I 

116TH CONGRESS 

1ST SESSION H. R. 3162 

To improve broadband data collection, mapping, and validation to support 

the effective deployment of broadband services to all areas of the United 

States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2019 

Mrs. RODGERS of Washington (for herself, Mr. O’HALLERAN, Mr. MCKINLEY, 

Ms. KUSTER of New Hampshire, Mr. WITTMAN, and Mr. BUTTERFIELD) 

introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To improve broadband data collection, mapping, and validation to support the effective deployment of broadband 

services to all areas of the United States, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Broadband Data Im5 provement Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3162 IH

1 (1) BROADBAND INTERNET ACCESS SERVICE.— 

2 The term ‘‘broadband internet access service’’ has 

3 the meaning given the term in section 8.1 of title 47, 

4 Code of Federal Regulations, or any successor regu5 lation. 

6 (2) COMMISSION.—The term ‘‘Commission’’ 

7 means the Federal Communications Commission. 

8 (3) FEDERAL AGENCY.—The term ‘‘Federal 

9 agency’’ means— 

10 (A) the Commission; 

11 (B) the Department of Agriculture; 

12 (C) the Department of Commerce; 

13 (D) the Department of the Interior; 

14 (E) the Federal Trade Commission; 

15 (F) the National Economic Council; and 

16 (G) the Office of Science and Technology 

17 Policy. 

18 (4) FORM 477.—The term ‘‘Form 477’’ means 

19 Form 477 of the Commission relating to local tele20 phone competition and broadband reporting. 

21 (5) NATIONAL BROADBAND MAP.—The term 

22 ‘‘National Broadband Map’’ means the map devel23 oped and maintained by the Commission with re24 spect to the availability of broadband internet access 

25 service. 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 3162 IH

1 (6) PROPAGATION MODEL.—The term ‘‘propa2 gation model’’ means an empirical mathematical for3 mulation for the characterization of radio wave prop4 agation as a function of frequency, distance, and 

5 other conditions. 

6 (7) PROVIDER.—The term ‘‘provider’’ means a 

7 provider of broadband internet access service. 

8 (8) SHAPEFILE.—The term ‘‘shapefile’’ means 

9 a digital storage format containing geospatial or lo10 cation-based data and attribute information— 

11 (A) regarding the availability of broadband 

12 internet access service; and 

13 (B) that can be viewed, edited, and 

14 mapped in geographic information system soft15 ware. 

16 (9) STANDARD BROADBAND INSTALLATION.— 

17 The term ‘‘standard broadband installation’’— 

18 (A) means the initiation of new wireline 

19 broadband internet access service with no 

20 charges or delays attributable to the extension 

21 of the network of the provider; and 

22 (B) includes the initiation of service that 

23 requires only routine installation that can be 

24 completed not later than 10 business days after 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 3162 IH

1 the date on which the service request is sub2 mitted. 

3 (10) STATE.—The term ‘‘State’’ has the mean4 ing given the term in section 3 of the Communica5 tions Act of 1934 (47 U.S.C. 153). 

6 SEC. 3. NEW DATA SUBMISSION AND PUBLIC FEEDBACK 

7 PROCESSES. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Commission shall issue 

10 a rule to establish— 

11 (1) a reporting requirement under which each 

12 provider shall, not less frequently than biannually, 

13 submit to the Commission accurate and granular in14 formation regarding the geographic availability of 

15 broadband internet access service provided by the 

16 provider; and 

17 (2) a framework for an ongoing challenge proc18 ess through which a provider or a member of the 

19 public may submit information challenging the accu20 racy of the information reflected on the National 

21 Broadband Map. 

22 (b) REPORTING REQUIREMENT CONDITIONS.—The 

23 reporting requirement established by the Commission 

24 under subsection (a)(1) shall— 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 3162 IH

1 (1) require information regarding the service 

2 area of each provider to be— 

3 (A) submitted in shapefile format, or an4 other geospatial format as the Commission may 

5 prescribe, to achieve the level of reporting speci6 ficity required under paragraph (2) of this sub7 section; and 

8 (B) before making each submission re9 quired under subsection (a)(1), certified— 

10 (i) as adhering to such reporting 

11 standards as the Commission may pre12 scribe; 

13 (ii) on a form to be prescribed by the 

14 Commission; and 

15 (iii) by an officer of the provider; 

16 (2) allow for an understanding by the Commis17 sion and the general public of speeds and service de18 livery types of broadband internet access service that 

19 are available through— 

20 (A) a standard broadband installation for 

21 fixed wireline services; and 

22 (B) standardized and tested propagation 

23 models with respect to— 

24 (i) fixed wireless and satellite services; 

25 and 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 3162 IH

1 (ii) mobile services, with defined fac2 tors for signal strength, cell edge prob3 ability, and cell loading; 

4 (3) define uniform mandatory standards for the 

5 reporting of broadband internet access service cov6 erage for each delivery type with respect to 

7 broadband internet access service in order to— 

8 (A) ensure the accuracy and granularity of 

9 the data submitted; and 

10 (B) require each provider to employ con11 sistent reporting methods across all States in 

12 which the provider provides service; 

13 (4) update or replace the Form 477 broadband 

14 deployment service availability data collection proc15 ess of the Commission; and 

16 (5) eliminate all duplicative reporting require17 ments and procedures regarding the availability of 

18 broadband internet access service that are in exist19 ence as of the date on which the Commission estab20 lishes the requirement. 

21 (c) CHALLENGE PROCESS CONDITIONS.—The frame22 work for the challenge process established by the Commis23 sion under subsection (a)(2) shall include an ongoing 

24 schedule for the periodic— 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 3162 IH

1 (1) receipt, analysis, and resolution of feedback 

2 received through the process; and 

3 (2) updating of the National Broadband Map, 

4 which shall be completed— 

5 (A) in an expeditious manner; and 

6 (B) in response to the feedback described 

7 in paragraph (1). 

8 (d) NATIONAL BROADBAND MAP.— 

9 (1) IN GENERAL.—Subject to feedback received 

10 through the challenge process, the framework for 

11 which is established under subsection (a)(2), a Fed12 eral agency shall use the National Broadband Map 

13 to determine— 

14 (A) the extent of the availability of 

15 broadband internet access service; and 

16 (B) the areas of the United States that re17 main unserved by providers. 

18 (2) CHALLENGE NOTICE OF OPPORTUNITY.— 

19 Before awarding funding that supports the develop20 ment of broadband internet access services and that 

21 is based on the information reflected on the National 

22 Broadband Map, a Federal agency shall provide no23 tice of an opportunity for public feedback to chal24 lenge or update the information on the map that— 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 3162 IH

1 (A) aligns with the schedule established 

2 under subsection (c); or 

3 (B) provides a separate public feedback op4 portunity under rules that may be established 

5 by the Federal agency. 

6 SEC. 4. DATA VALIDATION AND SUBMISSION ASSISTANCE. 

7 (a) SELECTED PROVIDER.— 

8 (1) SELECTION OF PROVIDER.— 

9 (A) IN GENERAL.—The Commission shall 

10 use competitive procedures to enter into a con11 tract with an entity to provide the services de12 scribed in paragraph (2). 

13 (B) COMMISSION DISCRETION.—The Com14 mission may— 

15 (i) determine— 

16 (I) the period in which an entity 

17 selected under subparagraph (A) shall 

18 serve in that capacity; and 

19 (II) whether to grant an exten20 sion with respect to the period de21 scribed in subclause (i), including the 

22 length of that extension; and 

23 (ii) with respect to the contract de24 scribed in subparagraph (A), include— 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 3162 IH

1 (I) a provision relating to liq2 uidated damages; and 

3 (II) any other reasonable provi4 sion to ensure that the contract is 

5 sound and enforceable. 

6 (2) RESPONSIBILITIES.—Subject to section 

7 106(h)(2) of the Broadband Data Improvement Act 

8 (47 U.S.C. 1304(h)(2)), the entity selected under 

9 paragraph (1) shall, in consultation with, and under 

10 the supervision of, the Commission— 

11 (A) provide— 

12 (i) geographic information system 

13 data processing assistance to providers 

14 that require that assistance in order to 

15 comply with the reporting requirements es16 tablished by the Commission under section 

17 3(a)(1); 

18 (ii) support for the facilitation of the 

19 challenge process, the framework for which 

20 is established by the Commission under 

21 section 3(a)(2); and 

22 (iii) independent data validation serv23 ices, including in-field verification of the 

24 availability of broadband internet access 

25 service reported by providers, to the ComVerDate Sep 11 2014 22:30 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3162.IH H3162

kjohnson on DSK79L0C42 with BILLS
10 

•HR 3162 IH

1 mission to ensure the accuracy and con2 tinual refinement of the National 

3 Broadband Map; 

4 (B) execute data-sharing agreements, as 

5 may be requested, with providers to facilitate 

6 the exchange of information needed to create 

7 shapefiles, or any other such depiction as the 

8 Commission may prescribe, of the availability of 

9 broadband internet access service for the pur10 poses of carrying out subsection (d); 

11 (C) analyze the information exchanged 

12 under subparagraph (B) to produce depictions 

13 of the availability of fixed broadband internet 

14 access service and mobile broadband internet 

15 access service in compliance with the require16 ments established under section 3(a)(1), for any 

17 providers that are eligible for the assistance de18 scribed in subparagraph (A)(i); 

19 (D) provide the depictions of service avail20 ability under subparagraph (C) to the Commis21 sion for— 

22 (i) the internal use of the Commis23 sion; and 

24 (ii) incorporation in the National 

25 Broadband Map; 


kjohnson on DSK79L0C42 with BILLS
11 

•HR 3162 IH

1 (E) support collaboration between the 

2 Commission and other Federal agencies to— 

3 (i) track, map, and validate how funds 

4 made available through Federal grants, 

5 loans, or other financial awards or incen6 tives for the development of broadband in7 frastructure have been expended to im8 prove the availability of broadband internet 

9 access service; and 

10 (ii) ensure transparency and account11 ability with respect to the expenditures de12 scribed in clause (i), taking into account 

13 existing accountability measures, such as 

14 requiring the deployment of broadband in15 frastructure to be reported on a geocoded 

16 or other location-specific basis; 

17 (F) develop and implement an online 

18 mechanism to be integrated into the National 

19 Broadband Map, which shall solicit and collect 

20 feedback submitted by the public and providers 

21 through the challenge process, the framework 

22 for which is established under section 3(a)(2); 

23 and 

24 (G) in consultation with the Commission, 

25 establish an ongoing data validation and 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 3162 IH

1 verification process, including selective in-per2 son field validation activities, that shall— 

3 (i) be guided by intelligence collected 

4 through the receipt of public feedback, the 

5 acquisition and analysis of third-party 

6 datasets, or other methods the entity may 

7 develop; and 

8 (ii) advise the Commission regarding 

9 the continual refinement of the National 

10 Broadband Map. 

11 (b) PUBLIC COMMENT REQUIRED.—With respect to 

12 the selection of an entity under subsection (a), the Com13 mission shall seek comment from the public, providers, 

14 and other relevant stakeholders regarding the experience 

15 and capabilities of organizations that are qualified to be 

16 so selected. 

17 (c) TERMINATION FOR CAUSE; SELECTION OF NEW

18 ENTITY.— 

19 (1) IN GENERAL.—The Commission may, by 

20 order, terminate for cause an entity selected under 

21 subsection (a). 

22 (2) NEW ENTITY.—If the Commission issues a 

23 termination order under paragraph (1)(A), the Com24 mission shall, not later than 120 days after the date 

25 on which the Commission issues that order, select a 


kjohnson on DSK79L0C42 with BILLS
13 

•HR 3162 IH

1 new qualified entity to carry out subsection (a) in 

2 the same manner as provided in that subsection, in3 cluding by seeking comment as provided in sub4 section (b). 

5 (d) PROVIDER REQUEST FOR ASSISTANCE.— 

6 (1) IN GENERAL.—The Commission shall imple7 ment a process through which a provider may re8 quest geographic information system data processing 

9 assistance from the entity selected under subsection 

10 (a). 

11 (2) CONDITIONS FOR APPROVAL.—The entity 

12 selected under subsection (a) shall grant a request 

13 for assistance submitted by a provider under para14 graph (1)— 

15 (A) if the provider has more than 100,000 

16 broadband connections— 

17 (i) upon a demonstration of need by 

18 the provider; and 

19 (ii) after review and approval by the 

20 Commission; and 

21 (B) if the provider has not more than 

22 100,000 broadband connections, automatically, 

23 subject to the availability of funds. 

24 (e) NO REGULATORY AUTHORITY.—Nothing in this 

25 section may be construed to grant an entity selected under 


kjohnson on DSK79L0C42 with BILLS
14 

•HR 3162 IH

1 subsection (a) any regulatory jurisdiction with respect to, 

2 or oversight authority over, providers or information tech3 nology. 

4 SEC. 5. ENFORCEMENT. 

5 (a) IN GENERAL.—It shall be unlawful for a person 

6 to willfully and knowingly submit information or data 

7 under this Act that is inaccurate with respect to the avail8 ability of broadband internet access service. 

9 (b) PENALTY.—Any person that violates subsection 

10 (a) shall be subject to an appropriate penalty, as deter11 mined by the Commission, under— 

12 (1) the Communications Act of 1934 (47 

13 U.S.C. 151 et seq.), including section 501 of that 

14 Act (47 U.S.C. 501); and 

15 (2) the rules of the Commission. 

16 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated to the Com18 mission to carry out this Act the following amounts: 

19 (1)(A) For fiscal year 2020, $55,000,000, not 

20 less than $34,500,000 of which shall be made avail21 able to carry out section 4. 

22 (B) The amounts made available under sub23 paragraph (A) shall remain available until expended. 

24 (2)(A) For each of fiscal years 2021 through 

25 2026, $50,000,000, not less than $29,500,000 of 


kjohnson on DSK79L0C42 with BILLS
15 

•HR 3162 IH

1 which shall be made available in each such fiscal 

2 year to carry out section 4. 

3 (B) The amounts made available under sub4 paragraph (A) shall remain available until expended. 

Æ 


kjohnson on DSK79L0C42 with BILLS