[Congressional Record Volume 165, Number 206 (Thursday, December 19, 2019)]
[Senate]
[Pages S7215-S7218]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1268. Mr. WICKER proposed an amendment to the bill 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; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Deployment
Accuracy and Technological
[[Page S7216]]
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
[[Page S7217]]
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) use the maps created under paragraph (1)--
[[Page S7218]]
``(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) 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.--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 as provided in
section 802(b)(1)(A)(ii), 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.''.
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