,,ii #aafth ,,congress #ast ,session ,s4 #aebb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjai,mrs4 ,capito 7for herself1 ,mr4 ,schatz1 ,mr4 ,tester1 and ,mr4 ,moran7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve broadband data collection1 mapping1 and validation to support the effective deployment of broadband services to all areas of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,broadband ,data ,improvement ,act of #bjai4 #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 #h4a of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,federal agency ,the term ,federal agency means-- 7,a7 the ,commission2 7,b7 the ,department of ,agriculture2 7,c7 the ,department of ,commerce2 7,d7 the ,department of the ,interior2 7,e7 the ,federal ,trade ,commission2 7,f7 the ,national ,economic ,council2 and 7,g7 the ,office of ,science and ,technology ,policy4 7#d7 ,form #dgg ,the term ,form #dgg means ,form #dgg of the ,commission relating to local telephone competition and broadband reporting4 7#e7 ,national broadband map ,the term ,national ,broadband ,map means the map developed and maintained by the ,commission with respect to the availability of broadband internet access service4 7#f7 ,propagation model ,the term propagation model means an empirical mathematical formulation for the characterization of radio wave propagation as a function of frequency1 distance1 and other conditions4 7#g7 ,provider ,the term provider means a provider of broadband internet access service4 7#h7 ,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#i7 ,standard broadband installation ,the term standard broadband installation-- 7,a7 means the initiation of new wireline 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 service that requires only routine installation that can be completed not later than #aj business days after the date on which the service request is submitted4 7#aj7 ,state ,the term ,state has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 #c4 ,new data submission and public feedback processes 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall issue a rule to establish-- 7#a7 a reporting requirement under which each provider shall1 not less frequently than biannually1 submit to the ,commission accurate and granular information regarding the geographic availability of broadband internet access service provided by the provider2 and 7#b7 a framework for an ongoing challenge process through which a provider or a member of the public may submit information challenging the accuracy of the information reflected on the ,national ,broadband ,map4 7b7 ,reporting requirement conditions ,the reporting requirement established by the ,commission under subsection 7a77#a7 shall-- 7#a7 require information regarding the service area of each provider to be-- 7,a7 submitted in shapefile format1 or another geospatial format as the ,commission may prescribe1 to achieve the level of reporting specificity required under paragraph 7#b7 of this subsection2 and 7,b7 before making each submission required under subsection 7a77#a71 certified-- 7i7 as adhering to such reporting standards as the ,commission may prescribe2 7ii7 on a form to be prescribed by the ,commission2 and 7iii7 by an officer of the provider2 7#b7 allow for an understanding by the ,commission and the general public of speeds and service delivery types of broadband internet access service that are available through-- 7,a7 a standard broadband installation for fixed wireline services2 and 7,b7 standardized and tested propagation models with respect to-- 7i7 fixed wireless and satellite services2 and 7ii7 mobile services1 with defined factors for signal strength1 cell edge probability1 and cell loading2 7#c7 define uniform mandatory standards for the reporting of broadband internet access service coverage for each delivery type with respect to broadband internet access service in order to-- 7,a7 ensure the accuracy and granularity of the data submitted2 and 7,b7 require each provider to employ consistent reporting methods across all ,states in which the provider provides service2 7#d7 update or replace the ,form #dgg broadband deployment service availability data collection process of the ,commission2 and 7#e7 eliminate all duplicative reporting requirements and procedures regarding the availability of broadband internet access service that are in existence as of the date on which the ,commission establishes the requirement4 7c7 ,challenge process conditions ,the framework for the challenge process established by the ,commission under subsection 7a77#b7 shall include an ongoing schedule for the periodic-- 7#a7 receipt1 analysis1 and resolution of feedback received through the process2 and 7#b7 updating of the ,national ,broadband ,map1 which shall be completed-- 7,a7 in an expeditious manner2 and 7,b7 in response to the feedback described in paragraph 7#a74 7d7 ,national ,broadband ,map 7#a7 ,in general ,subject to feedback received through the challenge process1 the framework for which is established under subsection 7a77#b71 a ,federal agency shall use the ,national ,broadband ,map to determine-- 7,a7 the extent of the availability of broadband internet access service2 and 7,b7 the areas of the ,united ,states that remain unserved by providers4 7#b7 ,challenge notice of opportunity ,before awarding funding that supports the development of broadband internet access services and that is based on the information reflected on the ,national ,broadband ,map1 a ,federal agency shall provide notice of an opportunity for public feedback to challenge or update the information on the map that-- 7,a7 aligns with the schedule established under subsection 7c72 or 7,b7 provides a separate public feedback opportunity under rules that may be established by the ,federal agency4 #d4 ,data validation and submission assistance 7a7 ,selected provider 7#a7 ,selection of provider 7,a7 ,in general ,the ,commission shall use competitive procedures to enter into a contract with an entity to provide the services described in paragraph 7#b74 7,b7 ,commission discretion ,the ,commission may-- 7i7 determine-- 7,i7 the period in which an entity selected under subparagraph 7,a7 shall serve in that capacity2 and 7,,ii7 whether to grant an extension with respect to the period described in subclause 7i71 including the length of that extension2 and 7ii7 with respect to the contract described in subparagraph 7,a71 include-- 7,i7 a provision relating to liquidated damages2 and 7,,ii7 any other reasonable provision to ensure that the contract is sound and enforceable4 7#b7 ,responsibilities ,subject to section #ajf7;h77#b7 of the ,broadband ,data ,improvement ,act 7#dg ,u4,s4,c4 #acjd7;h77#b771 the entity selected under paragraph 7#a7 shall1 in consultation with1 and under the supervision of1 the ,commission-- 7,a7 provide-- 7i7 geographic information system data processing assistance to providers that require that assistance in order to comply with the reporting requirements established by the ,commission under section #c7;a77#a72 7ii7 support for the facilitation of the challenge process1 the framework for which is established by the ,commission under section #c7;a77#b72 and 7iii7 independent data validation services1 including in-field verification of the availability of broadband internet access service reported by providers1 to the ,commission to ensure the accuracy and continual refinement of the ,national ,broadband ,map2 7,b7 execute data-sharing agreements1 as may be requested1 with providers to facilitate the exchange of information needed to create shapefiles1 or any other such depiction as the ,commission may prescribe1 of the availability of broadband internet access service for the purposes of carrying out subsection 7d72 7,c7 analyze the information exchanged under subparagraph 7,b7 to produce depictions of the availability of fixed broadband internet access service and mobile broadband internet access service in compliance with the requirements established under section #c7;a77#a71 for any providers that are eligible for the assistance described in subparagraph 7,a77i72 7,d7 provide the depictions of service availability under subparagraph 7,c7 to the ,commission for-- 7i7 the internal use of the ,commission2 and 7ii7 incorporation in the ,national ,broadband ,map2 7,e7 support collaboration between the ,commission and other ,federal agencies to-- 7i7 track1 map1 and validate how funds made available through ,federal grants1 loans1 or other financial awards or incentives for the development of broadband infrastructure have been expended to improve the availability of broadband internet access service2 and 7ii7 ensure transparency and accountability with respect to the expenditures described in clause 7i71 taking into account existing accountability measures1 such as requiring the deployment of broadband infrastructure to be reported on a geocoded or other location-specific basis2 7,f7 develop and implement an online mechanism to be integrated into the ,national ,broadband ,map1 which shall solicit and collect feedback submitted by the public and providers through the challenge process1 the framework for which is established under section #c7;a77#b72 and 7,g7 in consultation with the ,commission1 establish an ongoing data validation and verification process1 including selective in-person field validation activities1 that shall-- 7i7 be guided by intelligence collected through the receipt of public feedback1 the acquisition and analysis of third-party datasets1 or other methods the entity may develop2 and 7ii7 advise the ,commission regarding the continual refinement of the ,national ,broadband ,map4 7b7 ,public comment required ,with respect to the selection of an entity under subsection 7a71 the ,commission shall seek comment from the public1 providers1 and other relevant stakeholders regarding the experience and capabilities of organizations that are qualified to be so selected4 7c7 ,termination for cause2 selection of new entity 7#a7 ,in general ,the ,commission may1 by order1 terminate for cause an entity selected under subsection 7a74 7#b7 ,new entity ,if the ,commission issues a termination order under paragraph 7#a77;,a71 the ,commission shall1 not later than #abj days after the date on which the ,commission issues that order1 select a new qualified entity to carry out subsection 7a7 in the same manner as provided in that subsection1 including by seeking comment as provided in subsection 7b74 7d7 ,provider request for assistance 7#a7 ,in general ,the ,commission shall implement a process through which a provider may request geographic information system data processing assistance from the entity selected under subsection 7a74 7#b7 ,conditions for approval ,the entity selected under subsection 7a7 shall grant a request for assistance submitted by a provider under paragraph 7#a7-- 7,a7 if the provider has more than #ajj1jjj broadband connections-- 7i7 upon a demonstration of need by the provider2 and 7ii7 after review and approval by the ,commission2 and 7,b7 if the provider has not more than #ajj1jjj broadband connections1 automatically1 subject to the availability of funds4 7e7 ,no regulatory authority ,nothing in this section may be construed to grant an entity selected under subsection 7a7 any regulatory jurisdiction with respect to1 or oversight authority over1 providers or information technology4 #e4 ,enforcement 7a7 ,in general ,it shall be unlawful for a person to willfully and knowingly submit information or data under this ,act that is inaccurate with respect to the availability of broadband internet access service4 7b7 ,penalty ,any person that violates subsection 7a7 shall be subject to an appropriate penalty1 as determined by the ,commission1 under-- 7#a7 the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq471 including section #eja of that ,act 7#dg ,u4,s4,c4 #eja72 and 7#b7 the rules of the ,commission4 #f4 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission to carry out this ,act the following amounts3 7#a7 7,a7 ,for fiscal year #bjbj1 #ee1jjj1jjj1 not less than #cd1ejj1jjj of which shall be made available to carry out section #d4 7,b7 ,the amounts made available under subparagraph 7,a7 shall remain available until expended4 7#b7 7,a7 ,for each of fiscal years #bjba through #bjbf1 #ej1jjj1jjj1 not less than #bi1ejj1jjj of which shall be made available in each such fiscal year to carry out section #d4 7,b7 ,the amounts made available under subparagraph 7,a7 shall remain available until expended4