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 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. BROADBAND DATA. 
The Communications Act of 1934 (47 U.S.C. 151 et 
seq.) is amended by adding at the end the following: 
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‘‘TITLE VIII—BROADBAND DATA 
‘‘SEC. 801. DEFINITIONS. 
‘‘In this title: 
‘‘(1) BROADBAND
INTERNET
ACCESS
SERV-
ICE.—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 suc-
cessor regulation. 
‘‘(2) BROADBAND MAP.—The term ‘Broadband 
Map’ means the map created by the Commission 
under section 802(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. 
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‘‘(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) FABRIC.—The term ‘Fabric’ means the 
Broadband Serviceable Location Fabric established 
under section 802(b)(1)(B). 
‘‘(7) FORM 477.—The term ‘Form 477’ means 
Form 477 of the Commission relating to local tele-
phone competition and broadband reporting. 
‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given the term ‘Indian tribe’ in sec-
tion 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
‘‘(9) MOBILITY
FUND
PHASE
II.—The term 
‘Mobility Fund Phase II’ means the second phase of 
the proceeding to provide universal service support 
from the Mobility Fund (WC Docket No. 10–90; 
WT Docket No. 10–208). 
‘‘(10) PROPAGATION MODEL.—The term ‘prop-
agation model’ means a mathematical formulation 
for the characterization of radio wave propagation as 
a function of frequency, distance, and other condi-
tions. 
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‘‘(11) PROVIDER.—The term ‘provider’ means a 
provider of fixed or mobile broadband internet access 
service. 
‘‘(12) QUALITY OF SERVICE.—The term ‘qual-
ity of service’ means information regarding offered 
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. 
‘‘(13) 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. 
‘‘(14) 
STANDARD
BROADBAND
INSTALLA-
TION.—The term ‘standard broadband installa-
tion’— 
‘‘(A) means the initiation by a provider of 
fixed broadband internet access service in an 
area where the provider has not previously of-
fered that service, with no charges or delays at-
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tributable to the extension 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. 802. BROADBAND MAPS. 
‘‘(a) RULES.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this title, the Com-
mission shall issue rules that shall— 
‘‘(A) require the collection and dissemina-
tion 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— 
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‘‘(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 submit-
ting non-public or competitively sensitive 
information under this title, can protect 
the security, privacy, and confidentiality of 
such non-public or competitively sensitive 
information, including— 
‘‘(I) information contained in the 
Fabric; 
‘‘(II) the dataset created under 
subsection (b)(1)(A) supporting the 
Fabric; 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 
803(b). 
‘‘(2) OTHER DATA.—In issuing the rules under 
paragraph (1), the Commission shall develop a proc-
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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 of broadband inter-
net access service coverage and quality of serv-
ice, if 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 cov-
erage maps. 
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‘‘(b) CONTENT OF RULES.— 
‘‘(1) ESTABLISHMENT OF A SERVICEABLE LO-
CATION 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. 
‘‘(ii) CONTRACTING.— 
‘‘(I) IN
GENERAL.—Subject to 
subclauses (II) and (III), the Commis-
sion may only contract with an entity 
with expertise with respect to geo-
graphic information systems (referred 
to in this subsection as ‘GIS’) to cre-
ate 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-
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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; 
‘‘(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; and 
‘‘(cc) the contract shall pro-
hibit the entity with which the 
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Commission contracts (and re-
quire such entity to include in 
any contract with any other enti-
ty with which such entity con-
tracts a provision prohibiting 
such other entity) from selling, 
leasing, or otherwise disclosing 
for monetary consideration any 
personally identifiable informa-
tion to any entity other than for 
purposes authorized under this 
title. 
‘‘(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 re-
porting 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 
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the provider is capable of performing 
a standard broadband installation, if 
applicable; 
‘‘(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 
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into account material dif-
ferences between fixed wire-
less and mobile broadband 
internet access service; and 
‘‘(BB) 
reflect 
the 
speeds and latency of the 
service provided by the pro-
vider; or 
‘‘(bb) a list of addresses or 
locations that constitute the serv-
ice 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— 
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‘‘(aa) polygon shapefiles; or 
‘‘(bb) a list of addresses or 
locations that constitute the serv-
ice 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 propagation 
model details, that indicate the current (as of 
the date on which the information is collected) 
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fourth generation Long-Term Evolution (com-
monly 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 hav-
ing— 
‘‘(aa) a download speed of 
not less than 5 megabits per sec-
ond and an upload speed of not 
less than 1 megabit per second 
with a cell edge probability of not 
less than 90 percent; and 
‘‘(bb) cell loading of not less 
than 50 percent; 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. 
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‘‘(3) UPDATE OF REPORTING STANDARDS FOR 
MOBILE BROADBAND INTERNET ACCESS SERVICE.— 
For the purposes of paragraph (2)(B), if the Com-
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 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 
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of the provider that the officer has examined 
the information contained in the submission 
and that, to the best of the officer’s actual 
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)(1), and subject to sub-
paragraph (B), the Commission shall establish 
a user-friendly challenge process through which 
consumers, State, local, and Tribal govern-
mental entities, and other entities or persons 
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. 
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‘‘(B) CONSIDERATIONS; VERIFICATION; RE-
SPONSE TO CHALLENGES.—In establishing the 
challenge process required under subparagraph 
(A), the Commission shall— 
‘‘(i) consider— 
‘‘(I) the types of information that 
an entity or person submitting a chal-
lenge should provide to the Commis-
sion in support of the challenge; 
‘‘(II) the appropriate level of 
granularity for the information de-
scribed in subclause (I); 
‘‘(III) the need to mitigate the 
time and expense incurred by, and the 
administrative burdens placed on, en-
tities or persons in— 
‘‘(aa) challenging the accu-
racy of a coverage map; and 
‘‘(bb) responding to chal-
lenges described in item (aa); 
‘‘(IV) the costs to consumers and 
providers 
resulting 
from 
a 
misallocation of funds because of a re-
liance on outdated or otherwise inac-
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curate information in the coverage 
maps; 
‘‘(V) any lessons learned from 
the 
challenge 
process 
established 
under Mobility Fund Phase II, as de-
termined from comments solicited by 
the Commission; and 
‘‘(VI) the need for user-friendly 
challenge submission formats that will 
promote participation in the challenge 
process; 
‘‘(ii) include a process for verifying 
the data submitted through the challenge 
process 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; 
‘‘(II) allows for an entity or per-
son described in subparagraph (A) to 
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submit a challenge under the chal-
lenge process; 
‘‘(III) 
makes 
challenge 
data 
available in both geographic informa-
tion system and non-geographic infor-
mation system formats; and 
‘‘(IV) clearly identifies the areas 
in which broadband internet access 
service is available, and the upload 
and download speeds at which that 
service is available, as reported to the 
Commission under this section. 
‘‘(C) USE
OF
CHALLENGES.—The rules 
issued to establish the challenge process under 
subparagraph (A) shall include— 
‘‘(i) a process for the speedy resolu-
tion 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. 
‘‘(D) AUTOMATION
TOOL.—Not earlier 
than 1 year after, and not later than 18 months 
after, the rules issued under subsection (a)(1) 
are implemented, the Commission shall, after 
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