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. 

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