II 

116TH CONGRESS 

1ST SESSION S. 1822 

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, and Ms. KLOBUCHAR) 

introduced the following bill; which was read twice and referred to the 

Committee on Commerce, Science, and Transportation 

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: 


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1 (1) BROADBAND INTERNET ACCESS SERVICE.— 

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

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

4 47, Code of Federal Regulations, or any successor 

5 regulation. 

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

7 edge probability’’ means the likelihood that the min8 imum threshold download and upload speeds with 

9 respect to broadband internet access service will be 

10 met or exceeded at a distance from a base station 

11 that is intended to indicate the ultimate edge of the 

12 coverage area of a cell. 

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

14 means the percentage of the available air interface 

15 resources of a base station that are used by con16 sumers with respect to broadband internet access 

17 service. 

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

19 natural or man-made surface feature that affects the 

20 propagation of a signal from a base station. 

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

22 means the Federal Communications Commission. 

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

24 Broadband Serviceable Location Fabric established 

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


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

2 Form 477 of the Commission relating to local tele3 phone competition and broadband reporting. 

4 (8) MOBILITY FUND PHASE II.—The term ‘‘Mo5 bility Fund Phase II’’ means the second phase of the 

6 proceeding to provide universal service support from 

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

8 Docket No. 10–208). 

9 (9) PROPAGATION MODEL.—The term ‘‘propa10 gation model’’ means a mathematical formulation 

11 for the characterization of radio wave propagation as 

12 a function of frequency, distance, and other condi13 tions. 

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

15 provider of fixed or mobile broadband internet access 

16 service. 

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

18 a digital storage format containing geospatial or lo19 cation-based data and attribute information— 

20 (A) regarding the availability of broadband 

21 internet access service; and 

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

23 geographic information system software. 

24 (12) STANDARD BROADBAND INSTALLATION.— 

25 The term ‘‘standard broadband installation’’— 


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1 (A) means the initiation by a provider of 

2 new fixed broadband internet access service 

3 with no charges or delays attributable to the ex4 tension of the network of the provider; and 

5 (B) includes the initiation of fixed broad6 band internet access service through routine in7 stallation that can be completed not later than 

8 10 business days after the date on which the 

9 service request is submitted. 

10 SEC. 3. BROADBAND MAPS. 

11 (a) RULES.— 

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

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

15 (A) allow for the collection by the Commis16 sion of granular data— 

17 (i) relating to the availability of ter18 restrial fixed, fixed wireless, satellite, and 

19 mobile broadband internet access service; 

20 and 

21 (ii) that the Commission shall use to 

22 compile maps that depict the availability 

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

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


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1 Commission shall make publicly available; 

2 and 

3 (B) establish the challenge process de4 scribed in subsection (b)(4). 

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

6 paragraph (1), the Commission shall consider wheth7 er to collect verified coverage data from— 

8 (A) State, local, and Tribal governmental 

9 entities that are primarily responsible for map10 ping or tracking broadband internet access 

11 service coverage for a State, unit of local gov12 ernment, or Indian Tribe, as applicable; and 

13 (B) other sources. 

14 (3) UPDATES.—The Commission shall revise 

15 the rules issued under paragraph (1) to— 

16 (A) reflect changes in technology; 

17 (B) ensure the accuracy of propagation 

18 models; or 

19 (C) verify the accuracy of data submitted 

20 under subsection (b)(2). 

21 (b) CONTENT OF RULES.— 

22 (1) ESTABLISHMENT OF A SERVICEABLE LOCA23 TION FABRIC REGARDING FIXED BROADBAND.—The 

24 rules issued by the Commission under subsection 

25 (a)(1) shall— 


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1 (A) require the Commission to engage with 

2 an entity with expertise with respect to geo3 graphic information systems (referred to in this 

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

5 dataset of all locations in the United States 

6 where fixed broadband internet access service 

7 can be installed, as determined by the Commis8 sion; 

9 (B) establish the Broadband Serviceable 

10 Location Fabric, which shall— 

11 (i) subject to subparagraph (C), con12 tain geocoded information for each location 

13 identified under clause (i); 

14 (ii) serve as the foundation upon 

15 which all data relating to the availability of 

16 fixed broadband internet access service col17 lected under paragraph (2)(A) shall be 

18 overlaid; 

19 (iii) be compatible with commonly 

20 used GIS software; and 

21 (iv) at a minimum, be updated annu22 ally by the Commission to ensure that GIS 

23 location data is continuously improved and 

24 current; and 


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1 (C) prioritize implementing the Fabric for 

2 rural areas of the United States before imple3 menting the Fabric for urban and suburban 

4 areas of the United States. 

5 (2) COLLECTION OF INFORMATION.—The rules 

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

7 shall provide that the Commission shall collect— 

8 (A) from each provider of terrestrial fixed, 

9 fixed wireless, or satellite broadband internet 

10 access service, data that— 

11 (i) allows for an understanding of 

12 where a standard broadband installation 

13 can occur; 

14 (ii) includes information regarding the 

15 download and upload speeds with respect 

16 to broadband internet access service that 

17 the provider makes available; 

18 (iii) can be georeferenced to the GIS 

19 data in the Fabric regarding the service 

20 area of the provider; and 

21 (iv) the provider shall report as— 

22 (I) with respect to providers of 

23 fixed wireless broadband internet ac24 cess service— 


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1 (aa) propagation maps and 

2 propagation model details that— 

3 (AA) satisfy standards 

4 that are similar to those ap5 plicable to providers of mo6 bile broadband internet ac7 cess service under subpara8 graph (B) with respect to 

9 propagation maps and prop10 agation model details; and 

11 (BB) reflect the actual 

12 speeds and latency asserted 

13 by the provider; or 

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

16 area of the provider, except that 

17 the Commission may only permit, 

18 and not require, a provider to re19 port the data using that means 

20 of reporting; and 

21 (II) with respect to providers of 

22 terrestrial fixed and satellite broad23 band internet access service— 

24 (aa) polygon shapefiles; or 


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1 (bb) a list of addresses or lo2 cations that constitute the service 

3 area of the provider, except that 

4 the Commission may only permit, 

5 and not require, a provider to re6 port the data using that means 

7 of reporting; and 

8 (B) from each provider of mobile broad9 band internet access service, propagation maps 

10 and propagation model details that— 

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

12 on which the information is collected) mo13 bile broadband internet access service cov14 erage of the provider, taking into consider15 ation the effect of clutter; and 

16 (ii) satisfy minimum standards relat17 ing to speed, cell edge probability, and cell 

18 loading that exceed the standards that pro19 viders of mobile broadband internet access 

20 service were required to satisfy when mak21 ing submissions under the Mobility Fund 

22 Phase II information collection. 

23 (3) CERTIFICATION.—With respect to a pro24 vider that submits information to the Commission 

25 under paragraph (2)— 


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1 (A) the provider shall include in each sub2 mission a certification from a senior executive 

3 of the provider that the senior executive has ex4 amined the information contained in the sub5 mission and that, to the best of the executive’s 

6 knowledge, information, and belief, all state7 ments of fact contained in the submission are 

8 true and correct; and 

9 (B) the Commission shall verify the accu10 racy of the information in accordance with 

11 measures established by the Commission. 

12 (4) CHALLENGE PROCESS.— 

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

14 under subsection (a), and subject to subpara15 graph (B), the Commission shall establish a 

16 user-friendly challenge process through which 

17 consumers, State, local, and Tribal govern18 mental entities, and other entities may submit 

19 coverage data to the Commission to challenge 

20 the coverage maps. 

21 (B) CONSIDERATIONS; VERIFICATION; RE22 SPONSE TO CHALLENGES.—In establishing the 

23 challenge process required under subparagraph 

24 (A), the Commission shall— 

25 (i) consider— 


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1 (I) the information that an entity 

2 submitting a challenge under that 

3 process should be permitted to provide 

4 to the Commission; 

5 (II) the appropriate level of gran6 ularity with respect to the information 

7 submitted by an entity described in 

8 subclause (I); 

9 (III) the time and expense in10 curred by consumers and providers in 

11 challenging the accuracy of a coverage 

12 map; and 

13 (IV) the costs to consumers and 

14 providers resulting from a misalloca15 tion of funds for a period of more 

16 than 1 year because of a reliance on 

17 outdated or otherwise inaccurate in18 formation; 

19 (ii) include a process for verifying the 

20 data submitted through the challenge proc21 ess in order to ensure the reliability of that 

22 data; and 

23 (iii) allow providers to respond to 

24 challenges submitted through the challenge 

25 process. 


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1 (C) USE OF CHALLENGES.—The Commis2 sion shall use data submitted through the chal3 lenge process established under subparagraph 

4 (A) to evaluate the accuracy of the coverage 

5 maps and update the maps as the Commission 

6 adjudicates challenges brought through that 

7 process. 

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

9 than 180 days after the date on which the rules 

10 issued under subsection (a) take effect, the Commis11 sion shall reform— 

12 (A) the Form 477 broadband deployment 

13 service availability collection process of the 

14 Commission; and 

15 (B) duplicative reporting requirements and 

16 procedures regarding the availability of broad17 band internet access service that, as of that 

18 date, are in effect. 

19 (c) MAPS.—The Commission shall— 

20 (1) compile— 

21 (A) a map that depicts the availability of 

22 fixed broadband internet access service, which 

23 shall reflect data collected by the Commission 

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

25 refined and modified through the adjudication 


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

2 and 

3 (B) a map that depicts the availability of 

4 mobile broadband internet access service, which 

5 shall reflect data collected by the Commission 

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

7 refined and modified through the adjudication 

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

9 (2) use the coverage maps— 

10 (A) to determine the areas in which broad11 band internet access service is and is not avail12 able; and 

13 (B) before making any award of funding 

14 with respect to the deployment of broadband 

15 internet access service; and 

16 (3) update the coverage maps not less fre17 quently than annually using the most recent data 

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

19 SEC. 4. ENFORCEMENT. 

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

21 to willfully and knowingly submit information or data 

22 under this Act that is inaccurate with respect to the avail23 ability of broadband internet access service. 


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

2 (a) shall be subject to an appropriate penalty, as deter3 mined by the Commission, under— 

4 (1) the Communications Act of 1934 (47 

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

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

7 (2) the rules of the Commission. 

Æ 


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