II 

Calendar No. 345 

116TH CONGRESS 

1ST SESSION H. R. 4229 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2019 

Received; read twice and placed on the calendar 

AN ACT 

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. 

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 Deploy5 ment 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: 


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1 ‘‘TITLE VIII—BROADBAND DATA 

2 ‘‘SEC. 801. DEFINITIONS. 

3 ‘‘In this title: 

4 ‘‘(1) BROADBAND INTERNET ACCESS SERV5 ICE.—The term ‘broadband internet access service’ 

6 has the meaning given the term in section 8.1(b) of 

7 title 47, Code of Federal Regulations, or any suc8 cessor regulation. 

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

10 Map’ means the map created by the Commission 

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

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

13 edge probability’ means the likelihood that the min14 imum threshold download and upload speeds with 

15 respect to broadband internet access service will be 

16 met or exceeded at a distance from a base station 

17 that is intended to indicate the ultimate edge of the 

18 coverage area of a cell. 

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

20 means the percentage of the available air interface 

21 resources of a base station that are used by con22 sumers with respect to broadband internet access 

23 service. 


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1 ‘‘(5) CLUTTER.—The term ‘clutter’ means a 

2 natural or man-made surface feature that affects the 

3 propagation of a signal from a base station. 

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

5 Broadband Serviceable Location Fabric established 

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

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

8 Form 477 of the Commission relating to local tele9 phone competition and broadband reporting. 

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

11 has the meaning given the term ‘Indian tribe’ in sec12 tion 4 of the Indian Self-Determination and Edu13 cation Assistance Act (25 U.S.C. 5304). 

14 ‘‘(9) MOBILITY FUND PHASE II.—The term 

15 ‘Mobility Fund Phase II’ means the second phase of 

16 the proceeding to provide universal service support 

17 from the Mobility Fund (WC Docket No. 10–90; 

18 WT Docket No. 10–208). 

19 ‘‘(10) PROPAGATION MODEL.—The term ‘prop20 agation model’ means a mathematical formulation 

21 for the characterization of radio wave propagation as 

22 a function of frequency, distance, and other condi23 tions. 


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

2 provider of fixed or mobile broadband internet access 

3 service. 

4 ‘‘(12) QUALITY OF SERVICE.—The term ‘qual5 ity of service’ means information regarding offered 

6 download and upload speeds and latency of a pro7 vider’s broadband internet access service as deter8 mined by and to the extent otherwise collected by 

9 the Commission. 

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

11 a digital storage format containing geospatial or lo12 cation-based data and attribute information— 

13 ‘‘(A) regarding the availability of 

14 broadband internet access service; and 

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

16 mapped in geographic information system soft17 ware. 

18 ‘‘(14) STANDARD BROADBAND INSTALLA19 TION.—The term ‘standard broadband installa20 tion’— 

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

22 fixed broadband internet access service in an 

23 area where the provider has not previously of24 fered that service, with no charges or delays atVerDate Sep 11 2014 04:16 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4229.PCS H4229

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1 tributable to the extension of the network of the 

2 provider; and 

3 ‘‘(B) includes the initiation of fixed 

4 broadband internet access service through rou5 tine installation that can be completed not later 

6 than 10 business days after the date on which 

7 the service request is submitted. 

8 ‘‘SEC. 802. BROADBAND MAPS. 

9 ‘‘(a) RULES.— 

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

11 after the date of enactment of this title, the Com12 mission shall issue rules that shall— 

13 ‘‘(A) require the collection and dissemina14 tion of granular data, as determined by the 

15 Commission— 

16 ‘‘(i) relating to the availability and 

17 quality of service of terrestrial fixed, fixed 

18 wireless, satellite, and mobile broadband 

19 internet access service; and 

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

21 compile the maps created under subsection 

22 (c)(1) (referred to in this section as ‘cov23 erage maps’), which the Commission shall 

24 make publicly available; and 

25 ‘‘(B) establish— 


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1 ‘‘(i) processes through which the Com2 mission can verify the accuracy of data 

3 submitted under subsection (b)(2); 

4 ‘‘(ii) processes and procedures 

5 through which the Commission, and, as 

6 necessary, other entities or persons submit7 ting non-public or competitively sensitive 

8 information under this title, can protect 

9 the security, privacy, and confidentiality of 

10 such non-public or competitively sensitive 

11 information, including— 

12 ‘‘(I) information contained in the 

13 Fabric; 

14 ‘‘(II) the dataset created under 

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

16 Fabric; and 

17 ‘‘(III) the data submitted under 

18 subsection (b)(2); 

19 ‘‘(iii) the challenge process described 

20 in subsection (b)(5); and 

21 ‘‘(iv) the process described in section 

22 803(b). 

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

24 paragraph (1), the Commission shall develop a procVerDate Sep 11 2014 04:16 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4229.PCS H4229

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1 ess through which the Commission can collect 

2 verified data for use in the coverage maps from— 

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

4 entities that are primarily responsible for map5 ping or tracking broadband internet access 

6 service coverage for a State, unit of local gov7 ernment, or Indian Tribe, as applicable; 

8 ‘‘(B) third parties, including industry anal9 ysis, mapping, or tracking of broadband inter10 net access service coverage and quality of serv11 ice, if the Commission determines that it is in 

12 the public interest to use such data in— 

13 ‘‘(i) the development of the coverage 

14 maps; or 

15 ‘‘(ii) the verification of data submitted 

16 under subsection (b); and 

17 ‘‘(C) other Federal agencies. 

18 ‘‘(3) UPDATES.—The Commission shall revise 

19 the rules issued under paragraph (1) to— 

20 ‘‘(A) reflect changes in technology; 

21 ‘‘(B) ensure the accuracy of propagation 

22 models, as further provided in subsection 

23 (b)(3); and 

24 ‘‘(C) improve the usefulness of the cov25 erage maps. 


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1 ‘‘(b) CONTENT OF RULES.— 

2 ‘‘(1) ESTABLISHMENT OF A SERVICEABLE LO3 CATION FABRIC REGARDING FIXED BROADBAND.— 

4 ‘‘(A) DATASET.— 

5 ‘‘(i) IN GENERAL.—The Commission 

6 shall create a common dataset of all loca7 tions in the United States where fixed 

8 broadband internet access service can be 

9 installed, as determined by the Commis10 sion. 

11 ‘‘(ii) CONTRACTING.— 

12 ‘‘(I) IN GENERAL.—Subject to 

13 subclauses (II) and (III), the Commis14 sion may only contract with an entity 

15 with expertise with respect to geo16 graphic information systems (referred 

17 to in this subsection as ‘GIS’) to cre18 ate and maintain the dataset under 

19 clause (i). 

20 ‘‘(II) APPLICATION OF THE FED21 ERAL ACQUISITION REGULATION.—A 

22 contract into which the Commission 

23 enters under subclause (I) shall in all 

24 respects comply with applicable proviVerDate Sep 11 2014 04:16 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4229.PCS H4229

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1 sions of the Federal Acquisition Regu2 lation. 

3 ‘‘(III) LIMITATIONS.—With re4 spect to a contract into which the 

5 Commission enters under subclause 

6 (I)— 

7 ‘‘(aa) the entity with which 

8 the Commission contracts shall 

9 be selected through a competitive 

10 bid process that is transparent 

11 and open; 

12 ‘‘(bb) the contract shall be 

13 for a term of not longer than 5 

14 years, after which the Commis15 sion may enter into a new con16 tract— 

17 ‘‘(AA) with an entity, 

18 and for the purposes, de19 scribed in clause (i); and 

20 ‘‘(BB) that complies 

21 with the requirements under 

22 subclause (II) and this sub23 clause; and 

24 ‘‘(cc) the contract shall pro25 hibit the entity with which the 


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1 Commission contracts (and re2 quire such entity to include in 

3 any contract with any other enti4 ty with which such entity con5 tracts a provision prohibiting 

6 such other entity) from selling, 

7 leasing, or otherwise disclosing 

8 for monetary consideration any 

9 personally identifiable informa10 tion to any entity other than for 

11 purposes authorized under this 

12 title. 

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

14 Commission under subsection (a)(1) shall estab15 lish the Broadband Serviceable Location Fab16 ric, which shall— 

17 ‘‘(i) contain geocoded information for 

18 each location identified under subpara19 graph (A)(i); 

20 ‘‘(ii) serve as the foundation upon 

21 which all data relating to the availability of 

22 fixed broadband internet access service col23 lected under paragraph (2)(A) shall be re24 ported and overlaid; 


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1 ‘‘(iii) be compatible with commonly 

2 used GIS software; and 

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

4 6 months by the Commission. 

5 ‘‘(C) IMPLEMENTATION PRIORITY.—The 

6 Commission shall prioritize implementing the 

7 Fabric for rural and insular areas of the United 

8 States. 

9 ‘‘(2) COLLECTION OF INFORMATION.—The 

10 rules issued by the Commission under subsection 

11 (a)(1) shall include uniform standards for the re12 porting of broadband internet access service data 

13 that the Commission shall collect— 

14 ‘‘(A) from each provider of terrestrial 

15 fixed, fixed wireless, or satellite broadband 

16 internet access service, which shall include data 

17 that— 

18 ‘‘(i) documents the areas where the 

19 provider— 

20 ‘‘(I) has actually built out the 

21 broadband network infrastructure of 

22 the provider such that the provider is 

23 able to provide that service; and 

24 ‘‘(II) could provide that service, 

25 as determined by identifying where 


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1 the provider is capable of performing 

2 a standard broadband installation, if 

3 applicable; 

4 ‘‘(ii) includes information regarding 

5 download and upload speeds, at various 

6 thresholds established by the Commission, 

7 and, if applicable, latency with respect to 

8 broadband internet access service that the 

9 provider makes available; 

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

11 data in the Fabric; 

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

13 ‘‘(I) with respect to providers of 

14 fixed wireless broadband internet ac15 cess service— 

16 ‘‘(aa) propagation maps and 

17 propagation model details that— 

18 ‘‘(AA) satisfy standards 

19 that are similar to those ap20 plicable to providers of mo21 bile broadband internet ac22 cess service under subpara23 graph (B) with respect to 

24 propagation maps and prop25 agation model details, taking 


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1 into account material dif2 ferences between fixed wire3 less and mobile broadband 

4 internet access service; and 

5 ‘‘(BB) reflect the 

6 speeds and latency of the 

7 service provided by the pro8 vider; or 

9 ‘‘(bb) a list of addresses or 

10 locations that constitute the serv11 ice area of the provider, except 

12 that the Commission— 

13 ‘‘(AA) may only permit, 

14 and not require, a provider 

15 to report the data using that 

16 means of reporting; and 

17 ‘‘(BB) in the rules 

18 issued under subsection 

19 (a)(1), shall provide a meth20 od for using that means of 

21 reporting with respect to 

22 Tribal areas; and 

23 ‘‘(II) with respect to providers of 

24 terrestrial fixed and satellite 

25 broadband internet access service— 


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1 ‘‘(aa) polygon shapefiles; or 

2 ‘‘(bb) a list of addresses or 

3 locations that constitute the serv4 ice area of the provider, except 

5 that the Commission— 

6 ‘‘(AA) may only permit, 

7 and not require, a provider 

8 to report the data using that 

9 means of reporting; and 

10 ‘‘(BB) in the rules 

11 issued under subsection 

12 (a)(1), shall provide a meth13 od for using that means of 

14 reporting with respect to 

15 Tribal areas; and 

16 ‘‘(v) the Commission determines is ap17 propriate with respect to certain tech18 nologies in order to ensure that the 

19 Broadband Map is granular and accurate; 

20 and 

21 ‘‘(B) from each provider of mobile 

22 broadband internet access service, which shall 

23 include propagation maps, and propagation 

24 model details, that indicate the current (as of 

25 the date on which the information is collected) 


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1 fourth generation Long-Term Evolution (com2 monly referred to as ‘4G LTE’) mobile 

3 broadband internet access service coverage of 

4 the provider, which shall— 

5 ‘‘(i) take into consideration the effect 

6 of clutter; and 

7 ‘‘(ii) satisfy— 

8 ‘‘(I) the requirements of hav9 ing— 

10 ‘‘(aa) a download speed of 

11 not less than 5 megabits per sec12 ond and an upload speed of not 

13 less than 1 megabit per second 

14 with a cell edge probability of not 

15 less than 90 percent; and 

16 ‘‘(bb) cell loading of not less 

17 than 50 percent; and 

18 ‘‘(II) any other parameter that 

19 the Commission determines to be nec20 essary to create a map under sub21 section (c)(1)(C) that is more precise 

22 than the map produced as a result of 

23 the submissions under the Mobility 

24 Fund Phase II information collection. 


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1 ‘‘(3) UPDATE OF REPORTING STANDARDS FOR

2 MOBILE BROADBAND INTERNET ACCESS SERVICE.— 

3 For the purposes of paragraph (2)(B), if the Com4 mission determines that the reporting standards 

5 under that paragraph are insufficient to collect accu6 rate propagation maps and propagation model de7 tails with respect to future generations of mobile 

8 broadband internet access service technologies, the 

9 Commission shall immediately commence a rule10 making to adopt new reporting standards with re11 spect to those technologies that— 

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

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

14 and 

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

16 maps and propagation model details that are as 

17 accurate and granular as, or more accurate and 

18 granular than, the maps and model details col19 lected by the Commission under paragraph 

20 (2)(B). 

21 ‘‘(4) CERTIFICATION AND VERIFICATION.— 

22 With respect to a provider that submits information 

23 to the Commission under paragraph (2)— 

24 ‘‘(A) the provider shall include in each sub25 mission a certification from a corporate officer 


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1 of the provider that the officer has examined 

2 the information contained in the submission 

3 and that, to the best of the officer’s actual 

4 knowledge, information, and belief, all state5 ments of fact contained in the submission are 

6 true and correct; and 

7 ‘‘(B) the Commission shall verify the accu8 racy and reliability of the information in ac9 cordance with measures established by the 

10 Commission. 

11 ‘‘(5) CHALLENGE PROCESS.— 

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

13 under subsection (a)(1), and subject to sub14 paragraph (B), the Commission shall establish 

15 a user-friendly challenge process through which 

16 consumers, State, local, and Tribal govern17 mental entities, and other entities or persons 

18 may submit coverage data to the Commission to 

19 challenge the accuracy of— 

20 ‘‘(i) the coverage maps; 

21 ‘‘(ii) any information submitted by a 

22 provider regarding the availability of 

23 broadband internet access service; or 

24 ‘‘(iii) the information included in the 

25 Fabric. 


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1 ‘‘(B) CONSIDERATIONS; VERIFICATION; RE2 SPONSE TO CHALLENGES.—In establishing the 

3 challenge process required under subparagraph 

4 (A), the Commission shall— 

5 ‘‘(i) consider— 

6 ‘‘(I) the types of information that 

7 an entity or person submitting a chal8 lenge should provide to the Commis9 sion in support of the challenge; 

10 ‘‘(II) the appropriate level of 

11 granularity for the information de12 scribed in subclause (I); 

13 ‘‘(III) the need to mitigate the 

14 time and expense incurred by, and the 

15 administrative burdens placed on, en16 tities or persons in— 

17 ‘‘(aa) challenging the accu18 racy of a coverage map; and 

19 ‘‘(bb) responding to chal20 lenges described in item (aa); 

21 ‘‘(IV) the costs to consumers and 

22 providers resulting from a 

23 misallocation of funds because of a re24 liance on outdated or otherwise inacVerDate Sep 11 2014 04:16 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4229.PCS H4229

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1 curate information in the coverage 

2 maps; 

3 ‘‘(V) any lessons learned from 

4 the challenge process established 

5 under Mobility Fund Phase II, as de6 termined from comments solicited by 

7 the Commission; and 

8 ‘‘(VI) the need for user-friendly 

9 challenge submission formats that will 

10 promote participation in the challenge 

11 process; 

12 ‘‘(ii) include a process for verifying 

13 the data submitted through the challenge 

14 process in order to ensure the reliability of 

15 that data; 

16 ‘‘(iii) allow providers to respond to 

17 challenges submitted through the challenge 

18 process; and 

19 ‘‘(iv) develop an online mechanism, 

20 which— 

21 ‘‘(I) shall be integrated into the 

22 coverage maps; 

23 ‘‘(II) allows for an entity or per24 son described in subparagraph (A) to 


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1 submit a challenge under the chal2 lenge process; 

3 ‘‘(III) makes challenge data 

4 available in both geographic informa5 tion system and non-geographic infor6 mation system formats; and 

7 ‘‘(IV) clearly identifies the areas 

8 in which broadband internet access 

9 service is available, and the upload 

10 and download speeds at which that 

11 service is available, as reported to the 

12 Commission under this section. 

13 ‘‘(C) USE OF CHALLENGES.—The rules 

14 issued to establish the challenge process under 

15 subparagraph (A) shall include— 

16 ‘‘(i) a process for the speedy resolu17 tion of challenges; and 

18 ‘‘(ii) a process for the regular and ex19 peditious updating of the coverage maps 

20 and granular data the Commission dis21 seminates as challenges are resolved. 

22 ‘‘(D) AUTOMATION TOOL.—Not earlier 

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

24 after, the rules issued under subsection (a)(1) 

25 are implemented, the Commission shall, after 


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1 an opportunity for notice and comment, submit 

2 to the Committee on Energy and Commerce of 

3 the House of Representatives and the Com4 mittee on Commerce, Science, and Transpor5 tation of the Senate a report that— 

6 ‘‘(i) evaluates the challenge process; 

7 and 

8 ‘‘(ii) considers whether the Commis9 sion should amend its rules to create an 

10 automated tool that includes predictive ca11 pabilities to identify potential inaccuracies 

12 and features that allow a provider of 

13 broadband internet access service, the 

14 Commission, and the public to visualize the 

15 data relating to broadband internet access 

16 service that the provider reports in order 

17 to improve the accuracy of the data sub18 mitted by the provider. 

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

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

21 days after the date on which the rules issued 

22 under subsection (a)(1) take effect, the Com23 mission shall— 

24 ‘‘(i) reform the Form 477 broadband 

25 deployment service availability collection 


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1 process of the Commission to achieve the 

2 purposes of this title and in a manner that 

3 enables the comparison of data and maps 

4 produced before the implementation of this 

5 title with data and coverage maps pro6 duced after the implementation of this title 

7 and maintains the public availability of 

8 broadband deployment service availability 

9 data; and 

10 ‘‘(ii) harmonize reporting require11 ments and procedures regarding the de12 ployment of broadband internet access 

13 service that, as of the date on which the 

14 rules issued under subsection (a)(1) take 

15 effect, are in effect. 

16 ‘‘(B) CONTINUED COLLECTION AND RE17 PORTING.—On and after the date on which the 

18 Commission carries out subparagraph (A), the 

19 Commission shall continue to collect and pub20 licly report subscription data that the Commis21 sion collected through the Form 477 broadband 

22 deployment service availability collection proc23 ess, as in effect on July 1, 2019. 

24 ‘‘(c) MAPS.—The Commission shall— 


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1 ‘‘(1) after consulting with the Federal Geo2 graphic Data Committee established by section 

3 753(a) of the Geospatial Data Act of 2018 (43 

4 U.S.C. 2802(a)), create— 

5 ‘‘(A) the Broadband Map, which shall de6 pict— 

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

8 broadband internet access service in the 

9 United States, without regard to whether 

10 that service is fixed broadband internet ac11 cess service or mobile broadband internet 

12 access service, which shall be based on 

13 data collected by the Commission from all 

14 providers; and 

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

16 that remain unserved by providers; 

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

18 fixed broadband internet access service, which 

19 shall be based on data collected by the Commis20 sion from providers under subsection (b)(2)(A); 

21 and 

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

23 mobile broadband internet access service, which 

24 shall be based on data collected by the Commis25 sion from providers under subsection (b)(2)(B); 


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

2 (1)— 

3 ‘‘(A) to determine the areas in which ter4 restrial fixed, fixed wireless, mobile, and sat5 ellite broadband internet access service is and is 

6 not available; and 

7 ‘‘(B) when making any new award of fund8 ing with respect to the deployment of 

9 broadband internet access service; 

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

11 (1) not less frequently than biannually using the 

12 most recent data collected from providers under sub13 section (b)(2); 

14 ‘‘(4) make available to all Federal agencies, 

15 upon request, the maps created under paragraph 

16 (1); 

17 ‘‘(5) establish a process to make the data col18 lected under subsection (b)(2) available to the Na19 tional Telecommunications and Information Admin20 istration; and 

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

22 granularity— 

23 ‘‘(A) the maps created under paragraph 

24 (1); and 


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

2 with respect to broadband internet access serv3 ice availability and quality of service. 

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

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

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

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

8 date on which the Commission issues such rule. 

9 ‘‘SEC. 803. IMPROVING DATA ACCURACY. 

10 ‘‘(a) AUDITS.—The Commission shall conduct reg11 ular audits of information submitted to the Commission 

12 by providers under section 802(b)(2) to ensure that the 

13 providers are complying with this title. 

14 ‘‘(b) CROWDSOURCING.— 

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

16 ‘‘(A) develop a process through which enti17 ties or persons in the United States may submit 

18 specific information about the deployment and 

19 availability of broadband internet access service 

20 in the United States on an ongoing basis so 

21 that the information may be used to verify and 

22 supplement information provided by providers 

23 of broadband internet access service for inclu24 sion in the maps created under section 

25 802(c)(1); and 


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1 ‘‘(B) update the maps created under sec2 tion 802(c)(1) on no less than an annual cycle 

3 based on the information received through such 

4 process. 

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

6 of the Commission to facilitate the ability of entities 

7 or persons to submit information under paragraph 

8 (1), the Commission shall— 

9 ‘‘(A) prioritize the consideration of data 

10 provided by data collection applications used by 

11 consumers that the Commission has deter12 mined— 

13 ‘‘(i) are highly reliable; and 

14 ‘‘(ii) have proven methodologies for 

15 determining network coverage and network 

16 performance; and 

17 ‘‘(B) coordinate with the Postmaster Gen18 eral, or the heads of other Federal agencies 

19 that operate delivery fleet vehicles, to facilitate 

20 the submission of specific information by the 

21 United States Postal Service or such other 

22 agencies under paragraph (1). 

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

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

25 the Commission shall hold annual workshops for 


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1 Tribal governments to provide technical assistance 

2 with the collection and submission of data under sec3 tion 802(a)(2)(A). 

4 ‘‘(2) ANNUAL REVIEW.—Each year, the Com5 mission, in consultation with Indian Tribes, shall re6 view the need for continued workshops required 

7 under paragraph (1). 

8 ‘‘(d) TECHNICAL ASSISTANCE TO SMALL SERVICE

9 PROVIDERS.—The Commission shall establish a process 

10 through which a provider that has fewer than 100,000 ac11 tive broadband internet access service connections may re12 quest and receive assistance from the Commission with re13 spect to geographic information system data processing to 

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

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

16 manner. 

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

18 ‘‘(1) ASSESSMENT.—The Comptroller General 

19 of the United States shall conduct an assessment of 

20 key data sources that are used for purposes of the 

21 Fabric to identify and geocode locations where fixed 

22 broadband internet access service can be installed, in 

23 order to develop recommendations for how the qual24 ity and completeness of such data sources can be im25 proved as data sources for the Fabric. Data sources 


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1 to be assessed shall include any sources of relevant 

2 Federal data, including the National Address Data3 base administered by the Department of Transpor4 tation, State- and county-level digitized parcel data, 

5 and property tax record tax attribute recording. 

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

7 date of the enactment of this title, the Comptroller 

8 General shall submit to the Committee on Energy 

9 and Commerce of the House of Representatives and 

10 the Committee on Commerce, Science, and Trans11 portation of the Senate a report containing the rec12 ommendations developed in the assessment under 

13 paragraph (1). 

14 ‘‘(f) TECHNICAL ASSISTANCE TO CONSUMERS AND

15 STATE, LOCAL, AND TRIBAL GOVERNMENTAL ENTI16 TIES.—The Commission shall provide technical assistance 

17 to consumers and State, local, and Tribal governmental 

18 entities with respect to the challenge process established 

19 under section 802(b)(5), which shall include— 

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

21 ‘‘(2) making available staff of the Commission 

22 to provide assistance, as needed, throughout the en23 tirety of the challenge process. 


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HR 4229 PCS

1 ‘‘SEC. 804. COST. 

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

3 funds from the universal service programs of the Commis4 sion established under section 254, and the regulations 

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

6 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to the Commission to 

8 carry out this title— 

9 ‘‘(1) $25,000,000 for fiscal year 2021; and 

10 ‘‘(2) $9,000,000 for each of the fiscal years 

11 2022 through 2028. 

12 ‘‘SEC. 805. OTHER PROVISIONS. 

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

14 law, the initial rulemaking required under section 

15 802(a)(1) shall be exempt from review by the Office of 

16 Management and Budget. 

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

18 Code (commonly known as the ‘Paperwork Reduction 

19 Act’) shall not apply to the initial rulemaking required 

20 under section 802(a)(1). 

21 ‘‘(c) EXECUTION OF RESPONSIBILITIES.—Except, 

22 with respect to an entity that is not the Universal Service 

23 Administrative Company, as provided in sections 

24 802(a)(2)(B), 802(b)(1)(A)(ii), and 803(d), the Commis25 sion— 


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HR 4229 PCS

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

2 shall carry out the responsibilities assigned to the 

3 Commission under this title; and 

4 ‘‘(2) may not delegate any of the responsibil5 ities assigned to the Commission under this title to 

6 any third party, including the Universal Service Ad7 ministrative Company. 

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

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

10 Transportation of the Senate and the Committee on En11 ergy and Commerce of the House of Representatives a re12 port that summarizes the implementation of this title and 

13 associated enforcement activities conducted during the 

14 previous fiscal year.’’. 

Passed the House of Representatives December 16, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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kjohnson on DSK79L0C42 with BILLS
Calendar No. 345 

116TH CONGRESS 

1ST SESSION H. R. 4229 

AN ACT 

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 17, 2019 

Received; read twice and placed on the calendar 


kjohnson on DSK79L0C42 with BILLS