,i #aafth ,,congress #ast ,session ,h4 ,r4 #dbbi ,,in ,,the ,,house ,,of ,,representatives ,september #f1 #bjai,mr4 ,loebsack 7for himself1 ,mr4 ,latta1 ,mr4 ,mc,eachin1 and ,mr4 ,long7 introduced the following bill2 which was referred to the ,committee on ,energy 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 services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,broadband ,deployment ,accuracy and ,technological ,availability ,act or the ,broadband ,,data ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,broadband internet access service ,the term broadband internet access service has the meaning given the term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,broadband ,map ,the term ,broadband ,map means the map created by the ,commission under section #c7;c77#a77;,a74 7#c7 ,cell edge probability ,the term cell edge probability means the likelihood that the minimum 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 cell4 7#d7 ,cell loading ,the term cell loading means the percentage of the available air interface resources of a base station that are used by consumers with respect to broadband internet access service4 7#e7 ,clutter ,the term clutter means a natural or man-made surface feature that affects the propagation of a signal from a base station4 7#f7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#g7 ,fabric ,the term ,fabric means the ,broadband ,serviceable ,location ,fabric established under section #c7;b77#a77;,b74 7#h7 ,form #dgg ,the term ,form #dgg means ,form #dgg of the ,commission relating to local telephone competition and broadband reporting4 7#i7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#aj7 ,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 7,,wc ,docket ,no4 #aj-ij2 ,,wt ,docket ,no4 #aj-bjh74 7#aa7 ,propagation model ,the term propagation model means a mathematical formulation for the characterization of radio wave propagation as a function of frequency1 distance1 and other conditions4 7#ab7 ,provider ,the term provider means a provider of fixed or mobile broadband internet access service4 7#ac7 ,quality of service ,the term quality of service means information regarding offered download and upload speeds and latency of a provider's broadband internet access service as determined by and to the extent otherwise collected by the ,commission4 7#ad7 ,shapefile ,the term shapefile means a digital storage format containing geospatial or location-based data and attribute information-- 7,a7 regarding the availability of broadband internet access service2 and 7,b7 that can be viewed1 edited1 and mapped in geographic information system software4 7#ae7 ,standard broadband installation ,the term standard broadband installation-- 7,a7 means the initiation by a provider of new fixed broadband internet access service with no charges or delays attributable to the extension of the network of the provider2 and 7,b7 includes the initiation of fixed broadband internet access service through routine installation that can be completed not later than #aj business days after the date on which the service request is submitted4 #c4 ,broadband maps 7a7 ,rules 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall issue final rules that shall-- 7,a7 in a manner that balances public access to data with adequate protections for privacy and for confidential or competitively sensitive information1 require the collection and dissemination of granular data1 as determined by the ,commission-- 7i7 relating to the availability and quality of service of terrestrial fixed1 fixed wireless1 satellite1 and mobile broadband internet access service2 and 7ii7 that the ,commission shall use to compile the maps created under subsection 7c77#a7 7referred to in this section as coverage maps71 which the ,commission shall make publicly available2 and 7,b7 establish-- 7i7 processes through which the ,commission can verify the accuracy of data submitted under subsection 7b77#b72 7ii7 processes and procedures through which the ,commission1 and1 as necessary1 other entities or persons submitting information under this ,act1 can protect the security1 privacy1 and confidentiality of-- 7,i7 information contained in the ,fabric2 7,,ii7 the dataset created under subsection 7b77#a7 supporting the ,fabric2 and 7,,iii7 the data submitted under subsection 7b77#b72 7iii7 the challenge process described in subsection 7b77#e72 and 7iv7 the process described in section #d7;b74 7#b7 ,other data ,in issuing the rules under paragraph 7#a71 the ,commission shall develop a process through which the ,commission can collect verified data for use in the coverage maps from-- 7,a7 ,state1 local1 and ,tribal governmental entities that are primarily responsible for mapping or tracking broadband internet access service coverage for a ,state1 unit of local government1 or ,indian ,tribe1 as applicable2 7,b7 third parties1 including industry analysis mapping or tracking broadband internet access service coverage and quality of service1 if the ,commission determines that it is in the public interest to use such data in-- 7i7 the development of the coverage maps2 or 7ii7 the verification of data submitted under subsection 7b72 and 7,c7 other ,federal agencies4 7#c7 ,updates ,the ,commission shall revise the rules issued under paragraph 7#a7 to-- 7,a7 reflect changes in technology2 7,b7 ensure the accuracy of propagation models1 as further provided in subsection 7b77#c72 and 7,c7 improve the usefulness of the coverage maps4 7b7 ,content of rules 7#a7 ,establishment of a serviceable location fabric regarding fixed broadband 7,a7 ,dataset 7i7 ,in general ,the ,commission shall create a common dataset of all locations in the ,united ,states where fixed broadband internet access service can be installed1 as determined by the ,commission4 7ii7 ,contracting 7,i7 ,in general ,subject to subclauses 7,,ii7 and 7,,iii71 the ,commission may contract with an entity with expertise with respect to geographic information systems 7referred to in this subsection as ,,gis7 to create and maintain the dataset under clause 7i74 7,,ii7 ,application of the ,federal ,acquisition ,regulation ,a contract into which the ,commission enters under subclause 7,i7 shall in all respects comply with applicable provisions of the ,federal ,acquisition ,regulation4 7,,iii7 ,limitations ,with respect to a contract into which the ,commission enters under subclause 7,i7-- 7aa7 the entity with which the ,commission contracts shall be selected through a competitive bid process that is transparent and open2 and 7bb7 the contract shall be for a term of not longer than #e years1 after which the ,commission may enter into a new contract-- 7,,aa7 with an entity1 and for the purposes1 described in clause 7i72 and 7,,bb7 that complies with the requirements under subclause 7,,ii7 and this subclause4 7,b7 ,fabric ,the rules issued by the ,commission under subsection 7a77#a7 shall establish the ,broadband ,serviceable ,location ,fabric1 which shall-- 7i7 contain geocoded information for each location identified under subparagraph 7,a77i72 7ii7 serve as the foundation upon which all data relating to the availability of fixed broadband internet access service collected under paragraph 7#b77;,a7 shall be reported and overlaid2 7iii7 be compatible with commonly used ,,gis software2 and 7iv7 at a minimum1 be updated every #f months by the ,commission4 7,c7 ,implementation priority ,the ,commission shall prioritize implementing the ,fabric for rural and insular areas of the ,united ,states4 7#b7 ,collection of information ,the rules issued by the ,commission under subsection 7a77#a7 shall include uniform standards for the reporting of broadband internet access service data that the ,commission shall collect-- 7,a7 from each provider of terrestrial fixed1 fixed wireless1 or satellite broadband internet access service1 which shall include data that-- 7i7 documents the areas where the provider-- 7,i7 has actually built out the broadband network infrastructure of the provider such that the provider is able to provide that service2 and 7,,ii7 could provide that service1 as determined by identifying where the provider is capable of performing a standard broadband installation1 if applicable2 7ii7 includes information regarding download and upload speeds1 at various thresholds established by the ,commission1 and if applicable1 latency with respect to broadband internet access service that the provider makes available2 7iii7 can be georeferenced to the ,,gis data in the ,fabric2 7iv7 the provider shall report as-- 7,i7 with respect to providers of fixed wireless broadband internet access service-- 7aa7 propagation maps and propagation model details that-- 7,,aa7 satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph 7,b7 with respect to propagation maps and propagation model details1 taking into account material differences between fixed wireless and mobile broadband internet access service2 and 7,,bb7 reflect the speeds and latency of the service provided by the provider2 or 7bb7 a list of addresses or locations that constitute the service area of the provider1 except that the ,commission-- 7,,aa7 may only permit1 and not require1 a provider to report the data using that means of reporting2 and 7,,bb7 in the rules issued under subsection 7a77#a71 shall provide a method for using that means of reporting with respect to ,tribal areas2 and 7,,ii7 with respect to providers of terrestrial fixed and satellite broadband internet access service-- 7aa7 polygon shapefiles2 or 7bb7 a list of addresses or locations that constitute the service area of the provider1 except that the ,commission-- 7,,aa7 may only permit1 and not require1 a provider to report the data using that means of reporting2 and 7,,bb7 in the rules issued under subsection 7a77#a71 shall provide a method for using that means of reporting with respect to ,tribal areas2 and 7v7 the ,commission determines is appropriate with respect to certain technologies in order to ensure that the ,broadband ,map is granular and accurate2 and 7,b7 from each provider of mobile broadband internet access service1 which shall include propagation maps1 and the propagation models on which those maps are based1 that indicate the current 7as of the date on which the information is collected7 fourth generation ,long-,term ,evolution 7commonly referred to as #d;,g ,,lte7 mobile broadband internet access service coverage of the provider1 which shall-- 7i7 take into consideration the effect of clutter2 and 7ii7 satisfy-- 7,i7 the requirements of having-- 7aa7 a download speed of #e megabits per second and an upload speed of #a megabit per second with a cell edge probability of not less than #ij percent2 and 7bb7 cell loading of #ej percent2 and 7,,ii7 any other parameter that the ,commission determines to be necessary to create a map under subsection 7c77#a77;,c7 that is more precise than the map produced as a result of the submissions under the ,mobility ,fund ,phase ,,ii information collection4 7#c7 ,update of reporting standards for mobile broadband internet access service ,for the purposes of paragraph 7#b77;,b71 if the ,commission determines that the reporting standards under that paragraph are insufficient to collect accurate propagation maps and propagation model details with respect to future generations of mobile broadband internet access service technologies1 the ,commission shall immediately commence a rulemaking to adopt new reporting standards with respect to those technologies that-- 7,a7 shall be the functional equivalent of the standards required under paragraph 7#b77;,b72 and 7,b7 allow for the collection of propagation maps and propagation model details that are as accurate and granular as1 or more accurate and granular than1 the maps and model details collected by the ,commission under such paragraph 7#b77;,b74 7#d7 ,certification and verification ,with respect to a provider that submits information to the ,commission under paragraph 7#b7-- 7,a7 the provider shall include in each submission a certification from a corporate officer of the provider that the officer has examined the information contained in the submission and that1 to the best of the officer's actual knowledge1 information1 and belief1 all statements of fact contained in the submission are true and correct2 and 7,b7 the ,commission shall verify the accuracy and reliability of the information in accordance with measures established by the ,commission4 7#e7 ,challenge process 7,a7 ,in general ,in the rules issued under subsection 7a71 and subject to subparagraph 7,b71 the ,commission shall establish a user-friendly challenge process through which consumers1 ,state1 local1 and ,tribal governmental entities1 and other entities may submit coverage data to the ,commission to challenge the accuracy of-- 7i7 the coverage maps2 7ii7 any information submitted by a provider regarding the availability of broadband internet access service2 or 7iii7 the information included in the ,fabric4 7,b7 ,considerations2 verification2 response to challenges ,in establishing the challenge process required under subparagraph 7,a71 the ,commission shall-- 7i7 consider-- 7,i7 the types of information that an entity submitting a challenge should provide to the ,commission in support of the challenge2 7,,ii7 the appropriate level of granularity for the information described in subclause 7,i72 7,,iii7 the need to mitigate the time and expense incurred by1 and the administrative burdens placed on1 entities in-- 7aa7 challenging the accuracy of a coverage map2 and 7bb7 responding to challenges described in item 7aa72 and 7,,iv7 the costs to consumers and providers resulting from a misallocation of funds because of a reliance on outdated or otherwise inaccurate information in the coverage maps2 7ii7 include a process for verifying the data submitted through the challenge process in order to ensure the reliability of that data2 7iii7 allow providers to respond to challenges submitted through the challenge process2 and 7iv7 develop an online mechanism1 which-- 7,i7 shall be integrated into the coverage maps2 and 7,,ii7 allows for an entity described in subparagraph 7,a7 to submit a challenge under the challenge process4 7,c7 ,use of challenges ,the rules issued to establish the challenge process under subparagraph 7,a7 shall include-- 7i7 a process for the speedy resolution of challenges2 and 7ii7 a process for the regular and expeditious updating of the coverage maps and granular data the ,commission disseminates as challenges are resolved4 7#f7 ,reform of form #dgg process 7,a7 ,in general ,not later than #ahj days after the date on which the rules issued under subsection 7a7 take effect1 the ,commission shall-- 7i7 reform the ,form #dgg 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 ,act2 and 7ii7 harmonize reporting requirements and procedures regarding the deployment of broadband internet access service that1 as of the date on which the rules issued under subsection 7a7 take effect1 are in effect4 7,b7 ,continued collection and reporting ,on and after the date on which the ,commission carries out subparagraph 7,a71 the ,commission shall continue to collect and publicly report subscription data that the ,commission collected through the ,form #dgg broadband deployment service availability process1 as in effect on ,july #a1 #bjai4 7c7 ,maps ,the ,commission shall-- 7#a7 create-- 7,a7 the ,broadband ,map1 which shall depict-- 7i7 the extent of the availability of broadband internet access service in the ,united ,states1 without regard to whether that service is fixed broadband internet access service or mobile broadband internet access service1 which shall be based on data collected by the ,commission from all providers2 and 7ii7 the areas of the ,united ,states that remain unserved by providers2 7,b7 a map that depicts the availability of fixed broadband internet access service1 which shall be based on data collected by the ,commission from providers under subsection 7b77#b77;,a72 and 7,c7 a map that depicts the availability of mobile broadband internet access service1 which shall be based on data collected by the ,commission from providers under subsection 7b77#b77;,b72 7#b7 use the maps created under paragraph 7#a7-- 7,a7 to determine the areas in which terrestrial fixed1 fixed wireless1 mobile1 and satellite broadband internet access service is and is not available2 and 7,b7 when making any new award of funding with respect to the deployment of broadband internet access service2 7#c7 update the maps created under paragraph 7#a7 not less frequently than biannually using the most recent data collected from providers under subsection 7b77#b72 7#d7 establish a process requiring the ,department of ,agriculture and the ,national ,telecommunications and ,information ,administration to consult the maps created under paragraph 7#a7 when1 as of the date on which the process is established or on any future date1 distributing funds relating to the deployment of broadband internet access service under any program administered by the ,rural ,utilities ,service or the ,administration1 respectively2 7#e7 establish a process to make the data collected under subsection 7b77#b7 available to the ,national ,telecommunications and ,information ,administration2 and 7#f7 make public at an appropriate level of granularity-- 7,a7 the maps created under paragraph 7#a72 and 7,b7 the data collected by the ,commission with respect to broadband internet access service availability and quality of service4 7d7 ,delayed effective date of quality of service rules ,any requirement of a rule relating to quality of service issued under subsection 7a7 shall take effect not earlier than the date that is #ahj days after the date on which the ,commission issues such rule4 #d4 ,improving data accuracy 7a7 ,audits ,the ,commission shall conduct regular audits of information submitted to the ,commission by providers under section 7#c77;b77#b7 to ensure that the providers are complying with this ,act4 7b7 ,crowdsourcing 7#a7 ,in general ,the ,commission shall develop a process through which persons in the ,united ,states may submit specific information about the deployment and availability of broadband internet access service in the ,united ,states so that the information may be used to verify and supplement information provided by providers of broadband internet access service for inclusion in the maps created under section #c7;c77#a74 7#b7 ,collaboration ,as part of the efforts of the ,commission to facilitate the ability of persons to submit information under paragraph 7#a71 the ,commission shall issue guidance and other information as appropriate to ensure that the information submitted is uniform and consistent with the data submitted by providers under section #c7;b77#b74 7c7 ,technical assistance to ,indian ,tribes 7#a7 ,in general ,subject to paragraph 7#b71 the ,commission shall hold workshops for ,tribal governments in each of the #ab ,bureau of ,indian ,affairs regions to provide technical assistance with the collection and submission of data under section #c7;a77#b74 7#b7 ,annual review ,each year1 the ,commission1 in consultation with ,indian ,tribes1 shall review the need for continued workshops required under paragraph 7#a74 7d7 ,technical assistance to small service providers ,the ,commission shall establish a process through which a provider that has fewer than #ajj1jjj active broadband internet access service connections may request and receive assistance from the ,commission with respect to geographic information system data processing to ensure that the provider is able to comply with the requirements under section #c7;b7 in a timely and accurate manner4 #e4 ,cost 7a7 ,in general ,beginning with the first full fiscal year after the date of enactment of this ,act1 the ,commission shall include in the budget submission of the ,commission to the ,president under sections #aaje7;a7 and #aajh of title #ca1 ,united ,states ,code1 amounts sufficient to ensure the proper and continued functioning of the responsibilities of the ,commission under this ,act4 7b7 ,cost of ,fabric 7#a7 ,,usf ,the ,commission may not use funds from the universal service programs of the ,commission established under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed71 and the regulations issued under that section1 to pay for any costs associated with this ,act4 7#b7 ,other funds ,the ,commission may recover costs associated with this ,act under section #i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #i7 to the extent provided for in an appropriation ,act1 as required under subsection 7a7 of that section4 #f4 ,other provisions 7a7 ,,omb ,notwithstanding any other provision of law1 the initial rulemaking required under section #c7;a77#a7 shall be exempt from review by the ,office of ,management and ,budget4 7b7 ,,pra ,chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act7 shall not apply to the initial rulemaking required under section #c7;a77#a74 7c7 ,execution of responsibilities ,except as provided in section #c7;b77#a77;,a77ii71 the ,commission-- 7#a7 including the offices of the ,commission1 shall carry out the responsibilities assigned to the ,commission under this ,act2 and 7#b7 may not delegate any of the responsibilities assigned to the ,commission under this ,act to any third party1 including the ,universal ,service ,administrative ,company4 7d7 ,reporting ,each fiscal year1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that summarizes the implementation of this ,act and associated enforcement activities conducted during the previous fiscal year4