Sec. 3. Broadband maps
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/bill/116/s/1822/is/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— allow for the collection by the Commission of granular data— relating to the availability of terrestrial fixed, fixed wireless, satellite, and mobile broadband internet access service; and that the Commission shall use to compile maps that depict the availability described in clause
(i)(referred to in this section as coverage maps ), which the Commission shall make publicly available; and establish the challenge process described in subsection (b)(4). In issuing the rules under paragraph (1), the Commission shall consider whether to collect verified coverage data 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; and other sources. The Commission shall revise the rules issued under paragraph
(1)to— reflect changes in technology; ensure the accuracy of propagation models; or verify the accuracy of data submitted under subsection (b)(2). The rules issued by the Commission under subsection (a)(1) shall— require the Commission to engage with an entity with expertise with respect to geographic information systems (referred to in this subsection as GIS ) to 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; establish the Broadband Serviceable Location Fabric, which shall— subject to subparagraph (C), contain geocoded information for each location identified under clause (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 overlaid; be compatible with commonly used GIS software; and at a minimum, be updated annually by the Commission to ensure that GIS location data is continuously improved and current; and prioritize implementing the Fabric for rural areas of the United States before implementing the Fabric for urban and suburban areas of the United States. The rules issued by the Commission under subsection (a)(1) shall provide that the Commission shall collect— from each provider of terrestrial fixed, fixed wireless, or satellite broadband internet access service, data that— allows for an understanding of where a standard broadband installation can occur; includes information regarding the download and upload speeds with respect to broadband internet access service that the provider makes available; can be georeferenced to the GIS data in the Fabric regarding the service area of the provider; and 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; and reflect the actual speeds and latency asserted 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 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 from each provider of mobile broadband internet access service, propagation maps and propagation model details that— indicate the current (as of the date on which the information is collected) mobile broadband internet access service coverage of the provider, taking into consideration the effect of clutter; and satisfy minimum standards relating to speed, cell edge probability, and cell loading that exceed the standards that providers of mobile broadband internet access service were required to satisfy when making submissions under the Mobility Fund Phase II information collection. 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 senior executive of the provider that the senior executive has examined the information contained in the submission and that, to the best of the executive’s knowledge, information, and belief, all statements of fact contained in the submission are true and correct; and the Commission shall verify the accuracy 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 coverage maps. In establishing the challenge process required under subparagraph (A), the Commission shall— consider— the information that an entity submitting a challenge under that process should be permitted to provide to the Commission; the appropriate level of granularity with respect to the information submitted by an entity described in subclause (I); the time and expense incurred by consumers and providers in challenging the accuracy of a coverage map; and the costs to consumers and providers resulting from a misallocation of funds for a period of more than 1 year because of a reliance on outdated or otherwise inaccurate information; include a process for verifying the data submitted through the challenge process in order to ensure the reliability of that data; and allow providers to respond to challenges submitted through the challenge process. The Commission shall use data submitted through the challenge process established under subparagraph
(A)to evaluate the accuracy of the coverage maps and update the maps as the Commission adjudicates challenges brought through that process. 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; and duplicative reporting requirements and procedures regarding the availability of broadband internet access service that, as of that date, are in effect. The Commission shall— compile— a map that depicts the availability of fixed broadband internet access service, which shall reflect data collected by the Commission from providers under subsection (b)(2)(A), as refined and modified through the adjudication of challenges submitted under subsection (b)(4); and a map that depicts the availability of mobile broadband internet access service, which shall reflect data collected by the Commission from providers under subsection (b)(2)(B), as refined and modified through the adjudication of challenges submitted under subsection (b)(4); use the coverage maps— to determine the areas in which broadband internet access service is and is not available; and before making any award of funding with respect to the deployment of broadband internet access service; and update the coverage maps not less frequently than annually using the most recent data collected from providers under subsection (b)(2).