[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1522 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1522
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 SENATE OF THE UNITED STATES
May 16, 2019
Mrs. Capito (for herself, Mr. Schatz, Mr. Tester, and Mr. Moran)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
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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