[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1822 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1822

    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 SENATE OF THE UNITED STATES

                             June 12, 2019

  Mr. Wicker (for himself, Mr. Peters, Mr. Thune, and Ms. Klobuchar) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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) 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.
            (3) 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.
            (4) Clutter.--The term ``clutter'' means a natural or man-
        made surface feature that affects the propagation of a signal 
        from a base station.
            (5) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (6) Fabric.--The term ``Fabric'' means the Broadband 
        Serviceable Location Fabric established under section 
        3(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) 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).
            (9) 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.
            (10) Provider.--The term ``provider'' means a provider of 
        fixed or mobile broadband internet access service.
            (11) 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 viewed, edited, and mapped in 
                geographic information system software.
            (12) 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) allow for the collection by the Commission of 
                granular data--
                            (i) relating to the availability of 
                        terrestrial fixed, fixed wireless, satellite, 
                        and mobile broadband internet access service; 
                        and
                            (ii) that the Commission shall use to 
                        compile maps that depict the availability 
                        described in clause (i) (referred to in this 
                        section as ``coverage maps''), which the 
                        Commission shall make publicly available; and
                    (B) establish the challenge process described in 
                subsection (b)(4).
            (2) Other data.--In issuing the rules under paragraph (1), 
        the Commission shall consider whether to collect verified 
        coverage data 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; and
                    (B) other sources.
            (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; or
                    (C) verify the accuracy of data submitted under 
                subsection (b)(2).
    (b) Content of Rules.--
            (1) Establishment of a serviceable location fabric 
        regarding fixed broadband.--The rules issued by the Commission 
        under subsection (a)(1) shall--
                    (A) require the Commission to engage with an entity 
                with expertise with respect to geographic information 
                systems (referred to in this subsection as ``GIS'') to 
                create a common dataset of all locations in the United 
                States where fixed broadband internet access service 
                can be installed, as determined by the Commission;
                    (B) establish the Broadband Serviceable Location 
                Fabric, which shall--
                            (i) subject to subparagraph (C), contain 
                        geocoded information for each location 
                        identified under clause (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 overlaid;
                            (iii) be compatible with commonly used GIS 
                        software; and
                            (iv) at a minimum, be updated annually by 
                        the Commission to ensure that GIS location data 
                        is continuously improved and current; and
                    (C) prioritize implementing the Fabric for rural 
                areas of the United States before implementing the 
                Fabric for urban and suburban areas of the United 
                States.
            (2) Collection of information.--The rules issued by the 
        Commission under subsection (a)(1) shall provide that the 
        Commission shall collect--
                    (A) from each provider of terrestrial fixed, fixed 
                wireless, or satellite broadband internet access 
                service, data that--
                            (i) allows for an understanding of where a 
                        standard broadband installation can occur;
                            (ii) includes information regarding the 
                        download and upload speeds with respect to 
                        broadband internet access service that the 
                        provider makes available;
                            (iii) can be georeferenced to the GIS data 
                        in the Fabric regarding the service area of the 
                        provider; and
                            (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; and

                                                    (BB) reflect the 
                                                actual speeds and 
                                                latency asserted by the 
                                                provider; or

                                            (bb) a list of addresses or 
                                        locations that constitute the 
                                        service area of the provider, 
                                        except that the Commission may 
                                        only permit, and not require, a 
                                        provider to report the data 
                                        using that means of reporting; 
                                        and
                                    (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 may 
                                        only permit, and not require, a 
                                        provider to report the data 
                                        using that means of reporting; 
                                        and
                    (B) from each provider of mobile broadband internet 
                access service, propagation maps and propagation model 
                details that--
                            (i) indicate the current (as of the date on 
                        which the information is collected) mobile 
                        broadband internet access service coverage of 
                        the provider, taking into consideration the 
                        effect of clutter; and
                            (ii) satisfy minimum standards relating to 
                        speed, cell edge probability, and cell loading 
                        that exceed the standards that providers of 
                        mobile broadband internet access service were 
                        required to satisfy when making submissions 
                        under the Mobility Fund Phase II information 
                        collection.
            (3) Certification.--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 senior executive of the provider 
                that the senior executive has examined the information 
                contained in the submission and that, to the best of 
                the executive's knowledge, information, and belief, all 
                statements of fact contained in the submission are true 
                and correct; and
                    (B) the Commission shall verify the accuracy of the 
                information in accordance with measures established by 
                the Commission.
            (4) 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 
                coverage maps.
                    (B) Considerations; verification; response to 
                challenges.--In establishing the challenge process 
                required under subparagraph (A), the Commission shall--
                            (i) consider--
                                    (I) the information that an entity 
                                submitting a challenge under that 
                                process should be permitted to provide 
                                to the Commission;
                                    (II) the appropriate level of 
                                granularity with respect to the 
                                information submitted by an entity 
                                described in subclause (I);
                                    (III) the time and expense incurred 
                                by consumers and providers in 
                                challenging the accuracy of a coverage 
                                map; and
                                    (IV) the costs to consumers and 
                                providers resulting from a 
                                misallocation of funds for a period of 
                                more than 1 year because of a reliance 
                                on outdated or otherwise inaccurate 
                                information;
                            (ii) include a process for verifying the 
                        data submitted through the challenge process in 
                        order to ensure the reliability of that data; 
                        and
                            (iii) allow providers to respond to 
                        challenges submitted through the challenge 
                        process.
                    (C) Use of challenges.--The Commission shall use 
                data submitted through the challenge process 
                established under subparagraph (A) to evaluate the 
                accuracy of the coverage maps and update the maps as 
                the Commission adjudicates challenges brought through 
                that process.
            (5) Reform of form 477 process.--Not later than 180 days 
        after the date on which the rules issued under subsection (a) 
        take effect, the Commission shall reform--
                    (A) the Form 477 broadband deployment service 
                availability collection process of the Commission; and
                    (B) duplicative reporting requirements and 
                procedures regarding the availability of broadband 
                internet access service that, as of that date, are in 
                effect.
    (c) Maps.--The Commission shall--
            (1) compile--
                    (A) a map that depicts the availability of fixed 
                broadband internet access service, which shall reflect 
                data collected by the Commission from providers under 
                subsection (b)(2)(A), as refined and modified through 
                the adjudication of challenges submitted under 
                subsection (b)(4); and
                    (B) a map that depicts the availability of mobile 
                broadband internet access service, which shall reflect 
                data collected by the Commission from providers under 
                subsection (b)(2)(B), as refined and modified through 
                the adjudication of challenges submitted under 
                subsection (b)(4);
            (2) use the coverage maps--
                    (A) to determine the areas in which broadband 
                internet access service is and is not available; and
                    (B) before making any award of funding with respect 
                to the deployment of broadband internet access service; 
                and
            (3) update the coverage maps not less frequently than 
        annually using the most recent data collected from providers 
        under subsection (b)(2).

SEC. 4. 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.
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