II 

Calendar No. 328 

116TH CONGRESS 

1ST SESSION S. 1822 

[Report No. 116–174] 

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 SENATE OF THE UNITED STATES 

JUNE 12, 2019 

Mr. WICKER (for himself, Mr. PETERS, Mr. THUNE, Ms. KLOBUCHAR, Mrs. 

CAPITO, Mr. GARDNER, Mr. MORAN, Ms. BALDWIN, Ms. ROSEN, Ms. 

SINEMA, Mr. YOUNG, Mr. SCHATZ, Mr. TESTER, Ms. DUCKWORTH, Mr. 

UDALL, Mr. MARKEY, Mrs. BLACKBURN, Mrs. FISCHER, Mr. 

BLUMENTHAL, Mrs. HYDE-SMITH, Mr. SULLIVAN, Mr. KING, Mr. BARRASSO, Mr. CRAMER, Mr. VAN HOLLEN, Ms. CORTEZ MASTO, Mr. BURR, 

Mr. RISCH, Mr. TILLIS, Ms. MCSALLY, Mr. CRAPO, Mr. BOOZMAN, Ms. 

COLLINS, Ms. HASSAN, Ms. SMITH, Mr. COTTON, Mr. DURBIN, Mr. 

HOEVEN, Mr. SANDERS, Mr. PERDUE, Mrs. MURRAY, Mr. BROWN, Mr. 

CARDIN, Mr. LANKFORD, Mr. CORNYN, Mr. MERKLEY, Mrs. SHAHEEN, 

Ms. HARRIS, Mrs. GILLIBRAND, Mr. CASEY, Mr. JONES, Mr. BRAUN, Mr. 

GRAHAM, Ms. HIRONO, Mr. LEAHY, Ms. WARREN, Mr. COONS, Ms. 

ERNST, Mr. BLUNT, Mr. RUBIO, Mr. SCOTT of Florida, Ms. STABENOW, 

Mr. MANCHIN, Mr. JOHNSON, Mr. SCOTT of South Carolina, Mr. SCHUMER, and Mr. ENZI) introduced the following bill; which was read twice 

and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 12, 2019 

Reported by Mr. WICKER, with an amendment 


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

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. 

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. DEFINITIONS. 

8 In this Act: 

9 (1) BROADBAND INTERNET ACCESS SERVICE.— 

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

11 the meaning given the term in section 8.1(b) of title 

12 47, Code of Federal Regulations, or any successor 

13 regulation. 

14 (2) CELL EDGE PROBABILITY.—The term ‘‘cell 

15 edge probability’’ means the likelihood that the min16 imum threshold download and upload speeds with 

17 respect to broadband internet access service will be 

18 met or exceeded at a distance from a base station 


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1 that is intended to indicate the ultimate edge of the 

2 coverage area of a cell. 

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

4 means the percentage of the available air interface 

5 resources of a base station that are used by con6 sumers with respect to broadband internet access 

7 service. 

8 (4) CLUTTER.—The term ‘‘clutter’’ means a 

9 natural or man-made surface feature that affects the 

10 propagation of a signal from a base station. 

11 (5) COMMISSION.—The term ‘‘Commission’’ 

12 means the Federal Communications Commission. 

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

14 Broadband Serviceable Location Fabric established 

15 under section 3(b)(1)(B). 

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

17 Form 477 of the Commission relating to local tele18 phone competition and broadband reporting. 

19 (8) MOBILITY FUND PHASE II.—The term ‘‘Mo20 bility Fund Phase II’’ means the second phase of the 

21 proceeding to provide universal service support from 

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

23 Docket No. 10–208). 

24 (9) PROPAGATION MODEL.—The term ‘‘propa25 gation model’’ means a mathematical formulation 


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1 for the characterization of radio wave propagation as 

2 a function of frequency, distance, and other condi3 tions. 

4 (10) PROVIDER.—The term ‘‘provider’’ means a 

5 provider of fixed or mobile broadband internet access 

6 service. 

7 (11) SHAPEFILE.—The term ‘‘shapefile’’ means 

8 a digital storage format containing geospatial or lo9 cation-based data and attribute information— 

10 (A) regarding the availability of broadband 

11 internet access service; and 

12 (B) that can viewed, edited, and mapped in 

13 geographic information system software. 

14 (12) STANDARD BROADBAND INSTALLATION.— 

15 The term ‘‘standard broadband installation’’— 

16 (A) means the initiation by a provider of 

17 new fixed broadband internet access service 

18 with no charges or delays attributable to the ex19 tension of the network of the provider; and 

20 (B) includes the initiation of fixed broad21 band internet access service through routine in22 stallation that can be completed not later than 

23 10 business days after the date on which the 

24 service request is submitted. 


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1 SEC. 3. BROADBAND MAPS. 

2 (a) RULES.— 

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

4 after the date of enactment of this Act, the Commis5 sion shall issue final rules that shall— 

6 (A) allow for the collection by the Commis7 sion of granular data— 

8 (i) relating to the availability of ter9 restrial fixed, fixed wireless, satellite, and 

10 mobile broadband internet access service; 

11 and 

12 (ii) that the Commission shall use to 

13 compile maps that depict the availability 

14 described in clause (i) (referred to in this 

15 section as ‘‘coverage maps’’), which the 

16 Commission shall make publicly available; 

17 and 

18 (B) establish the challenge process de19 scribed in subsection (b)(4). 

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

21 paragraph (1), the Commission shall consider wheth22 er to collect verified coverage data from— 

23 (A) State, local, and Tribal governmental 

24 entities that are primarily responsible for map25 ping or tracking broadband internet access 


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1 service coverage for a State, unit of local gov2 ernment, or Indian Tribe, as applicable; and 

3 (B) other sources. 

4 (3) UPDATES.—The Commission shall revise 

5 the rules issued under paragraph (1) to— 

6 (A) reflect changes in technology; 

7 (B) ensure the accuracy of propagation 

8 models; or 

9 (C) verify the accuracy of data submitted 

10 under subsection (b)(2). 

11 (b) CONTENT OF RULES.— 

12 (1) ESTABLISHMENT OF A SERVICEABLE LOCA13 TION FABRIC REGARDING FIXED BROADBAND.—The 

14 rules issued by the Commission under subsection 

15 (a)(1) shall— 

16 (A) require the Commission to engage with 

17 an entity with expertise with respect to geo18 graphic information systems (referred to in this 

19 subsection as ‘‘GIS’’) to create a common 

20 dataset of all locations in the United States 

21 where fixed broadband internet access service 

22 can be installed, as determined by the Commis23 sion; 

24 (B) establish the Broadband Serviceable 

25 Location Fabric, which shall— 


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1 (i) subject to subparagraph (C), con2 tain geocoded information for each location 

3 identified under clause (i); 

4 (ii) serve as the foundation upon 

5 which all data relating to the availability of 

6 fixed broadband internet access service col7 lected under paragraph (2)(A) shall be 

8 overlaid; 

9 (iii) be compatible with commonly 

10 used GIS software; and 

11 (iv) at a minimum, be updated annu12 ally by the Commission to ensure that GIS 

13 location data is continuously improved and 

14 current; and 

15 (C) prioritize implementing the Fabric for 

16 rural areas of the United States before imple17 menting the Fabric for urban and suburban 

18 areas of the United States. 

19 (2) COLLECTION OF INFORMATION.—The rules 

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

21 shall provide that the Commission shall collect— 

22 (A) from each provider of terrestrial fixed, 

23 fixed wireless, or satellite broadband internet 

24 access service, data that— 


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1 (i) allows for an understanding of 

2 where a standard broadband installation 

3 can occur; 

4 (ii) includes information regarding the 

5 download and upload speeds with respect 

6 to broadband internet access service that 

7 the provider makes available; 

8 (iii) can be georeferenced to the GIS 

9 data in the Fabric regarding the service 

10 area of the provider; and 

11 (iv) the provider shall report as— 

12 (I) with respect to providers of 

13 fixed wireless broadband internet ac14 cess service— 

15 (aa) propagation maps and 

16 propagation model details that— 

17 (AA) satisfy standards 

18 that are similar to those ap19 plicable to providers of mo20 bile broadband internet ac21 cess service under subpara22 graph (B) with respect to 

23 propagation maps and prop24 agation model details; and 


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1 (BB) reflect the actual 

2 speeds and latency asserted 

3 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 may only permit, 

8 and not require, a provider to re9 port the data using that means 

10 of reporting; and 

11 (II) with respect to providers of 

12 terrestrial fixed and satellite broad13 band internet access service— 

14 (aa) polygon shapefiles; or 

15 (bb) a list of addresses or lo16 cations that constitute the service 

17 area of the provider, except that 

18 the Commission may only permit, 

19 and not require, a provider to re20 port the data using that means 

21 of reporting; and 

22 (B) from each provider of mobile broad23 band internet access service, propagation maps 

24 and propagation model details that— 


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1 (i) indicate the current (as of the date 

2 on which the information is collected) mo3 bile broadband internet access service cov4 erage of the provider, taking into consider5 ation the effect of clutter; and 

6 (ii) satisfy minimum standards relat7 ing to speed, cell edge probability, and cell 

8 loading that exceed the standards that pro9 viders of mobile broadband internet access 

10 service were required to satisfy when mak11 ing submissions under the Mobility Fund 

12 Phase II information collection. 

13 (3) CERTIFICATION.—With respect to a pro14 vider that submits information to the Commission 

15 under paragraph (2)— 

16 (A) the provider shall include in each sub17 mission a certification from a senior executive 

18 of the provider that the senior executive has ex19 amined the information contained in the sub20 mission and that, to the best of the executive’s 

21 knowledge, information, and belief, all state22 ments of fact contained in the submission are 

23 true and correct; and 


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1 (B) the Commission shall verify the accu2 racy of the information in accordance with 

3 measures established by the Commission. 

4 (4) CHALLENGE PROCESS.— 

5 (A) IN GENERAL.—In the rules issued 

6 under subsection (a), and subject to subpara7 graph (B), the Commission shall establish a 

8 user-friendly challenge process through which 

9 consumers, State, local, and Tribal govern10 mental entities, and other entities may submit 

11 coverage data to the Commission to challenge 

12 the coverage maps. 

13 (B) CONSIDERATIONS; VERIFICATION; RE14 SPONSE TO CHALLENGES.—In establishing the 

15 challenge process required under subparagraph 

16 (A), the Commission shall— 

17 (i) consider— 

18 (I) the information that an entity 

19 submitting a challenge under that 

20 process should be permitted to provide 

21 to the Commission; 

22 (II) the appropriate level of gran23 ularity with respect to the information 

24 submitted by an entity described in 

25 subclause (I); 


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1 (III) the time and expense in2 curred by consumers and providers in 

3 challenging the accuracy of a coverage 

4 map; and 

5 (IV) the costs to consumers and 

6 providers resulting from a misalloca7 tion of funds for a period of more 

8 than 1 year because of a reliance on 

9 outdated or otherwise inaccurate in10 formation; 

11 (ii) include a process for verifying the 

12 data submitted through the challenge proc13 ess in order to ensure the reliability of that 

14 data; and 

15 (iii) allow providers to respond to 

16 challenges submitted through the challenge 

17 process. 

18 (C) USE OF CHALLENGES.—The Commis19 sion shall use data submitted through the chal20 lenge process established under subparagraph 

21 (A) to evaluate the accuracy of the coverage 

22 maps and update the maps as the Commission 

23 adjudicates challenges brought through that 

24 process. 


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1 (5) REFORM OF FORM 477 PROCESS.—Not later 

2 than 180 days after the date on which the rules 

3 issued under subsection (a) take effect, the Commis4 sion shall reform— 

5 (A) the Form 477 broadband deployment 

6 service availability collection process of the 

7 Commission; and 

8 (B) duplicative reporting requirements and 

9 procedures regarding the availability of broad10 band internet access service that, as of that 

11 date, are in effect. 

12 (c) MAPS.—The Commission shall— 

13 (1) compile— 

14 (A) a map that depicts the availability of 

15 fixed broadband internet access service, which 

16 shall reflect data collected by the Commission 

17 from providers under subsection (b)(2)(A), as 

18 refined and modified through the adjudication 

19 of challenges submitted under subsection (b)(4); 

20 and 

21 (B) a map that depicts the availability of 

22 mobile broadband internet access service, which 

23 shall reflect data collected by the Commission 

24 from providers under subsection (b)(2)(B), as 


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1 refined and modified through the adjudication 

2 of challenges submitted under subsection (b)(4); 

3 (2) use the coverage maps— 

4 (A) to determine the areas in which broad5 band internet access service is and is not avail6 able; and 

7 (B) before making any award of funding 

8 with respect to the deployment of broadband 

9 internet access service; and 

10 (3) update the coverage maps not less fre11 quently than annually using the most recent data 

12 collected from providers under subsection (b)(2). 

13 SEC. 4. ENFORCEMENT. 

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

15 to willfully and knowingly submit information or data 

16 under this Act that is inaccurate with respect to the avail17 ability of broadband internet access service. 

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

19 (a) shall be subject to an appropriate penalty, as deter20 mined by the Commission, under— 

21 (1) the Communications Act of 1934 (47 

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

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

24 (2) the rules of the Commission. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Broadband Deployment 

3 Accuracy and Technological Availability Act’’ or the 

4 ‘‘Broadband DATA Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) BROADBAND INTERNET ACCESS SERVICE.— 

8 The term ‘‘broadband internet access service’’ has the 

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

10 Code of Federal Regulations, or any successor regula11 tion. 

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

13 Map’’ means the map created by the Commission 

14 under section 3(c)(1)(A). 

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

16 edge probability’’ means the likelihood that the min17 imum threshold download and upload speeds with re18 spect to broadband internet access service will be met 

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

20 intended to indicate the ultimate edge of the coverage 

21 area of a cell. 

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

23 means the percentage of the available air interface re24 sources of a base station that are used by consumers 

25 with respect to broadband internet access service. 


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1 (5) CLUTTER.—The term ‘‘clutter’’ means a nat2 ural or man-made surface feature that affects the 

3 propagation of a signal from a base station. 

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

5 means the Federal Communications Commission. 

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

7 Broadband Serviceable Location Fabric established 

8 under section 3(b)(1)(B). 

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

10 Form 477 of the Commission relating to local tele11 phone competition and broadband reporting. 

12 (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

13 has the meaning given the term ‘‘Indian tribe’’ in sec14 tion 4 of the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 5304). 

16 (10) MOBILITY FUND PHASE II.—The term ‘‘Mo17 bility Fund Phase II’’ means the second phase of the 

18 proceeding to provide universal service support from 

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

20 No. 10–208). 

21 (11) PROPAGATION MODEL.—The term ‘‘propa22 gation model’’ means a mathematical formulation for 

23 the characterization of radio wave propagation as a 

24 function of frequency, distance, and other conditions. 


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

2 provider of fixed or mobile broadband internet access 

3 service. 

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

5 digital storage format containing geospatial or loca6 tion-based data and attribute information— 

7 (A) regarding the availability of broadband 

8 internet access service; and 

9 (B) that can be viewed, edited, and mapped 

10 in geographic information system software. 

11 (14) STANDARD BROADBAND INSTALLATION.— 

12 The term ‘‘standard broadband installation’’— 

13 (A) means the initiation by a provider of 

14 new fixed broadband internet access service with 

15 no charges or delays attributable to the extension 

16 of the network of the provider; and 

17 (B) includes the initiation of fixed 

18 broadband internet access service through routine 

19 installation that can be completed not later than 

20 10 business days after the date on which the 

21 service request is submitted. 

22 SEC. 3. BROADBAND MAPS. 

23 (a) RULES.— 


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

2 the date of enactment of this Act, the Commission 

3 shall issue final rules that shall— 

4 (A) allow for the collection by the Commis5 sion of accurate and granular data, not less fre6 quently than biannually— 

7 (i) relating to the availability of terres8 trial fixed, fixed wireless, satellite, and mo9 bile broadband internet access service; and 

10 (ii) that the Commission shall use to 

11 compile the maps created under subsection 

12 (c)(1) (referred to in this section as ‘‘cov13 erage maps’’), which the Commission shall 

14 make publicly available; and 

15 (B) establish— 

16 (i) processes through which the Com17 mission can verify the accuracy of data sub18 mitted under subsection (b)(2); 

19 (ii) processes and procedures through 

20 which the Commission, and, as necessary, 

21 other entities or persons submitting infor22 mation under this Act, can protect the secu23 rity, privacy, and confidentiality of— 

24 (I) information contained in the 

25 Fabric; 


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1 (II) the dataset created under sub2 section (b)(1) supporting the Fabric; 

3 and 

4 (III) the data submitted under 

5 subsection (b)(2); 

6 (iii) the challenge process described in 

7 subsection (b)(5); and 

8 (iv) the process described in section 

9 5(b). 

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

11 paragraph (1), the Commission shall develop a proc12 ess through which the Commission can collect verified 

13 data for use in the coverage maps from— 

14 (A) State, local, and Tribal governmental 

15 entities that are primarily responsible for map16 ping or tracking broadband internet access serv17 ice coverage for a State, unit of local govern18 ment, or Indian Tribe, as applicable; 

19 (B) third parties, if the Commission deter20 mines that it is in the public interest to use such 

21 data in— 

22 (i) the development of the coverage 

23 maps; or 

24 (ii) the verification of data submitted 

25 under subsection (b); and 


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1 (C) other Federal agencies. 

2 (3) UPDATES.—The Commission shall revise the 

3 rules issued under paragraph (1) to— 

4 (A) reflect changes in technology; 

5 (B) ensure the accuracy of propagation 

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

7 and 

8 (C) improve the usefulness of the coverage 

9 maps. 

10 (b) CONTENT OF RULES.— 

11 (1) ESTABLISHMENT OF A SERVICEABLE LOCA12 TION FABRIC REGARDING FIXED BROADBAND.— 

13 (A) DATASET.— 

14 (i) IN GENERAL.—The Commission 

15 shall create a common dataset of all loca16 tions in the United States where fixed 

17 broadband internet access service can be in18 stalled, as determined by the Commission. 

19 (ii) CONTRACTING.— 

20 (I) IN GENERAL.—Subject to sub21 clauses (II) and (III), the Commission 

22 may contract with an entity with ex23 pertise with respect to geographic in24 formation systems (referred to in this 


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1 subsection as ‘‘GIS’’) to create and 

2 maintain the dataset under clause (i). 

3 (II) APPLICATION OF THE FED4 ERAL ACQUISITION REGULATION.—A 

5 contract into which the Commission 

6 enters under subclause (I) shall in all 

7 respects comply with applicable provi8 sions of the Federal Acquisition Regu9 lation. 

10 (III) LIMITATIONS.—With respect 

11 to a contract into which the Commis12 sion enters under subclause (I)— 

13 (aa) the entity with which 

14 the Commission contracts shall be 

15 selected through a competitive bid 

16 process that is transparent and 

17 open; and 

18 (bb) the contract shall be for 

19 a term of not longer than 5 years, 

20 after which the Commission may 

21 enter into a new contract— 

22 (AA) with an entity, 

23 and for the purposes, de24 scribed in subclause (I); and 


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1 (BB) that complies with 

2 the requirements under sub3 clause (II) and this sub4 clause. 

5 (B) FABRIC.—The rules issued by the Com6 mission under subsection (a)(1) shall establish 

7 the Broadband Serviceable Location Fabric, 

8 which shall— 

9 (i) contain geocoded information for 

10 each location identified under subparagraph 

11 (A)(i); 

12 (ii) serve as the foundation upon which 

13 all data relating to the availability of fixed 

14 broadband internet access service collected 

15 under paragraph (2)(A) shall be reported 

16 and overlaid; 

17 (iii) be compatible with commonly 

18 used GIS software; and 

19 (iv) at a minimum, be updated annu20 ally by the Commission. 

21 (C) IMPLEMENTATION PRIORITY.—The Com22 mission shall prioritize implementing the Fabric 

23 for rural and insular areas of the United States. 

24 (2) COLLECTION OF INFORMATION.—The rules 

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


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1 shall include uniform standards for the reporting of 

2 broadband internet access service data that the Com3 mission shall collect— 

4 (A) from each provider of terrestrial fixed, 

5 fixed wireless, or satellite broadband internet ac6 cess service, which shall include data that— 

7 (i) documents the areas where the pro8 vider— 

9 (I) has actually built out the 

10 broadband network infrastructure of 

11 the provider such that the provider is 

12 able to provide that service; and 

13 (II) could provide that service, as 

14 determined by identifying where the 

15 provider is capable of performing a 

16 standard broadband installation, if ap17 plicable; 

18 (ii) includes information regarding 

19 download and upload speeds, at various 

20 thresholds established by the Commission, 

21 and, if applicable, latency with respect to 

22 broadband internet access service that the 

23 provider makes available; 

24 (iii) can be georeferenced to the GIS 

25 data in the Fabric; 


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1 (iv) the provider shall report as— 

2 (I) with respect to providers of 

3 fixed wireless broadband internet ac4 cess service— 

5 (aa) propagation maps and 

6 propagation model details that— 

7 (AA) satisfy standards 

8 that are similar to those ap9 plicable to providers of mo10 bile broadband internet ac11 cess service under subpara12 graph (B) with respect to 

13 propagation maps and prop14 agation model details, taking 

15 into account material dif16 ferences between fixed wire17 less and mobile broadband 

18 internet access service; and 

19 (BB) reflect the speeds 

20 and latency of the service 

21 provided by the provider; 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 issued 

6 under subsection (a)(1), shall 

7 provide a method for using 

8 that means of reporting with 

9 respect to Tribal areas; and 

10 (II) with respect to providers of 

11 terrestrial fixed and satellite 

12 broadband internet access service— 

13 (aa) polygon shapefiles; or 

14 (bb) a list of addresses or lo15 cations that constitute the service 

16 area of the provider, except that 

17 the Commission— 

18 (AA) may only permit, 

19 and not require, a provider 

20 to report the data using that 

21 means of reporting; and 

22 (BB) in the rules issued 

23 under subsection (a)(1), shall 

24 provide a method for using 


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1 that means of reporting with 

2 respect to Tribal areas; and 

3 (v) the Commission determines is ap4 propriate with respect to certain tech5 nologies in order to ensure that the 

6 Broadband Map is granular and accurate; 

7 and 

8 (B) from each provider of mobile broadband 

9 internet access service, which shall include prop10 agation maps, and the propagation models on 

11 which those maps are based, that indicate the 

12 current (as of the date on which the information 

13 is collected) fourth generation Long-Term Evo14 lution (commonly referred to as ‘‘4G LTE’’) mo15 bile broadband internet access service coverage of 

16 the provider, which shall— 

17 (i) take into consideration the effect of 

18 clutter; and 

19 (ii) satisfy— 

20 (I) the requirements of having— 

21 (aa) a download speed of 5 

22 megabits per second and an 

23 upload speed of 1 megabit per sec24 ond with a cell edge probability of 

25 not less than 90 percent; and 


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1 (bb) cell loading of 50 per2 cent; and 

3 (II) any other parameter that the 

4 Commission determines to be necessary 

5 to create a map under subsection 

6 (c)(1)(C) that is more precise than the 

7 map produced as a result of the sub8 missions under the Mobility Fund 

9 Phase II information collection. 

10 (3) UPDATE OF REPORTING STANDARDS FOR MO11 BILE BROADBAND INTERNET ACCESS SERVICE.—For 

12 the purposes of paragraph (2)(B), if the Commission 

13 determines that the reporting standards under that 

14 paragraph are insufficient to collect accurate propa15 gation maps and propagation model details with re16 spect to future generations of mobile broadband inter17 net access service technologies, the Commission shall 

18 immediately commence a rule making to adopt new 

19 reporting standards with respect to those technologies 

20 that— 

21 (A) shall be the functional equivalent of the 

22 standards required under paragraph (2)(B); and 

23 (B) allow for the collection of propagation 

24 maps and propagation model details that are as 

25 accurate and granular as, or more accurate and 


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1 granular than, the maps and model details col2 lected by the Commission under paragraph 

3 (2)(B). 

4 (4) CERTIFICATION AND VERIFICATION.—With 

5 respect to a provider that submits information to the 

6 Commission under paragraph (2)— 

7 (A) the provider shall include in each sub8 mission a certification from a corporate officer of 

9 the provider that the officer has examined the in10 formation contained in the submission and that, 

11 to the best of the officer’s actual knowledge, infor12 mation, and belief, all statements of fact con13 tained in the submission are true and correct; 

14 and 

15 (B) the Commission shall verify the accu16 racy and reliability of the information in ac17 cordance with measures established by the Com18 mission. 

19 (5) CHALLENGE PROCESS.— 

20 (A) IN GENERAL.—In the rules issued under 

21 subsection (a), and subject to subparagraph (B), 

22 the Commission shall establish a user-friendly 

23 challenge process through which consumers, 

24 State, local, and Tribal governmental entities, 


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1 and other entities may submit coverage data to 

2 the Commission to challenge the accuracy of— 

3 (i) the coverage maps; 

4 (ii) any information submitted by a 

5 provider regarding the availability of 

6 broadband internet access service; or 

7 (iii) the information included in the 

8 Fabric. 

9 (B) CONSIDERATIONS; VERIFICATION; RE10 SPONSE TO CHALLENGES.—In establishing the 

11 challenge process required under subparagraph 

12 (A), the Commission shall— 

13 (i) consider— 

14 (I) the types of information that 

15 an entity submitting a challenge 

16 should provide to the Commission in 

17 support of the challenge; 

18 (II) the appropriate level of gran19 ularity for the information described 

20 in subclause (I); 

21 (III) the need to mitigate the time 

22 and expense incurred by, and the ad23 ministrative burdens placed on, enti24 ties in— 


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1 (aa) challenging the accuracy 

2 of a coverage map; and 

3 (bb) responding to challenges 

4 described in item (aa); and 

5 (IV) the costs to consumers and 

6 providers resulting from a 

7 misallocation of funds because of a re8 liance on outdated or otherwise inac9 curate information in the coverage 

10 maps; 

11 (ii) include a process for verifying the 

12 data submitted through the challenge proc13 ess in order to ensure the reliability of that 

14 data; 

15 (iii) allow providers to respond to 

16 challenges submitted through the challenge 

17 process; and 

18 (iv) develop an online mechanism, 

19 which— 

20 (I) shall be integrated into the 

21 coverage maps; and 

22 (II) allows for an entity described 

23 in subparagraph (A) to submit a chal24 lenge under the challenge process. 


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1 (C) USE OF CHALLENGES.—The rules 

2 issued to establish the challenge process under 

3 subparagraph (A) shall include— 

4 (i) a process for the speedy resolution 

5 of challenges; and 

6 (ii) a process for the regular and expe7 ditious updating of the coverage maps as 

8 challenges are resolved. 

9 (6) REFORM OF FORM 477 PROCESS.— 

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

11 after the date on which the rules issued under 

12 subsection (a) take effect, the Commission shall— 

13 (i) reform the Form 477 broadband de14 ployment service availability collection 

15 process of the Commission to make the proc16 ess consistent with this Act and the rules 

17 issued under this Act; and 

18 (ii) remove duplicative reporting re19 quirements and procedures regarding the 

20 deployment of broadband internet access 

21 service that, as of that date, are in effect. 

22 (B) CONTINUED COLLECTION AND REPORT23 ING.—On and after the date on which the Com24 mission carries out subparagraph (A), the Com25 mission shall continue to collect and publicly reVerDate Sep 11 2014 21:53 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\S1822.RS S1822

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1 port subscription data that the Commission col2 lected through the Form 477 broadband deploy3 ment service availability process, as in effect on 

4 July 1, 2019. 

5 (c) MAPS.—The Commission shall— 

6 (1) create— 

7 (A) the Broadband Map, which shall de8 pict— 

9 (i) the extent of the availability of 

10 broadband internet access service in the 

11 United States, without regard to whether 

12 that service is fixed broadband internet ac13 cess service or mobile broadband internet 

14 access service, which shall be based on data 

15 collected by the Commission from all pro16 viders; and 

17 (ii) the areas of the United States that 

18 remain unserved by providers; 

19 (B) a map that depicts the availability of 

20 fixed broadband internet access service, which 

21 shall be based on data collected by the Commis22 sion from providers under subsection (b)(2)(A); 

23 and 

24 (C) a map that depicts the availability of 

25 mobile broadband internet access service, which 


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1 shall be based on data collected by the Commis2 sion from providers under subsection (b)(2)(B); 

3 (2) use the maps created under paragraph (1)— 

4 (A) to determine the areas in which terres5 trial fixed, fixed wireless, mobile, and satellite 

6 broadband internet access service is and is not 

7 available; and 

8 (B) when making any new award of fund9 ing with respect to the deployment of broadband 

10 internet access service; 

11 (3) update the maps created under paragraph 

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

13 recent data collected from providers under subsection 

14 (b)(2); 

15 (4) establish a process requiring the Department 

16 of Agriculture and the National Telecommunications 

17 and Information Administration to consult the maps 

18 created under paragraph (1) when, as of the date on 

19 which the process is established or on any future date, 

20 distributing funds relating to the deployment of 

21 broadband internet access service under any program 

22 administered by the Rural Utilities Service or the Ad23 ministration, respectively; and 


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1 (5) establish a process to make the data collected 

2 under subsection (b)(2) available to the National Tele3 communications and Information Administration. 

4 SEC. 4. ENFORCEMENT. 

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

6 or entity to willfully and knowingly, or recklessly, submit 

7 information or data under this Act that is materially inac8 curate or incomplete with respect to the availability of 

9 broadband internet access service. 

10 (b) VIOLATIONS.—A violation of this Act shall be treat11 ed as a violation of the Communications Act of 1934 (47 

12 U.S.C. 151 et seq.), and the Commission shall enforce this 

13 Act in the same manner, by the same means, and with the 

14 same jurisdiction, powers, and duties as though all applica15 ble terms and provisions of that Act were incorporated into 

16 and made a part of this Act. 

17 SEC. 5. IMPROVING DATA ACCURACY. 

18 (a) AUDITS.—The Commission shall conduct regular 

19 audits of information submitted to the Commission by pro20 viders under section 3(b)(2) to ensure that the providers are 

21 complying with this Act. 

22 (b) CROWDSOURCING.— 

23 (1) IN GENERAL.—The Commission shall develop 

24 a process through which persons in the United States 

25 may submit specific information about the deployVerDate Sep 11 2014 21:53 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\S1822.RS S1822

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1 ment and availability of broadband internet access 

2 service in the United States so that the information 

3 may be used to verify and supplement information 

4 provided by providers of broadband internet access 

5 service for inclusion in the maps created under sec6 tion 3(c)(1). 

7 (2) COLLABORATION.—As part of the efforts of 

8 the Commission to facilitate the ability of persons to 

9 submit information under paragraph (1), the Com10 mission shall issue guidance and other information as 

11 appropriate to ensure that the information submitted 

12 is uniform and consistent with the data submitted by 

13 providers under section 3(b)(2). 

14 (c) TECHNICAL ASSISTANCE TO INDIAN TRIBES.— 

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

16 Commission shall hold workshops for Tribal govern17 ments in each of the 12 Bureau of Indian Affairs re18 gions to provide technical assistance with the collec19 tion and submission of data under section 3(a)(2). 

20 (2) ANNUAL REVIEW.—Each year, the Commis21 sion, in consultation with Indian Tribes, shall review 

22 the need for continued workshops required under 

23 paragraph (1). 

24 (d) TECHNICAL ASSISTANCE TO SMALL SERVICE PRO25 VIDERS.—The Commission shall establish a process through 


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1 which a provider that has fewer than 100,000 active 

2 broadband internet access service connections may request 

3 and receive assistance from the Commission with respect 

4 to geographic information system data processing to ensure 

5 that the provider is able to comply with the requirements 

6 under section 3(b) in a timely and accurate manner. 

7 SEC. 6. COST. 

8 (a) IN GENERAL.—Beginning with the first full fiscal 

9 year after the date of enactment of this Act, the Commission 

10 shall include in the budget submission of the Commission 

11 to the President under sections 1105(a) and 1108 of title 

12 31, United States Code, amounts sufficient to ensure the 

13 proper and continued functioning of the responsibilities of 

14 the Commission under this Act. 

15 (b) COST OF FABRIC.— 

16 (1) USF.—The Commission may not use funds 

17 from the universal service programs of the Commis18 sion established under section 254 of the Communica19 tions Act of 1934 (47 U.S.C. 254), and the regulations 

20 issued under that section, to pay for any costs associ21 ated with this Act. 

22 (2) OTHER FUNDS.—The Commission may re23 cover costs associated with this Act under section 9 of 

24 the Communications Act of 1934 (47 U.S.C. 159) to 


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1 the extent provided for in an appropriation Act, as 

2 required under subsection (a) of that section. 

3 SEC. 7. OTHER PROVISIONS. 

4 (a) OMB.—Notwithstanding any other provision of 

5 law, the initial rule making required under section 3(a)(1) 

6 shall be exempt from review by the Office of Management 

7 and Budget. 

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

9 (commonly known as the ‘‘Paperwork Reduction Act’’), 

10 shall not apply to the initial rule making required under 

11 section 3(a)(1). 

12 (c) EXECUTION OF RESPONSIBILITIES.—Except as 

13 provided in section 3(b)(1)(A)(ii), the Commission— 

14 (1) including the offices of the Commission, shall 

15 carry out the responsibilities assigned to the Commis16 sion under this Act; and 

17 (2) may not delegate any of the responsibilities 

18 assigned to the Commission under this Act to any 

19 third party, including the Universal Service Adminis20 trative Company. 

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

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

23 Transportation of the Senate and the Committee on Energy 

24 and Commerce of the House of Representatives a report that 

25 summarizes the implementation of this Act and associated 


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1 enforcement activities conducted during the previous fiscal 

2 year. 


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kjohnson on DSK79L0C42 with BILLS
Calendar No. 328 

116TH CONGRESS 

1ST SESSION S. 1822 

[Report No. 116–174] 

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 12, 2019 

Reported with an amendment 


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