Sec. 3. Broadband maps
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/bill/116/hr/4229/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of enactment of this Act, the Commission shall issue final rules that shall— in a manner that balances public access to data with adequate protections for privacy and for confidential or competitively sensitive information, require the collection and dissemination of granular data, as determined by the Commission— relating to the availability and quality of service of terrestrial fixed, fixed wireless, satellite, and mobile broadband internet access service; and 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 establish— processes through which the Commission can verify the accuracy of data submitted under subsection (b)(2); processes and procedures through which the Commission, and, as necessary, other entities or persons submitting information under this Act, can protect the security, privacy, and confidentiality of— information contained in the Fabric; the dataset created under subsection (b)(1) supporting the Fabric; and the data submitted under subsection (b)(2); the challenge process described in subsection (b)(5); and the process described in section 4(b).
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— 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; third parties, including industry analysis mapping or tracking broadband internet access service coverage and quality of service, if the Commission determines that it is in the public interest to use such data in— the development of the coverage maps; or the verification of data submitted under subsection (b); and other Federal agencies.
The Commission shall revise the rules issued under paragraph
(1)to— reflect changes in technology; ensure the accuracy of propagation models, as further provided in subsection (b)(3); and improve the usefulness of the coverage maps. 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. 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). A contract into which the Commission enters under subclause
(I)shall in all respects comply with applicable provisions of the Federal Acquisition Regulation. With respect to a contract into which the Commission enters under subclause (I)— the entity with which the Commission contracts shall be selected through a competitive bid process that is transparent and open; and the contract shall be for a term of not longer than 5 years, after which the Commission may enter into a new contract— with an entity, and for the purposes, described in clause (i); and that complies with the requirements under subclause
(II)and this subclause. The rules issued by the Commission under subsection (a)(1) shall establish the Broadband Serviceable Location Fabric, which shall— contain geocoded information for each location identified under subparagraph (A)(i); 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; be compatible with commonly used GIS software; and at a minimum, be updated every 6 months by the Commission. The Commission shall prioritize implementing the Fabric for rural and insular areas of the United States. 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— from each provider of terrestrial fixed, fixed wireless, or satellite broadband internet access service, which shall include data that— documents the areas where the provider— has actually built out the broadband network infrastructure of the provider such that the provider is able to provide that service; and could provide that service, as determined by identifying where the provider is capable of performing a standard broadband installation, if applicable; 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; can be georeferenced to the GIS data in the Fabric; the provider shall report as— with respect to providers of fixed wireless broadband internet access service— propagation maps and propagation model details that— 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 fixed wireless and mobile broadband internet access service; and reflect the speeds and latency of the service provided by the provider; or a list of addresses or locations that constitute the service area of the provider, except that the Commission— may only permit, and not require, a provider to report the data using that means of reporting; and in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and with respect to providers of terrestrial fixed and satellite broadband internet access service— polygon shapefiles; or a list of addresses or locations that constitute the service area of the provider, except that the Commission— may only permit, and not require, a provider to report the data using that means of reporting; and in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and the Commission determines is appropriate with respect to certain technologies in order to ensure that the Broadband Map is granular and accurate; and from each provider of mobile broadband internet access service, which shall include propagation maps, and the propagation models on which those maps are based, 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— take into consideration the effect of clutter; and satisfy— the requirements of having— a download speed of 5 megabits per second and an upload speed of 1 megabit per second with a cell edge probability of not less than 90 percent; and cell loading of 50 percent; and 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. 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 rulemaking to adopt new reporting standards with respect to those technologies that— shall be the functional equivalent of the standards required under paragraph (2)(B); and 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 such paragraph (2)(B). With respect to a provider that submits information to the Commission under paragraph (2)— 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 the Commission shall verify the accuracy and reliability of the information in accordance with measures established by the Commission. 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 may submit coverage data to the Commission to challenge the accuracy of— the coverage maps; any information submitted by a provider regarding the availability of broadband internet access service; or the information included in the Fabric. In establishing the challenge process required under subparagraph (A), the Commission shall— consider— the types of information that an entity submitting a challenge should provide to the Commission in support of the challenge; the appropriate level of granularity for the information described in subclause (I); the need to mitigate the time and expense incurred by, and the administrative burdens placed on, entities in— challenging the accuracy of a coverage map; and responding to challenges described in item (aa); and 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; include a process for verifying the data submitted through the challenge process in order to ensure the reliability of that data; allow providers to respond to challenges submitted through the challenge process; and develop an online mechanism, which— shall be integrated into the coverage maps; and allows for an entity described in subparagraph
(A)to submit a challenge under the challenge process. The rules issued to establish the challenge process under subparagraph
(A)shall include— a process for the speedy resolution of challenges; and a process for the regular and expeditious updating of the coverage maps and granular data the Commission disseminates as challenges are resolved. Not later than 180 days after the date on which the rules issued under subsection
(a)take effect, the Commission shall— reform the Form 477 broadband deployment service availability collection process of the Commission to achieve the purposes of this Act and in a manner that enables the comparison of data and maps produced before the implementation of this Act with data and coverage maps produced after the implementation of this Act; and harmonize reporting requirements and procedures regarding the deployment of broadband internet access service that, as of the date on which the rules issued under subsection
(a)take effect, are in effect. 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. The Commission shall— create— the Broadband Map, which shall depict— 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 the areas of the United States that remain unserved by providers; 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 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); use the maps created under paragraph (1)— to determine the areas in which terrestrial fixed, fixed wireless, mobile, and satellite broadband internet access service is and is not available; and when making any new award of funding with respect to the deployment of broadband internet access service; update the maps created under paragraph
(1)not less frequently than biannually using the most recent data collected from providers under subsection (b)(2); establish a process requiring the Department of Agriculture and the National Telecommunications and Information Administration to consult the maps created under paragraph
(1)when, as of the date on which the process is established or on any future date, distributing funds relating to the deployment of broadband internet access service under any program administered by the Rural Utilities Service or the Administration, respectively; establish a process to make the data collected under subsection (b)(2) available to the National Telecommunications and Information Administration; and make public at an appropriate level of granularity— the maps created under paragraph (1); and the data collected by the Commission with respect to broadband internet access service availability and quality of service. Any requirement of a rule relating to quality of service issued under subsection
(a)shall take effect not earlier than the date that is 180 days after the date on which the Commission issues such rule.