity described 
                                in subparagraph (A) to submit a 
                                challenge under the challenge process.
                    (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.
            (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) 
                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 Act and in a manner that 
                        enables the comparison of data and maps 
                        produced before the implementation of this Act 
                        with data and coverage maps produced after the 
                        implementation of this Act; 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) 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 process, as in effect 
                on July 1, 2019.
    (c) Maps.--The Commission shall--
            (1) 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) 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;
            (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) shall take effect not earlier than the date that is 180 
days after the date on which the Commission issues such rule.

SEC. 4. IMPROVING DATA ACCURACY.

    (a) 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.
    (b) Crowdsourcing.--
            (1) 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).
            (2) 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).
    (c) Technical Assistance to Indian Tribes.--
            (1) 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).
            (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 requirements under section 3(b) in 
a timely and accurate manner.

SEC. 5. COST.

    (a) 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.
    (b) Cost of Fabric.--
            (1) 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.
            (2) Other funds.--The Commission may recover costs 
        associated with this Act under section 9 of the Communications 
        Act of 1934 (47 U.S.C. 9) to the extent provided for in an 
        appropriation Act, as required under subsection (a) of that 
        section.

SEC. 6. OTHER PROVISIONS.

    (a) OMB.--Notwithstanding any other provision of law, the initial 
rulemaking required under section 3(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 3(a)(1).
    (c) Execution of Responsibilities.--Except as provided in section 
3(b)(1)(A)(ii), the Commission--
            (1) including the offices of the Commission, shall carry 
        out the responsibilities assigned to the Commission under this 
        Act; and
            (2) may not delegate any of the responsibilities assigned 
        to the Commission under this Act 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 Act 
and associated enforcement activities conducted during the previous 
fiscal year.
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