[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Pages 57030-57031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17957]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WC Docket No. 19-195; DA 23-688; FR ID 164681]


Comment Sought on Petition for Extension of Waiver of the 
Requirement for a Certified Professional Engineer To Certify Broadband 
Data Collection Availability Data

AGENCY: Federal Communications Commission.

ACTION: Petition for extension of waiver; request for comments.

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SUMMARY: The Broadband Data Task Force, Wireless Telecommunications 
Bureau, Wireline Competition Bureau, and the Office of Economics and 
Analytics (Bureaus), seeks comment on a Petition for Extension of 
Waiver (Petition) requesting that the Bureaus renew for an additional 
three filing cycles the BDC Limited Waiver.

DATES: Comments are due on or before September 1, 2023, and reply 
comments are due on or before September 11, 2023.

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 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. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, 35 FCC Rcd 2788, 2788-89 (OS 2020).
    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.

FOR FURTHER INFORMATION CONTACT: For further information, please 
contact, Will Holloway, Broadband Data Task Force, at 
[email protected] or (202) 418-2334.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice in WC Docket No. 19-195, released on August 11, 2023. Due to the 
COVID-19 pandemic, the Commission's headquarters will be closed to the 
general public until further notice. The full text of this document is 
available at the following internet address: https://www.fcc.gov/document/comments-sought-petition-waiver-engineering-certification 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 
presenters 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, 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

    1. The Bureaus seek comment on a Petition filed by the Competitive 
Carriers Association (CCA) and USTelecom--The Broadband Association 
(USTelecom and, together with CCA, Petitioners). Petitioners request 
that the Bureaus renew for an additional three filing cycles the BDC 
Limited Waiver, which temporarily waives the requirement that Broadband 
Data Collections (BDC) filings be verified by a licensed Professional 
Engineer (PE), thus allowing BDC submissions to be certified by an 
otherwise qualified engineer who does not hold the PE credential.
    2. The Commission's rules require that a certified PE or a 
corporate engineering officer review and certify the accuracy of the 
broadband availability data submitted by mobile and fixed providers as 
part of the BDC. This requirement was adopted to ensure

[[Page 57031]]

that filers have engaged in the analysis necessary to meet Congress's 
objective of developing more accurate broadband coverage data. 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 PE 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 and the 
Commission's Second Order and Third Further Notice, 86 FR 18124, April 
7, 2021.
    3. In the July 2022 BDC Limited Waiver, the Bureaus found that 
granting a limited waiver of the rule was ``consistent with the policy 
objectives of the rule because providers will still be required, under 
the terms of the limited waiver the Commission adopted, to have an 
engineer review and certify their BDC submissions to help ensure the 
accuracy of the broadband data they submit'' and that the limited 
waiver ``only modifies the engineering certification requirement to 
allow providers to use otherwise-qualified engineers who are not 
certified PEs to make the required certifications.''
    4. Petitioners assert that the ``BDC process under the waiver has 
been effective, with no impact to the quality or accuracy of the BDC 
filings, and there remains an ongoing industry need for a waiver of the 
PE requirement.'' The Petition says the industry, particularly smaller 
providers, is still experiencing hardships regarding the scarcity of PE 
licensure in the workforce and continues to face ``significant 
challenges'' meeting the PE certification requirement. The Petition 
also asserts that broadband providers can provide accurate broadband 
data without certification by licensed PEs. Petitioners therefore 
request that the Commission renew or extend the BDC Limited Waiver, or 
otherwise grant a new waiver, of the requirement that BDC certification 
be completed by a licensed PE for three additional data filing cycles 
and continue to allow providers that do not have access to licensed PEs 
to certify data with an engineering professional with the same 
qualifications specified in the BDC Limited Waiver.
    5. The Commission seeks comment on these and other issues raised by 
the Petition as they may impact both fixed and mobile broadband service 
providers.

Federal Communications Commission.
Amy Brett,
Chief of Staff Wireless Telecommunications Bureau.
[FR Doc. 2023-17957 Filed 8-21-23; 8:45 am]
BILLING CODE 6712-01-P