IB 

Union Calendar No. 279 

116TH CONGRESS 

1ST SESSION H. R. 4229 

[Report No. 116–350] 

To require the Federal Communications Commission to issue rules relating 

to the collection of data with respect to the availability of broadband 

services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 6, 2019 

Mr. LOEBSACK (for himself, Mr. LATTA, Mr. MCEACHIN, and Mr. LONG) introduced the following bill; which was referred to the Committee on Energy and Commerce 

DECEMBER 16, 2019 

Additional sponsors: Mr. WELCH, Mr. WITTMAN, Mr. GUTHRIE, Mr. TONKO, 

Mr. GRIFFITH, Ms. ESHOO, Mr. LUJA ́N, Mr. RUSH, Mr. O’HALLERAN, 

Mrs. RODGERS of Washington, Ms. BLUNT ROCHESTER, Mr. MICHAEL

F. DOYLE of Pennsylvania, Mr. KINZINGER, Ms. DEGETTE, Mr. MCNERNEY, Ms. CLARKE of New York, Mr. BILIRAKIS, Mr. POCAN, Mr. 

LOWENTHAL, Mr. GOLDEN, Ms. KENDRA S. HORN of Oklahoma, Mr. 

PAPPAS, Mr. FITZPATRICK, Mr. HUFFMAN, Mr. CA ́RDENAS, Mr. WALDEN, Mr. MARSHALL, Ms. UNDERWOOD, Mr. COX of California, Mr. 

MCKINLEY, Mr. VAN DREW, Mr. WRIGHT, Mr. BALDERSON, Mr. DAVID

SCOTT of Georgia, Mrs. BROOKS of Indiana, Mr. BURGESS, Mrs. 

HARTZLER, Mrs. AXNE, Mr. AUSTIN SCOTT of Georgia, Ms. 

FINKENAUER, Ms. WEXTON, Ms. KELLY of Illinois, Mr. STAUBER, Mr. 

AGUILAR, Mr. ROUDA, Mr. KELLER, Ms. SPANBERGER, Mr. LARSEN of 

Washington, Ms. TORRES SMALL of New Mexico, Mr. BERGMAN, Mr. 

ALLEN, Mr. CARSON of Indiana, Mr. SMITH of Missouri, Mr. DELGADO, 

Mr. EMMER, Mr. GRAVES of Missouri, Mr. THORNBERRY, Mr. 

RIGGLEMAN, Mr. LUETKEMEYER, Mr. TIPTON, Mr. KHANNA, Mr. 

OLSON, Mr. MCGOVERN, and Mr. GROTHMAN

DECEMBER 16, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 


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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 6, 2019] 

A BILL 

To require the Federal Communications Commission to issue 

rules relating to the collection of data with respect to 

the availability of broadband services, and for other purposes. 


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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 Deployment 

5 Accuracy and Technological Availability Act’’ or the 

6 ‘‘Broadband DATA Act’’. 

7 SEC. 2. BROADBAND DATA. 

8 The Communications Act of 1934 (47 U.S.C. 151 et 

9 seq.) is amended by adding at the end the following: 

10 ‘‘TITLE VIII—BROADBAND DATA 

11 ‘‘SEC. 801. DEFINITIONS. 

12 ‘‘In this title: 

13 ‘‘(1) BROADBAND INTERNET ACCESS SERVICE.— 

14 The term ‘broadband internet access service’ has the 

15 meaning given the term in section 8.1(b) of title 47, 

16 Code of Federal Regulations, or any successor regula17 tion. 

18 ‘‘(2) BROADBAND MAP.—The term ‘Broadband 

19 Map’ means the map created by the Commission 

20 under section 802(c)(1)(A). 

21 ‘‘(3) CELL EDGE PROBABILITY.—The term ‘cell 

22 edge probability’ means the likelihood that the min23 imum threshold download and upload speeds with re24 spect to broadband internet access service will be met 

25 or exceeded at a distance from a base station that is 


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1 intended to indicate the ultimate edge of the coverage 

2 area of a cell. 

3 ‘‘(4) CELL LOADING.—The term ‘cell loading’ 

4 means the percentage of the available air interface re5 sources of a base station that are used by consumers 

6 with respect to broadband internet access service. 

7 ‘‘(5) CLUTTER.—The term ‘clutter’ means a nat8 ural or man-made surface feature that affects the 

9 propagation of a signal from a base station. 

10 ‘‘(6) FABRIC.—The term ‘Fabric’ means the 

11 Broadband Serviceable Location Fabric established 

12 under section 802(b)(1)(B). 

13 ‘‘(7) FORM 477.—The term ‘Form 477’ means 

14 Form 477 of the Commission relating to local tele15 phone competition and broadband reporting. 

16 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 

17 has the meaning given the term ‘Indian tribe’ in sec18 tion 4 of the Indian Self-Determination and Edu19 cation Assistance Act (25 U.S.C. 5304). 

20 ‘‘(9) MOBILITY FUND PHASE II.—The term ‘Mo21 bility Fund Phase II’ means the second phase of the 

22 proceeding to provide universal service support from 

23 the Mobility Fund (WC Docket No. 10–90; WT Docket 

24 No. 10–208). 


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1 ‘‘(10) PROPAGATION MODEL.—The term ‘propa2 gation model’ means a mathematical formulation for 

3 the characterization of radio wave propagation as a 

4 function of frequency, distance, and other conditions. 

5 ‘‘(11) PROVIDER.—The term ‘provider’ means a 

6 provider of fixed or mobile broadband internet access 

7 service. 

8 ‘‘(12) QUALITY OF SERVICE.—The term ‘quality 

9 of service’ means information regarding offered 

10 download and upload speeds and latency of a pro11 vider’s broadband internet access service as deter12 mined by and to the extent otherwise collected by the 

13 Commission. 

14 ‘‘(13) SHAPEFILE.—The term ‘shapefile’ means a 

15 digital storage format containing geospatial or loca16 tion-based data and attribute information— 

17 ‘‘(A) regarding the availability of 

18 broadband internet access service; and 

19 ‘‘(B) that can be viewed, edited, and 

20 mapped in geographic information system soft21 ware. 

22 ‘‘(14) STANDARD BROADBAND INSTALLATION.— 

23 The term ‘standard broadband installation’— 

24 ‘‘(A) means the initiation by a provider of 

25 fixed broadband internet access service in an 


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1 area where the provider has not previously of2 fered that service, with no charges or delays at3 tributable to the extension of the network of the 

4 provider; and 

5 ‘‘(B) includes the initiation of fixed 

6 broadband internet access service through routine 

7 installation that can be completed not later than 

8 10 business days after the date on which the 

9 service request is submitted. 

10 ‘‘SEC. 802. BROADBAND MAPS. 

11 ‘‘(a) RULES.— 

12 ‘‘(1) IN GENERAL.—Not later than 180 days 

13 after the date of enactment of this title, the Commis14 sion shall issue rules that shall— 

15 ‘‘(A) require the collection and dissemina16 tion of granular data, as determined by the 

17 Commission— 

18 ‘‘(i) relating to the availability and 

19 quality of service of terrestrial fixed, fixed 

20 wireless, satellite, and mobile broadband 

21 internet access service; and 

22 ‘‘(ii) that the Commission shall use to 

23 compile the maps created under subsection 

24 (c)(1) (referred to in this section as ‘covVerDate Sep 11 2014 20:36 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H4229.RH H4229

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1 erage maps’), which the Commission shall 

2 make publicly available; and 

3 ‘‘(B) establish— 

4 ‘‘(i) processes through which the Com5 mission can verify the accuracy of data sub6 mitted under subsection (b)(2); 

7 ‘‘(ii) processes and procedures through 

8 which the Commission, and, as necessary, 

9 other entities or persons submitting non10 public or competitively sensitive informa11 tion under this title, can protect the secu12 rity, privacy, and confidentiality of such 

13 non-public or competitively sensitive infor14 mation, including— 

15 ‘‘(I) information contained in the 

16 Fabric; 

17 ‘‘(II) the dataset created under 

18 subsection (b)(1)(A) supporting the 

19 Fabric; and 

20 ‘‘(III) the data submitted under 

21 subsection (b)(2); 

22 ‘‘(iii) the challenge process described in 

23 subsection (b)(5); and 

24 ‘‘(iv) the process described in section 

25 803(b). 


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1 ‘‘(2) OTHER DATA.—In issuing the rules under 

2 paragraph (1), the Commission shall develop a proc3 ess through which the Commission can collect verified 

4 data for use in the coverage maps from— 

5 ‘‘(A) State, local, and Tribal governmental 

6 entities that are primarily responsible for map7 ping or tracking broadband internet access serv8 ice coverage for a State, unit of local govern9 ment, or Indian Tribe, as applicable; 

10 ‘‘(B) third parties, including industry anal11 ysis, mapping, or tracking of broadband internet 

12 access service coverage and quality of service, if 

13 the Commission determines that it is in the pub14 lic interest to use such data in— 

15 ‘‘(i) the development of the coverage 

16 maps; or 

17 ‘‘(ii) the verification of data submitted 

18 under subsection (b); and 

19 ‘‘(C) other Federal agencies. 

20 ‘‘(3) UPDATES.—The Commission shall revise the 

21 rules issued under paragraph (1) to— 

22 ‘‘(A) reflect changes in technology; 

23 ‘‘(B) ensure the accuracy of propagation 

24 models, as further provided in subsection (b)(3); 

25 and 


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1 ‘‘(C) improve the usefulness of the coverage 

2 maps. 

3 ‘‘(b) CONTENT OF RULES.— 

4 ‘‘(1) ESTABLISHMENT OF A SERVICEABLE LOCA5 TION FABRIC REGARDING FIXED BROADBAND.— 

6 ‘‘(A) DATASET.— 

7 ‘‘(i) IN GENERAL.—The Commission 

8 shall create a common dataset of all loca9 tions in the United States where fixed 

10 broadband internet access service can be in11 stalled, as determined by the Commission. 

12 ‘‘(ii) CONTRACTING.— 

13 ‘‘(I) IN GENERAL.—Subject to 

14 subclauses (II) and (III), the Commis15 sion may only contract with an entity 

16 with expertise with respect to geo17 graphic information systems (referred 

18 to in this subsection as ‘GIS’) to create 

19 and maintain the dataset under clause 

20 (i). 

21 ‘‘(II) APPLICATION OF THE FED22 ERAL ACQUISITION REGULATION.—A 

23 contract into which the Commission 

24 enters under subclause (I) shall in all 

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1 sions of the Federal Acquisition Regu2 lation. 

3 ‘‘(III) LIMITATIONS.—With re4 spect to a contract into which the Com5 mission enters under subclause (I)— 

6 ‘‘(aa) the entity with which 

7 the Commission contracts shall be 

8 selected through a competitive bid 

9 process that is transparent and 

10 open; 

11 ‘‘(bb) the contract shall be for 

12 a term of not longer than 5 years, 

13 after which the Commission may 

14 enter into a new contract— 

15 ‘‘(AA) with an entity, 

16 and for the purposes, de17 scribed in clause (i); and 

18 ‘‘(BB) that complies 

19 with the requirements under 

20 subclause (II) and this sub21 clause; and 

22 ‘‘(cc) the contract shall pro23 hibit the entity with which the 

24 Commission contracts (and re25 quire such entity to include in 


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1 any contract with any other enti2 ty with which such entity con3 tracts a provision prohibiting 

4 such other entity) from selling, 

5 leasing, or otherwise disclosing for 

6 monetary consideration any per7 sonally identifiable information to 

8 any entity other than for purposes 

9 authorized under this title. 

10 ‘‘(B) FABRIC.—The rules issued by the 

11 Commission under subsection (a)(1) shall estab12 lish the Broadband Serviceable Location Fabric, 

13 which shall— 

14 ‘‘(i) contain geocoded information for 

15 each location identified under subparagraph 

16 (A)(i); 

17 ‘‘(ii) serve as the foundation upon 

18 which all data relating to the availability of 

19 fixed broadband internet access service col20 lected under paragraph (2)(A) shall be re21 ported and overlaid; 

22 ‘‘(iii) be compatible with commonly 

23 used GIS software; and 

24 ‘‘(iv) at a minimum, be updated every 

25 6 months by the Commission. 


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1 ‘‘(C) IMPLEMENTATION PRIORITY.—The 

2 Commission shall prioritize implementing the 

3 Fabric for rural and insular areas of the United 

4 States. 

5 ‘‘(2) COLLECTION OF INFORMATION.—The rules 

6 issued by the Commission under subsection (a)(1) 

7 shall include uniform standards for the reporting of 

8 broadband internet access service data that the Com9 mission shall collect— 

10 ‘‘(A) from each provider of terrestrial fixed, 

11 fixed wireless, or satellite broadband internet ac12 cess service, which shall include data that— 

13 ‘‘(i) documents the areas where the 

14 provider— 

15 ‘‘(I) has actually built out the 

16 broadband network infrastructure of 

17 the provider such that the provider is 

18 able to provide that service; and 

19 ‘‘(II) could provide that service, 

20 as determined by identifying where the 

21 provider is capable of performing a 

22 standard broadband installation, if ap23 plicable; 

24 ‘‘(ii) includes information regarding 

25 download and upload speeds, at various 


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1 thresholds established by the Commission, 

2 and, if applicable, latency with respect to 

3 broadband internet access service that the 

4 provider makes available; 

5 ‘‘(iii) can be georeferenced to the GIS 

6 data in the Fabric; 

7 ‘‘(iv) the provider shall report as— 

8 ‘‘(I) with respect to providers of 

9 fixed wireless broadband internet ac10 cess service— 

11 ‘‘(aa) propagation maps and 

12 propagation model details that— 

13 ‘‘(AA) satisfy standards 

14 that are similar to those ap15 plicable to providers of mo16 bile broadband internet ac17 cess service under subpara18 graph (B) with respect to 

19 propagation maps and prop20 agation model details, taking 

21 into account material dif22 ferences between fixed wire23 less and mobile broadband 

24 internet access service; and 


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1 ‘‘(BB) reflect the speeds 

2 and latency of the service 

3 provided by the provider; or 

4 ‘‘(bb) a list of addresses or lo5 cations that constitute the service 

6 area of the provider, except that 

7 the Commission— 

8 ‘‘(AA) may only permit, 

9 and not require, a provider 

10 to report the data using that 

11 means of reporting; and 

12 ‘‘(BB) in the rules 

13 issued under subsection 

14 (a)(1), shall provide a meth15 od for using that means of 

16 reporting with respect to 

17 Tribal areas; and 

18 ‘‘(II) with respect to providers of 

19 terrestrial fixed and satellite 

20 broadband internet access service— 

21 ‘‘(aa) polygon shapefiles; or 

22 ‘‘(bb) a list of addresses or lo23 cations that constitute the service 

24 area of the provider, except that 

25 the Commission— 


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1 ‘‘(AA) may only permit, 

2 and not require, a provider 

3 to report the data using that 

4 means of reporting; and 

5 ‘‘(BB) in the rules 

6 issued under subsection 

7 (a)(1), shall provide a meth8 od for using that means of 

9 reporting with respect to 

10 Tribal areas; and 

11 ‘‘(v) the Commission determines is ap12 propriate with respect to certain tech13 nologies in order to ensure that the 

14 Broadband Map is granular and accurate; 

15 and 

16 ‘‘(B) from each provider of mobile 

17 broadband internet access service, which shall in18 clude propagation maps, and propagation model 

19 details, that indicate the current (as of the date 

20 on which the information is collected) fourth gen21 eration Long-Term Evolution (commonly re22 ferred to as ‘4G LTE’) mobile broadband inter23 net access service coverage of the provider, which 

24 shall— 


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1 ‘‘(i) take into consideration the effect of 

2 clutter; and 

3 ‘‘(ii) satisfy— 

4 ‘‘(I) the requirements of having— 

5 ‘‘(aa) a download speed of 

6 not less than 5 megabits per sec7 ond and an upload speed of not 

8 less than 1 megabit per second 

9 with a cell edge probability of not 

10 less than 90 percent; and 

11 ‘‘(bb) cell loading of not less 

12 than 50 percent; and 

13 ‘‘(II) any other parameter that 

14 the Commission determines to be nec15 essary to create a map under sub16 section (c)(1)(C) that is more precise 

17 than the map produced as a result of 

18 the submissions under the Mobility 

19 Fund Phase II information collection. 

20 ‘‘(3) UPDATE OF REPORTING STANDARDS FOR

21 MOBILE BROADBAND INTERNET ACCESS SERVICE.— 

22 For the purposes of paragraph (2)(B), if the Commis23 sion determines that the reporting standards under 

24 that paragraph are insufficient to collect accurate 

25 propagation maps and propagation model details 


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1 with respect to future generations of mobile 

2 broadband internet access service technologies, the 

3 Commission shall immediately commence a rule4 making to adopt new reporting standards with re5 spect to those technologies that— 

6 ‘‘(A) shall be the functional equivalent of 

7 the standards required under paragraph (2)(B); 

8 and 

9 ‘‘(B) allow for the collection of propagation 

10 maps and propagation model details that are as 

11 accurate and granular as, or more accurate and 

12 granular than, the maps and model details col13 lected by the Commission under paragraph 

14 (2)(B). 

15 ‘‘(4) CERTIFICATION AND VERIFICATION.—With 

16 respect to a provider that submits information to the 

17 Commission under paragraph (2)— 

18 ‘‘(A) the provider shall include in each sub19 mission a certification from a corporate officer of 

20 the provider that the officer has examined the in21 formation contained in the submission and that, 

22 to the best of the officer’s actual knowledge, infor23 mation, and belief, all statements of fact con24 tained in the submission are true and correct; 

25 and 


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1 ‘‘(B) the Commission shall verify the accu2 racy and reliability of the information in ac3 cordance with measures established by the Com4 mission. 

5 ‘‘(5) CHALLENGE PROCESS.— 

6 ‘‘(A) IN GENERAL.—In the rules issued 

7 under subsection (a)(1), and subject to subpara8 graph (B), the Commission shall establish a 

9 user-friendly challenge process through which 

10 consumers, State, local, and Tribal governmental 

11 entities, and other entities or persons may sub12 mit coverage data to the Commission to challenge 

13 the accuracy of— 

14 ‘‘(i) the coverage maps; 

15 ‘‘(ii) any information submitted by a 

16 provider regarding the availability of 

17 broadband internet access service; or 

18 ‘‘(iii) the information included in the 

19 Fabric. 

20 ‘‘(B) CONSIDERATIONS; VERIFICATION; RE21 SPONSE TO CHALLENGES.—In establishing the 

22 challenge process required under subparagraph 

23 (A), the Commission shall— 

24 ‘‘(i) consider— 


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1 ‘‘(I) the types of information that 

2 an entity or person submitting a chal3 lenge should provide to the Commission 

4 in support of the challenge; 

5 ‘‘(II) the appropriate level of 

6 granularity for the information de7 scribed in subclause (I); 

8 ‘‘(III) the need to mitigate the 

9 time and expense incurred by, and the 

10 administrative burdens placed on, enti11 ties or persons in— 

12 ‘‘(aa) challenging the accu13 racy of a coverage map; and 

14 ‘‘(bb) responding to chal15 lenges described in item (aa); 

16 ‘‘(IV) the costs to consumers and 

17 providers resulting from a 

18 misallocation of funds because of a re19 liance on outdated or otherwise inac20 curate information in the coverage 

21 maps; 

22 ‘‘(V) any lessons learned from the 

23 challenge process established under Mo24 bility Fund Phase II, as determined 


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1 from comments solicited by the Com2 mission; and 

3 ‘‘(VI) the need for user-friendly 

4 challenge submission formats that will 

5 promote participation in the challenge 

6 process; 

7 ‘‘(ii) include a process for verifying the 

8 data submitted through the challenge proc9 ess in order to ensure the reliability of that 

10 data; 

11 ‘‘(iii) allow providers to respond to 

12 challenges submitted through the challenge 

13 process; and 

14 ‘‘(iv) develop an online mechanism, 

15 which— 

16 ‘‘(I) shall be integrated into the 

17 coverage maps; 

18 ‘‘(II) allows for an entity or per19 son described in subparagraph (A) to 

20 submit a challenge under the challenge 

21 process; 

22 ‘‘(III) makes challenge data avail23 able in both geographic information 

24 system and non-geographic informa25 tion system formats; and 


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1 ‘‘(IV) clearly identifies the areas 

2 in which broadband internet access 

3 service is available, and the upload 

4 and download speeds at which that 

5 service is available, as reported to the 

6 Commission under this section. 

7 ‘‘(C) USE OF CHALLENGES.—The rules 

8 issued to establish the challenge process under 

9 subparagraph (A) shall include— 

10 ‘‘(i) a process for the speedy resolution 

11 of challenges; and 

12 ‘‘(ii) a process for the regular and ex13 peditious updating of the coverage maps 

14 and granular data the Commission dissemi15 nates as challenges are resolved. 

16 ‘‘(D) AUTOMATION TOOL.—Not earlier than 

17 1 year after, and not later than 18 months after, 

18 the rules issued under subsection (a)(1) are im19 plemented, the Commission shall, after an oppor20 tunity for notice and comment, submit to the 

21 Committee on Energy and Commerce of the 

22 House of Representatives and the Committee on 

23 Commerce, Science, and Transportation of the 

24 Senate a report that— 


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1 ‘‘(i) evaluates the challenge process; 

2 and 

3 ‘‘(ii) considers whether the Commission 

4 should amend its rules to create an auto5 mated tool that includes predictive capabili6 ties to identify potential inaccuracies and 

7 features that allow a provider of broadband 

8 internet access service, the Commission, and 

9 the public to visualize the data relating to 

10 broadband internet access service that the 

11 provider reports in order to improve the ac12 curacy of the data submitted by the pro13 vider. 

14 ‘‘(6) REFORM OF FORM 477 PROCESS.— 

15 ‘‘(A) IN GENERAL.—Not later than 180 

16 days after the date on which the rules issued 

17 under subsection (a)(1) take effect, the Commis18 sion shall— 

19 ‘‘(i) reform the Form 477 broadband 

20 deployment service availability collection 

21 process of the Commission to achieve the 

22 purposes of this title and in a manner that 

23 enables the comparison of data and maps 

24 produced before the implementation of this 

25 title with data and coverage maps produced 


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1 after the implementation of this title and 

2 maintains the public availability of 

3 broadband deployment service availability 

4 data; and 

5 ‘‘(ii) harmonize reporting requirements 

6 and procedures regarding the deployment of 

7 broadband internet access service that, as of 

8 the date on which the rules issued under 

9 subsection (a)(1) take effect, are in effect. 

10 ‘‘(B) CONTINUED COLLECTION AND REPORT11 ING.—On and after the date on which the Com12 mission carries out subparagraph (A), the Com13 mission shall continue to collect and publicly re14 port subscription data that the Commission col15 lected through the Form 477 broadband deploy16 ment service availability collection process, as in 

17 effect on July 1, 2019. 

18 ‘‘(c) MAPS.—The Commission shall— 

19 ‘‘(1) after consulting with the Federal Geo20 graphic Data Committee established by section 753(a) 

21 of the Geospatial Data Act of 2018 (43 U.S.C. 

22 2802(a)), create— 

23 ‘‘(A) the Broadband Map, which shall de24 pict— 


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1 ‘‘(i) the extent of the availability of 

2 broadband internet access service in the 

3 United States, without regard to whether 

4 that service is fixed broadband internet ac5 cess service or mobile broadband internet 

6 access service, which shall be based on data 

7 collected by the Commission from all pro8 viders; and 

9 ‘‘(ii) the areas of the United States 

10 that remain unserved by providers; 

11 ‘‘(B) a map that depicts the availability of 

12 fixed broadband internet access service, which 

13 shall be based on data collected by the Commis14 sion from providers under subsection (b)(2)(A); 

15 and 

16 ‘‘(C) a map that depicts the availability of 

17 mobile broadband internet access service, which 

18 shall be based on data collected by the Commis19 sion from providers under subsection (b)(2)(B); 

20 ‘‘(2) use the maps created under paragraph 

21 (1)— 

22 ‘‘(A) to determine the areas in which terres23 trial fixed, fixed wireless, mobile, and satellite 

24 broadband internet access service is and is not 

25 available; and 


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1 ‘‘(B) when making any new award of fund2 ing with respect to the deployment of broadband 

3 internet access service; 

4 ‘‘(3) update the maps created under paragraph 

5 (1) not less frequently than biannually using the most 

6 recent data collected from providers under subsection 

7 (b)(2); 

8 ‘‘(4) make available to all Federal agencies, upon 

9 request, the maps created under paragraph (1); 

10 ‘‘(5) establish a process to make the data col11 lected under subsection (b)(2) available to the Na12 tional Telecommunications and Information Admin13 istration; and 

14 ‘‘(6) make public at an appropriate level of 

15 granularity— 

16 ‘‘(A) the maps created under paragraph (1); 

17 and 

18 ‘‘(B) the data collected by the Commission 

19 with respect to broadband internet access service 

20 availability and quality of service. 

21 ‘‘(d) DELAYED EFFECTIVE DATE OF QUALITY OF

22 SERVICE RULES.—Any requirement of a rule relating to 

23 quality of service issued under subsection (a)(1) shall take 

24 effect not earlier than the date that is 180 days after the 

25 date on which the Commission issues such rule. 


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1 ‘‘SEC. 803. IMPROVING DATA ACCURACY. 

2 ‘‘(a) AUDITS.—The Commission shall conduct regular 

3 audits of information submitted to the Commission by pro4 viders under section 802(b)(2) to ensure that the providers 

5 are complying with this title. 

6 ‘‘(b) CROWDSOURCING.— 

7 ‘‘(1) IN GENERAL.—The Commission shall— 

8 ‘‘(A) develop a process through which enti9 ties or persons in the United States may submit 

10 specific information about the deployment and 

11 availability of broadband internet access service 

12 in the United States on an ongoing basis so that 

13 the information may be used to verify and sup14 plement information provided by providers of 

15 broadband internet access service for inclusion in 

16 the maps created under section 802(c)(1); and 

17 ‘‘(B) update the maps created under section 

18 802(c)(1) on no less than an annual cycle based 

19 on the information received through such process. 

20 ‘‘(2) COLLABORATION.—As part of the efforts of 

21 the Commission to facilitate the ability of entities or 

22 persons to submit information under paragraph (1), 

23 the Commission shall— 

24 ‘‘(A) prioritize the consideration of data 

25 provided by data collection applications used by 


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1 consumers that the Commission has deter2 mined— 

3 ‘‘(i) are highly reliable; and 

4 ‘‘(ii) have proven methodologies for de5 termining network coverage and network 

6 performance; and 

7 ‘‘(B) coordinate with the Postmaster Gen8 eral, or the heads of other Federal agencies that 

9 operate delivery fleet vehicles, to facilitate the 

10 submission of specific information by the United 

11 States Postal Service or such other agencies 

12 under paragraph (1). 

13 ‘‘(c) TECHNICAL ASSISTANCE TO INDIAN TRIBES.— 

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

15 Commission shall hold annual workshops for Tribal 

16 governments to provide technical assistance with the 

17 collection and submission of data under section 

18 802(a)(2)(A). 

19 ‘‘(2) ANNUAL REVIEW.—Each year, the Commis20 sion, in consultation with Indian Tribes, shall review 

21 the need for continued workshops required under 

22 paragraph (1). 

23 ‘‘(d) TECHNICAL ASSISTANCE TO SMALL SERVICE

24 PROVIDERS.—The Commission shall establish a process 

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1 tive broadband internet access service connections may re2 quest and receive assistance from the Commission with re3 spect to geographic information system data processing to 

4 ensure that the provider is able to comply with the rules 

5 issued under section 802(a)(1) in a timely and accurate 

6 manner. 

7 ‘‘(e) GAO ASSESSMENT OF FABRIC SOURCE DATA.— 

8 ‘‘(1) ASSESSMENT.—The Comptroller General of 

9 the United States shall conduct an assessment of key 

10 data sources that are used for purposes of the Fabric 

11 to identify and geocode locations where fixed 

12 broadband internet access service can be installed, in 

13 order to develop recommendations for how the quality 

14 and completeness of such data sources can be im15 proved as data sources for the Fabric. Data sources 

16 to be assessed shall include any sources of relevant 

17 Federal data, including the National Address Data18 base administered by the Department of Transpor19 tation, State- and county-level digitized parcel data, 

20 and property tax record tax attribute recording. 

21 ‘‘(2) REPORT.—Not later than 1 year after the 

22 date of the enactment of this title, the Comptroller 

23 General shall submit to the Committee on Energy and 

24 Commerce of the House of Representatives and the 

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1 tation of the Senate a report containing the rec2 ommendations developed in the assessment under 

3 paragraph (1). 

4 ‘‘(f) TECHNICAL ASSISTANCE TO CONSUMERS AND

5 STATE, LOCAL, AND TRIBAL GOVERNMENTAL ENTITIES.— 

6 The Commission shall provide technical assistance to con7 sumers and State, local, and Tribal governmental entities 

8 with respect to the challenge process established under sec9 tion 802(b)(5), which shall include— 

10 ‘‘(1) detailed tutorials and webinars; and 

11 ‘‘(2) making available staff of the Commission to 

12 provide assistance, as needed, throughout the entirety 

13 of the challenge process. 

14 ‘‘SEC. 804. COST. 

15 ‘‘(a) LIMITATION.—The Commission may not use 

16 funds from the universal service programs of the Commis17 sion established under section 254, and the regulations 

18 issued under that section, to carry out this title. 

19 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Commission to carry 

21 out this title— 

22 ‘‘(1) $25,000,000 for fiscal year 2021; and 

23 ‘‘(2) $9,000,000 for each of the fiscal years 2022 

24 through 2028. 


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1 ‘‘SEC. 805. OTHER PROVISIONS. 

2 ‘‘(a) OMB.—Notwithstanding any other provision of 

3 law, the initial rulemaking required under section 

4 802(a)(1) shall be exempt from review by the Office of Man5 agement and Budget. 

6 ‘‘(b) PRA.—Chapter 35 of title 44, United States Code 

7 (commonly known as the ‘Paperwork Reduction Act’) shall 

8 not apply to the initial rulemaking required under section 

9 802(a)(1). 

10 ‘‘(c) EXECUTION OF RESPONSIBILITIES.—Except, with 

11 respect to an entity that is not the Universal Service Ad12 ministrative Company, as provided in sections 

13 802(a)(2)(B), 802(b)(1)(A)(ii), and 803(d), the Commis14 sion— 

15 ‘‘(1) including the offices of the Commission, 

16 shall carry out the responsibilities assigned to the 

17 Commission under this title; and 

18 ‘‘(2) may not delegate any of the responsibilities 

19 assigned to the Commission under this title to any 

20 third party, including the Universal Service Adminis21 trative Company. 

22 ‘‘(d) REPORTING.—Each fiscal year, the Commission 

23 shall submit to the Committee on Commerce, Science, and 

24 Transportation of the Senate and the Committee on Energy 

25 and Commerce of the House of Representatives a report that 

26 summarizes the implementation of this title and associated 


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1 enforcement activities conducted during the previous fiscal 

2 year.’’. 


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Union Calendar No. 279 

116TH CONGRESS 

1ST SESSION H. R. 4229 

[Report No. 116–350] 

A BILL 

To require the Federal Communications Commisservices, and for other purposes. data with respect to the availability of broadband sion to issue rules relating to the collection of 

DECEMBER 16, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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