FCC Codifies Broadband Data Collection Rules and Seeks Comment on Proposals

Provided by CBAN Associate Member Consortia Consulting

In addition to regularly updating the data on the National Broadband Map, the Commission continues to make iterative improvements to its data collection, audit, verification and validation processes to ensure the maps are as accurate as possible. As part of that process, the Commission recently released its Fourth Report and Order on changes to the Broadband Data Collection. In addition, the Commission issued a Declaratory Ruling, and a Fourth Further Notice of Proposed Rulemaking.

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In the Fourth Report and Order, the Commission codifies the requirement to resolve challenges received as part of the BDC not later than 90 days after the date on which a final response by a provider to a challenge of the accuracy of a map is received.
 
The Commission also provides a specific delegation of authority to the Office of Economics and Analytics (OEA), in coordination with certain other bureaus and offices, to conduct audits of broadband data submitted by providers as required under the Broadband DATA Act.
 
The Commission directs the OEA to establish methodologies and procedures for selecting service providers (either fixed or mobile) and targeted locations or areas for random audits, as well as for determining “patterns of filing incorrect information” that may be sufficient to warrant audits.
 
In the Declaratory Ruling, the Commission clarifies that its rules do not preclude a service provider from subsequently submitting information in a later BDC filing to demonstrate that it can now make service available to a location or area that was previously removed through the challenge, verification or audit processes.  The Commission also delegates authority to the OEA, to develop and publish detailed data specifications setting forth the types of information a broadband provider must submit to restore a previously removed location or area as part of a subsequent BDC filing.  In addition, the Commission clarifies that broadband providers are obligated with their BDC to  submit data on service availability for Removed Locations or Areas.
 
In its Fourth Further Notice of Proposed Rulemaking, the Commission seeks comment on proposed changes to the availability data filing process, as well as possible amendments and clarifications to several of the current data-validation rules.
  
The Commission proposes rule amendments which would permit filers to indicate that the service offered at a location is a grandfathered service only. 
 
In addition, the Commission seeks comment on the following items:
 

• Rules changes requiring terrestrial fixed wireless providers to submit additional information allowing the Commission to better verify terrestrial fixed wireless service availability data submitted with BDC filings;
• Proposed changes to improve the Commission’s validation, audit, and Fabric challenge processes, as well as facilitate provider certification of BDC submissions;
• Additional rules establishing a set data-retention period for certain documentation supporting providers’ BDC submissions, intended to ensure the Commission has access to documentation that may be necessary for its audits, verifications, and other reviews; 
• A proposal that broadband service providers be required to retain the underlying data used to create their biannual submissions (including subscription data and supporting data) for at least three years from the applicable “as-of” date (e.g., data used to create a biannual submission for the June 30, 2024 reporting period would need to be retained until June 30, 2027); 
• A proposed change that would eliminate the requirement in the rules that providers’ BDC filings be supported by a certification by a licensed professional engineer (if no corporate engineering officer is able to certify);

 
In addition, the Commission proposes to modify the definition of “broadband connection” used in Form 477 so that it aligns with the definition of “broadband internet access service” used in the BDC.  Specifically, the Commission proposes to require facilities-based providers of broadband Internet access service to submit in Form 477 counts of “broadband internet access service connections” in service, with that term defined as connections that provide mass-market broadband internet access as defined and described in 47 CFR § 8.1(b).  This change would put Form 477 on the same definitional footing as the BDC, as well as Broadband Labeling.
 
Please contact Dan Davis at Consortia Consulting if you have any questions.