[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1822 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
March 3, 2020.
Resolved, That the bill from the Senate (S. 1822) entitled ``An Act
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.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Deployment Accuracy and
Technological Availability Act'' or the ``Broadband DATA Act''.
SEC. 2. BROADBAND DATA.
The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended
by adding at the end the following:
``TITLE VIII--BROADBAND DATA
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Broadband internet access service.--The term
`broadband internet access service' has the meaning given the
term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
``(2) Broadband map.--The term `Broadband Map' means the
map created by the Commission under section 802(c)(1)(A).
``(3) Cell edge probability.--The term `cell edge
probability' means the likelihood that the minimum threshold
download and upload speeds with respect to broadband internet
access service will be met or exceeded at a distance from a
base station that is intended to indicate the ultimate edge of
the coverage area of a cell.
``(4) Cell loading.--The term `cell loading' means the
percentage of the available air interface resources of a base
station that are used by consumers with respect to broadband
internet access service.
``(5) Clutter.--The term `clutter' means a natural or man-
made surface feature that affects the propagation of a signal
from a base station.
``(6) Fabric.--The term `Fabric' means the Broadband
Serviceable Location Fabric established under section
802(b)(1)(B).
``(7) Form 477.--The term `Form 477' means Form 477 of the
Commission relating to local telephone competition and
broadband reporting.
``(8) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(9) Mobility fund phase ii.--The term `Mobility Fund
Phase II' means the second phase of the proceeding to provide
universal service support from the Mobility Fund (WC Docket No.
10-90; WT Docket No. 10-208).
``(10) Propagation model.--The term `propagation model'
means a mathematical formulation for the characterization of
radio wave propagation as a function of frequency, distance,
and other conditions.
``(11) Provider.--The term `provider' means a provider of
fixed or mobile broadband internet access service.
``(12) Quality of service.--The term `quality of service'
means, with respect to broadband internet access service, the
download and upload speeds (and, for relevant services,
latency) with respect to that service, as determined by, and to
the extent otherwise collected by, the Commission.
``(13) Shapefile.--The term `shapefile' means a digital
storage format containing geospatial or location-based data and
attribute information--
``(A) regarding the availability of broadband
internet access service; and
``(B) that can be viewed, edited, and mapped in
geographic information system software.
``(14) Standard broadband installation.--The term `standard
broadband installation'--
``(A) means the initiation by a provider of fixed
broadband internet access service in an area in which
the provider has not previously offered that service,
with no charges or delays attributable to the extension
of the network of the provider; and
``(B) includes the initiation of fixed broadband
internet access service through routine installation
that can be completed not later than 10 business days
after the date on which the service request is
submitted.
``SEC. 802. BROADBAND MAPS.
``(a) Rules.--
``(1) In general.--Not later than 180 days after the date
of enactment of this title, the Commission shall issue final
rules that shall--
``(A) require the biannual collection and
dissemination of granular data, as determined by the
Commission--
``(i) relating to the availability and
quality of service with respect to 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 individuals submitting non-public
or competitively sensitive information under
this title, can protect the security, privacy,
and confidentiality of that non-public or
competitively sensitive information,
including--
``(I) information contained in the
Fabric;
``(II) the dataset created under
subsection (b)(1)(A) supporting the
Fabric; and
``(III) the data submitted under
subsection (b)(2);
``(iii) the challenge process described in
subsection (b)(5); and
``(iv) the process described in section
804(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, 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 enters
into the contract 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; and
``(cc) the contract shall--
``(AA) prohibit the
entity described in
item (aa) from selling,
leasing, or otherwise
disclosing for monetary
consideration any
personally identifiable
information to any
other entity other than
for purposes authorized
under this title; and
``(BB) require the
entity described in
item (aa) to include in
any contract with any
other entity a
provision that
prohibits that other
entity from engaging in
an action that is
prohibited under
subitem (AA).
``(B) Fabric.--The rules issued by the Commission
under subsection (a)(1) shall establish the Broadband
Serviceable Location Fabric, which shall--
``(i) contain geocoded information for each
location identified under subparagraph (A)(i);
``(ii) serve as the foundation upon which
all data relating to the availability of fixed
broadband internet access service collected
under paragraph (2)(A) shall be reported and
overlaid;
``(iii) be compatible with commonly used
GIS software; and
``(iv) at a minimum, be updated every 6
months by the Commission.
``(C) Implementation priority.--The Commission
shall prioritize implementing the Fabric for rural and
insular areas of the United States.
``(2) Collection of information.--The rules issued by the
Commission under subsection (a)(1) shall include uniform
standards for the reporting of broadband internet access
service data that the Commission shall collect--
``(A) from each provider of terrestrial fixed,
fixed wireless, or satellite broadband internet access
service, which shall include data that--
``(i) documents the areas where the
provider--
``(I) has actually built out the
broadband network infrastructure of the
provider such that the provider is able
to provide that service; and
``(II) could provide that service,
as determined by identifying where the
provider is capable of performing a
standard broadband installation, if
applicable;
``(ii) includes information regarding
download and upload speeds, at various
thresholds established by the Commission, and,
if applicable, latency with respect to
broadband internet access service that the
provider makes available;
``(iii) can be georeferenced to the GIS
data in the Fabric;
``(iv) the provider shall report as--
``(I) with respect to providers of
fixed wireless broadband internet
access service--
``(aa) propagation maps and
propagation model details
that--
``(AA) satisfy
standards that are
similar to those
applicable to providers
of mobile broadband
internet access service
under subparagraph (B)
with respect to
propagation maps and
propagation model
details, taking into
account material
differences between
fixed wireless and
mobile broadband
internet access
service; and
``(BB) reflect the
speeds and latency of
the service provided by
the provider; or
``(bb) a list of addresses
or locations that constitute
the service area of the
provider, except that the
Commission--
``(AA) may only
permit, and not
require, a provider to
report the data using
that means of
reporting; and
``(BB) in the rules
issued under subsection
(a)(1), shall provide a
method for using that
means of reporting with
respect to Tribal
areas; and
``(II) with respect to providers of
terrestrial fixed and satellite
broadband internet access service--
``(aa) polygon shapefiles;
or
``(bb) a list of addresses
or locations that constitute
the service area of the
provider, except that the
Commission--
``(AA) may only
permit, and not
require, a provider to
report the data using
that means of
reporting; and
``(BB) in the rules
issued under subsection
(a)(1), shall provide a
method for using that
means of reporting with
respect to Tribal
areas; and
``(v) the Commission determines is
appropriate with respect to certain
technologies in order to ensure that the
Broadband Map is granular and accurate; and
``(B) from each provider of mobile broadband
internet access service, which shall include
propagation maps and propagation model details that
indicate the current (as of the date on which the
information is collected) fourth generation Long-Term
Evolution (commonly referred to as `4G LTE') mobile
broadband internet access service coverage of the
provider, which shall--
``(i) take into consideration the effect of
clutter; and
``(ii) satisfy--
``(I) the requirements of having--
``(aa) a download speed of
not less than 5 megabits per
second and an upload speed of
not less than 1 megabit per
second with a cell edge
probability of not less than 90
percent; and
``(bb) cell loading of not
less than 50 percent; and
``(II) any other parameter that the
Commission determines to be necessary
to create a map under subsection
(c)(1)(C) that is more precise than the
map produced as a result of the
submissions under the Mobility Fund
Phase II information collection.
``(3) Update of reporting standards for mobile broadband
internet access service.--For the purposes of paragraph (2)(B),
if the Commission determines that the reporting standards under
that paragraph are insufficient to collect accurate propagation
maps and propagation model details with respect to future
generations of mobile broadband internet access service
technologies, the Commission shall immediately commence a rule
making to adopt new reporting standards with respect to those
technologies that--
``(A) shall be the functional equivalent of the
standards required under paragraph (2)(B); and
``(B) allow for the collection of propagation maps
and propagation model details that are as accurate and
granular as, or more accurate and granular than, the
maps and model details collected by the Commission
under paragraph (2)(B).
``(4) Certification and verification.--With respect to a
provider that submits information to the Commission under
paragraph (2)--
``(A) the provider shall include in each submission
a certification from a corporate officer of the
provider that the officer has examined the information
contained in the submission and that, to the best of
the officer's actual knowledge, information, and
belief, all statements of fact contained in the
submission are true and correct; and
``(B) the Commission shall verify the accuracy and
reliability of the information in accordance with
measures established by the Commission.
``(5) Challenge process.--
``(A) In general.--In the rules issued under
subsection (a), and subject to subparagraph (B), the
Commission shall establish a user-friendly challenge
process through which consumers, State, local, and
Tribal governmental entities, and other entities or
individuals may submit coverage data to the Commission
to challenge the accuracy of--
``(i) the coverage maps;
``(ii) any information submitted by a
provider regarding the availability of
broadband internet access service; or
``(iii) the information included in the
Fabric.
``(B) Considerations; verification; response to
challenges.--In establishing the challenge process
required under subparagraph (A), the Commission shall--
``(i) consider--
``(I) the types of information that
an entity or individual submitting a
challenge should provide to the
Commission in support of the challenge;
``(II) the appropriate level of
granularity for the information
described in subclause (I);
``(III) the need to mitigate the
time and expense incurred by, and the
administrative burdens placed on,
entities or individuals in--
``(aa) challenging the
accuracy of a coverage map; and
``(bb) responding to
challenges described in item
(aa);
``(IV) the costs to consumers and
providers resulting from a
misallocation of funds because of a
reliance on outdated or otherwise
inaccurate information in the coverage
maps;
``(V) any lessons learned from the
challenge process established under
Mobility Fund Phase II, as determined
from comments solicited by the
Commission; and
``(VI) the need for user-friendly
challenge submission formats that will
promote participation in the challenge
process;
``(ii) include a process for verifying the
data submitted through the challenge process in
order to ensure the reliability of that data;
``(iii) allow providers to respond to
challenges submitted through the challenge
process; and
``(iv) develop an online mechanism, which--
``(I) shall be integrated into the
coverage maps;
``(II) allows for an entity
described in subparagraph (A) to submit
a challenge under the challenge
process;
``(III) makes challenge data
available in both geographic
information system and non-geographic
information system formats; and
``(IV) clearly identifies the areas
in which broadband internet access
service is available, and the upload
and download speeds at which that
service is available, as reported to
the Commission under this section.
``(C) Use of challenges.--The rules issued to
establish the challenge process under subparagraph (A)
shall include--
``(i) a process for the speedy resolution
of challenges; and
``(ii) a process for the regular and
expeditious updating of the coverage maps and
granular data disseminated by the Commission as
challenges are resolved.
``(D) Report to congress.--Not earlier than 1 year,
and not later than 18 months, after the date on which
the rules issued under subsection (a)(1) take effect,
the Commission shall, after an opportunity for notice
and comment, 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--
``(i) evaluates the challenge process
described in subparagraph (A); and
``(ii) considers whether the Commission
should commence an inquiry on the need for
other tools to help--
``(I) identify potential
inaccuracies in the data relating to
broadband internet access service that
providers report; and
``(II) improve the accuracy of the
data described in subclause (I).
``(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--
``(I) to achieve the purposes of
this title; and
``(II) in a manner that--
``(aa) enables the
comparison of data and maps
produced before the
implementation of this title
with data and coverage maps
produced after the
implementation of this title;
and
``(bb) maintains the public
availability of data relating
to the deployment of broadband
internet access service; and
``(ii) harmonize reporting requirements and
procedures regarding the deployment of
broadband internet access service that are in
effect on the day before the date on which the
rules issued under subsection (a)(1) take
effect with those requirements and procedures
in those rules.
``(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.
``(7) Sharing data with ntia.--The Commission shall
establish a process to make the data collected under paragraph
(2) available to the National Telecommunications and
Information Administration.
``(c) Maps.--The Commission shall--
``(1) after consultation with the Federal Geographic Data
Committee established under section 753(a) of the Geospatial
Data Act of 2018, 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) after creating the maps under paragraph (1), use such
maps--
``(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 intended for use by residential and mobile
customers;
``(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) consult with--
``(A) the Secretary of Agriculture to enable the
Secretary of Agriculture to consult the maps created
under paragraph (1) when considering the awarding of
funds for the deployment of broadband internet access
service under any program administered by the
Administrator of the Rural Utilities Service; and
``(B) the National Telecommunications and
Information Administration to enable the Administration
to consult the maps created under paragraph (1) when
considering the awarding of funds for the deployment of
broadband internet access service under any future
program administered by the Administration;
``(5) make available to any Federal agency, upon request,
the maps created under paragraph (1); 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 the availability of broadband internet
access service and the quality of service with respect
to broadband internet access service.
``(d) Delayed Effective Date for Quality of Service Rules.--Any
requirement of a rule issued under subsection (a)(1) that relates to
quality of service shall take effect not earlier than the date that is
180 days after the date on which the Commission issues that rule.
``SEC. 803. ENFORCEMENT.
``It shall be unlawful for an entity or individual to willfully and
knowingly, or recklessly, submit information or data under this title
that is materially inaccurate or incomplete with respect to the
availability of broadband internet access service or the quality of
service with respect to broadband internet access service.
``SEC. 804. IMPROVING DATA ACCURACY.
``(a) Audits.--The Commission shall conduct regular audits of
information submitted to the Commission by providers under section
802(b)(2) to ensure that the providers are complying with this title.
``(b) Crowdsourcing.--
``(1) In general.--The Commission shall develop a process
through which entities or individuals in the United States may
submit specific information about the deployment and
availability of broadband internet access service in the United
States on an ongoing basis so that the information may be used
to verify and supplement information provided by providers of
broadband internet access service for inclusion in the maps
created under section 802(c)(1).
``(2) Collaboration.--As part of the efforts of the
Commission to facilitate the ability of entities and
individuals to submit information under paragraph (1), the
Commission shall--
``(A) prioritize the consideration of data provided
by data collection applications used by consumers that
the Commission has determined--
``(i) are highly reliable; and
``(ii) have proven methodologies for
determining network coverage and network
performance;
``(B) not later than 1 year after the date of
enactment of this title, conclude a process that tests
the feasibility of partnering with Federal agencies
that operate delivery fleet vehicles, including the
United States Postal Service, to facilitate the
collection and submission of information described in
that paragraph; and
``(C) not later than 14 months after the date of
enactment of this title, publish on the website of the
Commission, and 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 regarding the testing
described in subparagraph (B), which shall include--
``(i) a determination regarding whether the
partnerships with Federal agencies described in
that subparagraph are able to facilitate the
collection and submission of information
described in paragraph (1); and
``(ii) any steps that the Commission plans
to take to facilitate the partnerships
described in that subparagraph.
``(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 802(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 802(b)
in a timely and accurate manner.
``(e) Technical Assistance to State, Local, and Tribal Governments
and Consumers.--The Commission shall provide technical assistance to
consumers and State, local, and Tribal governmental entities with
respect to the challenge process established under section 802(b)(5),
which shall include--
``(1) detailed tutorials and webinars; and
``(2) the provision of staff of the Commission to provide
assistance, as needed, throughout the entirety of the challenge
process.
``(f) GAO Assessment of Fabric Source Data.--
``(1) In general.--The Comptroller General of the United
States shall conduct an assessment of key data sources that are
used for purposes of the Fabric to identify and geocode
locations where fixed broadband internet access service can be
installed in order for the Comptroller General to develop
recommendations for how the quality and completeness of those
data sources can be improved as data sources for the Fabric.
``(2) Sources included.--For the purposes of the assessment
conducted under paragraph (1), the key data sources described
in that paragraph shall include--
``(A) any relevant sources of Federal data,
including the National Address Database administered by
the Department of Transportation;
``(B) State- and county-level digitized parcel
data; and
``(C) property tax attribute recording.
``(3) Report.--Not later than 1 year after the date of
enactment of this title, the Comptroller General of the United
States 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 contains
the recommendations developed under paragraph (1).
``SEC. 805. COST.
``(a) USF.--The Commission may not use funds from the universal
service programs of the Commission established under section 254, and
the regulations issued under that section, to pay for any costs
associated with this title.
``(b) Other Funds.--The Commission may recover costs associated
with this title under section 9 to the extent provided for in an
appropriation Act, as required under subsection (a) of that section.
``SEC. 806. OTHER PROVISIONS.
``(a) OMB.--Notwithstanding any other provision of law, the initial
rule making required under section 802(a)(1) shall be exempt from
review by the Office of Management and Budget.
``(b) PRA.--Subchapter I of 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 802(a)(1).
``(c) Execution of Responsibilities.--Except, with respect to an
entity that is not the Universal Service Administrative Company, as
provided in section 802(a)(2)(B), section 802(b)(1)(A)(ii), and
subsections (c), (d), and (e) of section 804, the Commission--
``(1) including the offices of the Commission, shall carry
out the responsibilities assigned to the Commission under this
title; and
``(2) may not delegate any of the responsibilities assigned
to the Commission under this title to any third party,
including the Universal Service Administrative Company.
``(d) Reporting.--Each fiscal year, the Commission shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that summarizes the implementation of this
title and associated enforcement activities conducted during the
previous fiscal year.
``(e) Rule of Construction.--If the Commission, before the date of
enactment of this title, has taken an action that, in whole or in part,
implements this title, the Commission shall not be required to revisit
such action to the extent that such action is consistent with this
title.''.
Attest:
Clerk.
116th CONGRESS
2d Session
S. 1822
_______________________________________________________________________
AMENDMENT