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FCC RIN: 3060-AK93 Publication ID: Fall 2022 
Title: Establishing the Digital Opportunity Data Collection; WC Docket Nos. 19-195 and 11-10 
Abstract:

In the Report and Order, the Federal Communications Commission (FCC), moving to better identify gaps in broadband coverage across the nation, initiated a new process for collecting fixed broadband data to better pinpoint where broadband service is lacking. The Report and Order concluded that there is a compelling and immediate need to develop more granular broadband deployment data to meet this goal and, accordingly, created the new Digital Opportunity Data Collection. 

The Digital Opportunity Data Collection will collect geospatial broadband coverage maps from fixed broadband Internet service providers of areas where they make fixed service available. This geospatial data will facilitate development of granular, high-quality fixed broadband deployment maps, which should improve the FCC’s ability to target support for broadband expansion through the agency’s Universal Service Fund programs. The Report and Order also adopts a process to collect public input on the accuracy of service providers’ broadband maps, facilitated by a crowd-sourcing portal that will gather input from consumers as well as from state, local, and Tribal governments.

 The Second Further NPRM sought comment on additional technical standards for fixed broadband providers that could ensure greater precision for the Digital Opportunity Data Collection deployment reporting and on ways the Commission could incorporate crowdsourced and location-specific fixed broadband deployment data into this new data collection.  The Second Further NPRM also sought comment on incorporating the collection of accurate, reliable mobile wireless voice and broadband coverage data into the Digital Opportunity Data Collection.  In addition, the Second Further NPRM sought comment on sunsetting the Form 477 broadband deployment collection following the creation of the Digital Opportunity Data Collection.

The Second Report and Order established requirements for: (1) collecting fixed broadband availability and quality of service data; (2) collecting mobile broadband deployment data, including the submission of standardized propagation maps, propagation model details, and infrastructure information; (3) establishing a common dataset of all locations in the United States where fixed broadband service can be installed; (4) verifying the accuracy of broadband availability data; (5) collecting crowdsourced data; (6) enforcing the requirements of the Broadband DATA Act; (7) creating coverage maps from the data submitted; and (8) ensuring the privacy, confidentiality, and security of information submitted by broadband providers.

The Third Further NPRM sought comment on a range of additional measures to implement the requirements of the Broadband DATA Act, including additional processes for verifying broadband availability data submitted by providers, the development of a challenge process, and FCC Form 477 reforms.

The Third Report and Order specified which fixed and mobile broadband Internet access service providers are required to report broadband availability data and expanded the reporting and certification requirements for certain fixed and mobile broadband filers in order to ensure that Commission staff have the necessary tools to assess the quality and accuracy of its broadband coverage maps.  The Third Report and Order also adopted standards for collecting verified broadband data from State, local, and Tribal entities and certain third parties and adopted processes for submitting challenges to fixed and mobile coverage map data and data in the location Fabric, along with processes for providers to respond to such challenges.  In addition, the Third Report and Order established standards for identifying locations that will be included in the broadband serviceable locations Fabric and for enforcement of the requirements associated with the Digital Opportunity Data Collection.

On July 16, 2021, the Wireless Telecommunications Bureau, Office of Economics and Analytics, and Office of Engineering and Technology 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 (formerly known as the Digital Opportunity Data Collection).  Deadlines for filing comments and reply comments have been set for September 10, 2021, and September 27, 2021, respectively.

On February 22, 2022, the Task Force and OEA released a Public Notice announcing the filing deadline for the inaugural Broadband Data Collection, as required by the Commission in the July 2020 Second Report and Order.

On March 4, 2022, the Task Force and OEA published data specifications related to the biannual submission of subscription, availability, and supporting data for the Broadband Data Collection (BDC).  The specifications set forth how data files required for the BDC must be formatted for submission in the BDC system, which fields the files should contain, and the data type of each field.

On March 9, 2022, the Task Force, OEA, the Wireless Telecommunications Bureau, and the Office of Engineering and Technology released the BDC Mobile Technical Requirements Order , which adopts technical requirements to implement the BDC mobile challenge, verification, and crowdsourcing processes.  Specifically, the Order (1) adopts detailed processes for mobile providers to respond to challenges, for the Commission to initiate a verification request to a service provider, and for providers to respond to verification requests to confirm broadband coverage in areas they claim have service; (2) sets forth the parameters and metrics that must be collected both for on-the-ground test data to support challenge submissions, rebuttals to cognizable challenges, and responses to verification requests, and for infrastructure information to support challenge rebuttals and responses to verification requests; and (3) describes the methodology staff will use in determining when a critical mass of” crowdsourced filings suggests that a provider has submitted inaccurate or incomplete data.  The Task Force, OEA, and WTB also published two data specifications that provide additional detail about the technical elements of the data to be collected as part of the mobile challenge, verification, and crowdsource processes.  The Data Specifications for Mobile Speed Test Data provides information on the on-the-ground speed test data that must be collected and reported by approved third-party mobile speed test apps that consumers will use to run crowdsource or challenge speed tests and submit those test results to the Commission’s BDC system; other entities participating in the BDC mobile challenge process or collecting crowdsource data; and service providers responding to mobile challenges or verification inquiries.  The Data Specifications for Provider Infrastructure Data in the Mobile Challenge and Mobile Verification Process specifies the data files that mobile service providers must submit when they choose to respond to a mobile challenge or verification inquiry with infrastructure data.

On April 14, 2022, the Task Force and OET released a Public Notice announcing procedures for approval of third-party mobile speed test applications for use in the BDC.

Also on April 14, 2022, the Task Force, WCB, WTB, OEA, and OET released a Public Notice providing details on the procedures for state, local, and Tribal governmental entities to submit verified availability data through the BDC system.

Additionally, on April 14, 2022, the Task Force, WCB, and OEA released a Public Notice announcing that fixed broadband service providers may access a preliminary version of the Fabric to assist them in preparing their broadband availability data in preparation for the inaugural BDC filing window beginning on June 30.

On May 13, 2022, the Competitive Carriers Association (CCA) filed a Petition for Declaratory Ruling or Limited Waiver (Petition) requesting that the Commission issue a declaratory ruling or clarify that the 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.  On May 17, 2022, the Task Force, WTB, WCB, and OEA released a Public Notice seeking comment on CCA’s Petition.  On July 8, 2022, WTB, WCB, and OEA released a Declaratory Ruling and Limited Waiver clarifying the engineering rule and issuing a limited waiver of the engineering certification requirement.

On May 31, 2022, the Task Force launched an online help center and other new resources to help Internet service providers and other filers of verified broadband availability data prepare their submissions for the inaugural BDC filing window.  The new resources include video tutorials, technical assistance information, and an option to request additional assistance.

On June 15, 2022, the FCC Enforcement Bureau issued an Enforcement Advisory reminding all facilities-based broadband Internet service providers of their duty to timely file complete and accurate data in the BDC by September 1, 2022.

On June 23, 2022, the Task Force, WCB, and OEA released a Public Notice announcing that the Fabric that will be used for the inaugural BDC is now available for broadband service providers and governmental entities to access.

Also on June 23, 2022, the Task Force released a Public Notice announcing early access to portions of the BDC system for filers to register in advance of the opening of the initial filing window.

On June 30, 2022, the Task Force released a Public Notice announcing the opening of the inaugural BDC filing window.

On July 1, 2022, the Task Force, WCB, and OEA released a Public Notice announcing the release of the document Data Specifications for Bulk Fabric Challenge Data and providing further details on which locations are considered Broadband Serviceable Locations.

On September 1, 2022, the Task Force, WCB, and OEA released a Public Notice announcing that as of September 12, 2022, state, local, and Tribal governments, service providers, and other entities can begin to file bulk challenges to data in the Fabric.

On September 15, 2022, the Task Force, WCB, and OEA issued a Public Notice announcing the release of the document Data Specifications for Bulk Fixed Availability Challenge and Crowdsource Data , which provides guidance as to the requirements in the Commission’s rules and orders for filing bulk challenges, as well as bulk crowdsource information, to the fixed broadband availability data that will be published on the FCC’s Broadband Maps as part of the BDC.

Also on September 15, 2022, the Task Force, WTB, OEA, and OET issued a Public Notice establishing procedures for mobile wireless broadband service providers, governmental entities, and other third parties to use their own hardware and software to submit on-the-ground speed test data as part of the mobile challenge and verification processes as part of the BDC.

 
Agency: Federal Communications Commission(FCC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  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 
Public Notice  07/16/2021  86 FR 40398   
Public Notice Comment Period End  09/27/2021 
Order  03/09/2022 
Next Action Undetermined  To Be Determined 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses, Organizations 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
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