I 
116TH CONGRESS 
1ST SESSION H. R. 4229 
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) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Broadband Deploy-
ment Accuracy and Technological Availability Act’’ or the 
‘‘Broadband DATA Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) BROADBAND INTERNET ACCESS SERVICE.— 
The term ‘‘broadband internet access service’’ has 
the meaning given the term in section 8.1(b) of title 
47, Code of Federal Regulations, or any successor 
regulation. 
(2) BROADBAND MAP.—The term ‘‘Broadband 
Map’’ means the map created by the Commission 
under section 3(c)(1)(A). 
(3) CELL EDGE PROBABILITY.—The term ‘‘cell 
edge probability’’ means the likelihood that the min-
imum threshold download and upload speeds with 
respect to broadband internet access service will be 
met or exceeded at a distance from a base station 
that is intended to indicate the ultimate edge of the 
coverage area of a cell. 
(4) CELL LOADING.—The term ‘‘cell loading’’ 
means the percentage of the available air interface 
resources of a base station that are used by con-
sumers with respect to broadband internet access 
service. 
(5) CLUTTER.—The term ‘‘clutter’’ means a 
natural or man-made surface feature that affects the 
propagation of a signal from a base station. 
(6) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
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(7) FABRIC.—The term ‘‘Fabric’’ means the 
Broadband Serviceable Location Fabric established 
under section 3(b)(1)(B). 
(8) FORM 477.—The term ‘‘Form 477’’ means 
Form 477 of the Commission relating to local tele-
phone competition and broadband reporting. 
(9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
(10) MOBILITY
FUND
PHASE
II.—The term 
‘‘Mobility Fund Phase II’’ means the second phase 
of the proceeding to provide universal service sup-
port from the Mobility Fund (WC Docket No. 10– 
90; WT Docket No. 10–208). 
(11) PROPAGATION MODEL.—The term ‘‘propa-
gation model’’ means a mathematical formulation 
for the characterization of radio wave propagation as 
a function of frequency, distance, and other condi-
tions. 
(12) PROVIDER.—The term ‘‘provider’’ means a 
provider of fixed or mobile broadband internet access 
service. 
(13) QUALITY OF SERVICE.—The term ‘‘quality 
of service’’ means information regarding offered 
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download and upload speeds and latency of a pro-
vider’s broadband internet access service as deter-
mined by and to the extent otherwise collected by 
the Commission. 
(14) SHAPEFILE.—The term ‘‘shapefile’’ means 
a digital storage format containing geospatial or lo-
cation-based data and attribute information— 
(A) regarding the availability of broadband 
internet access service; and 
(B) that can be viewed, edited, and 
mapped in geographic information system soft-
ware. 
(15) STANDARD BROADBAND INSTALLATION.— 
The term ‘‘standard broadband installation’’— 
(A) means the initiation by a provider of 
new fixed broadband internet access service 
with no charges or delays attributable to the ex-
tension of the network of the provider; and 
(B) 
includes 
the 
initiation 
of 
fixed 
broadband internet access service through rou-
tine installation that can be completed not later 
than 10 business days after the date on which 
the service request is submitted. 
SEC. 3. BROADBAND MAPS. 
(a) RULES.— 
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(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Commis-
sion shall issue final rules that shall— 
(A) in a manner that balances public ac-
cess to data with adequate protections for pri-
vacy and for confidential or competitively sen-
sitive information, require the collection and 
dissemination of granular data, as determined 
by the Commission— 
(i) relating to the availability and 
quality of service of terrestrial fixed, fixed 
wireless, satellite, and mobile broadband 
internet access service; and 
(ii) that the Commission shall use to 
compile the maps created under subsection 
(c)(1) (referred to in this section as ‘‘cov-
erage maps’’), which the Commission shall 
make publicly available; and 
(B) establish— 
(i) processes through which the Com-
mission can verify the accuracy of data 
submitted under subsection (b)(2); 
(ii) processes and procedures through 
which the Commission, and, as necessary, 
other entities or persons submitting infor-
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mation under this Act, can protect the se-
curity, privacy, and confidentiality of— 
(I) information contained in the 
Fabric; 
(II) the dataset created under 
subsection (b)(1) supporting the Fab-
ric; and 
(III) the data submitted under 
subsection (b)(2); 
(iii) the challenge process described in 
subsection (b)(5); and 
(iv) the process described in section 
4(b). 
(2) OTHER DATA.—In issuing the rules under 
paragraph (1), the Commission shall develop a proc-
ess through which the Commission can collect 
verified data for use in the coverage maps from— 
(A) State, local, and Tribal governmental 
entities that are primarily responsible for map-
ping or tracking broadband internet access 
service coverage for a State, unit of local gov-
ernment, or Indian Tribe, as applicable; 
(B) third parties, including industry anal-
ysis mapping or tracking broadband internet 
access service coverage and quality of service, if 
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the Commission determines that it is in the 
public interest to use such data in— 
(i) the development of the coverage 
maps; or 
(ii) the verification of data submitted 
under subsection (b); and 
(C) other Federal agencies. 
(3) UPDATES.—The Commission shall revise 
the rules issued under paragraph (1) to— 
(A) reflect changes in technology; 
(B) ensure the accuracy of propagation 
models, as further provided in subsection 
(b)(3); and 
(C) improve the usefulness of the coverage 
maps. 
(b) CONTENT OF RULES.— 
(1) ESTABLISHMENT OF A SERVICEABLE LOCA-
TION FABRIC REGARDING FIXED BROADBAND.— 
(A) DATASET.— 
(i) IN
GENERAL.—The Commission 
shall create a common dataset of all loca-
tions in the United States where fixed 
broadband internet access service can be 
installed, as determined by the Commis-
sion. 
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(ii) CONTRACTING.— 
(I) IN
GENERAL.—Subject to 
subclauses (II) and (III), the Commis-
sion may contract with an entity with 
expertise with respect to geographic 
information systems (referred to in 
this subsection as ‘‘GIS’’) to create 
and maintain the dataset under clause 
(i). 
(II) APPLICATION OF THE FED-
ERAL
ACQUISITION
REGULATION.—A 
contract into which the Commission 
enters under subclause (I) shall in all 
respects comply with applicable provi-
sions of the Federal Acquisition Regu-
lation. 
(III) 
LIMITATIONS.—With 
re-
spect to a contract into which the 
Commission enters under subclause 
(I)— 
(aa) the entity with which 
the Commission contracts shall 
be selected through a competitive 
bid process that is transparent 
and open; and 
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(bb) the contract shall be for 
a term of not longer than 5 
years, after which the Commis-
sion may enter into a new con-
tract— 
(AA) with an entity, 
and for the purposes, de-
scribed in clause (i); and 
(BB) 
that 
complies 
with the requirements under 
subclause (II) and this sub-
clause. 
(B) FABRIC.—The rules issued by the 
Commission under subsection (a)(1) shall estab-
lish the Broadband Serviceable Location Fab-
ric, which shall— 
(i) contain geocoded information for 
each location identified under subpara-
graph (A)(i); 
(ii) serve as the foundation upon 
which all data relating to the availability of 
fixed broadband internet access service col-
lected under paragraph (2)(A) shall be re-
ported and overlaid; 
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(iii) be compatible with commonly 
used GIS software; and 
(iv) at a minimum, be updated every 
6 months by the Commission. 
(C) 
IMPLEMENTATION
PRIORITY.—The 
Commission shall prioritize implementing the 
Fabric for rural and insular areas of the United 
States. 
(2) COLLECTION OF INFORMATION.—The rules 
issued by the Commission under subsection (a)(1) 
shall include uniform standards for the reporting of 
broadband internet access service data that the 
Commission shall collect— 
(A) from each provider of terrestrial fixed, 
fixed wireless, or satellite broadband internet 
access service, which shall include data that— 
(i) documents the areas where the 
provider— 
(I) has actually built out the 
broadband network infrastructure of 
the provider such that the provider is 
able to provide that service; and 
(II) could provide that service, as 
determined by identifying where the 
provider is capable of performing a 
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standard broadband installation, if ap-
plicable; 
(ii) includes information regarding 
download and upload speeds, at various 
thresholds established by the Commission, 
and if applicable, latency with respect to 
broadband internet access service that the 
provider makes available; 
(iii) can be georeferenced to the GIS 
data in the Fabric; 
(iv) the provider shall report as— 
(I) with respect to providers of 
fixed wireless broadband internet ac-
cess service— 
(aa) propagation maps and 
propagation model details that— 
(AA) satisfy standards 
that are similar to those ap-
plicable to providers of mo-
bile broadband internet ac-
cess service under subpara-
graph (B) with respect to 
propagation maps and prop-
agation model details, taking 
into account material dif-
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ferences between fixed wire-
less and mobile broadband 
internet access service; and 
(BB) reflect the speeds 
and latency of the service 
provided by the provider; or 
(bb) a list of addresses or lo-
cations that constitute the service 
area of the provider, except that 
the Commission— 
(AA) may only permit, 
and not require, a provider 
to report the data using that 
means of reporting; and 
(BB) 
in 
the 
rules 
issued 
under 
subsection 
(a)(1), shall provide a meth-
od for using that means of 
reporting with respect to 
Tribal areas; and 
(II) with respect to providers of 
terrestrial 
fixed 
and 
satellite 
broadband internet access service— 
(aa) polygon shapefiles; or 
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(bb) a list of addresses or lo-
cations that constitute the service 
area of the provider, except that 
the Commission— 
(AA) may only permit, 
and not require, a provider 
to report the data using that 
means of reporting; and 
(BB) 
in 
the 
rules 
issued 
under 
subsection 
(a)(1), shall provide a meth-
od for using that means of 
reporting with respect to 
Tribal areas; and 
(v) the Commission determines is ap-
propriate with respect to certain tech-
nologies in order to ensure that the 
Broadband Map is granular and accurate; 
and 
(B) 
from 
each 
provider 
of 
mobile 
broadband internet access service, which shall 
include propagation maps, and the propagation 
models on which those maps are based, that in-
dicate the current (as of the date on which the 
information is collected) fourth generation 
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Long-Term Evolution (commonly referred to as 
‘‘4G LTE’’) mobile broadband internet access 
service coverage of the provider, which shall— 
(i) take into consideration the effect 
of clutter; and 
(ii) satisfy— 
(I) the requirements of having— 
(aa) a download speed of 5 
megabits per second and an 
upload speed of 1 megabit per 
second with a cell edge prob-
ability of not less than 90 per-
cent; and 
(bb) cell loading of 50 per-
cent; and 
(II) any other parameter that the 
Commission determines to be nec-
essary to create a map under sub-
section (c)(1)(C) that is more precise 
than the map produced as a result of 
the submissions under the Mobility 
Fund Phase II information collection. 
(3) UPDATE OF REPORTING STANDARDS FOR 
MOBILE BROADBAND INTERNET ACCESS SERVICE.— 
For the purposes of paragraph (2)(B), if the Com-
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mission determines that the reporting standards 
under that paragraph are insufficient to collect accu-
rate propagation maps and propagation model de-
tails with respect to future generations of mobile 
broadband internet access service technologies, the 
Commission shall immediately commence a rule-
making to adopt new reporting standards with re-
spect to those technologies that— 
(A) shall be the functional equivalent of 
the standards required under paragraph (2)(B); 
and 
(B) allow for the collection of propagation 
maps and propagation model details that are as 
accurate and granular as, or more accurate and 
granular than, the maps and model details col-
lected by the Commission under such paragraph 
(2)(B). 
(4) CERTIFICATION AND VERIFICATION.—With 
respect to a provider that submits information to the 
Commission under paragraph (2)— 
(A) the provider shall include in each sub-
mission a certification from a corporate officer 
of the provider that the officer has examined 
the information contained in the submission 
and that, to the best of the officer’s actual 
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knowledge, information, and belief, all state-
ments of fact contained in the submission are 
true and correct; and 
(B) the Commission shall verify the accu-
racy and reliability of the information in ac-
cordance with measures established by the 
Commission. 
(5) CHALLENGE PROCESS.— 
(A) IN
GENERAL.—In the rules issued 
under subsection (a), and subject to subpara-
graph (B), the Commission shall establish a 
user-friendly challenge process through which 
consumers, State, local, and Tribal govern-
mental entities, and other entities may submit 
coverage data to the Commission to challenge 
the accuracy of— 
(i) the coverage maps; 
(ii) any information submitted by a 
provider regarding the availability of 
broadband internet access service; or 
(iii) the information included in the 
Fabric. 
(B) CONSIDERATIONS; VERIFICATION; RE-
SPONSE TO CHALLENGES.—In establishing the 
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challenge process required under subparagraph 
(A), the Commission shall— 
(i) consider— 
(I) the types of information that 
an entity submitting a challenge 
should provide to the Commission in 
support of the challenge; 
(II) the appropriate level of gran-
ularity for the information described 
in subclause (I); 
(III) the need to mitigate the 
time and expense incurred by, and the 
administrative burdens placed on, en-
tities in— 
(aa) challenging the accu-
racy of a coverage map; and 
(bb) responding to chal-
lenges described in item (aa); and 
(IV) the costs to consumers and 
providers 
resulting 
from 
a 
misallocation of funds because of a re-
liance on outdated or otherwise inac-
curate information in the coverage 
maps; 
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(ii) include a process for verifying the 
data submitted through the challenge proc-
ess in order to ensure the reliability of that 
data; 
(iii) allow providers to respond to 
challenges submitted through the challenge 
process; and 
(iv) develop an online mechanism, 
which— 
(I) shall be integrated into the 
coverage maps; and 
(II) allows for an entity described 
in subparagraph (A) to submit a chal-
lenge under the challenge process. 
(C) USE
OF
CHALLENGES.—The rules 
issued to establish the challenge process under 
subparagraph (A) shall include— 
(i) a process for the speedy resolution 
of challenges; and 
(ii) a process for the regular and ex-
peditious updating of the coverage maps 
and granular data the Commission dis-
seminates as challenges are resolved. 
(6) REFORM OF FORM 477 PROCESS.— 
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(A) IN
GENERAL.—Not later than 180 
days after the date on which the rules issued 
under subsection (a) take effect, the Commis-
sion shall— 
(i) reform the Form 477 broadband 
deployment service availability collection 
process of the Commission to achieve the 
purposes of this Act and in a manner that 
enables the comparison of data and maps 
produced before the implementation of this 
Act with data and coverage maps produced 
after the implementation of this Act; and 
(ii) harmonize reporting requirements 
and procedures regarding the deployment 
of broadband internet access service that, 
as of the date on which the rules issued 
under subsection (a) take effect, are in ef-
fect. 
(B) CONTINUED
COLLECTION
AND
RE-
PORTING.—On and after the date on which the 
Commission carries out subparagraph (A), the 
Commission shall continue to collect and pub-
licly report subscription data that the Commis-
sion collected through the Form 477 broadband 
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deployment service availability process, as in ef-
fect on July 1, 2019. 
(c) MAPS.—The Commission shall— 
(1) create— 
(A) the Broadband Map, which shall de-
pict— 
(i) the extent of the availability of 
broadband internet access service in the 
United States, without regard to whether 
that service is fixed broadband internet ac-
cess service or mobile broadband internet 
access service, which shall be based on 
data collected by the Commission from all 
providers; and 
(ii) the areas of the United States 
that remain unserved by providers; 
(B) a map that depicts the availability of 
fixed broadband internet access service, which 
shall be based on data collected by the Commis-
sion from providers under subsection (b)(2)(A); 
and 
(C) a map that depicts the availability of 
mobile broadband internet access service, which 
shall be based on data collected by the Commis-
sion from providers under subsection (b)(2)(B); 
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(2) use the maps created under paragraph 
(1)— 
(A) to determine the areas in which terres-
trial fixed, fixed wireless, mobile, and satellite 
broadband internet access service is and is not 
available; and 
(B) when making any new award of fund-
ing 
with 
respect 
to 
the 
deployment 
of 
broadband internet access service; 
(3) update the maps created under paragraph 
(1) not less frequently than biannually using the 
most recent data collected from providers under sub-
section (b)(2); 
(4) establish a process requiring the Depart-
ment of Agriculture and the National Telecommuni-
cations and Information Administration to consult 
the maps created under paragraph (1) when, as of 
the date on which the process is established or on 
any future date, distributing funds relating to the 
deployment of broadband internet access service 
under any program administered by the Rural Utili-
ties Service or the Administration, respectively; 
(5) establish a process to make the data col-
lected under subsection (b)(2) available to the Na-
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tional Telecommunications and Information Admin-
istration; and 
(6) make public at an appropriate level of gran-
ularity— 
(A) the maps created under paragraph (1); 
and 
(B) the data collected by the Commission 
with respect to broadband internet access serv-
ice availability and quality of service. 
(d) DELAYED EFFECTIVE DATE
OF QUALITY
OF 
SERVICE RULES.—Any requirement of a rule relating to 
quality of service issued under subsection (a) shall take 
effect not earlier than the date that is 180 days after the 
date on which the Commission issues such rule. 
SEC. 4. IMPROVING DATA ACCURACY. 
(a) AUDITS.—The Commission shall conduct regular 
audits of information submitted to the Commission by pro-
viders under section (3)(b)(2) to ensure that the providers 
are complying with this Act. 
(b) CROWDSOURCING.— 
(1) IN GENERAL.—The Commission shall de-
velop a process through which persons in the United 
States may submit specific information about the de-
ployment and availability of broadband internet ac-
cess service in the United States so that the infor-
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mation may be used to verify and supplement infor-
mation provided by providers of broadband internet 
access service for inclusion in the maps created 
under section 3(c)(1). 
(2) COLLABORATION.—As part of the efforts of 
the Commission to facilitate the ability of persons to 
submit information under paragraph (1), the Com-
mission shall issue guidance and other information 
as appropriate to ensure that the information sub-
mitted is uniform and consistent with the data sub-
mitted by providers under section 3(b)(2). 
(c) TECHNICAL ASSISTANCE TO INDIAN TRIBES.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Commission shall hold workshops for Tribal gov-
ernments in each of the 12 Bureau of Indian Affairs 
regions to provide technical assistance with the col-
lection and submission of data under section 3(a)(2). 
(2) ANNUAL REVIEW.—Each year, the Commis-
sion, in consultation with Indian Tribes, shall review 
the need for continued workshops required under 
paragraph (1). 
(d) TECHNICAL ASSISTANCE
TO SMALL SERVICE 
PROVIDERS.—The Commission shall establish a process 
through which a provider that has fewer than 100,000 ac-
tive broadband internet access service connections may re-
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quest and receive assistance from the Commission with re-
spect to geographic information system data processing to 
ensure that the provider is able to comply with the require-
ments under section 3(b) in a timely and accurate manner. 
SEC. 5. COST. 
(a) IN GENERAL.—Beginning with the first full fiscal 
year after the date of enactment of this Act, the Commis-
sion shall include in the budget submission of the Commis-
sion to the President under sections 1105(a) and 1108 
of title 31, United States Code, amounts sufficient to en-
sure the proper and continued functioning of the respon-
sibilities of the Commission under this Act. 
(b) COST OF FABRIC.— 
(1) USF.—The Commission may not use funds 
from the universal service programs of the Commis-
sion established under section 254 of the Commu-
nications Act of 1934 (47 U.S.C. 254), and the reg-
ulations issued under that section, to pay for any 
costs associated with this Act. 
(2) OTHER FUNDS.—The Commission may re-
cover costs associated with this Act under section 9 
of the Communications Act of 1934 (47 U.S.C. 9) 
to the extent provided for in an appropriation Act, 
as required under subsection (a) of that section. 
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SEC. 6. OTHER PROVISIONS. 
(a) OMB.—Notwithstanding any other provision of 
law, the initial rulemaking required under section 3(a)(1) 
shall be exempt from review by the Office of Management 
and Budget. 
(b) PRA.—Chapter 35 of title 44, United States 
Code (commonly known as the ‘‘Paperwork Reduction 
Act’’) shall not apply to the initial rulemaking required 
under section 3(a)(1). 
(c) EXECUTION OF RESPONSIBILITIES.—Except as 
provided in section 3(b)(1)(A)(ii), the Commission— 
(1) including the offices of the Commission, 
shall carry out the responsibilities assigned to the 
Commission under this Act; and 
(2) may not delegate any of the responsibilities 
assigned to the Commission under this Act to any 
third party, including the Universal Service Adminis-
trative Company. 
(d) REPORTING.—Each fiscal year, the Commission 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on En-
ergy and Commerce of the House of Representatives a re-
port that summarizes the implementation of this Act and 
associated enforcement activities conducted during the 
previous fiscal year. 
Æ 
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