On April 14,2022, The Federal Communications Commission's
("FCC") Broadband Data Task Force ("Task
Force"), Wireline Competition Bureau, Wireless
Telecommunications Bureau, Office of Economics and Analytics, and
Office of Engineering and Technology issued a public notice
providing guidance for state, local, and tribal government entities
on how to submit verified broadband coverage data for the Broadband
Data Collection. The guidance includes who can file, how filers
will be authenticated, how to meet verified data requirements, and
how data will be reconciled. The Broadband Data Collection portal
will open for government entities and providers on June 30,
2022.
The FCC also issued a concurrent public notice informing fixed
broadband service providers of access to the Broadband Serviceable
Location Fabric and how to submit fixed broadband availability
data. A separate concurrent notice provided guidance to app
developers on how seek approval for broadband speed test
applications to be used in the Broadband Data Collection. The
FCC's Broadband Data Collection was initiated in response to
Congress passing the Broadband Deployment Accuracy and
Technological Availability Act ("Broadband DATA Act") in
March 2020. The Broadband DATA Act requires the FCC to implement a
biannual data collection of the availability and quality of
broadband internet services and use that data to create reliable
broadband maps for the public use.
Chairwomen Jessica Rosenworcel formed the Task Force in February
2021 to jump start what the FCC has described as "long-overdue
improvements to the agency's broadband and mapping tools."
Prior to the Broadband DATA Act, the FCC relied on provider data
submitted via Form 477 to create its maps based on census tracts.
The maps produced by the Broadband Data Collection will provide
more granular data and puts data submitted by state, local, and
tribal government entities on par with provider data.
Telecommunications providers will have 60 days after state, local,
and tribal government entities submit data to work with the
government filers to update any discrepancies in coverage
data. If the government filer and provider cannot agree, the
government filer's version of the data will not be included in
the coverage maps. However, government filers will have the
opportunity to challenge disputed provider data in the Broadband
Data Collection challenge process.
Providers will also begin submitting coverage data to the Broadband
Data Collection portal on June 30, 2022. It is important to note
that Form 477 and the Broadband Data Collection are two separate
filings. The FCC will continue the Form 477 data collection, for
fixed service providers, for at least one more reporting cycle.
Service providers that have traditionally filed the FCC's Form
477 filing are required to submit subscription data in both the new
Broadband Data Collection system and the existing Form 477 filing
system.
This notice is a major step toward creating comprehensive and
reliable coverage maps, a major priority of both Congress and the
FCC. According to Chairwoman Rosenworcel, the improved broadband
maps will be available by Congress's deadline this fall
following the September 1, 2022, Broadband Data Collection filing
deadline.
Who Can File
The Broadband DATA Act directed the FCC to collect verified
broadband data from state, local, and tribal government entities
that are primarily responsible for mapping or tracking broadband
service coverage. In response, the FCC developed procedures
outlined in the notice to authenticate that a filer can file on
behalf of a state, local, or tribal government and is an entity
primarily responsible for tracking broadband coverage.
CORES Registration: To file data in the Broadband
Data Collection portal, a state, local, or tribal government entity
must register with the FCC's Commission Registrations
("CORES") system and be assigned a 10-digit FCC
Registration Number ("FRN"). All entities "doing
business" with the FCC must be assigned an FRN and must
identify as a (1) Federal Agency; (2) Foreign Entity; (3) Private
Sector; (4) State or Local Agency; or (5) Tribal Government Agency.
Only state or local agencies or tribal government agencies can
participate in the primary data collection that will be on par with
provider data in the Broadband Data Collection. However, other
entities will have an opportunity to participate in the subsequent
challenge and crowdsource processes.
Primarily Responsible Entity: Filers must also
provide proof that it is an entity primarily responsible for
tracking broadband coverage. A filer must provide a letter from the
highest-ranking executive (i.e. governor, mayor, tribal leader)
identifying the entity as primarily responsible for mapping or
tracking broadband coverage for the corresponding unit of
government. The state, local, or tribal government may designate
more than one entity and can provide amended letters changing,
removing, or adding entities until 45 days before the filing window
opens.
On top of these procedural requirements, the FCC requires the
entity to "specialize in gathering and/or analyzing broadband
availability data" and that the filer (or the entity acting on
its behalf) "employ a sound and reliable methodology in
collecting, organizing, and verifying the availability data it is
submitting."
What is Verified Data?
The FCC defines "verified data" as data that
"bear[s] certain indicia of credibility." To determine
whether a dataset bears the necessary indicia of credibility, the
FCC must consider: (1) whether the entity seeking to submit
verified availability data specializes in gathering and/or
analyzing broadband availability data; and (2) whether the
submitter is able to demonstrate that it (or the entity acting on
its behalf) "has employed a sound and reliable methodology in
collecting, organizing, and verifying the availability data it is
submitting." State, local, and tribal entities that submit
availability data as providers must follow the same procedures and
requirements as private sector providers.
Data submitted by state, local, and tribal governments will be on
par with provider data. Providers have 60 days from the date
of submission to work with government filers and submit updated
data. If the provider and government filer cannot agree, the
disputed data will not be included in the initial map. However,
government entities and other third parties can submit subsequent
challenge and crowdsource data to reconcile conflicting data.
In government jurisdictions where there is more than one entity
designated to provide broadband coverage data, the FCC will include
all non-overlapping data. However, if more than one entity files
conflicting availability data for the same technology in the same
locations, the system will flag and remove the data until the
entities reconcile the data themselves or the corresponding
government provides a letter instructing the FCC on how to
prioritize data between the entities.
When to File
The Broadband Data Collection filing window begins on June 30,
2022, and will end on September 1, 2022. The FCC issued this notice
to provide filers ample time to prepare the required documents and
registration to authenticate their eligibility to file and prepare
data that meets the verification requirements.
In the public notice to providers, the FCC emphasized that any
requests for waivers or extension of the filing deadline will face
high scrutiny and failure to file the required data in a timely
manner may lead to enforcement actions.
How to File
The FCC will provide technical assistance for filers seeking assistance compiling and submitting data to the Broadband Data Collection portal. The FCC also published guidance to filers on how to prepare and format mobile speed test data and subscription, availability and supporting data on March 4, 2022.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.