in the house of representatives, u. s.,3 •s 1822 eah 1 ‘‘(8) indian tribe.—the term...

32
In the House of Representatives, U. S., March 3, 2020. Resolved, That the bill from the Senate (S. 1822) enti- tled ‘‘An Act to require the Federal Communications Com- mission to issue rules relating to the collection of data with respect to the availability of broadband services, and for other purposes.’’, do pass with the following AMENDMENT: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Broadband Deployment 2 Accuracy and Technological Availability Act’’ or the 3 ‘‘Broadband DATA Act’’. 4 SEC. 2. BROADBAND DATA. 5 The Communications Act of 1934 (47 U.S.C. 151 et 6 seq.) is amended by adding at the end the following: 7 ‘‘TITLE VIII—BROADBAND DATA 8 ‘‘SEC. 801. DEFINITIONS. 9 ‘‘In this title: 10 ‘‘(1) BROADBAND INTERNET ACCESS SERVICE.— 11 The term ‘broadband internet access service’ has the 12 meaning given the term in section 8.1(b) of title 47, 13

Upload: others

Post on 16-Jul-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

In the House of Representatives, U. S., March 3, 2020.

Resolved, That the bill from the Senate (S. 1822) enti-

tled ‘‘An Act to require the Federal Communications Com-

mission to issue rules relating to the collection of data with

respect to the availability of broadband services, and for other

purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE. 1

This Act may be cited as the ‘‘Broadband Deployment 2

Accuracy and Technological Availability Act’’ or the 3

‘‘Broadband DATA Act’’. 4

SEC. 2. BROADBAND DATA. 5

The Communications Act of 1934 (47 U.S.C. 151 et 6

seq.) is amended by adding at the end the following: 7

‘‘TITLE VIII—BROADBAND DATA 8

‘‘SEC. 801. DEFINITIONS. 9

‘‘In this title: 10

‘‘(1) BROADBAND INTERNET ACCESS SERVICE.— 11

The term ‘broadband internet access service’ has the 12

meaning given the term in section 8.1(b) of title 47, 13

Page 2: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

2

•S 1822 EAH

Code of Federal Regulations, or any successor regula-1

tion. 2

‘‘(2) BROADBAND MAP.—The term ‘Broadband 3

Map’ means the map created by the Commission 4

under section 802(c)(1)(A). 5

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

edge probability’ means the likelihood that the min-7

imum threshold download and upload speeds with re-8

spect to broadband internet access service will be met 9

or exceeded at a distance from a base station that is 10

intended to indicate the ultimate edge of the coverage 11

area of a cell. 12

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

means the percentage of the available air interface re-14

sources of a base station that are used by consumers 15

with respect to broadband internet access service. 16

‘‘(5) CLUTTER.—The term ‘clutter’ means a nat-17

ural or man-made surface feature that affects the 18

propagation of a signal from a base station. 19

‘‘(6) FABRIC.—The term ‘Fabric’ means the 20

Broadband Serviceable Location Fabric established 21

under section 802(b)(1)(B). 22

‘‘(7) FORM 477.—The term ‘Form 477’ means 23

Form 477 of the Commission relating to local tele-24

phone competition and broadband reporting. 25

Page 3: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

3

•S 1822 EAH

‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 1

has the meaning given the term ‘Indian tribe’ in sec-2

tion 4 of the Indian Self-Determination and Edu-3

cation Assistance Act (25 U.S.C. 5304). 4

‘‘(9) MOBILITY FUND PHASE II.—The term ‘Mo-5

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 Docket 8

No. 10–208). 9

‘‘(10) PROPAGATION MODEL.—The term ‘propa-10

gation model’ means a mathematical formulation for 11

the characterization of radio wave propagation as a 12

function of frequency, distance, and other conditions. 13

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

provider of fixed or mobile broadband internet access 15

service. 16

‘‘(12) QUALITY OF SERVICE.—The term ‘quality 17

of service’ means, with respect to broadband internet 18

access service, the download and upload speeds (and, 19

for relevant services, latency) with respect to that 20

service, as determined by, and to the extent otherwise 21

collected by, the Commission. 22

‘‘(13) SHAPEFILE.—The term ‘shapefile’ means a 23

digital storage format containing geospatial or loca-24

tion-based data and attribute information— 25

Page 4: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

4

•S 1822 EAH

‘‘(A) regarding the availability of 1

broadband internet access service; and 2

‘‘(B) that can be viewed, edited, and 3

mapped in geographic information system soft-4

ware. 5

‘‘(14) STANDARD BROADBAND INSTALLATION.— 6

The term ‘standard broadband installation’— 7

‘‘(A) means the initiation by a provider of 8

fixed broadband internet access service in an 9

area in which the provider has not previously of-10

fered that service, with no charges or delays at-11

tributable to the extension of the network of the 12

provider; and 13

‘‘(B) includes the initiation of fixed 14

broadband internet access service through routine 15

installation that can be completed not later than 16

10 business days after the date on which the 17

service request is submitted. 18

‘‘SEC. 802. BROADBAND MAPS. 19

‘‘(a) RULES.— 20

‘‘(1) IN GENERAL.—Not later than 180 days 21

after the date of enactment of this title, the Commis-22

sion shall issue final rules that shall— 23

Page 5: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

5

•S 1822 EAH

‘‘(A) require the biannual collection and 1

dissemination of granular data, as determined 2

by the Commission— 3

‘‘(i) relating to the availability and 4

quality of service with respect to terrestrial 5

fixed, fixed wireless, satellite, and mobile 6

broadband internet access service; and 7

‘‘(ii) that the Commission shall use to 8

compile the maps created under subsection 9

(c)(1) (referred to in this section as ‘cov-10

erage maps’), which the Commission shall 11

make publicly available; and 12

‘‘(B) establish— 13

‘‘(i) processes through which the Com-14

mission can verify the accuracy of data sub-15

mitted under subsection (b)(2); 16

‘‘(ii) processes and procedures through 17

which the Commission, and, as necessary, 18

other entities or individuals submitting 19

non-public or competitively sensitive infor-20

mation under this title, can protect the se-21

curity, privacy, and confidentiality of that 22

non-public or competitively sensitive infor-23

mation, including— 24

Page 6: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

6

•S 1822 EAH

‘‘(I) information contained in the 1

Fabric; 2

‘‘(II) the dataset created under 3

subsection (b)(1)(A) supporting the 4

Fabric; and 5

‘‘(III) the data submitted under 6

subsection (b)(2); 7

‘‘(iii) the challenge process described in 8

subsection (b)(5); and 9

‘‘(iv) the process described in section 10

804(b). 11

‘‘(2) OTHER DATA.—In issuing the rules under 12

paragraph (1), the Commission shall develop a proc-13

ess through which the Commission can collect verified 14

data for use in the coverage maps from— 15

‘‘(A) State, local, and Tribal governmental 16

entities that are primarily responsible for map-17

ping or tracking broadband internet access serv-18

ice coverage for a State, unit of local govern-19

ment, or Indian Tribe, as applicable; 20

‘‘(B) third parties, if the Commission deter-21

mines that it is in the public interest to use such 22

data in— 23

‘‘(i) the development of the coverage 24

maps; or 25

Page 7: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

7

•S 1822 EAH

‘‘(ii) the verification of data submitted 1

under subsection (b); and 2

‘‘(C) other Federal agencies. 3

‘‘(3) UPDATES.—The Commission shall revise the 4

rules issued under paragraph (1) to— 5

‘‘(A) reflect changes in technology; 6

‘‘(B) ensure the accuracy of propagation 7

models, as further provided in subsection (b)(3); 8

and 9

‘‘(C) improve the usefulness of the coverage 10

maps. 11

‘‘(b) CONTENT OF RULES.— 12

‘‘(1) ESTABLISHMENT OF A SERVICEABLE LOCA-13

TION FABRIC REGARDING FIXED BROADBAND.— 14

‘‘(A) DATASET.— 15

‘‘(i) IN GENERAL.—The Commission 16

shall create a common dataset of all loca-17

tions in the United States where fixed 18

broadband internet access service can be in-19

stalled, as determined by the Commission. 20

‘‘(ii) CONTRACTING.— 21

‘‘(I) IN GENERAL.—Subject to 22

subclauses (II) and (III), the Commis-23

sion may contract with an entity with 24

expertise with respect to geographic in-25

Page 8: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

8

•S 1822 EAH

formation systems (referred to in this 1

subsection as ‘GIS’) to create and 2

maintain the dataset under clause (i). 3

‘‘(II) APPLICATION OF THE FED-4

ERAL ACQUISITION REGULATION.—A 5

contract into which the Commission 6

enters under subclause (I) shall in all 7

respects comply with applicable provi-8

sions of the Federal Acquisition Regu-9

lation. 10

‘‘(III) LIMITATIONS.—With re-11

spect to a contract into which the Com-12

mission enters under subclause (I)— 13

‘‘(aa) the entity with which 14

the Commission enters into the 15

contract shall be selected through 16

a competitive bid process that is 17

transparent and open; and 18

‘‘(bb) the contract shall be for 19

a term of not longer than 5 years, 20

after which the Commission may 21

enter into a new contract— 22

‘‘(AA) with an entity, 23

and for the purposes, de-24

scribed in clause (i); and 25

Page 9: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

9

•S 1822 EAH

‘‘(BB) that complies 1

with the requirements under 2

subclause (II) and this sub-3

clause; and 4

‘‘(cc) the contract shall— 5

‘‘(AA) prohibit the enti-6

ty described in item (aa) 7

from selling, leasing, or oth-8

erwise disclosing for mone-9

tary consideration any per-10

sonally identifiable informa-11

tion to any other entity other 12

than for purposes authorized 13

under this title; and 14

‘‘(BB) require the entity 15

described in item (aa) to in-16

clude in any contract with 17

any other entity a provision 18

that prohibits that other enti-19

ty from engaging in an ac-20

tion that is prohibited under 21

subitem (AA). 22

‘‘(B) FABRIC.—The rules issued by the 23

Commission under subsection (a)(1) shall estab-24

Page 10: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

10

•S 1822 EAH

lish the Broadband Serviceable Location Fabric, 1

which shall— 2

‘‘(i) contain geocoded information for 3

each location identified under subparagraph 4

(A)(i); 5

‘‘(ii) serve as the foundation upon 6

which all data relating to the availability of 7

fixed broadband internet access service col-8

lected under paragraph (2)(A) shall be re-9

ported and overlaid; 10

‘‘(iii) be compatible with commonly 11

used GIS software; and 12

‘‘(iv) at a minimum, be updated every 13

6 months by the Commission. 14

‘‘(C) IMPLEMENTATION PRIORITY.—The 15

Commission shall prioritize implementing the 16

Fabric for rural and insular areas of the United 17

States. 18

‘‘(2) COLLECTION OF INFORMATION.—The rules 19

issued by the Commission under subsection (a)(1) 20

shall include uniform standards for the reporting of 21

broadband internet access service data that the Com-22

mission shall collect— 23

Page 11: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

11

•S 1822 EAH

‘‘(A) from each provider of terrestrial fixed, 1

fixed wireless, or satellite broadband internet ac-2

cess service, which shall include data that— 3

‘‘(i) documents the areas where the 4

provider— 5

‘‘(I) has actually built out the 6

broadband network infrastructure of 7

the provider such that the provider is 8

able to provide that service; and 9

‘‘(II) could provide that service, 10

as determined by identifying where the 11

provider is capable of performing a 12

standard broadband installation, if ap-13

plicable; 14

‘‘(ii) includes information regarding 15

download and upload speeds, at various 16

thresholds established by the Commission, 17

and, if applicable, latency with respect to 18

broadband internet access service that the 19

provider makes available; 20

‘‘(iii) can be georeferenced to the GIS 21

data in the Fabric; 22

‘‘(iv) the provider shall report as— 23

Page 12: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

12

•S 1822 EAH

‘‘(I) with respect to providers of 1

fixed wireless broadband internet ac-2

cess service— 3

‘‘(aa) propagation maps and 4

propagation model details that— 5

‘‘(AA) satisfy standards 6

that are similar to those ap-7

plicable to providers of mo-8

bile broadband internet ac-9

cess service under subpara-10

graph (B) with respect to 11

propagation maps and prop-12

agation model details, taking 13

into account material dif-14

ferences between fixed wire-15

less and mobile broadband 16

internet access service; and 17

‘‘(BB) reflect the speeds 18

and latency of the service 19

provided by the provider; or 20

‘‘(bb) a list of addresses or lo-21

cations that constitute the service 22

area of the provider, except that 23

the Commission— 24

Page 13: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

13

•S 1822 EAH

‘‘(AA) may only permit, 1

and not require, a provider 2

to report the data using that 3

means of reporting; and 4

‘‘(BB) in the rules 5

issued under subsection 6

(a)(1), shall provide a meth-7

od for using that means of 8

reporting with respect to 9

Tribal areas; and 10

‘‘(II) with respect to providers of 11

terrestrial fixed and satellite 12

broadband internet access service— 13

‘‘(aa) polygon shapefiles; or 14

‘‘(bb) a list of addresses or lo-15

cations that constitute the service 16

area of the provider, except that 17

the Commission— 18

‘‘(AA) may only permit, 19

and not require, a provider 20

to report the data using that 21

means of reporting; and 22

‘‘(BB) in the rules 23

issued under subsection 24

(a)(1), shall provide a meth-25

Page 14: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

14

•S 1822 EAH

od for using that means of 1

reporting with respect to 2

Tribal areas; and 3

‘‘(v) the Commission determines is ap-4

propriate with respect to certain tech-5

nologies in order to ensure that the 6

Broadband Map is granular and accurate; 7

and 8

‘‘(B) from each provider of mobile 9

broadband internet access service, which shall in-10

clude propagation maps and propagation model 11

details that indicate the current (as of the date 12

on which the information is collected) fourth gen-13

eration Long-Term Evolution (commonly re-14

ferred to as ‘4G LTE’) mobile broadband inter-15

net access service coverage of the provider, which 16

shall— 17

‘‘(i) take into consideration the effect of 18

clutter; and 19

‘‘(ii) satisfy— 20

‘‘(I) the requirements of having— 21

‘‘(aa) a download speed of 22

not less than 5 megabits per sec-23

ond and an upload speed of not 24

less than 1 megabit per second 25

Page 15: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

15

•S 1822 EAH

with a cell edge probability of not 1

less than 90 percent; and 2

‘‘(bb) cell loading of not less 3

than 50 percent; and 4

‘‘(II) any other parameter that 5

the Commission determines to be nec-6

essary to create a map under sub-7

section (c)(1)(C) that is more precise 8

than the map produced as a result of 9

the submissions under the Mobility 10

Fund Phase II information collection. 11

‘‘(3) UPDATE OF REPORTING STANDARDS FOR 12

MOBILE BROADBAND INTERNET ACCESS SERVICE.— 13

For the purposes of paragraph (2)(B), if the Commis-14

sion determines that the reporting standards under 15

that paragraph are insufficient to collect accurate 16

propagation maps and propagation model details 17

with respect to future generations of mobile 18

broadband internet access service technologies, the 19

Commission shall immediately commence a rule mak-20

ing to adopt new reporting standards with respect to 21

those technologies that— 22

‘‘(A) shall be the functional equivalent of 23

the standards required under paragraph (2)(B); 24

and 25

Page 16: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

16

•S 1822 EAH

‘‘(B) allow for the collection of propagation 1

maps and propagation model details that are as 2

accurate and granular as, or more accurate and 3

granular than, the maps and model details col-4

lected by the Commission under paragraph 5

(2)(B). 6

‘‘(4) CERTIFICATION AND VERIFICATION.—With 7

respect to a provider that submits information to the 8

Commission under paragraph (2)— 9

‘‘(A) the provider shall include in each sub-10

mission a certification from a corporate officer of 11

the provider that the officer has examined the in-12

formation contained in the submission and that, 13

to the best of the officer’s actual knowledge, infor-14

mation, and belief, all statements of fact con-15

tained in the submission are true and correct; 16

and 17

‘‘(B) the Commission shall verify the accu-18

racy and reliability of the information in ac-19

cordance with measures established by the Com-20

mission. 21

‘‘(5) CHALLENGE PROCESS.— 22

‘‘(A) IN GENERAL.—In the rules issued 23

under subsection (a), and subject to subpara-24

graph (B), the Commission shall establish a 25

Page 17: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

17

•S 1822 EAH

user-friendly challenge process through which 1

consumers, State, local, and Tribal governmental 2

entities, and other entities or individuals may 3

submit coverage data to the Commission to chal-4

lenge the accuracy of— 5

‘‘(i) the coverage maps; 6

‘‘(ii) any information submitted by a 7

provider regarding the availability of 8

broadband internet access service; or 9

‘‘(iii) the information included in the 10

Fabric. 11

‘‘(B) CONSIDERATIONS; VERIFICATION; RE-12

SPONSE TO CHALLENGES.—In establishing the 13

challenge process required under subparagraph 14

(A), the Commission shall— 15

‘‘(i) consider— 16

‘‘(I) the types of information that 17

an entity or individual submitting a 18

challenge should provide to the Com-19

mission in support of the challenge; 20

‘‘(II) the appropriate level of 21

granularity for the information de-22

scribed in subclause (I); 23

‘‘(III) the need to mitigate the 24

time and expense incurred by, and the 25

Page 18: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

18

•S 1822 EAH

administrative burdens placed on, enti-1

ties or individuals in— 2

‘‘(aa) challenging the accu-3

racy of a coverage map; and 4

‘‘(bb) responding to chal-5

lenges described in item (aa); 6

‘‘(IV) the costs to consumers and 7

providers resulting from a 8

misallocation of funds because of a re-9

liance on outdated or otherwise inac-10

curate information in the coverage 11

maps; 12

‘‘(V) any lessons learned from the 13

challenge process established under Mo-14

bility Fund Phase II, as determined 15

from comments solicited by the Com-16

mission; and 17

‘‘(VI) the need for user-friendly 18

challenge submission formats that will 19

promote participation in the challenge 20

process; 21

‘‘(ii) include a process for verifying the 22

data submitted through the challenge proc-23

ess in order to ensure the reliability of that 24

data; 25

Page 19: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

19

•S 1822 EAH

‘‘(iii) allow providers to respond to 1

challenges submitted through the challenge 2

process; and 3

‘‘(iv) develop an online mechanism, 4

which— 5

‘‘(I) shall be integrated into the 6

coverage maps; 7

‘‘(II) allows for an entity de-8

scribed in subparagraph (A) to submit 9

a challenge under the challenge process; 10

‘‘(III) makes challenge data avail-11

able in both geographic information 12

system and non-geographic informa-13

tion system formats; and 14

‘‘(IV) clearly identifies the areas 15

in which broadband internet access 16

service is available, and the upload 17

and download speeds at which that 18

service is available, as reported to the 19

Commission under this section. 20

‘‘(C) USE OF CHALLENGES.—The rules 21

issued to establish the challenge process under 22

subparagraph (A) shall include— 23

‘‘(i) a process for the speedy resolution 24

of challenges; and 25

Page 20: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

20

•S 1822 EAH

‘‘(ii) a process for the regular and ex-1

peditious updating of the coverage maps 2

and granular data disseminated by the 3

Commission as challenges are resolved. 4

‘‘(D) REPORT TO CONGRESS.—Not earlier 5

than 1 year, and not later than 18 months, after 6

the date on which the rules issued under sub-7

section (a)(1) take effect, the Commission shall, 8

after an opportunity for notice and comment, 9

submit to the Committee on Commerce, Science, 10

and Transportation of the Senate and the Com-11

mittee on Energy and Commerce of the House of 12

Representatives a report that— 13

‘‘(i) evaluates the challenge process de-14

scribed in subparagraph (A); and 15

‘‘(ii) considers whether the Commission 16

should commence an inquiry on the need for 17

other tools to help— 18

‘‘(I) identify potential inaccura-19

cies in the data relating to broadband 20

internet access service that providers 21

report; and 22

‘‘(II) improve the accuracy of the 23

data described in subclause (I). 24

‘‘(6) REFORM OF FORM 477 PROCESS.— 25

Page 21: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

21

•S 1822 EAH

‘‘(A) IN GENERAL.—Not later than 180 1

days after the date on which the rules issued 2

under subsection (a) take effect, the Commission 3

shall— 4

‘‘(i) reform the Form 477 broadband 5

deployment service availability collection 6

process of the Commission— 7

‘‘(I) to achieve the purposes of this 8

title; and 9

‘‘(II) in a manner that— 10

‘‘(aa) enables the comparison 11

of data and maps produced before 12

the implementation of this title 13

with data and coverage maps pro-14

duced after the implementation of 15

this title; and 16

‘‘(bb) maintains the public 17

availability of data relating to the 18

deployment of broadband internet 19

access service; and 20

‘‘(ii) harmonize reporting requirements 21

and procedures regarding the deployment of 22

broadband internet access service that are 23

in effect on the day before the date on which 24

the rules issued under subsection (a)(1) take 25

Page 22: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

22

•S 1822 EAH

effect with those requirements and proce-1

dures in those rules. 2

‘‘(B) CONTINUED COLLECTION AND REPORT-3

ING.—On and after the date on which the Com-4

mission carries out subparagraph (A), the Com-5

mission shall continue to collect and publicly re-6

port subscription data that the Commission col-7

lected through the Form 477 broadband deploy-8

ment service availability process, as in effect on 9

July 1, 2019. 10

‘‘(7) SHARING DATA WITH NTIA.—The Commis-11

sion shall establish a process to make the data col-12

lected under paragraph (2) available to the National 13

Telecommunications and Information Administra-14

tion. 15

‘‘(c) MAPS.—The Commission shall— 16

‘‘(1) after consultation with the Federal Geo-17

graphic Data Committee established under section 18

753(a) of the Geospatial Data Act of 2018, create— 19

‘‘(A) the Broadband Map, which shall de-20

pict— 21

‘‘(i) the extent of the availability of 22

broadband internet access service in the 23

United States, without regard to whether 24

that service is fixed broadband internet ac-25

Page 23: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

23

•S 1822 EAH

cess service or mobile broadband internet 1

access service, which shall be based on data 2

collected by the Commission from all pro-3

viders; and 4

‘‘(ii) the areas of the United States 5

that remain unserved by providers; 6

‘‘(B) a map that depicts the availability of 7

fixed broadband internet access service, which 8

shall be based on data collected by the Commis-9

sion from providers under subsection (b)(2)(A); 10

and 11

‘‘(C) a map that depicts the availability of 12

mobile broadband internet access service, which 13

shall be based on data collected by the Commis-14

sion from providers under subsection (b)(2)(B); 15

‘‘(2) after creating the maps under paragraph 16

(1), use such maps— 17

‘‘(A) to determine the areas in which terres-18

trial fixed, fixed wireless, mobile, and satellite 19

broadband internet access service is and is not 20

available; and 21

‘‘(B) when making any new award of fund-22

ing with respect to the deployment of broadband 23

internet access service intended for use by resi-24

dential and mobile customers; 25

Page 24: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

24

•S 1822 EAH

‘‘(3) update the maps created under paragraph 1

(1) not less frequently than biannually using the most 2

recent data collected from providers under subsection 3

(b)(2); 4

‘‘(4) consult with— 5

‘‘(A) the Secretary of Agriculture to enable 6

the Secretary of Agriculture to consult the maps 7

created under paragraph (1) when considering 8

the awarding of funds for the deployment of 9

broadband internet access service under any pro-10

gram administered by the Administrator of the 11

Rural Utilities Service; and 12

‘‘(B) the National Telecommunications and 13

Information Administration to enable the Ad-14

ministration to consult the maps created under 15

paragraph (1) when considering the awarding of 16

funds for the deployment of broadband internet 17

access service under any future program admin-18

istered by the Administration; 19

‘‘(5) make available to any Federal agency, upon 20

request, the maps created under paragraph (1); and 21

‘‘(6) make public at an appropriate level of 22

granularity— 23

‘‘(A) the maps created under paragraph (1); 24

and 25

Page 25: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

25

•S 1822 EAH

‘‘(B) the data collected by the Commission 1

with respect to the availability of broadband 2

internet access service and the quality of service 3

with respect to broadband internet access service. 4

‘‘(d) DELAYED EFFECTIVE DATE FOR QUALITY OF 5

SERVICE RULES.—Any requirement of a rule issued under 6

subsection (a)(1) that relates to quality of service shall take 7

effect not earlier than the date that is 180 days after the 8

date on which the Commission issues that rule. 9

‘‘SEC. 803. ENFORCEMENT. 10

‘‘It shall be unlawful for an entity or individual to 11

willfully and knowingly, or recklessly, submit information 12

or data under this title that is materially inaccurate or 13

incomplete with respect to the availability of broadband 14

internet access service or the quality of service with respect 15

to broadband internet access service. 16

‘‘SEC. 804. IMPROVING DATA ACCURACY. 17

‘‘(a) AUDITS.—The Commission shall conduct regular 18

audits of information submitted to the Commission by pro-19

viders under section 802(b)(2) to ensure that the providers 20

are complying with this title. 21

‘‘(b) CROWDSOURCING.— 22

‘‘(1) IN GENERAL.—The Commission shall de-23

velop a process through which entities or individuals 24

in the United States may submit specific information 25

Page 26: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

26

•S 1822 EAH

about the deployment and availability of broadband 1

internet access service in the United States on an on-2

going basis so that the information may be used to 3

verify and supplement information provided by pro-4

viders of broadband internet access service for inclu-5

sion in the maps created under section 802(c)(1). 6

‘‘(2) COLLABORATION.—As part of the efforts of 7

the Commission to facilitate the ability of entities and 8

individuals to submit information under paragraph 9

(1), the Commission shall— 10

‘‘(A) prioritize the consideration of data 11

provided by data collection applications used by 12

consumers that the Commission has deter-13

mined— 14

‘‘(i) are highly reliable; and 15

‘‘(ii) have proven methodologies for de-16

termining network coverage and network 17

performance; 18

‘‘(B) not later than 1 year after the date of 19

enactment of this title, conclude a process that 20

tests the feasibility of partnering with Federal 21

agencies that operate delivery fleet vehicles, in-22

cluding the United States Postal Service, to fa-23

cilitate the collection and submission of informa-24

tion described in that paragraph; and 25

Page 27: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

27

•S 1822 EAH

‘‘(C) not later than 14 months after the date 1

of enactment of this title, publish on the website 2

of the Commission, and submit to the Committee 3

on Commerce, Science, and Transportation of 4

the Senate and the Committee on Energy and 5

Commerce of the House of Representatives, a re-6

port regarding the testing described in subpara-7

graph (B), which shall include— 8

‘‘(i) a determination regarding whether 9

the partnerships with Federal agencies de-10

scribed in that subparagraph are able to fa-11

cilitate the collection and submission of in-12

formation described in paragraph (1); and 13

‘‘(ii) any steps that the Commission 14

plans to take to facilitate the partnerships 15

described in that subparagraph. 16

‘‘(c) TECHNICAL ASSISTANCE TO INDIAN TRIBES.— 17

‘‘(1) IN GENERAL.—Subject to paragraph (2), the 18

Commission shall hold workshops for Tribal Govern-19

ments in each of the 12 Bureau of Indian Affairs re-20

gions to provide technical assistance with the collec-21

tion and submission of data under section 802(a)(2). 22

‘‘(2) ANNUAL REVIEW.—Each year, the Commis-23

sion, in consultation with Indian Tribes, shall review 24

Page 28: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

28

•S 1822 EAH

the need for continued workshops required under 1

paragraph (1). 2

‘‘(d) TECHNICAL ASSISTANCE TO SMALL SERVICE 3

PROVIDERS.—The Commission shall establish a process 4

through which a provider that has fewer than 100,000 ac-5

tive broadband internet access service connections may re-6

quest and receive assistance from the Commission with re-7

spect to geographic information system data processing to 8

ensure that the provider is able to comply with the require-9

ments under section 802(b) in a timely and accurate man-10

ner. 11

‘‘(e) TECHNICAL ASSISTANCE TO STATE, LOCAL, AND 12

TRIBAL GOVERNMENTS AND CONSUMERS.—The Commis-13

sion shall provide technical assistance to consumers and 14

State, local, and Tribal governmental entities with respect 15

to the challenge process established under section 802(b)(5), 16

which shall include— 17

‘‘(1) detailed tutorials and webinars; and 18

‘‘(2) the provision of staff of the Commission to 19

provide assistance, as needed, throughout the entirety 20

of the challenge process. 21

‘‘(f) GAO ASSESSMENT OF FABRIC SOURCE DATA.— 22

‘‘(1) IN GENERAL.—The Comptroller General of 23

the United States shall conduct an assessment of key 24

data sources that are used for purposes of the Fabric 25

Page 29: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

29

•S 1822 EAH

to identify and geocode locations where fixed 1

broadband internet access service can be installed in 2

order for the Comptroller General to develop rec-3

ommendations for how the quality and completeness 4

of those data sources can be improved as data sources 5

for the Fabric. 6

‘‘(2) SOURCES INCLUDED.—For the purposes of 7

the assessment conducted under paragraph (1), the 8

key data sources described in that paragraph shall in-9

clude— 10

‘‘(A) any relevant sources of Federal data, 11

including the National Address Database admin-12

istered by the Department of Transportation; 13

‘‘(B) State- and county-level digitized par-14

cel data; and 15

‘‘(C) property tax attribute recording. 16

‘‘(3) REPORT.—Not later than 1 year after the 17

date of enactment of this title, the Comptroller Gen-18

eral of the United States shall submit to the Com-19

mittee on Commerce, Science, and Transportation of 20

the Senate and the Committee on Energy and Com-21

merce of the House of Representatives a report that 22

contains the recommendations developed under para-23

graph (1). 24

Page 30: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

30

•S 1822 EAH

‘‘SEC. 805. COST. 1

‘‘(a) USF.—The Commission may not use funds from 2

the universal service programs of the Commission estab-3

lished under section 254, and the regulations issued under 4

that section, to pay for any costs associated with this title. 5

‘‘(b) OTHER FUNDS.—The Commission may recover 6

costs associated with this title under section 9 to the extent 7

provided for in an appropriation Act, as required under 8

subsection (a) of that section. 9

‘‘SEC. 806. OTHER PROVISIONS. 10

‘‘(a) OMB.—Notwithstanding any other provision of 11

law, the initial rule making required under section 12

802(a)(1) shall be exempt from review by the Office of Man-13

agement and Budget. 14

‘‘(b) PRA.—Subchapter I of chapter 35 of title 44, 15

United States Code (commonly known as the ‘Paperwork 16

Reduction Act’) shall not apply to the initial rule making 17

required under section 802(a)(1). 18

‘‘(c) EXECUTION OF RESPONSIBILITIES.—Except, with 19

respect to an entity that is not the Universal Service Ad-20

ministrative Company, as provided in section 21

802(a)(2)(B), section 802(b)(1)(A)(ii), and subsections (c), 22

(d), and (e) of section 804, the Commission— 23

‘‘(1) including the offices of the Commission, 24

shall carry out the responsibilities assigned to the 25

Commission under this title; and 26

Page 31: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

31

•S 1822 EAH

‘‘(2) may not delegate any of the responsibilities 1

assigned to the Commission under this title to any 2

third party, including the Universal Service Adminis-3

trative Company. 4

‘‘(d) REPORTING.—Each fiscal year, the Commission 5

shall submit to the Committee on Commerce, Science, and 6

Transportation of the Senate and the Committee on Energy 7

and Commerce of the House of Representatives a report that 8

summarizes the implementation of this title and associated 9

enforcement activities conducted during the previous fiscal 10

year. 11

‘‘(e) RULE OF CONSTRUCTION.—If the Commission, be-12

fore the date of enactment of this title, has taken an action 13

that, in whole or in part, implements this title, the Commis-14

sion shall not be required to revisit such action to the extent 15

that such action is consistent with this title.’’. 16

Attest:

Clerk.

Page 32: In the House of Representatives, U. S.,3 •S 1822 EAH 1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 2 has the meaning given the term ‘Indian tribe’ in sec- 3 tion 4

11

6T

HC

ON

GR

ES

S

2D

SE

SS

ION

S. 1822

AM

EN

DM

EN

T