[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Proposed Rules]
[Pages 31833-31834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11193]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WC Docket No. 19-195, DA 22-543; FR ID 88208]


Broadband Data Task Force, Wireless Telecommunications Bureau, 
Wireline Competition Bureau, and Office of Economics and Analytics Seek 
Comment on Competitive Carriers Association Petition for Declaratory 
Ruling or Limited Waiver Regarding the Requirement for a Certified 
Professional Engineer To Certify Broadband Data Collection Maps

AGENCY: Federal Communications Commission.

ACTION: Petition for Declaratory Ruling and Limited Waiver; request for 
comments.

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SUMMARY: In this document, the Broadband Data Task Force (BDTF), 
Wireless Telecommunications Bureau (WTB), the Wireline Competition 
Bureau (WCB), and the Office of Economics and Analytics (OEA) seek 
comment on a Petition for Declaratory Ruling or Limited Waiver filed by 
the Competitive Carriers Association (CCA) requesting that the 
Commission issue a declaratory ruling to clarify that Broadband Data 
Collection (BDC) filings may be certified by a qualified professional 
engineer or an otherwise-qualified engineer that is not a licensed 
professional engineer accredited by a state licensure board.

DATES: Comments are due on or before June 8, 2022. Reply Comments are 
due on or before June 15, 2022.

ADDRESSES: You may submit comments, identified by WC Docket No. 19-195, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
     Filings can be sent by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, 
and Priority mail must be addressed to 45 L Street NE, Washington, DC 
20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19.
    People with Disabilities. To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Government Affairs Bureau at 202-418-0530 (voice, 202-418-
0432 (tty).

FOR FURTHER INFORMATION CONTACT: Will Holloway, 
[email protected], Wireless Telecommunications Bureau, or Kirk 
Burgee, [email protected], Wireline Competition Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice in WC Docket No 19-195, DA 22-543, released on May 17, 2022. The 
full text of this document is available for public inspection and can 
be downloaded at https://www.fcc.gov/document/bdtf-wtb-wcb-and-oea-seek-comment-petition-filed-cca or by using the Commission's ECFS web 
page at www.fcc.gov/ecfs.

Ex Parte Rules

    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must: (1) List all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made; and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda, or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments,

[[Page 31834]]

memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with Sec.  1.1206(b) 
of the Commission's rules. In proceedings governed by Sec.  1.49(f) of 
the rules or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml., .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Synopsis

    On May 13, 2022, the Competitive Carriers Association (CCA) filed a 
Petition for Declaratory Ruling or Limited Waiver asking the Commission 
to clarify that Broadband Data Collection (BDC) filings may be 
certified by a qualified professional engineer or an otherwise-
qualified engineer that is not a licensed professional engineer 
accredited by a state licensure board. The Commission's rules require 
that an engineer review and certify the accuracy of the broadband 
availability data submitted by mobile and fixed providers as part of 
the BDC. In particular, the Commission requires each mobile and fixed 
service provider to include certifications as to the accuracy of its 
data submissions by a certified professional engineer or corporate 
engineering officer, in which the engineer certifies ``that he or she 
has examined the information contained in the submission and that, to 
the best of the engineer's actual knowledge, information, and belief, 
all statements of fact contained in the submission are true and correct 
and in accordance with the service provider's ordinary course of 
network design and engineering.'' This certification is in addition to 
the corporate officer certification required by the Broadband DATA Act. 
For government and other third-party entities that submit verified 
broadband availability data, the engineering certification must also 
include a certification by a certified professional engineer that he or 
she is employed by the government or other third-party entity 
submitting the verified broadband availability data and has direct 
knowledge of, or responsibility for, the generation of the government 
or other entity's Broadband Data Collection coverage maps.
    In its petition, CCA asserts that the ``experience and expertise 
developed by [Radio Frequency (RF)] engineers through their work 
provides comprehensive skills relevant to broadband deployment [and] 
provides skills comparable to, and perhaps more relevant than, general 
licensure through the PE . . . exam process.'' CCA therefore requests 
that the Commission clarify that the requirement in 47 CFR 1.7004(d) 
that all providers must include as part of their BDC filing a 
certification of the accuracy of its submissions by a certified 
professional engineer may be completed by either a licensed 
professional engineer or an otherwise qualified engineer who possesses 
the appropriate engineering expertise but does not hold a professional 
engineer license. Additionally, CCA requests that the Commission 
clarify that the term ``corporate engineering officer'' may be any 
employee who has ``direct knowledge'' and is ``responsible for'' the 
carrier's network design and construction and who possesses a Bachelor 
of Science degree in Engineering. Alternatively, CCA requests a limited 
waiver of the requirement that BDC data be certified by a licensed 
professional engineer, and instead allow mobile providers to certify 
their data with an RF engineering professional with specified 
qualifications that are directly relevant to broadband availability 
assessment. CCA recommends that if the Commission seeks to specify 
qualification standards or requirements for engineers to certify 
broadband availability, it should adopt standards that specifically 
relate to broadband availability assessment, such as academic and 
employment experience, RF and propagation modeling experience, and 
knowledge relevant to wireless carriers' networks.

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2022-11193 Filed 5-24-22; 8:45 am]
BILLING CODE 6712-01-P