47 U.S.C. § 642 — Broadband maps

Page 346 TITLE 47—TELECOMMUNICATIONS § 642 tion 8.1(b) of title 47, Code of Federal Regula- tions, or any successor regulation. (2) Broadband map The term ‘‘Broadband Map’’ means the map created by the Commission under section 642(c)(1)(A) of this title. (3) 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 cell. (4) Cell loading The term ‘‘cell loading’’ means the percent- age of the available air interface resources of a base station that are used by consumers with respect to broadband internet access service. (5) Clutter The term ‘‘clutter’’ means a natural or man- made surface feature that affects the propaga- tion of a signal from a base station. (6) Fabric The term ‘‘Fabric’’ means the Broadband Serviceable Location Fabric established under section 642(b)(1)(B) of this title. (7) Form 477 The term ‘‘Form 477’’ means Form 477 of the Commission relating to local telephone com- petition and broadband reporting. (8) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given the term ‘‘Indian tribe’’ in section 5304 of title 25. (9) 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 (WC Docket No. 10–90; WT Docket No. 10–208). (10) Propagation model The term ‘‘propagation model’’ means a mathematical formulation for the character- ization of radio wave propagation as a func- tion of frequency, distance, and other condi- tions. (11) Provider The term ‘‘provider’’ means a provider of fixed or mobile broadband internet access service. (12) Quality of service The term ‘‘quality of service’’ means, with respect to broadband internet access service, the download and upload speeds (and, for rel- evant services, latency) with respect to that service, as determined by, and to the extent otherwise collected by, the Commission. (13) Shapefile The term ‘‘shapefile’’ means a digital stor- age format containing geospatial or location- based data and attribute information— (A) regarding the availability of broadband internet access service; and (B) that can be viewed, edited, and mapped in geographic information system software. (14) Standard broadband installation The term ‘‘standard broadband installa- tion’’— (A) means the initiation by a provider of fixed broadband internet access service in an area in which the provider has not pre- viously offered that service, with no charges or delays attributable to the extension of the network of the provider; and (B) includes the initiation of fixed broadband internet access service through routine installation that can be completed not later than 10 business days after the date on which the service request is submitted. (June 19, 1934, ch. 652, title VIII, § 801, as added Pub. L. 116–130, § 2, Mar. 23, 2020, 134 Stat. 228.) § 642. Broadband maps (a) Rules (1) In general Not later than 180 days after March 23, 2020, the Commission shall issue final rules that shall— (A) require the biannual collection and dis- semination of granular data, as determined by the Commission— (i) relating to the availability and qual- ity of service with respect to terrestrial fixed, fixed wireless, satellite, and mobile broadband internet access service; and (ii) that the Commission shall use to compile the maps created under subsection (c)(1) (referred to in this section as ‘‘cov- erage maps’’), which the Commission shall make publicly available; and (B) establish— (i) processes through which the Commis- sion can verify the accuracy of data sub- mitted under subsection (b)(2); (ii) processes and procedures through which the Commission, and, as necessary, other entities or individuals submitting non-public or competitively sensitive in- formation under this subchapter, can pro- tect the security, privacy, and confiden- tiality of that non-public or competitively sensitive information, including— (I) information contained in the Fab- ric; (II) the dataset created under sub- section (b)(1)(A) supporting the Fabric; and (III) the data submitted under sub- section (b)(2); (iii) the challenge process described in subsection (b)(5); and (iv) the process described in section 644(b) of this title. (2) Other data In issuing the rules under paragraph (1), the Commission shall develop a process through which the Commission can collect verified data for use in the coverage maps from— Page 347 TITLE 47—TELECOMMUNICATIONS § 642 (A) State, local, and Tribal governmental entities that are primarily responsible for mapping or tracking broadband internet ac- cess service coverage for a State, unit of local government, or Indian Tribe, as appli- cable; (B) third parties, if the Commission deter- mines that it is in the public interest to use such data in— (i) the development of the coverage maps; or (ii) the verification of data submitted under subsection (b); and (C) other Federal agencies. (3) Updates The Commission shall revise the rules issued under paragraph (1) to— (A) reflect changes in technology; (B) ensure the accuracy of propagation models, as further provided in subsection (b)(3); and (C) improve the usefulness of the coverage maps. (b) Content of rules (1) Establishment of a Serviceable Location Fabric regarding fixed broadband (A) Dataset (i) In general The Commission shall create a common dataset of all locations in the United States where fixed broadband internet ac- cess service can be installed, as deter- mined by the Commission. (ii) Contracting (I) In general Subject to subclauses (II) and (III), the Commission may contract with an entity with expertise with respect to geo- graphic information systems (referred to in this subsection as ‘‘GIS’’) to create and maintain the dataset under clause (i). (II) Application of the Federal Acquisi- tion Regulation A contract into which the Commission enters under subclause (I) shall in all re- spects comply with applicable provisions of the Federal Acquisition Regulation. (III) Limitations With respect to a contract into which the Commission enters under subclause (I)— (aa) the entity with which the Com- mission enters into the contract shall be selected through a competitive bid process that is transparent and open; and (bb) the contract shall be for a term of not longer than 5 years, after which the Commission may enter into a new contract— (AA) with an entity, and for the purposes, described in clause (i); and (BB) that complies with the re- quirements under subclause (II) and this subclause; and (cc) the contract shall— (AA) prohibit the entity described in item (aa) from selling, leasing, or otherwise disclosing for monetary consideration any personally identi- fiable information to any other enti- ty other than for purposes authorized under this subchapter; and (BB) require the entity described in item (aa) to include in any contract with any other entity a provision that prohibits that other entity from engaging in an action that is prohib- ited under subitem (AA). (B) Fabric The rules issued by the Commission under subsection (a)(1) shall establish the Broadband Serviceable Location Fabric, which shall— (i) contain geocoded information for each location identified under subpara- graph (A)(i); (ii) serve as the foundation upon which all data relating to the availability of fixed broadband internet access service collected under paragraph (2)(A) shall be reported and overlaid; (iii) be compatible with commonly used GIS software; and (iv) at a minimum, be updated every 6 months by the Commission. (C) Implementation priority The Commission shall prioritize imple- menting the Fabric for rural and insular areas of the United States. (D) Availability of census data The Secretary of Commerce shall submit to the Commission, for inclusion in the Fab- ric, a count of the aggregate number of hous- ing units in each census block, as collected by the Bureau of the Census. (2) Collection of information The rules issued by the Commission under subsection (a)(1) shall include uniform stand- ards for the reporting of broadband internet access service data that the Commission shall collect— (A) from each provider of terrestrial fixed, fixed wireless, or satellite broadband inter- net access service, which shall include data that— (i) documents the areas where the pro- vider— (I) has actually built out the broadband network infrastructure of the provider such that the provider is able to provide that service; and (II) could provide that service, as de- termined by identifying where the pro- vider is capable of performing a standard broadband installation, if applicable; (ii) includes information regarding download and upload speeds, at various thresholds established by the Commission, and, if applicable, latency with respect to broadband internet access service that the provider makes available; (iii) can be georeferenced to the GIS data in the Fabric; Page 348 TITLE 47—TELECOMMUNICATIONS § 642 (iv) the provider shall report as— (I) with respect to providers of fixed wireless broadband internet access serv- ice— (aa) propagation maps and propaga- tion model details that— (AA) satisfy standards that are similar to those applicable to pro- viders of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, tak- ing into account material differences between fixed wireless and mobile broadband internet access service; and (BB) reflect the speeds and latency of the service provided by the pro- vider; or (bb) a list of addresses or locations that constitute the service area of the provider, except that the Commis- sion— (AA) may only permit, and not re- quire, a provider to report the data using that means of reporting; and (BB) in the rules issued under sub- section (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and (II) with respect to providers of terres- trial fixed and satellite broadband inter- net access service— (aa) polygon shapefiles; or (bb) a list of addresses or locations that constitute the service area of the provider, except that the Commis- sion— (AA) may only permit, and not re- quire, a provider to report the data using that means of reporting; and (BB) in the rules issued under sub- section (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and (v) the Commission determines is appro- priate with respect to certain technologies in order to ensure that the Broadband Map is granular and accurate; and (B) from each provider of mobile broadband internet access service, which shall include propagation maps and propaga- tion model details that indicate the current (as of the date on which the information is collected) fourth generation Long-Term Evo- lution (commonly referred to as ‘‘4G LTE’’) mobile broadband internet access service coverage of the provider, which shall— (i) take into consideration the effect of clutter; and (ii) satisfy— (I) the requirements of having— (aa) a download speed of not less than 5 megabits per second and an upload speed of not less than 1 megabit per second with a cell edge probability of not less than 90 percent; and (bb) cell loading of not less than 50 percent; and (II) any other parameter that the Com- mission determines to be necessary to create a map under subsection (c)(1)(C) that is more precise than the map pro- duced as a result of the submissions under the Mobility Fund Phase II infor- mation collection. (3) Update of reporting standards for mobile broadband internet access service For the purposes of paragraph (2)(B), if the Commission determines that the reporting standards under that paragraph are insuffi- cient to collect accurate propagation maps and propagation model details with respect to future generations of mobile broadband inter- net access service technologies, the Commis- sion shall immediately commence a rule mak- ing to adopt new reporting standards with re- spect to those technologies that— (A) shall be the functional equivalent of the standards required under paragraph (2)(B); and (B) allow for the collection of propagation maps and propagation model details that are as accurate and granular as, or more accu- rate and granular than, the maps and model details collected by the Commission under paragraph (2)(B). (4) Certification and verification With respect to a provider that submits in- formation to the Commission under paragraph (2)— (A) the provider shall include in each sub- mission a certification from a corporate offi- cer of the provider that the officer has exam- ined the information contained in the sub- mission and that, to the best of the officer’s actual knowledge, information, and belief, all statements of fact contained in the sub- mission are true and correct; and (B) the Commission shall verify the accu- racy and reliability of the information in ac- cordance with measures established by the Commission. (5) Challenge process (A) In general In the rules issued under subsection (a), and subject to subparagraph (B), the Com- mission shall establish a user-friendly chal- lenge process through which consumers, State, local, and Tribal governmental enti- ties, and other entities or individuals may submit coverage data to the Commission to challenge the accuracy of— (i) the coverage maps; (ii) any information submitted by a pro- vider regarding the availability of broadband internet access service; or (iii) the information included in the Fab- ric. (B) Considerations; verification; response to challenges In establishing the challenge process re- quired under subparagraph (A), the Commis- sion shall— (i) consider— (I) the types of information that an en- tity or individual submitting a challenge Page 349 TITLE 47—TELECOMMUNICATIONS § 642 should provide to the Commission in support of the challenge; (II) the appropriate level of granu- larity for the information described in subclause (I); (III) the need to mitigate the time and expense incurred by, and the administra- tive burdens placed on, entities or indi- viduals in— (aa) challenging the accuracy of a coverage map; and (bb) responding to challenges de- scribed in item (aa); (IV) the costs to consumers and pro- viders resulting from a misallocation of funds because of a reliance on outdated or otherwise inaccurate information in the coverage maps; (V) any lessons learned from the chal- lenge process established under Mobility Fund Phase II, as determined from com- ments solicited by the Commission; and (VI) the need for user-friendly chal- lenge submission formats that will pro- mote participation in the challenge proc- ess; (ii) include a process for verifying the data submitted through the challenge process in order to ensure the reliability of that data; (iii) allow providers to respond to chal- lenges submitted through the challenge process; and (iv) develop an online mechanism, which— (I) shall be integrated into the cov- erage maps; (II) allows for an entity described in subparagraph (A) to submit a challenge under the challenge process; (III) makes challenge data available in both geographic information system and non-geographic information system for- mats; and (IV) clearly identifies the areas in which broadband internet access service is available, and the upload and download speeds at which that service is available, as reported to the Commission under this section. (C) Use of challenges The rules issued to establish the challenge process under subparagraph (A) shall in- clude— (i) a process for the speedy resolution of challenges, which shall require that the Commission resolve a challenge not later than 90 days after the date on which a final response by a provider to a challenge to the accuracy of a map or information described in subparagraph (A) is complete; and (ii) a process for the regular and expedi- tious updating of the coverage maps and granular data disseminated by the Com- mission as challenges are resolved. (D) Report to Congress Not earlier than 1 year, and not later than 18 months, after the date on which the rules issued under subsection (a)(1) take effect, the Commission shall, after an opportunity for notice and comment, submit to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Energy and Commerce of the House of Rep- resentatives a report that— (i) evaluates the challenge process de- scribed in subparagraph (A); and (ii) considers whether the Commission should commence an inquiry on the need for other tools to help— (I) identify potential inaccuracies in the data relating to broadband internet access service that providers report; and (II) improve the accuracy of the data described in subclause (I). (6) Reform of Form 477 process (A) In general Not later than 180 days after the date on which the rules issued under subsection (a) take effect, the Commission shall— (i) reform the Form 477 broadband de- ployment service availability collection process of the Commission— (I) to achieve the purposes of this sub- chapter; and (II) in a manner that— (aa) enables the comparison of data and maps produced before the imple- mentation of this subchapter with data and coverage maps produced after the implementation of this subchapter; and (bb) maintains the public avail- ability of data relating to the deploy- ment of broadband internet access service; and (ii) harmonize reporting requirements and procedures regarding the deployment of broadband internet access service that are in effect on the day before the date on which the rules issued under subsection (a)(1) take effect with those requirements and procedures in those rules. (B) Continued collection and reporting On and after the date on which the Com- mission carries out subparagraph (A), the Commission shall continue to collect and publicly report subscription data that the Commission collected through the Form 477 broadband deployment service availability process, as in effect on July 1, 2019. (7) Sharing data with NTIA The Commission shall establish a process to make the data collected under paragraph (2) available to the National Telecommunications and Information Administration. (c) Maps The Commission shall— (1) after consultation with the Federal Geo- graphic Data Committee established under section 2802(a) of title 43, create— (A) the Broadband Map, which shall de- pict— (i) the extent of the availability of broadband internet access service in the United States, without regard to whether Page 350 TITLE 47—TELECOMMUNICATIONS § 643 that service is fixed broadband internet ac- cess service or mobile broadband internet access service, which shall be based on data collected by the Commission from all providers; and (ii) the areas of the United States that remain unserved by providers; (B) a map that depicts the availability of fixed broadband internet access service, which shall be based on data collected by the Commission from providers under subsection (b)(2)(A); and (C) a map that depicts the availability of mobile broadband internet access service, which shall be based on data collected by the Commission from providers under subsection (b)(2)(B); (2) after creating the maps under paragraph (1), use such maps— (A) to determine the areas in which terres- trial fixed, fixed wireless, mobile, and sat- ellite broadband internet access service is and is not available; and (B) when making any new award of funding with respect to the deployment of broadband internet access service intended for use by residential and mobile customers; (3) update the maps created under paragraph (1) not less frequently than biannually using the most recent data collected from providers under subsection (b)(2); (4) consult with— (A) the Secretary of Agriculture to enable the Secretary of Agriculture to consult the maps created under paragraph (1) when con- sidering the awarding of funds for the de- ployment of broadband internet access serv- ice under any program administered by the Administrator of the Rural Utilities Service; and (B) the National Telecommunications and Information Administration to enable the Administration to consult the maps created under paragraph (1) when considering the awarding of funds for the deployment of broadband internet access service under any future program administered by the Admin- istration; (5) make available to any Federal agency, upon request, the maps created under para- graph (1); and (6) make public, including on a publicly available website, at an appropriate level of granularity— (A) the maps created under paragraph (1); and (B) the data collected by the Commission with respect to the availability of broadband internet access service and the quality of service with respect to broadband internet access service. (d) Delayed effective date for quality of service rules Any requirement of a rule issued under sub- section (a)(1) that relates to quality of service shall take effect not earlier than the date that is 180 days after the date on which the Commis- sion issues that rule. (June 19, 1934, ch. 652, title VIII, § 802, as added Pub. L. 116–130, § 2, Mar. 23, 2020, 134 Stat. 229; amended Pub. L. 117–58, div. F, title I, §§ 60102(h)(2)(E)(i), 60103(d)(1), (e), Nov. 15, 2021, 135 Stat. 1198, 1205.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(1)(D). Pub. L. 117–58, § 60103(d)(1), added subpar. (D). Subsec. (b)(5)(C)(i). Pub. L. 117–58, § 60102(h)(2)(E)(i), substituted ‘‘challenges, which shall require that the Commission resolve a challenge not later than 90 days after the date on which a final response by a provider to a challenge to the accuracy of a map or information described in subparagraph (A) is complete’’ for ‘‘chal- lenges’’. Subsec. (c)(6). Pub. L. 117–58, § 60103(e), inserted ‘‘, including on a publicly available website,’’ after ‘‘make public’’ in introductory provisions. Directory language amending ‘‘the matter preceding paragraph (6)’’ was executed as if it had referred to the matter preceding subpar. (A), to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries DATA MAPPING TO SAVE MOMS’ LIVES Pub. L. 117–247, Dec. 20, 2022, 136 Stat. 2347, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Data Mapping to Save Moms’ Lives Act’. ‘‘SEC. 2. MAPPING BROADBAND CONNECTIVITY AND MATERNAL HEALTH OUTCOMES. ‘‘(a) INCORPORATION OF MATERNAL MORTALITY AND SE- VERE MATERNAL MORBIDITY DATA.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2022], the Federal Communications Commission shall incorporate publicly available data on maternal mortality and severe maternal morbidity, including for not less than 1 year postpartum, into the Mapping Broadband Health in America platform of the Commis- sion. ‘‘(b) CONSULTATION WITH CDC.—The Federal Commu- nications Commission shall consult with the Director of the Centers for Disease Control and Prevention re- garding the maternal mortality and severe maternal morbidity data that should be incorporated under sub- section (a).’’ IMPLEMENTATION For requirement to implement amendment made by section 60102(h)(2)(E)(i) of Pub. L. 117–58 as soon as pos- sible after Nov. 15, 2021, see section 1702(h)(2)(E)(iii) of this title. § 643. Enforcement It shall be unlawful for an entity or individual to willfully and knowingly, or recklessly, sub- mit information or data under this subchapter that is materially inaccurate or incomplete with respect to the availability of broadband internet access service or the quality of service with re- spect to broadband internet access service. (June 19, 1934, ch. 652, title VIII, § 803, as added Pub. L. 116–130, § 2, Mar. 23, 2020, 134 Stat. 236.) § 644. Improving data accuracy (a) Audits The Commission shall conduct regular audits of information submitted to the Commission by providers under section 642(b)(2) of this title to ensure that the providers are complying with this subchapter.