[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1822 Reported in Senate (RS)]
<DOC>
Calendar No. 328
116th CONGRESS
1st Session
S. 1822
[Report No. 116-174]
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, Ms. Klobuchar, Mrs.
Capito, Mr. Gardner, Mr. Moran, Ms. Baldwin, Ms. Rosen, Ms. Sinema, Mr.
Young, Mr. Schatz, Mr. Tester, Ms. Duckworth, Mr. Udall, Mr. Markey,
Mrs. Blackburn, Mrs. Fischer, Mr. Blumenthal, Mrs. Hyde-Smith, Mr.
Sullivan, Mr. King, Mr. Barrasso, Mr. Cramer, Mr. Van Hollen, Ms.
Cortez Masto, Mr. Burr, Mr. Risch, Mr. Tillis, Ms. McSally, Mr. Crapo,
Mr. Boozman, Ms. Collins, Ms. Hassan, Ms. Smith, Mr. Cotton, Mr.
Durbin, Mr. Hoeven, Mr. Sanders, Mr. Perdue, Mrs. Murray, Mr. Brown,
Mr. Cardin, Mr. Lankford, Mr. Cornyn, Mr. Merkley, Mrs. Shaheen, Ms.
Harris, Mrs. Gillibrand, Mr. Casey, Mr. Jones, Mr. Braun, Mr. Graham,
Ms. Hirono, Mr. Leahy, Ms. Warren, Mr. Coons, Ms. Ernst, Mr. Blunt, Mr.
Rubio, Mr. Scott of Florida, Ms. Stabenow, Mr. Manchin, Mr. Johnson,
Mr. Scott of South Carolina, Mr. Schumer, and Mr. Enzi) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
December 12, 2019
Reported by Mr. Wicker, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Broadband Deployment
Accuracy and Technological Availability Act'' or the ``Broadband DATA
Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Clutter.--The term ``clutter'' means a natural
or man-made surface feature that affects the propagation of a
signal from a base station.</DELETED>
<DELETED> (5) Commission.--The term ``Commission'' means the
Federal Communications Commission.</DELETED>
<DELETED> (6) Fabric.--The term ``Fabric'' means the
Broadband Serviceable Location Fabric established under section
3(b)(1)(B).</DELETED>
<DELETED> (7) Form 477.--The term ``Form 477'' means Form
477 of the Commission relating to local telephone competition
and broadband reporting.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (10) Provider.--The term ``provider'' means a
provider of fixed or mobile broadband internet access
service.</DELETED>
<DELETED> (11) Shapefile.--The term ``shapefile'' means a
digital storage format containing geospatial or location-based
data and attribute information--</DELETED>
<DELETED> (A) regarding the availability of
broadband internet access service; and</DELETED>
<DELETED> (B) that can viewed, edited, and mapped in
geographic information system software.</DELETED>
<DELETED> (12) Standard broadband installation.--The term
``standard broadband installation''--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. BROADBAND MAPS.</DELETED>
<DELETED> (a) Rules.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Commission shall issue final
rules that shall--</DELETED>
<DELETED> (A) allow for the collection by the
Commission of granular data--</DELETED>
<DELETED> (i) relating to the availability
of terrestrial fixed, fixed wireless,
satellite, and mobile broadband internet access
service; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) establish the challenge process
described in subsection (b)(4).</DELETED>
<DELETED> (2) Other data.--In issuing the rules under
paragraph (1), the Commission shall consider whether to collect
verified coverage data from--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) other sources.</DELETED>
<DELETED> (3) Updates.--The Commission shall revise the
rules issued under paragraph (1) to--</DELETED>
<DELETED> (A) reflect changes in
technology;</DELETED>
<DELETED> (B) ensure the accuracy of propagation
models; or</DELETED>
<DELETED> (C) verify the accuracy of data submitted
under subsection (b)(2).</DELETED>
<DELETED> (b) Content of Rules.--</DELETED>
<DELETED> (1) Establishment of a serviceable location fabric
regarding fixed broadband.--The rules issued by the Commission
under subsection (a)(1) shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) establish the Broadband Serviceable
Location Fabric, which shall--</DELETED>
<DELETED> (i) subject to subparagraph (C),
contain geocoded information for each location
identified under clause (i);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iii) be compatible with commonly
used GIS software; and</DELETED>
<DELETED> (iv) at a minimum, be updated
annually by the Commission to ensure that GIS
location data is continuously improved and
current; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Collection of information.--The rules issued
by the Commission under subsection (a)(1) shall provide that
the Commission shall collect--</DELETED>
<DELETED> (A) from each provider of terrestrial
fixed, fixed wireless, or satellite broadband internet
access service, data that--</DELETED>
<DELETED> (i) allows for an understanding of
where a standard broadband installation can
occur;</DELETED>
<DELETED> (ii) includes information
regarding the download and upload speeds with
respect to broadband internet access service
that the provider makes available;</DELETED>
<DELETED> (iii) can be georeferenced to the
GIS data in the Fabric regarding the service
area of the provider; and</DELETED>
<DELETED> (iv) the provider shall report
as--</DELETED>
<DELETED> (I) with respect to
providers of fixed wireless broadband
internet access service--</DELETED>
<DELETED> (aa) propagation
maps and propagation model
details that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (BB)
reflect the actual
speeds and latency
asserted by the
provider; or</DELETED>
<DELETED> (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</DELETED>
<DELETED> (II) with respect to
providers of terrestrial fixed and
satellite broadband internet access
service--</DELETED>
<DELETED> (aa) polygon
shapefiles; or</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) from each provider of mobile broadband
internet access service, propagation maps and
propagation model details that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Certification.--With respect to a provider
that submits information to the Commission under paragraph
(2)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the Commission shall verify the
accuracy of the information in accordance with measures
established by the Commission.</DELETED>
<DELETED> (4) Challenge process.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Considerations; verification; response
to challenges.--In establishing the challenge process
required under subparagraph (A), the Commission shall--
</DELETED>
<DELETED> (i) consider--</DELETED>
<DELETED> (I) the information that
an entity submitting a challenge under
that process should be permitted to
provide to the Commission;</DELETED>
<DELETED> (II) the appropriate level
of granularity with respect to the
information submitted by an entity
described in subclause (I);</DELETED>
<DELETED> (III) the time and expense
incurred by consumers and providers in
challenging the accuracy of a coverage
map; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (ii) include a process for
verifying the data submitted through the
challenge process in order to ensure the
reliability of that data; and</DELETED>
<DELETED> (iii) allow providers to respond
to challenges submitted through the challenge
process.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) the Form 477 broadband deployment
service availability collection process of the
Commission; and</DELETED>
<DELETED> (B) duplicative reporting requirements and
procedures regarding the availability of broadband
internet access service that, as of that date, are in
effect.</DELETED>
<DELETED> (c) Maps.--The Commission shall--</DELETED>
<DELETED> (1) compile--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (2) use the coverage maps--</DELETED>
<DELETED> (A) to determine the areas in which
broadband internet access service is and is not
available; and</DELETED>
<DELETED> (B) before making any award of funding
with respect to the deployment of broadband internet
access service; and</DELETED>
<DELETED> (3) update the coverage maps not less frequently
than annually using the most recent data collected from
providers under subsection (b)(2).</DELETED>
<DELETED>SEC. 4. ENFORCEMENT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Penalty.--Any person that violates subsection (a)
shall be subject to an appropriate penalty, as determined by the
Commission, under--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) the rules of the Commission.</DELETED>
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) 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 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
accurate and granular data, not less frequently than
biannually--
(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 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 5(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 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
subclause (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 annually 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 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 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 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 make the process
consistent with this Act and the rules issued
under this Act; and
(ii) remove duplicative reporting
requirements and procedures regarding the
deployment of broadband internet access service
that, as of that date, 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; and
(5) establish a process to make the data collected under
subsection (b)(2) available to the National Telecommunications
and Information Administration.
SEC. 4. ENFORCEMENT.
(a) In General.--It shall be unlawful for a person or entity to
willfully and knowingly, or recklessly, submit information or data
under this Act that is materially inaccurate or incomplete with respect
to the availability of broadband internet access service.
(b) Violations.--A violation of this Act shall be treated as a
violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.),
and the Commission shall enforce this Act in the same manner, by the
same means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of that Act were
incorporated into and made a part of this Act.
SEC. 5. 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. 6. 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. 159) to the extent provided for in an
appropriation Act, as required under subsection (a) of that
section.
SEC. 7. OTHER PROVISIONS.
(a) OMB.--Notwithstanding any other provision of law, the initial
rule making 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 rule making 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.
Calendar No. 328
116th CONGRESS
1st Session
S. 1822
[Report No. 116-174]
_______________________________________________________________________
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.
_______________________________________________________________________
December 12, 2019
Reported with an amendment