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FCC RIN: 3060-AK93 Publication ID: Spring 2024 
Title: Establishing the Digital Opportunity Data Collection; WC Docket Nos. 19-195 and 11-10 
Abstract:

The Commission has long recognized that precise, granular data on the availability of fixed and mobile broadband are vital to bringing digital opportunity to all Americans, no matter where they live, work, or travel. 

On March 23, 2020, the Broadband Deployment Accuracy and Technological Availability Act (Broadband DATA Act) was signed into law requiring the Commission to create a new set of broadband availability maps.  Among other things, the Broadband DATA Act requires the Commission to collect standardized, granular data on the availability and quality of both fixed and mobile broadband Internet access services, to create a common dataset of all locations where fixed broadband Internet access service can be installed (the Broadband Serviceable Location Fabric or Fabric), and to create publicly available coverage maps.  The Act further requires the Commission to establish processes for members of the public and other entities to (1) provide verified data for use in the coverage maps; (2) challenge the coverage maps, the broadband availability data submitted by broadband Internet access service providers (providers), and the Fabric; and (3) submit specific crowdsource information about the development and availability of broadband service.

In July 2020, implementing the Broadband DATA Act and building off of an August 2019 Report and Order and Notice of Proposed Rulemaking, the Commission adopted a Second Report and Order and Third Further Notice of Proposed Rulemaking that adopted rules for the collection and verification of improved, more precise data on both fixed and mobile broadband availability.  In January 2021, the Commission adopted a Third Report and Order establishing new requirements for the BDC and took additional steps to implement the Broadband DATA Act.  The Third Report and Order adopted rules to specify which fixed and mobile providers are required to report broadband availability data and expanded the reporting and certification requirements for filing data in the BDC.  It also adopted standards for collecting verified broadband data from State, local, and Tribal governmental entities and certain third parties, and for identifying locations that would be included in the Fabric.  Importantly, the Commission also established processes for verifying the accuracy of provider submitted data and the Fabric, including challenge processes which invite input from the public and other stakeholders in order to improve the accuracy of the maps.

To implement the Broadband DATA Act and these new rules, the Commission created a new data platform and system to collect and map availability data collected from over 2,500 providers and for consumers and other stakeholders to submit challenges to that data; created a Fabric dataset of locations upon which to overlay provider availability data; and established a dedicated help center to provide technical assistance to providers, consumers, and other stakeholders.

In July 2021, the Wireless Telecommunications Bureau (WTB), Office of Economics and Analytics (OEA), and Office of Engineering and Technology (OET) released a Public Notice seeking comment on the technical requirements for the mobile challenge, verification, and crowdsourcing processes required under the Broadband DATA Act for the new Broadband Data Collection (BDC).  In March 2022, the Broadband Data Task Force (Task Force), WTB, OEA, and OET released a detailed order, technical appendix, rules, and technical data specifications setting forth technical requirements and specifications for the mobile challenge, verification, and crowdsource processes required by the Act.

To clarify the Commission's rules for filing data in the BDC, in July 2022, WCB, WTB, OEA, and the Task Force issued a Declaratory Ruling on certain aspects of a rule regarding the engineering certification in BDC filings and issued a limited waiver of the requirement that providers have an engineer certification their biannual BDC filings for the first three filing cycles of the BDC.  The Task Force adopted an Order in November 2023 to extend the waiver, with new conditions, for an additional three filing periods.  In addition, staff worked closely with ISPs to ensure that they were equipped with the technical information and training to participate in the BDC's complex data collection by effectively and accurately reporting where they do, and do not, offer internet services.  FCC staff and its contractors made phone calls and sent a series of e-mails to every ISP that previously filed Form 477 data to remind them of their obligation to file data by September 1, 2022 - the initial filing deadline - and to make them aware of the many technical assistance resources that the FCC has made available, including filing instructions, FAQs, knowledge base articles, web tutorials, filing workshops, and a dedicated BDC Help Center offering both Tier 1 and Tier 2 support to entities seeking to file availability data or challenges including GIS support.  Additionally, FCC staff has attended numerous conferences, ex parte meetings, and conference calls with individual providers and industry organizations.

In November 2022, the Commission released a pre-production draft of its new National Broadband Map displaying version 1 of the Fabric overlayed with provider reported availability data as of June 30, 2022.  The new map is the most comprehensive, granular, and standardized data the Commission has ever published on broadband availability.  This date also marked the beginning of the BDC processes by which consumers, governmental entities, and other third parties can file bulk and individual challenges to the fixed and mobile availability data and the Fabric data.  Updates to the National Broadband Map are iterative and ongoing.  The challenge processes will also continue on an ongoing basis in order to allow the public to provide input and help improve the accuracy of the National Broadband Map.

State, local, and Tribal governmental entities are encouraged to participation in the bulk challenge and crowdsource processes where the location or availability data on the map appeared imprecise.  To assist with this process, staff have hosted technical assistance workshops and video tutorials to assist parties seeking to file challenges to the Fabric and fixed and mobile availability data.  Additionally, the Task Force has released video tutorials and knowledge base articles to assist fixed and mobile providers with responding to challenges.

In December 2022, the Commission adopted and Order, to sunset the Form 477 broadband deployment data collection and eliminate a largely duplicative requirement on providers.  As a result, providers will no longer be required to submit Form 477 broadband deployment data, but must still submit broadband and voice subscription data using the FCC Form 477.  To further streamline the FCC's data collection efforts the BDC system allows filers to submit both their BDC data and 477 subscription data as a combined filing using a single interface.

 

 

 
Agency: Federal Communications Commission(FCC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 47 CFR 1.7000-1.7010   
Legal Authority: 47 U.S.C. 35 to 39    47 U.S.C. 154    47 U.S.C. 211    47 U.S.C. 219    47 U.S.C. 220    47 U.S.C. 402(b)2(B)    Pub. L. 104-104    47 U.S.C. 151-154    47 U.S.C. 157    47 U.S.C. 201    47 U.S.C. 254    47 U.S.C. 301    47 U.S.C. 303    47 U.S.C. 309    47 U.S.C. 319    47 U.S.C. 332    47 U.S.C. 641 to 646    Pub. L 116-130    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/03/2017  82 FR 40118   
NPRM Comment Period End  09/25/2017 
Report & Order   08/01/2019  84 FR 43705   
Second Further Notice of Proposed Rulemaking  08/01/2019  84 FR 43764   
Second Further NPRM Comment Period End  10/07/2019 
2nd R&O  07/16/2020  85 FR 50886   
3rd FNPRM   07/16/2020  85 FR 50911   
3rd FNPRM Comment Period End  09/08/2020 
3rd R&O  01/13/2021  86 FR 18124   
Public Notice  07/16/2021  86 FR 40398   
Public Notice Comment Period End  09/27/2021 
Order  03/09/2022  87 FR 21476   
Order  12/16/2022  87 FR 76949   
Order  11/30/2023 
Next Action Undetermined  To Be Determined 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: None 
Small Entities Affected: Businesses, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Related RINs: Related to 3060-AL42 
Agency Contact:
Michael Ray
Attorney
Federal Communications Commission
Wireline Competition Bureau, 45 L Street NE,
Washington, DC 20554
Phone:202 418-0357
Email: michael.ray@fcc.gov