Establishing the Digital Opportunity Data Collection; Modernizing the FCC Form 477 Data Program, 50886-50910 [2020-17633]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
[Unknown Section]
[Pages 50886-50910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17633]



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Vol. 85

Tuesday,

No. 160

August 18, 2020

Part II





Federal Communications Commission





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47 CFR Part 1





Establishing the Digital Opportunity Data Collection; Modernizing the 
FCC Form 477 Data Program; Final and Proposed Rules

Federal Register / Vol. 85, No. 160 / Tuesday, August 18, 2020 / 
Final Rule

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WC Docket Nos. 11-10 and 19-195; FCC 20-94; FRS 16994]


Establishing the Digital Opportunity Data Collection; Modernizing 
the FCC Form 477 Data Program

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, a Second Report and Order adopted by the 
Commission establishes important measures for developing improved 
broadband data, including requiring fixed wireline and satellite 
providers to submit shapefiles, or lists of addresses or locations, 
representing where they have customers or could install service within 
10 business days of a request; requiring terrestrial fixed wireless 
providers to report their coverage areas based on propagation maps and 
models using prescribed parameters, or based on lists of addresses or 
locations, to define their specific coverage areas; requiring all fixed 
providers to provide details on the methodology used to determine their 
reported coverage; and requiring mobile providers to submit coverage 
maps and propagation model details based on minimum specified 
parameters and to disclose other assumptions underlying the models. In 
addition, the Second Report and Order includes a provision for the 
Commission to establish a common dataset of all locations in the United 
States where fixed broadband service can be installed--known as the 
``Broadband Serviceable Location Fabric.'' The Second Report and Order 
also adopts processes for verifying the accuracy of providers' 
broadband data, including the collection of crowdsourced data and the 
use of regular audits to examine provider data.

DATES: Effective September 17, 2020.

FOR FURTHER INFORMATION CONTACT: Wireline Competition Bureau, Kirk 
Burgee, at (202) 418-1599, [email protected], or Wireless 
Telecommunications Bureau, Garnet Hanly, at (202) 418-0995, 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order in WC Docket Nos. 11-10 and 19-195, FCC 20-94, adopted 
July 16, 2020 and released July 17, 2020. The full text of this 
document is available for public inspection on the Commission's website 
at https://docs.fcc.gov/public/attachments/FCC-20-94A1.pdf.

Synopsis

I. Introduction

    1. Closing the digital divide and connecting every American to 
broadband no matter where he or she lives is the Commission's highest 
priority. But to bring broadband to every unserved part of the country 
means knowing where broadband is available, and where it is not. The 
Commission has made significant advances in bringing broadband to areas 
that the Commission's current data show are wholly unserved. To 
maintain that momentum, the Commission needs more granular, precise 
maps that will allow it to target support to Americans living in those 
areas where some, but not all, have access. Accurate and precise 
broadband maps are of enormous importance not only to the Commission, 
but also other federal policy makers, state policy makers, and 
consumers alike. This action follows the pivotal step the Commission 
took in 2019 when it adopted the Digital Opportunity Data Collection, 
laying out a three-pronged approach to developing a nationwide 
broadband map that will have unprecedented detail: internet service 
providers, who have the most intimate knowledge of where their networks 
reach, provide granular and detailed coverage data; that coverage data 
is compared against a fabric of locations that are, or could be, 
serviced by a broadband connection; and consumers, plus state, local, 
and Tribal government entities, provide feedback on the accuracy of the 
broadband coverage data directly to the Commission.
    2. Congress has likewise recognized that accurate and granular maps 
are essential to closing the digital divide. Congress passed the 
Broadband DATA Act in March 2020, largely codifying the Commission's 
overall approach to the Digital Opportunity Data Collection. The 
Broadband DATA Act requires the Commission, among other things, to 
issue final rules for collecting granular data from providers on the 
availability and quality of broadband internet access service, to 
create publicly available coverage maps, to establish processes for 
members of the public and other entities to challenge and verify the 
coverage maps, and to create a common dataset of all locations where 
fixed broadband internet access service can be installed.
    3. This Second Report and Order takes the next step in developing 
the new broadband coverage maps by adopting specific coverage reporting 
and disclosure requirements for fixed and mobile broadband providers, 
filing and certification requirements, measures for determining the 
accuracy of broadband availability data (including audits and 
collecting crowdsourced data), standards for collecting and 
incorporating verified data for use in the coverage maps from 
governmental entities and certain third parties, and establishing the 
Broadband Serviceable Location Fabric (Fabric). In the Third Further 
Notice of Proposed Rulemaking (Third FNPRM), published elsewhere in 
this issue of the Federal Register, the Commission also seeks comment 
on several narrow issues relating to implementing the challenge and 
verification processes for coverage data, implementing the Fabric, and 
certain other specific requirements of the Broadband DATA Act outside 
the scope of the Digital Opportunity Data Collection Order and Further 
NPRM (84 FR 43705, Aug. 21, 2019, and 84 FR 43764, Aug. 21, 2019).

II. Background

    4. The Commission's prior work collecting information about 
broadband availability has a lengthy history beginning in 2000 with FCC 
Form 477, originally a collection of subscription and connection data 
for local telephone and broadband services. The Commission's broadband 
data collection efforts evolved over time, and in 2013 the Commission 
adopted the current Form 477 requirement that fixed service providers 
report a list of census blocks in which they provide access to 
broadband. That block-level reporting, while imperfect, was a valuable 
data source that allowed the Commission to identify the least-served 
parts of the country and was incorporated into many Commission 
proceedings and actions, including reporting to Congress and the public 
about the availability of broadband services, informing transaction 
reviews, and supporting the Commission's universal service policies. 
However, in 2017, the Commission recognized the need to collect and 
develop better quality, more useful, and more granular broadband 
deployment data to inform the Commission's policymaking.
    5. In August 2019, the Commission recognized ``a compelling and 
immediate need'' for better broadband deployment data, and adopted the 
Digital Opportunity Data Collection Order and Further NPRM that: (1) 
Established the Digital Opportunity Data Collection in order to obtain 
geospatial broadband coverage maps from fixed broadband providers; (2) 
adopted a

[[Page 50887]]

process to collect public input, commonly known as ``crowdsourcing,'' 
on the accuracy of fixed providers' broadband maps; and (3) made 
targeted changes to the existing Form 477 data collection to reduce 
reporting burdens for all filers and to incorporate new technologies. 
The Commission also indicated that it would pursue the development of a 
uniform national locations dataset on which provider deployment data 
could be overlaid to produce a highly accurate and precise picture of 
broadband deployment. The Digital Opportunity Data Collection Order and 
Further NPRM directed the Universal Service Administrative Company--the 
Administrator of the Commission's Universal Service Fund--under the 
oversight of the Commission's Office of Economics and Analytics (OEA), 
the Wireline Competition Bureau (WCB), the Wireless Telecommunications 
Bureau (WTB), and the International Bureau (IB), to develop the portal 
for collecting the broadband coverage maps from fixed providers as well 
as public input on the accuracy of the maps.
    6. At that time, the Commission also sought comment on: (1) The 
additional technical standards for fixed broadband providers that could 
ensure greater precision for the Digital Opportunity Data Collection 
deployment reporting; (2) the ways in which the Commission could 
incorporate crowdsourced and location-specific fixed broadband 
deployment data into the Digital Opportunity Data Collection; and (3) 
how the Commission could incorporate the collection of accurate, 
reliable mobile voice and broadband coverage data into the Digital 
Opportunity Data Collection.
    7. Following adoption of the Digital Opportunity Data Collection 
Order and Further NPRM, Congress passed the Broadband DATA Act, which 
requires the Commission to take steps to improve its broadband 
deployment data collection and the related maps documenting broadband 
availability in the United States. The Broadband DATA Act requires the 
Commission, within 180 days of its enactment, to issue final rules to: 
(1) Require the biannual collection and dissemination of granular data 
relating to the availability and quality of service of fixed and mobile 
broadband internet access service for the Commission to use in 
conjunction with creating broadband coverage maps; (2) establish 
processes for the Commission to verify and protect the data collected; 
(3) establish a process for collecting verified data for use in the 
coverage maps from State, local, and Tribal governmental entities, from 
other federal agencies, and, if the Commission deems it in the public 
interest, from third parties; (4) establish the Fabric to serve as a 
foundation on which fixed broadband availability is overlaid; (5) 
establish a user-friendly challenge process through which the public 
and State, local, and Tribal governmental entities can challenge the 
accuracy of the coverage maps, provider availability data, or 
information in the Fabric; and (6) develop a process through which 
entities or individuals in the United States may submit specific 
information about the deployment and availability of broadband internet 
access service in the United States on an ongoing basis. The Broadband 
DATA Act also requires that the Commission adopt rules that include 
uniform standards for reporting mobile and fixed broadband service 
availability data.
    8. Within 180 days of the effective date of those rules, the 
Commission also must reform the Form 477 broadband deployment 
collection in a manner that achieves the purposes of the Broadband DATA 
Act and that allows for the comparison of data produced before and 
after the implementation of the Broadband DATA Act's requirements. The 
Commission, after consulting with the Federal Geographic Data 
Committee, must create a map that depicts the extent and availability 
of broadband internet access service in the United States, without 
regard to whether the service is fixed or mobile, as well as the areas 
of the United States that remain unserved (the Broadband Map). The 
Commission also must create, in consultation with the Federal 
Geographic Data Committee, certain other coverage maps, which must 
depict the extent of availability of fixed and mobile broadband 
internet access services and the areas that remain unserved. The 
Commission must update the maps at least biannually and make them 
available to the public at an appropriate level of granularity and to 
other federal agencies upon request.

III. Second Report and Order

    9. Based on the record before us and consistent with the 
requirements of the Broadband DATA Act, in this Second Report and Order 
the Commission takes steps to implement collection and verification 
requirements for fixed and mobile broadband service availability and 
quality of service data. The Commission largely builds on the filing 
requirements it previously adopted or proposed for broadband service 
providers, and comments submitted in response to the Digital 
Opportunity Data Collection Order and Further NPRM. Many of the 
requirements and proposals are encompassed in the structure of the 
Broadband DATA Act. Indeed, Congress recognized the value of the 
Commission's earlier work on the Digital Opportunity Data Collection 
and provided that ``[i]f the Commission, before the date of enactment 
of this title, has taken an action that, in whole or in part, 
implements this title, the Commission shall not be required to revisit 
such action to the extent that such action is consistent with this 
title.''
    10. However, certain requirements adopted in the Digital 
Opportunity Data Collection Order and Further NPRM are inconsistent 
with the terms of the statute. For example, it established a role for 
USAC to develop and maintain the infrastructure for accepting and 
managing submissions from service providers, along with challenges and 
crowdsourced data from consumers, government entities, and other third 
parties, which the Broadband DATA Act prohibits. In addition, although 
the Commission lacks necessary funding to currently implement the 
Digital Opportunity Data Collection maps under the Broadband DATA Act, 
the Commission takes steps to complete the rulemaking required within 
the statutory deadline and in anticipation of receiving necessary 
funding in the future so that the Commission can begin developing these 
granular, precise broadband service availability maps as quickly as 
possible.
    11. In light of these and other minor inconsistencies, the 
Commission will not seek Paperwork Reduction Act approval for the part 
54 rules adopted in the Digital Opportunity Data Collection Order and 
Further NPRM. Instead, the Commission adopts certain measures to 
implement aspects of the Broadband DATA Act for which the Commission 
has no discretion or that are consistent with the Broadband DATA Act 
and for which the Commission has a sufficient record in this 
proceeding. The Commission also seeks comment in the Third FNPRM on how 
best to implement the remaining requirements in the Broadband DATA Act 
through a new set of rules in accordance with the 180-day timetable 
contemplated in the Act. The Commission intends to implement the 
remaining requirements of the Act in light of further comments received 
in response to the Third FNPRM. The Commission notes that the Act 
exempts this rulemaking from review of its information collection 
requirements under the Paperwork Reduction Act.

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A. Requirements for the Submission of Fixed Broadband internet Access 
Service Availability and Quality of Service Data

    12. The Commission requires providers of terrestrial fixed, fixed 
wireless, and satellite broadband internet access service to report 
availability and quality of service data that document the areas (1) 
where they have actually built out their broadband network 
infrastructure, such that they are able to provide service, and (2) 
where they could perform a standard broadband installation. In 
establishing these requirements, the Commission adopts and incorporates 
the Broadband DATA Act's definitions of ``broadband internet access 
service,'' ``propagation model,'' ``provider,'' ``quality of service,'' 
``shapefile,'' and ``standard broadband installation,'' which shall 
apply to the submission of the required data. All terrestrial fixed and 
satellite service providers must report either polygon shapefiles or 
lists of addresses or locations that constitute their service areas. 
The Commission further requires terrestrial fixed wireless providers to 
report either their shapefiles in the form of propagation maps and 
propagation model details that reflect the speeds and latency of their 
service, or a list of addresses or locations that reflect their service 
areas. All fixed providers must disclose the details of how they 
generated their coverage polygons or lists of addresses or locations 
when they submit them. In particular, the Commission requires providers 
to submit an explanation of the methodology or combination of 
methodologies used and how they implemented those methodologies, 
including the distances from aggregation points, to the extent 
relevant. The Commission will make such information publicly available, 
subject to individual requests for confidential treatment of this 
information.
    13. In the Digital Opportunity Data Collection Order and Further 
NPRM, the Commission required all fixed broadband service providers to 
submit ``granular coverage maps (polygons)'' of the areas where they 
have broadband-capable networks and can make service available to end-
user locations. The Commission explained that ``broadband coverage 
polygons,'' ``coverage polygons,'' and ``polygons'' as used in the 
Digital Opportunity Data Collection Order and Further NPRM refer to 
``broadband areas or footprints--captured in GIS-compatible formats--
delineating the areas in which a provider's network meets the 
requirements detailed in [the Digital Opportunity Data Collection Order 
and Further NPRM] and as defined by the Commission.'' The Digital 
Opportunity Data Collection Order and Further NPRM further required all 
fixed providers to submit broadband coverage polygons that reflect the 
maximum download and upload speeds available in each area, the 
technology used to provide the service, and a differentiation among 
residential-only, business-only, or residential-and-business broadband 
services. Service would be considered ``actually available'' in an area 
in which a provider had a current broadband connection or could provide 
such a connection within ten business days of a request, without an 
extraordinary commitment of resources and without construction charges 
or fees exceeding an ordinary service activation fee.
    14. The Broadband DATA Act takes a similar approach to fixed 
broadband service reporting, requiring the Commission's rules to 
provide uniform standards for the reporting of broadband internet 
access service data, including ``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,'' and that ``can be 
georeferenced to the GIS data in the Fabric . . . .'' Also, with regard 
to fixed broadband services, the data collected must document where the 
provider ``has actually built out network infrastructure . . . such 
that the provider is able to provide service; and [where it] could 
provide that service, as determined by where the provider is capable of 
performing a standard broadband installation . . . .'' The Broadband 
DATA Act defines a ``standard broadband installation'' as ``the 
initiation of service in an area in which the provider has not 
previously offered that service, with no charges or delays attributable 
to the extension of the network of the provider,'' as well as ``the 
initiation of fixed broadband internet access service through routine 
installation that can be completed not later than ten business days 
after the date on which the service request is submitted.''
    15. The Commission must further allow providers of terrestrial 
fixed and satellite service to report availability data in the form of 
polygon shapefiles, defined as ``a digital storage format containing 
geospatial or location-based data and attribute information regarding 
the availability of broadband internet access service[,] and that can 
be viewed, edited, and mapped in GIS software.'' With regard to data 
collected from terrestrial fixed wireless providers, the rules must 
provide for reporting propagation maps and propagation model details 
that satisfy standards similar to those applicable to mobile services, 
taking into account differences between the two types of services. The 
maps and model data reported for fixed wireless service must also 
reflect the speed and latency of the services they depict. For all 
fixed services, the Broadband DATA Act provides that the Commission 
also may permit, but not require, providers to report fixed broadband 
service availability using a ``list of addresses or locations'' in lieu 
of shapefiles or propagation maps and model details, but requires the 
Commission to provide a method for providers to use such address or 
location-based reporting in Tribal areas.
1. Maximum Buffers for Wireline Broadband Service Reporting
    16. The Digital Opportunity Data Collection Order and Further NPRM 
sought comment on whether to adopt additional reporting requirements 
for similarly-situated fixed wired providers in order to provide 
consistently reliable results. The Commission asked whether fixed 
``buffers,'' or a specified distance around network facilities such as 
the location of distribution or coaxial plant, should be established to 
define coverage for specific fixed technologies.
    17. The Commission adopts requirements for the use of specific 
maximum buffers around aggregation points for wired technologies. 
Specifically, for providers using Digital Subscriber Line (DSL) 
technologies to offer speeds at 25/3 Mbps or greater, the Commission 
adopts a maximum distance of 6,600 route feet from the DSLAM to the 
covered premises. For providers using Hybrid-Fiber Coax (HFC or cable) 
technology, the Commission adopts a maximum buffer of 12,000 route feet 
from the aggregation point to the customer premises. For providers 
using Fiber to the Premises (FTTP or fiber) technologies, the 
Commission adopts a maximum buffer of 196,000 route feet from the OLT 
to the Optical Network Termination (ONT). For all fixed wired 
technologies, the buffer distance from the aggregation point shall 
include the drop distance, up to a maximum distance of 500 feet from a 
deployed line or distribution network infrastructure to the parcel 
boundary of a served location. Providers that make fixed DSL service 
available at a maximum speed less than 25/3 Mbps in an area will not be 
subject to a maximum buffer requirement for such areas. However, these 
providers are still subject to the requirement of the

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Broadband DATA Act and this Second Report and Order that their coverage 
areas include only the areas where they have actually built out their 
broadband network infrastructure, such that they are able to provide 
service, and where they could perform a standard broadband 
installation. In addition, the buffer distances from the aggregation 
point are measured in route distance and therefore must reflect where 
providers have deployed their last-mile distribution networks. 
Providers may not simply create and submit a coverage area in the 
Digital Opportunity Data Collection that is an airline-mile radius 
around an aggregation point of the maximum buffer value. The Commission 
directs OEA, in coordination with WCB and OET, to update these values 
via notice and comment rulemaking in the future as necessary to ensure 
accuracy and to account for technological and other developments.
    18. The maximum buffers the Commission adopts here are, as the name 
implies, maximums. Wireline fixed broadband providers reporting service 
availability should not consider these maximum buffers safe harbors; 
rather, service providers may only report those areas they know to be 
serviceable by their networks. That is, if the locations that a 
provider can actually serve fall within a smaller distance from the 
aggregation point, either within a particular geographic area or 
throughout its network, then the provider should report only those 
smaller areas or set of locations. Providers must ensure that their 
polygons, the outer edges of which represent the outer perimeter of a 
service area, encompass only locations that meet the standards for 
service provision established in the Broadband DATA Act. The Commission 
expects that in many areas and under many varying conditions, a 
provider's actual maximum distance from the aggregation point to a 
served location would be lower than the maximum buffer. In such 
circumstances, the provider's coverage polygon must reflect the actual 
buffer size or other methodology used to generate the polygon that 
accurately depicts the area it serves. Providers may also use a 
different methodology than buffering around network plant to determine 
and depict their coverage areas. However, subject to the specific 
exceptions set forth below, locations included in a provider's coverage 
polygon may not be outside of the maximum buffers established by the 
Commission, irrespective of the methodology used by the provider.
    19. The approach the Commission adopts is consistent with those 
commenters that opposed a one-size-fits-all approach to buffers. 
Service providers may only report serving areas up to the maximum 
buffer distance to the extent that they have existing line or 
distribution network infrastructure located within 500 feet of the 
parcel boundary of the served location and where the provider can 
perform a standard broadband installation. In particular, the 
Commission agrees with Verizon that where service providers' business 
practices call for a smaller buffer than the maximum the Commission 
adopts for a given technology, the provider should use the smaller of 
the two. For those reasons, the Commission disagrees with the Broadband 
Mapping Coalition's proposal to establish ``safe harbors'' based on an 
appropriate buffer zone related to the density of a geographic area. 
Providing such safe harbors could permit some service providers to 
overstate the availability of their services and report areas served 
where they cannot actually provide service. The Commission believes 
that the use of maximum buffers will provide important guardrails and 
result in more accurate, standardized, and cohesive data on broadband 
availability by wired providers using fiber, cable, and DSL 
technologies, and therefore adopt the use of maximum buffers specific 
to each to account for the particular attributes of each technology.
    20. Further, several parties have expressed support for the 
approach the Commission adopts today for maximum buffers. With respect 
to buffer values for fiber, NTCA, USTelecom, NRECA, ACA Connects, and 
UTC argue that common provider deployment practices and industry 
technical standards provide the basis for a much larger maximum 
distance from the aggregation point for FTTP than for HFC or DSL. NTCA, 
NRECA, and UTC claim that ITU standards for Gigabit-capable passive 
optical network (GPON) technologies, as well Active Ethernet (AE) 
technology, allow for a maximum buffer of up to 60 km and that real-
world fiber deployments in rural areas are often at or above 45 km from 
the OLT to the ONT at the customer premises. The three parties support 
a maximum buffer, or distance from the aggregation point, of 60 km for 
fiber. USTelecom does not recommend a specific distance, but notes that 
several of its members have reported deploying FTTP to upwards of 
65,000 feet (or 20 km). The Commission agrees that industry technical 
standards and deployment practices, as explained in the record, provide 
a basis for adopting a significantly larger maximum buffer for fiber 
than for HFC or DSL, and the Commission therefore adopts a maximum 
distance of 60 route km from the aggregation point at the central 
office for fiber reporting. To ensure that coverage areas reflect where 
providers have actually deployed fiber plant that can be accessed by 
nearby locations, NTCA proposes that the boundary of each location 
shown to be served or within a provider's polygon coverage area be 
within 500 feet of a deployed fiber line or distribution network 
infrastructure. The Commission agrees with this proposal and adopt an 
equivalent requirement for all wireline technologies in the Digital 
Opportunity Data Collection. In addition, each location shown to be 
served or within a provider's polygon coverage area, if not already 
connected to the network, must be able to be connected within ten 
business days of a request.
    21. With respect to HFC networks, NCTA and ACA Connects encouraged 
the Commission not to adopt maximum buffers at this time. However, NCTA 
stated that if the Commission were to adopt a maximum buffer, it should 
be at least 12,000 route feet from the aggregation point in order to 
accurately reflect the construction and operation of HFC networks. NCTA 
argues that smaller buffers would lead to locations that are actually 
served to be shown as unserved, a concern shared by ACA Connects. For 
the reasons stated above, the Commission is adopting maximum buffers 
for HFC and other wired technologies. The Commission supports NCTA's 
proposed buffer distances and adopt a maximum distance of 12,000 route 
feet from the aggregation point for HFC networks, along with a maximum 
distance of 500 feet from a deployed line or distribution network 
infrastructure and the parcel boundary.
    22. With respect to DSL, the Commission's 2010 National Broadband 
Plan reported that DSL speeds exceeding 25/3 Mbps could be attained in 
a lab environment at a distance of 5,000 feet from the DSLAM using 
pair-bonded, vectored VDSL2/2+ on a heavy gauge wire. In addition, 
USTelecom claims that speeds of 25/3 Mbps are offered at 4,000 feet 
from the aggregation point using pair-bonded DSL technology. The 
Commission adopts a higher maximum buffer size of 6,600 route feet from 
the DSLAM for DSL providers to allow for variance between the actual 
practices of providers and those examples, along with a maximum of 
distance of 500 feet from a deployed line or distribution network 
infrastructure and the parcel

[[Page 50890]]

property. In addition, the 6,600-foot buffer for DSL is supported by 
NTCA. The maximum buffer requirement will not apply to reporting of DSL 
service at a maximum speed of less than 25/3 Mbps. Given that DSL 
speeds are highly dependent on the distance from the aggregation point 
and on the type of copper deployed in a way that the other technologies 
are not, lower-speed DSL services can be offered at greater distances 
along a large continuum. Adopting discrete buffer distances to account 
for different speeds levels for DSL services below 25/3 Mbps would 
introduce complexity and burden for providers of those services. Given 
that services offered at speeds below 25/3 Mbps are increasingly less 
common in the marketplace and are not the focus of the Commission's 
assessment of broadband availability for universal service funding and 
annual Broadband Progress Reports, the Commission finds that this 
additional burden would not be warranted and therefore exempt DSL 
services offered below 25/3 Mbps from buffers. All fixed providers, 
including DSL providers offering maximum speeds below 25/3 Mbps, are 
still subject to the requirement of the Broadband DATA Act and this 
Second Report and Order that their coverage areas include only the 
areas where they have actually built out their broadband network 
infrastructure, such that they are able to provide service, and where 
they could perform a standard broadband installation.
    23. The Commission also adopts several limited exceptions to the 
use of these maximum buffers to promote greater accuracy in the map. 
First, if a provider has a current subscriber at a location beyond the 
bounds of the applicable maximum buffer, then that location must be 
included in its coverage polygon or list of addresses or locations, as 
applicable. Second, if a provider previously had a broadband 
subscriber, using the same technology, at a location beyond the bounds 
of the maximum buffer, then the location must be included in the 
provider's coverage polygon or list of addresses or locations. Third, 
if a provider is receiving or has received universal service support to 
provide broadband service in a particular geographic area--or has other 
Federal, state, or local obligations to make service available in the 
area--and the provider has begun to make service available in that 
area, then the provider must include all of the deployed locations in 
that area in its polygon or list of addresses or locations, regardless 
of whether they are within or beyond the bounds of the maximum buffer. 
Finally, in cases where a provider asserts that it could serve a 
location beyond the bounds of the applicable maximum buffer for a 
reason not already addressed under the exceptions described herein, 
then the provider must submit a waiver request explaining where and how 
it provides service to such areas or locations.
2. Fixed Wireless Broadband Service Availability Reporting Standards
    24. The Commission also adopts standards for fixed wireless 
providers that report availability using propagation maps and 
propagation model details, as required by the Broadband DATA Act. The 
Broadband DATA Act requires that propagation maps and model details 
reported by fixed wireless providers: (1) Satisfy standards similar to 
those set for mobile broadband service, taking into account ``material 
differences'' between fixed and mobile services; and (2) reflect the 
speeds and latency of the service. In the Digital Opportunity Data 
Collection Order and Further NPRM, the Commission sought comment on a 
variety of issues associated with reporting coverage polygons for 
terrestrial fixed wireless broadband service. In particular, the 
Commission asked whether there are ``fundamental differences between 
fixed wireless and mobile technologies that would caution against using 
mobile wireless standards for fixed wireless deployment reporting 
(e.g., fixed wireless use of fixed, high-powered antennas that could 
result in a different link budget than for mobile service, or the use 
of unlicensed spectrum by some fixed wireless providers).'' The 
Commission further sought comment on whether, based on differences 
between mobile and terrestrial fixed services, it would be appropriate 
to adopt different standards or parameters for reporting, for example, 
a different probability of cell-edge throughput or utilization rate for 
unlicensed spectrum. The Commission also sought comment on factors it 
should use to validate the fixed wireless mapping methodology, 
identifying as possible examples ``cell-site and receive site 
engineering and technical details and locations, RF propagation 
characteristics, [and] signal strength.''
    25. In response to the Digital Opportunity Data Collection Order 
and Further NPRM, commenters argued that different standards should be 
used for fixed wireless given the technological, operational, and usage 
differences between the services. In addition, two parties, AT&T and 
WISPA, proposed frameworks for reporting fixed wireless coverage. 
Following passage of the Broadband DATA Act, USTelecom and WISPA 
submitted a joint proposal modifying earlier proposals. Specifically, 
USTelecom and WISPA urged the Commission to adopt a 50% loading factor 
for fixed broadband service coverage reporting, consistent with the 
loading factor established for mobile service by the Broadband DATA 
Act. USTelecom and WISPA, however, argued for the adoption of a 75% 
cell edge probability for fixed services, rather than the 90% cell edge 
probability established in the Broadband DATA Act for mobile broadband 
services. USTelecom and WISPA explained that ``[a] fixed wireless 
provider often controls the base station and receiver and thus can 
often customize an installation or adjust a radio to enable successful 
signal reception even when a model predicts only a 75% probability of 
success.'' USTelecom and WISPA contrast this with mobile wireless 
providers, who ``have no control over the location or movement of a 
user's phone and thus a higher probability is necessary to predict a 
consistent connection.''
    26. The Commission agrees with USTelecom and WISPA that there are 
fundamental similarities between mobile and fixed wireless service that 
warrant collecting common elements in the coverage reporting for each 
technology, but that certain differences warrant collecting different 
information, as contemplated by the Broadband DATA Act. Accordingly, 
given the material differences between the two types of service, as set 
out in the record, the Commission adopts some of the standards for 
fixed wireless broadband service reporting by propagation maps and 
models proposed by USTelecom and WISPA, including a 75% cell edge 
probability, a 50% cell loading factor, and a receiver height of four 
to seven meters. The Commission agrees with USTelecom and WISPA that 
given the stationary nature of fixed wireless customer installations 
and the ability to manage the base stations and receivers to maximize 
coverage at fixed locations, it is appropriate to adopt a lower cell 
edge probability than the Commission otherwise requires for mobile 
broadband coverage. In addition, fixed wireless propagation modeling 
appears to use the cell edge probability parameter in a different way 
than mobile, often having it reflect existing locations in a point-to-
point network configuration. Given these material differences and the 
inaccuracies that could potentially result from a higher cell edge 
probability for fixed wireless, the Commission adopts the 75% cell edge

[[Page 50891]]

parameter for the reporting of fixed wireless broadband availability 
using propagation maps and model details. In addition, the Commission 
adopts the use of a 50% cell loading factor, given that it is the value 
specified in the Broadband DATA Act for mobile and that there is no 
basis in the record for using a different standard for fixed wireless 
services. Finally, the Commission requires fixed wireless providers to 
use a receiver height value ranging from four to seven meters in their 
propagation modeling. USTelecom and WISPA claimed this range is 
reasonable for fixed wireless receiver heights and suggested that the 
Commission establish it. The Commission declines to adopt higher values 
for these elements of terrestrial fixed wireless reporting, as 
suggested by NTCA and Vantage Point. USTelecom and WISPA have 
demonstrated that fixed wireless broadband service providers' control 
over both the base stations and receivers in their networks affords 
them more opportunity to make adjustments and take other steps that 
will increase the likelihood of consistent connections as compared with 
mobile providers. NTCA and Vantage Point have not meaningfully 
challenged USTelecom and WISPA's position in their comments, nor have 
they provided a justification for imposing a higher loading factor on 
fixed service reporting.
    27. Like in the case of wireline fixed broadband networks, the 
Commission also provides for certain exceptions for serviceable 
locations outside the coverage area depicted by a provider's 
propagation model. Fixed wireless service providers must include 
locations with current and former subscribers. In the case of former 
subscribers, providers should not report those locations that they no 
longer believe to be serviceable due to subsequent changes in the 
network. Likewise, if a provider is receiving or has received universal 
service support to provide broadband service in a particular geographic 
area--or has other Federal, state, or local obligations to make service 
available in the area--and the provider has begun to make service 
available in that area, then the provider must include all of the 
deployed locations, regardless of whether they are within or beyond the 
bounds of the maximum buffer. In adopting these standards, the 
Commission confirms that the availability of fixed wireless service at 
a given location may ultimately be determined through the challenge 
process and other determinations based on facts on the ground. 
Therefore, the Commission will require a fixed wireless provider to 
remove from its broadband availability data areas or locations that a 
successful challenge or Commission inquiry has shown to be unserved by 
that provider.
    28. Although the Commission could prescribe additional propagation 
modeling parameters for fixed wireless providers, the Commission is 
concerned that doing so would risk making the maps less accurate. The 
specific parameters the Commission adopts above will allow providers to 
use their internal modeling standards and practices in a way that will 
best reflect the service they are capable of providing, and the service 
providers are in the best position to determine where their service is 
available. However, to facilitate public feedback, a robust challenge 
process, and ease of analysis by Commission staff, the Commission also 
adopts the USTelecom and WISPA proposal to require fixed wireless 
providers submitting propagation maps and propagation model details to 
disclose several of the parameters and details used to create their 
propagation maps and models.
    29. First, service providers must identify the radio network 
planning tool(s) used, along with information including: (1) The name 
of the planning tool; (2) the version number of the planning tool; (3) 
the name of the planning tool's developer; (4) the granularity of the 
model (e.g., 3-arc-second square points); and (5) affirmation that the 
coverage model has been validated and calibrated at least one time 
using on-the-ground testing and/or other real-world measurements 
completed by the provider or its vendor. Second, service providers must 
submit base station information including: (1) Frequency band(s) used 
to provide service being mapped; (2) carrier aggregation; (3) radio 
technologies used on each band (e.g., 802.11ac-derived OFDM, 
proprietary OFDM, LTE); and (4) elevation above ground for each base 
station. Third, service providers must submit information on the height 
and power values used for receivers/CPE antennas in their modeling 
(height must be within a range of four to seven meters). Finally, 
service providers must submit terrain and clutter information including 
the name and vintage of the dataset used, the resolution of clutter 
data, and a list of clutter categories used with a description of each, 
along with a description of the link budget and parameters including 
predicted signal strength.
    30. The Commission believes that this information will assist us in 
determining whether the fixed wireless broadband data that the 
Commission collects is granular and accurate, consistent with the 
requirements and purpose of the Broadband DATA Act. It will also 
promote participation from the public and from other government 
entities and third parties to ensure that the resulting maps are as 
accurate as possible. For example, interested parties may be able to 
use this information to identify poorly calibrated propagation models 
which will obviate the need for a lengthier case-by-case challenge 
process and give filers an opportunity to correct their coverage data 
more quickly. It similarly will provide Commission staff with an 
opportunity to identify possible concerns with filers' model parameters 
and most efficiently target the Commission's auditing and verification 
efforts. At the same time, it provides filers the greatest ability to 
ensure their coverage data best reflects the realities on the ground 
without being constrained to unnecessarily prescriptive modeling 
requirements that could increase cost and burden with little consequent 
benefit to the accuracy of broadband maps.
    31. USTelecom and WISPA assert that certain categories of the 
information the Commission is collecting from terrestrial fixed 
wireless providers may be commercially sensitive or raise security 
concerns. Other information--such as the frequency bands used to 
provide service, carrier aggregation, radio technologies used, terrain 
and clutter information, base station elevation, and CPE height and 
power information--do not appear to raise confidentiality concerns. The 
Commission will treat this information as presumptively public and will 
treat the remaining information as presumptively non-public. The 
Commission believes there is a strong public interest in having as much 
access to this information as possible in order to facilitate public 
review and input on its accuracy, but the Commission acknowledges the 
potential sensitivities and believe this approach best balances the two 
interests.

B. The Collection and Reporting of Data for Mobile Broadband Internet 
Access Service

    32. The Commission requires mobile broadband providers to submit 
propagation maps and propagation model details based on minimum 
specified parameters. Service providers will be required to submit 
propagation maps reflecting technology-specific user download and 
upload speeds given prescribed minimum cell edge probabilities, cell 
loading factors, and modeling resolution. The Commission

[[Page 50892]]

otherwise allows service providers to choose other propagation modeling 
parameters that reflect each provider's particular network 
configurations, deployed infrastructure, and geographic characteristics 
of each area. Service providers must submit to the Commission modeling 
parameters they use in modeling the prescribed network performance 
standards which will be available for public review. Providing 
flexibility to select modeling parameters combined with public 
disclosure of those parameters will ensure that submitted propagation 
maps reflect on-the-ground performance while fostering transparency and 
confidence in modeled performance. As AT&T points out, ``The answer is 
not to prescribe how providers should create their maps, but rather to 
clearly define what the map must represent, and then to require 
transparency.''
    33. In addition to requiring mobile broadband providers to use 
propagation modeling to generate and to submit maps showing their 4G 
LTE coverage, the Commission additionally requires providers to submit 
information, data, and coverage maps for existing 3G networks and next-
generation 5G-NR networks. By requiring technology-specific maps, this 
approach provides information about the availability of the three most 
widely deployed generations of mobile wireless technology and will make 
it easier to compare the services that different mobile broadband 
providers offer. Commenters previously have expressed support for this 
approach.
    34. Under current Form 477 reporting requirements, facilities-based 
mobile broadband providers must report on mobile broadband deployment 
by submitting, for each technology, polygons in GIS mapping files that 
digitally represent the geographic areas in which a customer should 
expect to receive the minimum upload and download speed the mobile 
provider advertises for that area or, if the provider does not 
advertise such speeds, the minimum upload and download speeds users 
should expect to receive within the polygon.
    35. In the Digital Opportunity Data Collection Order and Further 
NPRM, the Commission sought comment on incorporating mobile voice and 
broadband coverage into the Digital Opportunity Data Collection and on 
what additional steps the Commission should take to obtain more 
accurate and reliable mobile broadband deployment data. The Commission 
asked commenters to refresh the record on the potential use of radio 
frequency (RF) signal prediction, including the mutual use (by the 
Commission and stakeholders) of a standardized RF propagation 
prediction model and standardized coverage maps for mobile services. 
The Commission asked commenters to discuss their experience in the 
Mobility Fund Phase II proceeding, including the lessons the Commission 
should draw from the standardized parameters it established for 
propagation models in that proceeding and whether standardized RF 
signal strength prediction and technical parameters including download 
speed, cell loading, and cell edge coverage probability are sufficient 
to demonstrate coverage. The Commission also asked whether any 
additional parameters are necessary and whether 5G technology requires 
different standardized parameters. Providers, to varying degrees, 
supported the use of propagation models with standardized parameters, 
though all commenters who opined on the issue supported 4G LTE 
parameters defined by a cell edge probability of 90% and a cell loading 
factor of 50%.
    36. On December 4, 2019, the Rural Broadband Auctions Task Force 
released a report on the results of its investigation of purported 
inaccuracies in the mobile broadband coverage data submitted by mobile 
providers for the one-time collection of 4G LTE coverage data in the 
Mobility Fund Phase II proceeding (Mobility Fund Phase II Investigation 
Staff Report or Report). The Report included recommendations on how the 
Commission could improve its collection of mobile broadband coverage 
data, including recommendations for standardizing many of the 
parameters carriers should use to generate propagation maps. In 
particular, the Report recommended that propagation models be based on 
standardized parameters for reference signal received power (RSRP) 
value and/or minimum downlink and uplink speeds, standard cell loading 
factors and cell edge coverage probabilities, and maximum terrain and 
clutter bin sizes, among other parameters. The Report also recommended 
that the Commission collect specific information used in propagation 
models, including the locations and characteristics of certain cell 
sites used for mobile wireless service, the modeling software used, the 
entire link budget, the sources of terrain and clutter data, and 
clutter values. The Commission subsequently placed the Report into the 
record of this proceeding.
    37. Several of the requirements of the Broadband DATA Act are 
similar to proposals and recommendations from the Digital Opportunity 
Data Collection Order and Further NPRM and the Mobility Fund Phase II 
Investigation Staff Report. The Act requires the Commission to collect 
from each mobile broadband provider propagation maps and propagation 
model details that indicate a provider's current 4G LTE coverage based 
on certain minimum specified parameters. The maps must ``take into 
consideration the effect of clutter,'' and must reflect ``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%'' and ``cell loading of not less than 50%,'' as well as ``any 
other parameter that the Commission determines to be necessary to 
create a map . . . that is more precise than the map produced'' under 
the Mobility Fund Phase II data collection.
1. Standardized Predictive Propagation Maps for Mobile Service
    38. At the outset the Commission prescribes the same cell edge 
probability, cell loading, and clutter factors for each of the mobile 
broadband technologies--3G, 4G, and 5G-NR--for providers' propagation 
model results. These parameters also will apply to the propagation 
models providers use to generate the shapefiles that depict the 
coverage of their voice services. While commenters support consistent 
parameters in the context of 4G LTE, the Commission concludes that 
certain uniform minimum parameter values are equally important for 
demonstrating 3G and 5G-NR coverage as well as voice coverage and that 
they will help the Commission assess and compare coverage maps among 
providers for each technology.
    39. First, as noted above, the Commission requires each coverage 
map to reflect coverage areas where users should expect to receive the 
minimum required download and upload speeds with not less than a 90% 
cell edge coverage probability and a cell loading of not less than 50%. 
The Broadband DATA Act set these requirements for 4G LTE data 
submissions, and the Commission finds that they are appropriate metrics 
to use for 3G and 5G-NR data submissions and voice submissions as well. 
The Commission agrees with commenters that by adopting the stricter 
coverage probability and network loading parameters that many providers 
themselves use to design their networks, the Commission will help 
ensure that the coverage maps providers submit do not overestimate 
coverage and that they more closely match real consumer experience. The 
Commission adopts the Broadband DATA Act's definitions of

[[Page 50893]]

the terms ``cell edge probability'' and ``cell loading.''
    40. Second, the Commission requires that mobile service providers 
generate coverage maps with a spatial resolution of 100 meters or 
better. The Broadband DATA Act defines clutter as ``a natural or man-
made surface feature that affects the propagation of a signal from a 
base station'' and requires that the Commission develop rules that 
require providers to account for the effect of clutter as part of the 
propagation models and coverage maps for 4G LTE service. When 
predicting mobile coverage using a propagation model, it is standard 
practice to incorporate digital terrain information so that propagation 
models predict those instances when the radio signal will likely be 
blocked on the ground. Similarly, it is common practice to include 
location-specific data for clutter which can also attenuate and scatter 
radio waves as they propagate.
    41. For consistency between submissions, and to implement the 
Broadband DATA Act's requirement that providers account for the effect 
of clutter in producing their propagation models, the Commission 
specifies a baseline resolution requirement for the terrain and clutter 
data used for modeling and producing maps. The Commission adopts the 
Broadband DATA Act's definition of the term clutter for purposes of the 
collection. Without sufficient resolution for terrain and clutter data, 
natural obstructions to radio propagation can be missed and cause 
propagation models to misrepresent cellular coverage. The Mobility Fund 
Phase II Investigation Staff Report recommended that the Commission's 
data specifications include maximum terrain and clutter bin sizes and 
noted that failure to adequately model local clutter and terrain may 
have contributed to inaccuracies in carrier propagation models in the 
Mobility Fund Phase II proceeding. Several commenters support requiring 
carriers to report the clutter factors they use across their coverage 
areas and requiring the use of terrain and clutter data with a 
resolution of 100 meters or better. The Commission finds that 
establishing a baseline terrain and clutter bin value of 100 meters or 
better will help improve the overall accuracy and comparability of the 
data the Commission collect.
    42. The Commission's decision to require reporting for 3G, 4G LTE, 
and 5G-NR networks is consistent with the requirements of the Broadband 
DATA Act and the streamlining measures the Commission adopted in the 
Digital Opportunity Data Collection Order and Further NPRM. Such a 
requirement should serve the public interest by providing accurate, 
granular data on the availability of the most prevalent generations of 
mobile broadband service. The Commission rejects arguments that it 
lacks legal authority to establish mapping parameters for 5G-NR 
services or that it would be premature do so.
    43. The Commission's decision to adopt reporting parameters for 5G-
NR services implements the Broadband DATA Act requirement that the 
Commission, if it determines that it is necessary to revise reporting 
standards to collect accurate propagation maps with respect to future 
generations of mobile broadband technologies, shall immediately 
commence a rulemaking to adopt new reporting standards for those 
technologies. The Commission requires mobile providers to submit 
coverage maps reflecting 5G-NR deployment based on different speed 
thresholds than the Broadband DATA Act requires for 4G LTE services 
because the Commission finds that the 4G LTE speed thresholds specified 
in the Act are insufficient to accurately reflect 5G-NR coverage. In 
the Digital Opportunity Data Collection Order and Further NPRM, the 
Commission specifically asked whether 5G technology would require 
different standardized parameters. Moreover, and as noted above, 
nationwide providers have deployed 5G networks in different areas 
throughout the country and additional rollouts are planned. The 
Commission needs reliable and accurate information about the scope of 
these 5G-NR deployments as they occur and the parameters the Commission 
establishes today are appropriate for assessing service quality and 
consumer experience for all mobile technologies, including 5G-NR. 
Because the Commission does not prescribe extensive modeling parameters 
and provide flexibility to providers to select and disclose appropriate 
parameters that reflect the configuration of their networks, 
commenters' concerns here are largely mooted.
    44. Third, the Commission prescribes technology-specific user 
download and upload speeds that users should expect in light of the 
cell edge probabilities and cell loading factors described above. For 
4G LTE, as specified in the Broadband DATA Act, the Commission will 
require mobile broadband service providers to submit propagation maps 
and propagation model details that demonstrate where mobile wireless 
users should expect to receive minimum user speeds of 5/1 Mbps at the 
cell edge, with a cell edge probability of not less than 90% and a cell 
loading of not less than 50%. The speed thresholds must represent the 
expected user experience, as measured at the application layer.
    45. For 5G-NR networks, the Commission will require service 
providers to submit maps that model 5G-NR service using two distinct 
minimum speed thresholds, both of which must be modeled using a cell 
edge probability of 90% and cell loading of 50%. First, the Commission 
requires service providers to submit 5G-NR deployment data using a 
minimum speed threshold of 7/1 Mbps at the cell edge. The Commission 
anticipates that a 7/1 Mbps speed metric is realistically attainable 
and will reflect the minimum desired typical user experience across 
broad 5G-NR coverage areas. In particular, this speed threshold is 
likely to be attainable by mobile broadband service providers deploying 
5G-NR service over smaller channel blocks of low-band spectrum and 
finds support in the record. Second, the Commission requires service 
providers to submit 5G-NR deployment data based on a higher, 35/3 Mbps 
minimum speed threshold (at the cell edge). The Commission previously 
adopted 35/3 Mbps for universal service supported 5G deployments in 
Puerto Rico and the U.S. Virgin Islands. The two-tiered approach the 
Commission adopts today for mapping 5G-NR service will provide the best 
information to end users on where they can expect to receive 5G-NR 
services capable of supporting a variety of potential use cases.
    46. The Commission finds it appropriate to adopt requirements for 
reporting 5G-NR coverage at this time based on the current state of 
these commercial deployments. The Commission sought comment on 
reporting standards for 5G networks in the Digital Opportunity Data 
Collection Order and Further NPRM, and several commenters expressed 
support for adopting reporting standards for 5G mobile service. Major 
U.S. wireless carriers have deployed, or are deploying, commercial 5G 
networks throughout the country. In view of the Commission's previous 
request for comment and the record it received on this issue, the 
Commission disagrees with those commenters that argue it should seek 
additional comment before adopting reporting standards for 5G-NR 
services.
    47. The Commission adopts minimum expected user speeds of 200/50 
kbps at the cell edge for 3G network deployments at the prescribed cell 
edge probability and cell loading. These speeds are consistent with the 
speed thresholds for 3G service used by the Commission in the Mobility 
Fund I

[[Page 50894]]

context, and represent a useful baseline for mapping 3G mobile network 
coverage. In the Digital Opportunity Data Collection Order and Further 
NPRM, the Commission noted that commenters had previously expressed 
support for applying standardized parameters to coverage maps for each 
mobile broadband technology, including 3G, and it asked commenters to 
refresh the record on that issue. Although the transition to networks 
capable of supporting 5G technology is underway nationwide, the 
Commission recognizes that many mobile broadband network service 
providers continue to operate 3G networks--particularly providers that 
serve customers in rural areas of the country.
    48. Fourth, the Commission requires providers to disclose to the 
Commission details of their propagation models and of the link budgets 
they use for modeling cell edge network throughput (both uplink and 
downlink). The Mobility Fund Phase II Investigation Staff Report 
recommended that the Commission require providers to include detailed 
information in their filing related to how they developed their 
coverage maps, such as the locations and specific characteristics of 
cell sites, the modeling software used, the entire link budget and 
values, and terrain source data. Commenters expressed support for 
requiring providers to disclose similar information. The Commission 
agrees that requiring providers to submit detailed data about their 
propagation models and link budgets will help the Commission verify the 
accuracy of their propagation models. Accordingly, the Commission 
requires providers to disclose the following information regarding 
their radio network planning tools: (1) The name of the planning tool; 
(2) the version number used to produce the map; (3) the name of the 
developer of the planning tool; (4) an affirmation that the coverage 
model has been validated and calibrated at least one time using drive 
test and/or other real-world measurements completed by the provider or 
its vendors (the affirmation should include a brief summary of the 
process used for calibration and date of calibration); (5) the 
propagation model or models used; and (6) the granularity of the models 
used (e.g., 3-arc-second square points, bin sizes (subject to the 
baseline requirements adopted here), and other parameters). The 
Commission also requires that propagation maps submitted by providers 
predict outdoor coverage, which should include both (1) on-street or 
pedestrian stationary usage and (2) in-vehicle mobile usage.
    49. In addition, the Commission also requires providers to submit: 
(1) All applicable link-budgets used to design their networks and 
provide service at the defined speeds, and all parameters and parameter 
values included in those link budgets; (2) a description of how the 
carrier developed its link budget(s) and the rationale for using 
specific values in the link budget(s); and (3) the name of the creator, 
developer or supplier, as well as the vintage of the terrain and 
clutter datasets used, the specific resolution of the data (subject to 
the minimum requirements adopted in this Order), a list of clutter 
categories used, a description of each clutter category, and a 
description of the propagation loss due to clutter for each. For each 
of the categories of required data, the Commission requires providers 
to submit reasonable parameter values and propagation models consistent 
with how they model their services when designing their networks. In no 
case may any provider omit link budget parameters or otherwise fail to 
account for constraints on their coverage projections. The Commission 
also requires the above-described information be made public subject to 
individual requests for confidential treatment, so that it is available 
to those who wish to challenge provider-submitted coverage maps.
    50. The Commission requires service providers to submit their 
coverage maps in vector format. There are two predominant forms for 
storing and displaying map information digitally. Raster format 
provides a grid of individual points that, together, represent an 
image. Vector format produces an image by storing and displaying a set 
of connected lines in the form of the start and end points, rather than 
the individual pixels of the line as would be done with raster-format 
data. When taken together, the set of lines form the boundaries for 
different colors within a map or, more generally, an image. While 
raster format arguably provides for more detail, it involves 
significantly more data. There are differing views in the record about 
whether to require raster format. Some commenters argue that raster 
format would improve consistency and comparability of provider data. 
Others argue that requiring raster format would be burdensome. The 
Commission finds that requiring the submissions in vector format will 
facilitate efficient and effective collection of data while minimizing 
burdens for providers. The Commission is not persuaded that the 
benefits of requiring raster format outweigh the potential added 
burdens for some providers. Requiring submission of raster files would 
not only increase burdens on service providers, but also expend 
significant Commission resources needed to process the greater volume 
of data associated with raster-formatted submissions. In addition, the 
Commission finds that the evidence in the record fails to demonstrate 
that requiring providers to use raster format for their submissions is 
necessary for the Commission to be able to verify mobile broadband 
coverage. Instead, the Commission anticipates that the other 
verification measures the Commission proposes in the Third FNPRM would 
be more useful for verifying provider submissions.
    51. Taken together, the Commission expects that the minimum 
parameter values the Commission establishes will improve the accuracy, 
comparability, and reliability of the mobile broadband data it 
collects. As discussed above, the Broadband DATA Act gives the 
Commission the authority to adopt any other parameters it determines 
are necessary to create a map that is ``more precise than the map 
produced as a result of the submissions under the Mobility Fund Phase 
II information collection.'' In accordance with this authority, the 
Commission directs OEA and WTB to modify the speed, probability, and 
loading parameters as necessary to account for improvements in mobile 
broadband service over time. This will continue to allow the Commission 
to ensure the collection of accurate, comparable, and granular 
broadband data maps in the future.

C. Establishment of the Fabric

    52. The Broadband DATA Act requires the Commission to create ``a 
common dataset of all locations in the United States where fixed 
broadband internet access service can be installed, as determined by 
the Commission.'' The Act also requires the Commission to establish the 
Fabric, which must contain ``geocoded information'' for all of the 
locations identified in the common dataset. In addition, the Fabric 
must serve as the foundation on which all other fixed broadband 
internet access service availability data collected under the Broadband 
DATA Act are layered, it must be compatible with commonly used 
geographic information system (GIS) software, and the Commission must 
update the Fabric at least every six months. The Broadband DATA Act 
also prescribes constraints for the Commission in contracting for 
assistance in the creation of the Fabric.
    53. In the Digital Opportunity Data Collection Order and Further 
NPRM, the

[[Page 50895]]

Commission stated its intention to develop a national, broadband-
serviceable location database, to be maintained by the Administrator, 
that would be incorporated into the Digital Opportunity Data Collection 
database. In the Digital Opportunity Data Collection Order and Further 
NPRM, the Commission sought comment on multiple issues associated with 
the development and implementation of such a database, including what 
kinds of locations should be included as being ``broadband-
serviceable,'' how locations should be defined in the location 
database, and how it should manage and verify the quality of the data.
    54. Consistent with the Commission's stated intentions in the 
Digital Opportunity Data Collection Order and Further NPRM, and the 
substantially overlapping requirements of the Broadband DATA Act, the 
Commission adopts the Fabric, along with these basic elements as 
required by the Act. Specifically, the Commission concludes that the 
Fabric will consist of a single, nationwide fabric that will contain 
geocoded locations for all locations where a broadband connection can 
be installed. However, the Commission finds that it is appropriate in 
the Third FNPRM to seek additional comment on certain aspects of 
developing the Fabric. The Commission also notes that the Broadband 
DATA Act specifically authorizes the Commission to contract with an 
entity with GIS expertise to create and maintain the Fabric, but the 
Commission has not yet been appropriated funding to implement the 
Fabric and other measures required by the Broadband DATA Act and 
therefore cannot begin to implement them. The Commission finds, 
however, that determining to establish the Fabric now will enable us to 
commence promptly the processes necessary to contract for its creation 
and operation once funding is available, subject to the provisions of 
the Federal Acquisition Regulation and other requirements established 
in the Broadband DATA Act.

D. Timing of Collection Filings

    55. As required by the Broadband DATA Act, the Commission 
establishes a biannual schedule for collection of broadband internet 
access service availability and quality of service data. For this 
purpose, the Commission establishes filing deadlines of March 1 and 
September 1 each year. The March filing would reflect data as of 
December 31 of the previous calendar year, while the September filing 
would reflect data as of June 30 of the then-current calendar year. The 
Commission directs OEA to issue a public notice announcing the initial 
filing deadline at least six months prior to that deadline, and fixed 
and mobile service providers must file their initial reports by that 
initial filing deadline. Finally, providers that become subject to the 
Digital Opportunity Data Collection filing requirements after the 
initial filing deadline must file data initially for the reporting 
period in which they become eligible.

E. Processes for Verifying Broadband Availability Data Submitted by 
Providers

    56. Pursuant to the Broadband DATA Act, the Commission adopts rules 
for processes through which it will be able to ``verify the accuracy 
and reliability'' of the broadband internet access service availability 
data submitted by providers. In addition to the infrastructure data 
that fixed wireless providers must submit to verify their network 
coverage data, the Commission also adopts (1) a process that uses data 
contained in the Administrator's High Cost Universal Broadband (HUBB) 
portal to cross-check fixed broadband coverage data; (2) the use of 
audits as a means of verifying coverage data accuracy; (3) a 
certification requirement for all biannual provider submissions, and 
(4) processes for collecting crowdsourced and verified third-party 
data. The Commission seeks comment in the Third FNPRM on other methods 
for verifying the broadband availability and quality of service data 
submitted by providers, some of which are mandated by the Broadband 
DATA Act.
1. Verifying Fixed Broadband Data Using HUBB Data
    57. The Commission will independently verify fixed broadband 
coverage data submitted by providers by integrating the geolocation 
data contained in the HUBB portal with the submitted fixed broadband 
coverage polygons. As part of its Universal Service Fund oversight 
responsibilities, USAC maintains the HUBB portal through which high-
cost universal service support recipients report the coordinates, 
address, deployment date, speed, and number of units for every location 
where fixed broadband service is available. The Commission found in the 
Digital Opportunity Data Collection Order and Further NPRM that cross-
checking broadband availability data with HUBB data ``will benefit our 
overall understanding of how high-cost support dollars are used in 
conjunction with overall broadband deployment and will aid the data 
collection verification effort.'' As a result, the Commission will use 
HUBB data to verify provider-submitted data, but note that USAC will 
not have a role in this process. Since HUBB data include location 
coordinates, the Commission will use the data to cross-check any 
location data submitted by fixed broadband providers or to determine 
whether any locations served according to the HUBB are outside any 
service polygons submitted. The Commission will require filers whose 
data in the HUBB conflict with their availability data to submit 
conforming or corrective information after determining which 
information is in error.
2. Commission Audits
    58. The Broadband DATA Act requires the Commission to ``conduct 
regular audits of information submitted by providers . . . to ensure 
that the providers are complying with [the Act].'' For all fixed 
providers, this information includes (1) the availability of broadband 
internet access service; (2) download and upload speeds and, if 
applicable, latency; and (3) location data that can be georeferenced in 
the Fabric. For fixed wireless providers, such information includes any 
propagation maps and propagation model details, or lists of addresses 
or locations that constitute a provider's service area. For terrestrial 
fixed and satellite providers, such information includes polygon 
shapefiles or a list of addresses or locations that constitute a 
provider's service area. For mobile providers, such information 
includes propagation maps and propagation model details that indicate a 
provider's mobile 4G-LTE broadband internet access service coverage.
    59. In the Digital Opportunity Data Collection Order and Further 
NPRM, the Commission sought comment on the use of such tools such as 
audits, field tests, and statistical analyses to confirm the accuracy 
of broadband availability data submitted by providers. The Commission 
agrees with commenters such as Connected Nation that ``the DODC would 
benefit significantly from having a mechanism for field validation in 
place at the outset of the first data collection so that there is a 
means of auditing the data and investigating where evidence suggests 
the resulting maps may be incorrect.''
    60. Accordingly, the Commission will conduct audits involving 
information submitted by all types of providers of broadband internet 
access service (e.g., terrestrial fixed, fixed and mobile wireless, 
satellite). Subject to the Commission's receipt of sufficient 
appropriations, audit tools will include field surveys, investigations, 
and annual random audits to verify data accuracy.

[[Page 50896]]

In addition, audits may be initiated based on an unusual number of 
crowdsourced complaints.
3. Certification of Filings
    61. The Broadband DATA Act requires that each provider must include 
as part of its filing ``a certification from a corporate officer of the 
provider that the officer has examined the information contained in the 
submission and that, to the best of the officer's actual knowledge, 
information, and belief, all statements of fact contained in the 
submission are true and correct.'' The format of this certification is 
slightly different from the certification requirement adopted for fixed 
providers in the Digital Opportunity Data Collection Order and Further 
NPRM, but the Commission concludes that the plain language of the 
Broadband DATA Act now requires us to adopt this new standard (for both 
fixed and mobile service providers) and it does so here.
4. Process for Collecting Crowdsourced Data
    62. The Broadband DATA Act requires that the Commission develop a 
crowdsourcing process ``through which entities or individuals . . . may 
submit specific information about the deployment and availability of 
broadband internet access service . . . on an ongoing basis so that the 
information may be used to verify and supplement information submitted 
by providers . . . for inclusion in the [broadband coverage] maps.'' 
The Act further directs the Commission to ``prioritize the 
consideration of data provided by data collection applications used by 
consumers that the Commission has determined: (i) Are highly reliable; 
and (ii) have proven methodologies for determining network coverage and 
network performance.'' In the Digital Opportunity Data Collection Order 
and Further NPRM, the Commission adopted a crowdsourcing process for 
fixed services to begin collecting public input on the accuracy of 
service providers' broadband deployment data. The Commission further 
stated, ``Consistent with the public feedback mechanism the Commission 
adopts for fixed providers in the Digital Opportunity Data Collection, 
the Commission proposes to collect similar crowdsourced data for 
purposes of improving the quality of mobile broadband deployment data 
and seek comment on how to incorporate such data into data quality 
analysis.'' The Commission noted that third-party crowdsourced data for 
mobile service can serve as an important supplement to the information 
the Commission collects from service providers by independently 
measuring mobile broadband speed and availability. In addition to the 
Commission's proposal to collect such data, the Commission sought 
comment on how to treat crowdsourced data and the procedures that the 
Commission should follow. In this Second Report and Order, the 
Commission adopts the requirements from the Broadband DATA Act and the 
Commission's proposals from the Digital Opportunity Data Collection 
Order and Further NPRM to collect crowdsourced data.
    63. As an initial matter, consistent with comments received in 
response to the Digital Opportunity Data Collection Order and Further 
NPRM and the differences spelled out in the Broadband DATA Act, the 
Commission determines that the crowdsourcing process should be 
administered as separate and distinct from the challenge process. As a 
result, as set forth herein, the Commission adopts distinct processes 
for collecting data for crowdsourcing and challenges. In addition, in 
connection with crowdsourced data on mobile service availability, the 
Commission distinguishes between mobile crowdsourced data collected by 
app developers, such as Ookla, and information (including individual 
speed test results) submitted by consumers through the online portal 
for crowdsourced filings, as described below.
a. Scope of Crowdsourced Data Filings
    64. The Broadband DATA Act requires the Commission to establish a 
process that allows individuals and entities to submit specific 
information about the ``deployment and availability'' of broadband 
internet access service in the United States on an ongoing basis. The 
Commission adopts a process that will allow for submission of 
information falling within this defined scope.
    65. In the Digital Opportunity Data Collection Order and Further 
NPRM, the Commission noted that it has used mobile crowdsourced data, 
such as speed test data generated by mobile consumer speed test apps, 
to inform various Commission reports. The Commission recognized, 
however, that such data have certain limitations. For example, bias is 
often introduced into speed test data because tests are performed only 
at specific times and places, potentially providing a less accurate 
snapshot of mobile broadband performance. The Commission also noted 
that the methods by which different speed test apps collect data can 
vary and may not use techniques that control for certain variables. 
Although the Commission recognizes the potential limitations of 
crowdsourced data, it nonetheless believes that third-party 
crowdsourced data can serve as an important supplement to the 
information the Commission collects from service providers by 
independently measuring mobile broadband speed and availability.
    66. The Commission directs OET, OEA, WCB, and WTB to develop and 
refine a process for entities and individuals to submit third-party 
fixed and mobile crowdsourced data consistent with the Broadband DATA 
Act's requirements and the Commission's policies. In accordance with 
the Act's requirements, these Bureaus and Offices will develop the 
process by which the Commission will prioritize the consideration of 
crowdsourced data submitted through data collection applications used 
by consumers, and other entities, that are determined to be ``highly 
reliable'' and that ``have proven methodologies for determining network 
coverage and network performance.'' In applying this standard, these 
Bureaus and Offices may consider: (1) Whether the application uses 
metrics and methods that comply with current Bureau and Office 
requirements for submitting network coverage and speed data in the 
ordinary course; (2) whether the speed application has enough users 
that it produces a dataset to provide statistically significant results 
for a particular provider in a given area; and (3) whether the 
application is designed so as not to introduce bias into test results. 
The Bureaus and Offices will issue specific rules by which the 
Commission will prioritize the consideration of crowdsourced data in 
advance of the time that the online portal is available. This will 
allow filers to take these rules into account in submitting 
crowdsourced data. As noted above, the Commission has used mobile 
crowdsourced data to inform various Commission reports, such as in the 
2020 Broadband Deployment Report where the Commission supplemented Form 
477 data with Ookla crowdsourced speed test data in assessing access to 
advanced telecommunications capability for mobile services. The 
Commission currently receives some crowdsourced data through its 
Measuring Mobile Broadband in America (MMBA) program; the Commission 
does not, however, intend to restrict crowdsourcing broadband data 
collection efforts to the product of any one specific entity. Further, 
the industry or commenter may identify a number of alternative 
applications that

[[Page 50897]]

satisfy the aims of crowdsourcing in this context.
    67. The Commission also directs OET, OEA, WCB, and WTB to modify 
the process for the collection of fixed and mobile crowdsourced data 
over time in the event that these Bureaus and Offices determine it is 
necessary. The Commission recognizes that there may be changes in 
technology, different types of crowdsourced data, or other 
considerations that may require revaluation and possible modifications 
of the Bureaus' and Offices' initial determinations in order that they 
may satisfy the Act's provisions for submitting crowdsourced data on an 
ongoing basis. The Commission finds that directing these Bureaus and 
Offices to implement the collection of fixed and mobile crowdsourced 
data will provide greater flexibility to adjust and improve the 
Commission's data collection process over time.
b. Establishment of an Online Portal for Crowdsourced Data Filings
    68. Consistent with the requirements in the Broadband DATA Act and 
similar to the requirement in the Digital Opportunity Data Collection 
Order and Further NPRM, the Commission will establish and use an online 
portal for crowdsourced data filings and will use that same portal for 
challenge filings. The Commission finds that a single platform would be 
the most beneficial approach for the public, challengers, and providers 
to use for crowdsourced data and challenge filings. The Commission 
directs the Offices and Bureaus to implement the crowdsourced data 
collection and to create a portal for the receipt of crowdsourced data.
c. Information Included in Crowdsourced Data Filings
    69. Similar to the Commission's proposal in the Digital Opportunity 
Data Collection Order and Further NPRM, the Commission requires that 
crowdsourced data filings contain the contact information of the filer 
(e.g., name, address, phone number, and email), the location that is 
the subject of the filing (including the street address and/or GPS 
coordinates of the location), the name of the provider, and any 
relevant details about the deployment and availability of broadband 
internet access service at the location. With regard to crowdsourced 
input from existing speed-test applications, the Commission currently 
collects the location and identifying information that is part of the 
normal operation of the application, and the Commission will only 
accept tests that use the device's location services to determine 
latitude and longitude to ensure precise location data.
    70. In addition, crowdsourced data filers must certify that, to the 
best of the filer's actual knowledge, information, and belief, all 
statements in the filing are true and correct. This is similar to the 
certification required under the Broadband DATA Act for providers when 
making their biannual filings, as well as the proposed certification 
for parties when submitting data in the challenge process. The 
Commission believes that such a requirement will discourage frivolous 
or malicious crowdsourced data filings.
d. Treatment of Crowdsourced Data Filings
    71. As an initial matter, the crowdsourced data portal will alert 
providers when crowdsourced filings are made concerning their data, and 
providers may, but will generally not be required, absent a Commission 
inquiry, to respond to crowdsourced data filings. In response to the 
Digital Opportunity Data Collection Order and Further NPRM, many 
providers objected to a proposed requirement that they respond to all 
crowdsourced data filings. The Commission notes that a crowdsourced 
data filer can file a challenge if it seeks a more formal response to a 
dispute pursuant to a challenge process, on which the Commission seeks 
comment in the Third FNPRM.
    72. The Commission will use crowdsourced data to inform, but not 
decide, a provider's claimed deployment and availability of broadband 
internet access service--and as an important part of verification 
options that include Commission audits, cross-checking with HUBB data, 
a challenge process, and data from government entities and third 
parties. When the Commission sought comment in the Digital Opportunity 
Data Collection Order and Further NPRM on the use of crowdsourced data, 
many providers argued that such data should be used only when there is 
a systematic problem with a provider's reporting in a given area. The 
Commission adopts an approach similar to that advocated by commenters 
and limit the use of crowdsourced data to identifying trends and 
trouble-spotting, rather than addressing every individual claim. 
Specifically, Commission staff will use crowdsourced data to identify 
individual instances or patterns of potentially inaccurate or 
incomplete deployment or availability data that warrant further 
investigation or review.
    73. In response to the Commission's requests for comment on mobile 
crowdsourced data, parties generally agree that service providers 
represent the best source of mobile broadband deployment and 
availability data and that crowdsourced data should only be used as a 
supplement to the information that the Commission collects from 
providers. Some commenters assert that public feedback from actual 
broadband consumers and entities can improve the accuracy and 
granularity of the coverage maps or identify inadvertent errors, while 
also emphasizing that caution is necessary in relying on crowdsourced 
data. They maintain that such data must be carefully calibrated both to 
promote greater accuracy and to protect providers from unnecessary 
burdens. Several commenters urge the Commission not to require 
providers to respond to each individual crowdsourced data submission; 
they argue that it would be an unnecessary burden and may not 
materially improve the development of accurate coverage maps. Some 
commenters point out that crowdsourced data are not collected under 
controlled conditions or in a statistically significant manner. In 
particular, CTIA proposes a limited pilot program to evaluate the 
utility of tools such as crowdsourced data for verifying mobile 
broadband coverage before the Commission takes more steps to expand the 
use of such data.
    74. In response to the Digital Opportunity Data Collection Order 
and Further NPRM, commenters suggested a range of thresholds above 
which the Commission should investigate crowdsourced data complaints--
from ``one half of one percent of the number of premises covered,'' as 
suggested by Next Century Cities, to at least 75% of submitted results 
in an area suggesting that coverage is overstated, as requested by 
WTA--Advocates for Rural Broadband (WTA). The Commission declines to 
establish specific thresholds to use when deciding whether to evaluate 
providers' filings where crowdsourced data suggest that a certain 
percentage of the locations reported in a census block, or a certain 
percentage of the provider's total locations, are inaccurate. Instead, 
the Commission agrees with commenters such as ACA Connects that 
Commission staff should initiate inquiries when a ``critical mass of'' 
crowdsourced filings suggest that a provider has submitted inaccurate 
or incomplete data. The Commission directs its Bureaus and Offices to 
provide guidance to providers when inquiries based on crowdsourced 
filings could be initiated. The Commission also reserves the right to 
investigate filings in instances that do not meet the thresholds if 
warranted by the specific

[[Page 50898]]

circumstances of a crowdsourced data filing.
e. Remedies for Inaccurate Data Identified by Crowdsourced Data Filings
    75. Similar to the Commission's proposal in the Digital Opportunity 
Data Collection Order and Further NPRM, once staff have evaluated a 
particular crowdsourced data submission and established the need to 
take a closer look at a provider's data, staff will contact the 
provider and offer it an opportunity to explain any discrepancies 
between its data and the Commission's analysis. If the provider agrees 
with staff analysis, then it will be required to refile updated and 
corrected data within 30 days of agreeing with that determination, 
although providers will be allowed to bundle multiple crowdsourced 
corrections into one filing during a 30-day period. If the provider 
disputes the staff analysis, staff will review the provider's response 
and consider whether further inquiry is necessary to resolve the 
discrepancy. This could include, for example, beginning a formal audit 
of the provider's data or engaging in informal dispute resolution. If 
staff ultimately conclude that the provider's filing is not reliable 
with respect to the areas covered by the crowdsourced filing, staff 
will require the provider to refile its fixed or mobile coverage data 
excluding the locations or areas in question.
f. Public Availability of Information Filed in the Crowdsourcing 
Process
    76. The Commission will make public all information submitted as 
part of the crowdsourcing process, with the exception of personally 
identifiable information and any data required to be confidential under 
Sec.  0.457 of the Commission's rules. The Commission notes that the 
information that it adopts for crowdsourced data filers to provide is 
the same information that the Commission required be made publicly 
available in the Digital Opportunity Data Collection Order and Further 
NPRM. The Commission finds that this information will be sufficient to 
inform the public about the nature of a crowdsourced data filing, while 
protecting legitimate privacy or other interests. Similar to the 
requirement the Commission adopted in the Digital Opportunity Data 
Collection Order and Further NPRM, it directs OEA to make crowdsourced 
data publicly available as soon as is practicable after submission and 
to establish an appropriate method for doing so. While the Commission 
does not establish a specific timeline for making such data publicly 
available, it expects that there will be regular releases of 
crowdsourced data.

F. Enforcement

    77. Under the Broadband DATA Act, it is unlawful to willfully and 
knowingly, or recklessly, submit information or data that is materially 
inaccurate or incomplete with respect to the availability or the 
quality of broadband internet access service. The Commission adopts 
this requirement, but seek comment in the Third FNPRM on several 
aspects of the Broadband DATA Act's enforcement requirement.

G. Creation of Coverage Maps Depicting Availability of Broadband 
Internet Access Service and Sharing Mapping Data

    78. Pursuant to the Broadband DATA Act, the Commission must issue 
final rules that require the dissemination of granular data that the 
Commission must use to compile coverage maps that depict the 
availability of broadband internet access service and be made publicly 
available. This requirement is different from the process the 
Commission adopted in the Digital Opportunity Data Collection Order and 
Further NPRM, which required broadband service providers to submit 
granular maps of the areas where they have broadband-capable networks 
and make service available. Pursuant to the Broadband DATA Act, it is 
now the Commission's responsibility to take the granular availability 
data for broadband internet access service submitted by providers and 
others and create, after consultation with the Federal Geographic Data 
Committee: (1) The Broadband Map, which must depict areas of the 
country that remain unserved by providers and depict the extent of 
availability of fixed and mobile broadband internet access service; (2) 
a map that depicts the availability of fixed broadband internet access 
service; and (3) a map that depicts the availability of mobile 
broadband internet access service.
    79. The Commission will establish the Broadband Map as a map that 
depicts the extent of the availability of broadband internet access 
service, as well as areas that are unserved, overlaid onto the fixed 
service Fabric data. The Broadband DATA Act provides that this 
Broadband Map must depict the availability of broadband ``without 
regard to whether that service is fixed or mobile.'' Pursuant to the 
Act, the Commission also will create separate maps depicting fixed 
coverage and mobile coverage. Coverage depicted on the Broadband Map 
and the fixed and mobile coverage maps will be defined by providers' 
reported availability data, as revised by the outcome of successful 
challenges under the challenge process and the outcomes of Commission 
investigations and inquiries, which may be informed by crowdsourced 
data.
    80. Further, the Broadband DATA Act requires that the Commission 
update the coverage maps at least biannually using the most recent data 
collected from providers. In concert with the Commission's adoption 
herein of the biannual collection of broadband internet access service 
data, the Commission will update its coverage maps with new provider 
availability data at least biannually with data submitted by providers, 
as well as with any updates or corrections. Doing so will meet the 
Broadband DATA Act's requirement that the Commission use the most 
recent data collected from providers. The Commission directs OEA to 
update the coverage maps as quickly as possible after the biannual 
submission deadlines and to update the maps on a continuing basis based 
on the outcomes of challenges and Commission investigations and 
inquiries, including those informed by verified data and crowdsourced 
data as that information becomes available.
    81. Finally, the Act requires the Commission to consult with 
various Federal agencies in connection with creating and providing 
access to the coverage maps. First, the Broadband DATA Act requires the 
Commission to consult with the Federal Geographic Data Committee before 
creating the three coverage maps. Second, the Broadband DATA Act 
requires the Commission to consult with the Secretary of Agriculture 
and with NTIA to enable those entities to consult the coverage maps 
when considering the awarding of funds for the deployment of broadband 
internet access service under any program administered by the 
Administrator of the Rural Utilities Service or the Administration, 
respectively. In addition, the Commission must establish a process to 
make the data collected from providers pursuant to the Digital 
Opportunity Data Collection available to NTIA. The Commission directs 
OEA, WTB, IB, and WCB to carry out these requirements.

H. Collection of Verified Broadband Data From Government Entities and 
Third Parties for Use in the Coverage Maps

    82. The Broadband DATA Act requires the Commission to develop a 
process to collect verified data for use in the coverage maps from: (1) 
State, local, and Tribal governmental entities primarily responsible 
for mapping or

[[Page 50899]]

tracking broadband internet access service coverage in their areas; (2) 
third parties, if the Commission determines it is in the public 
interest to use their data in the development of the coverage maps or 
in the verification of data submitted by providers; and (3) other 
federal agencies. The Commission adopts this requirement and direct the 
Bureaus and Offices to implement the details of the process. The 
Commission will treat such data as ``primary'' availability data ``for 
use in the coverage maps'' on par with the availability data submitted 
by providers in their biannual Digital Opportunity Data Collection 
filings. The Commission seeks comment in the Third FNPRM on other 
details associated with the process, including such issues as the 
meaning of ``verified'' data, how to reconcile this data with data 
submitted by providers in their biannual filings, collecting verified 
data for mobile service, and the parameters of the Commission's public 
interest determination to use third-party data.

I. Data Confidentiality and Privacy

    83. The Broadband DATA Act requires that the rules the Commission 
adopts establish ``processes and procedures through which the 
Commission and, as necessary, other entities or individuals submitting 
non-public or competitively sensitive information, can protect the 
security, privacy, and confidentiality of such information,'' 
including: (1) Information contained in the Fabric, (2) the dataset 
supporting the Fabric, and (3) availability data submitted pursuant to 
section 802(b)(2) of the Broadband DATA Act. In the Digital Opportunity 
Data Collection Order and Further NPRM, the Commission determined that 
all fixed broadband service provider information, comprising shapefiles 
depicting areas covered at each offered speed, would be presumed to be 
non-confidential unless the Commission specifically directed that it be 
withheld. The Commission required all filers seeking confidential 
treatment of data submitted as part of the Digital Opportunity Data 
Collection to submit a request at the time of the filing that the data 
be treated as confidential, along with the reasons for withholding the 
information from the public. The Commission noted that it would make 
decisions on requests for confidential treatment on a case-by-case 
basis. The Commission similarly determined that mobile broadband 
service provider coverage maps would presumptively be treated as non-
confidential. Specifically, the Commission decided that the Commission 
will release the following information in Digital Opportunity Data 
Collection filings to the public, and providers may not request 
confidential treatment of such information: (1) Provider-specific 
mobile deployment data; (2) data regarding minimum advertised or 
expected speed for mobile broadband internet access services; and (3) 
location information that is necessary to permit accurate broadband 
mapping, including as part of the crowdsourcing or challenge processes.
    84. The Commission found in the Digital Opportunity Data Collection 
Order and Further NPRM that to better allow for crowdsourcing, mapping, 
and other uses of fixed broadband deployment data, all fixed service 
provider information filed as part of the Digital Opportunity Data 
Collection will be presumed to be non-confidential unless the 
Commission specifically directs that it be withheld. The Commission 
also found that this approach ``strikes an appropriate balance between 
the protection of confidential information and the need for public 
disclosure of fixed broadband deployment data to help with crucial 
crowdsourcing functionality and mapping capabilities.'' The Commission 
finds these rationales continue to apply and accordingly adopt the 
requirements from the Digital Opportunity Data Collection Order and 
Further NPRM to the treatment of both fixed and mobile availability 
data and expand the requirements to include information contained in 
the Fabric and the dataset supporting the Fabric.
    85. The Commission expects the Fabric will include at least some 
proprietary information that it will acquire commercially, which will 
be subject to licensing or other agreements that limit the extent to 
which it can be made available. The Commission also anticipates that it 
will receive information from individuals or entities concerning the 
accuracy of availability data and information in the Fabric. 
Accordingly, the Commission will withhold from routine public 
inspection all data required to be kept confidential pursuant to Sec.  
0.457 of the Commission's rules and all personally identifiable 
information, including names, email addresses, and telephone numbers 
submitted in connection with availability data and the data in the 
Fabric. However, the Commission will entertain requests for disclosure 
if the public interest in disclosure outweighs the interests listed in 
Sec.  0.457 of the Commission's rules. Subject to contractual or 
license restrictions, the Commission will make public all other 
information received about the status of broadband internet access 
service availability at specific locations, including geographic 
coordinates and street addresses, whether a provider has reported 
availability at a location, and whether the owner or occupant has 
disputed a report of broadband internet access service availability at 
such location. The Commission also will make publicly available all 
shapefiles, propagation maps, lists of addresses or locations for both 
fixed and mobile service, and on-the-ground mobile data, including data 
submitted by mobile providers to verify their coverage maps, subject to 
individual requests for confidential treatment.

J. Updating the Data Collection

    86. Consistent with the requirement in the Broadband DATA Act, and 
similar to the requirement that the Commission adopted (but have not 
implemented) in the Digital Opportunity Data Collection Order and 
Further NPRM, it directs IB, WTB, WCB, and OEA to (1) update the 
specific format of data to be submitted pursuant to the Digital 
Opportunity Data Collection to reflect changes over time in GIS and 
other data storage and processing functionalities; and (2) implement 
any technical improvements or other clarifications to the filing 
mechanism and forms.

IV. Final Regulatory Flexibility Analysis

    87. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Digital Opportunity Data Collection Order and 
Further NPRM released in August 2019 in this proceeding. The Commission 
sought written public comment on the proposals in the Further NPRM, 
including comments on the IRFA. No comments were filed specifically in 
response to the IRFA. This Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.

A. Need for, and Objectives of, the Rules

    88. With the Second Report and Order, the Commission takes steps to 
adopt certain requirements mandated by the Broadband DATA Act, as well 
as adopting improvements to the collection of data. Specifically, the 
Commission establishes reporting and disclosure requirements for fixed 
and mobile broadband providers, filing and certification requirements. 
The Commission adopts the use of the Fabric to serve as the foundation 
upon which all data relating to fixed broadband internet access service 
availability must be overlaid. The Commission also adopts certain rules 
for the collection and reporting of data mobile broadband

[[Page 50900]]

internet access service. For mobile providers, the Commission 
implements the requirements of the Broadband DATA Act by requiring them 
to submit propagation maps and propagation model details based on 
specified minimum parameters. In addition to requiring mobile broadband 
providers to use propagation modeling to generate and submit maps 
showing their 4G LTE coverage, the Commission requires providers to 
submit data and coverage maps for existing 3G networks and next-
generation (5G-NR) networks. The Commission also adopts requirements to 
collect crowdsourced data as well as a process for verifying broadband 
availability. The Commission believes these actions in the Second 
Report and Order will increase the usefulness of broadband deployment 
data to the Commission, Congress, the industry, and the public, and 
satisfy the requirements of the Broadband DATA Act.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    89. None.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    90. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA) and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments.
    91. The Chief Counsel did not file comments in response to the 
proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    92. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small-business concern'' under the Small Business 
Act.'' A ``small-business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (SBA).
    93. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. The Commission's actions, over time, may affect small 
entities that are not easily categorized at present. The Commission 
therefore describes here, at the outset, three comprehensive small 
entity size standards that could be directly affected herein. First, 
while there are industry-specific size standards for small businesses 
that are used in the regulatory flexibility analysis, according to data 
from the SBA's Office of Advocacy, in general a small business is an 
independent business having fewer than 500 employees. These types of 
small businesses represent 99.9% of all businesses in the United States 
which translates to 28.8 million businesses.
    94. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
Nationwide, as of August 2016, there were approximately 356,494 small 
organizations based on registration and tax data filed by nonprofits 
with the Internal Revenue Service (IRS).
    95. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, towns, 
townships, villages, school districts, or special districts, with a 
population of less than fifty thousand.'' U.S. Census Bureau data from 
the 2012 Census of Governments indicate that there were 90,056 local 
governmental jurisdictions consisting of general purpose governments 
and special purpose governments in the United States. Based on this 
data, the Commission estimates that at least 49,316 local government 
jurisdictions fall in the category of ``small governmental 
jurisdictions.''
1. Broadband Internet Access Service Providers
    96. The broadband internet access service provider industry has 
changed since the definition was introduced in 2007. The data cited 
below may therefore include entities that no longer provide broadband 
internet access service and may exclude entities that now provide such 
service. To ensure that this FRFA describes the universe of small 
entities that the Commission's action might affect, it discusses in 
turn several different types of entities that might be providing 
broadband internet access service. The Commission notes that, although 
it has no specific information on the number of small entities that 
provide broadband internet access service over unlicensed spectrum, the 
Commission included these entities in its Initial Regulatory 
Flexibility Analysis.
    97. Internet Service Providers (Broadband). Broadband internet 
service providers include wired (e.g., cable, DSL) and VoIP service 
providers using their own operated wired telecommunications 
infrastructure and fall in the category of Wired Telecommunication 
Carriers. Wired Telecommunications Carriers are comprised of 
establishments primarily engaged in operating and/or providing access 
to transmission facilities and infrastructure that they own and/or 
lease for the transmission of voice, data, text, sound, and video using 
wired telecommunications networks. Transmission facilities may be based 
on a single technology or a combination of technologies. The SBA size 
standard for this category classifies a business as small if it has 
1,500 or fewer employees. U.S. Census data for 2012 show that there 
were 3,117 firms that operated that year. Of this total, 3,083 operated 
with fewer than 1,000 employees. Consequently, under this size standard 
the majority of firms in this industry can be considered small.
    98. Internet Service Providers (Non-Broadband). Internet access 
service providers such as Dial-up internet service providers, VoIP 
service providers using client-supplied telecommunications connections, 
and internet service providers using client-supplied telecommunications 
connections (e.g., dial-up ISPs) fall in the category of All Other 
Telecommunications. The SBA has developed a small business size 
standard for All Other Telecommunications, which consists of all such 
firms with gross annual receipts of $32.5 million or less. For this 
category, U.S. Census data for 2012 shows that there were 1,442 firms 
that operated for the entire year. Of these firms, a total of 1,400 had 
gross annual receipts of less than $25 million. Consequently, under 
this size standard a majority of ``All Other Telecommunications'' firms 
can be considered small.
2. Wireline Providers
    99. Wired Telecommunications Carriers. The U.S. Census Bureau 
defines this industry as ``establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired communications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this

[[Page 50901]]

industry use the wired telecommunications network facilities that they 
operate to provide a variety of services, such as wired telephony 
services, including VoIP services, wired (cable) audio and video 
programming distribution, and wired broadband internet services. By 
exception, establishments providing satellite television distribution 
services using facilities and infrastructure that they operate are 
included in this industry.'' The SBA has developed a small business 
size standard for Wired Telecommunications Carriers, which consists of 
all such companies having 1,500 or fewer employees. U.S. Census Bureau 
data for 2012 show that there were 3,117 firms that operated that year. 
Of this total, 3,083 operated with fewer than 1,000 employees. Thus, 
under this size standard, the majority of firms in this industry can be 
considered small.
    100. Local Exchange Carriers (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. The closest applicable NAICS 
Code category is Wired Telecommunications Carriers. Under the 
applicable SBA size standard, such a business is small if it has 1,500 
or fewer employees. According to Commission data, U.S. Census data for 
2012 show that there were 3,117 firms that operated that year. Of this 
total, 3,083 operated with fewer than 1,000 employees. Thus under this 
category and the associated size standard, the Commission estimates 
that the majority of local exchange carriers are small entities.
    101. Incumbent Local Exchange Carriers (Incumbent LECs). Neither 
the Commission nor the SBA has developed a small business size standard 
specifically for incumbent local exchange services. The closest 
applicable NAICS Code category is Wired Telecommunications Carriers. 
Under the applicable SBA size standard, such a business is small if it 
has 1,500 or fewer employees. According to U.S. Census Bureau data for 
2012, 3,117 firms operated in that year. Of this total, 3,083 operated 
with fewer than 1,000 employees. Consequently, the Commission estimates 
that most providers of incumbent local exchange service are small 
businesses that may be affected by the Commission's actions. According 
to Commission data, 1,307 Incumbent LECs reported that they were 
incumbent local exchange service providers. Of this total, an estimated 
1,006 have 1,500 or fewer employees. Thus, using the SBA's size 
standard, the majority of Incumbent LECs can be considered small 
entities.
    102. Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers. Neither the Commission nor the SBA 
has developed a small business size standard specifically for these 
service providers. The appropriate NAICS Code category is Wired 
Telecommunications Carriers and under that size standard, such a 
business is small if it has 1,500 or fewer employees. U.S. Census 
Bureau data for 2012 indicate that 3,117 firms operated during that 
year. Of that number, 3,083 operated with fewer than 1,000 employees. 
Based on these data, the Commission concludes that the majority of 
Competitive LECS, CAPs, Shared-Tenant Service Providers, and Other 
Local Service Providers, are small entities. According to Commission 
data, 1,442 carriers reported that they were engaged in the provision 
of either competitive local exchange services or competitive access 
provider services. Of these 1,442 carriers, an estimated 1,256 have 
1,500 or fewer employees. In addition, 17 carriers have reported that 
they are Shared-Tenant Service Providers, and all 17 are estimated to 
have 1,500 or fewer employees. Also, 72 carriers have reported that 
they are Other Local Service Providers. Of this total, 70 have 1,500 or 
fewer employees. Consequently, based on internally researched FCC data, 
the Commission estimates that most providers of competitive local 
exchange service, competitive access providers, Shared-Tenant Service 
Providers, and Other Local Service Providers are small entities.
    103. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA has developed a definition for Interexchange Carriers. The closest 
NAICS Code category is Wired Telecommunications Carriers. The 
applicable size standard under SBA rules consists of all such companies 
having 1,500 or fewer employees. U.S. Census Bureau data for 2012 
indicate that 3,117 firms operated during that year. Of that number, 
3,083 operated with fewer than 1,000 employees. According to internally 
developed Commission data, 359 companies reported that their primary 
telecommunications service activity was the provision of interexchange 
services. Of this total, an estimated 317 have 1,500 or fewer 
employees. Consequently, the Commission estimates that the majority of 
interexchange service providers are small entities.
    104. Operator Service Providers (OSPs). Neither the Commission nor 
the SBA has developed a small business size standard specifically for 
operator service providers. The closest applicable size standard under 
SBA rules is the category of Wired Telecommunications Carriers. Under 
the size standard for Wired Telecommunications Carriers, such a 
business is small if it has 1,500 or fewer employees. U.S. Census 
Bureau data for 2012 show that there were 3,117 firms that operated 
that year. Of this total, 3,083 operated with fewer than 1,000 
employees. Thus, under this size standard, the majority of firms in 
this industry can be considered small.
    105. According to Commission data, 33 carriers have reported that 
they are engaged in the provision of operator services. Of these, an 
estimated 31 have 1,500 or fewer employees and two have more than 1,500 
employees. Consequently, the Commission estimates that the majority of 
OSPs are small entities.
    106. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a definition for small businesses specifically applicable to 
Other Toll Carriers. This category includes toll carriers that do not 
fall within the categories of interexchange carriers, operator service 
providers, prepaid calling card providers, satellite service carriers, 
or toll resellers. The closest applicable size standard under SBA rules 
is for Wired Telecommunications Carriers and the applicable small 
business size standard under SBA rules consists of all such companies 
having 1,500 or fewer employees. U.S. Census data for 2012 indicate 
that 3,117 firms operated during that year. Of that number, 3,083 
operated with fewer than 1,000 employees. According to Commission data, 
284 companies reported that their primary telecommunications service 
activity was the provision of other toll carriage. Of these, an 
estimated 279 have 1,500 or fewer employees. Consequently, the 
Commission estimates that most Other Toll Carriers are small entities.
3. Wireless Providers--Fixed and Mobile
    107. The broadband internet access service provider category 
covered by these new rules may cover multiple wireless firms and 
categories of regulated wireless services. Thus, to the extent the 
wireless services listed below are used by wireless firms for broadband 
internet access service, the actions may have an impact on those small 
businesses as set forth above and further below. In addition, for those 
services subject to auctions, the Commission notes that, as a general 
matter, the number of winning bidders that claim to

[[Page 50902]]

qualify as small businesses at the close of an auction does not 
necessarily represent the number of small businesses currently in 
service. Also, the Commission does not generally track subsequent 
business size unless, in the context of assignments and transfers or 
reportable eligibility events, unjust enrichment issues are implicated.
    108. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census data for 2012 show that there were 967 firms that operated for 
the entire year. Of this total, 955 firms had employment of 999 or 
fewer employees and 12 had employment of 1,000 employees or more. Thus, 
under this category and the associated size standard, the Commission 
estimates that the majority of wireless telecommunications carriers 
(except satellite) are small entities.
    109. The Commission's own data--available in its Universal 
Licensing System--indicate that, as of August 31, 2018, there are 265 
Cellular licensees that will be affected by the Commission's actions. 
The Commission does not know how many of these licensees are small, as 
the Commission does not collect that information for these types of 
entities. Similarly, according to internally-developed Commission data, 
413 carriers reported that they were engaged in the provision of 
wireless telephony, including cellular service, Personal Communications 
Service (PCS), and Specialized Mobile Radio (SMR) Telephony services. 
Of this total, an estimated 261 have 1,500 or fewer employees, and 152 
have more than 1,500 employees. Thus, using available data, the 
Commission estimates that the majority of wireless firms can be 
considered small.
    110. Wireless Communications Services. This service can be used for 
fixed, mobile, radiolocation, and digital audio broadcasting satellite 
uses. The Commission defined ``small business'' for the wireless 
communications services (WCS) auction as an entity with average gross 
revenues of $40 million for each of the three preceding years, and a 
``very small business'' as an entity with average gross revenues of $15 
million for each of the three preceding years. The SBA has approved 
these small business size standards. In the Commission's auction for 
geographic area licenses in the WCS, there were seven winning bidders 
that qualified as ``very small business'' entities and one that 
qualified as a ``small business'' entity.
    111. 1670-1675 MHz Services. This service can be used for fixed and 
mobile uses, except aeronautical mobile. An auction for one license in 
the 1670-1675 MHz band was conducted in 2003. One license was awarded. 
The winning bidder was not a small entity.
    112. Wireless Telephony. Wireless telephony includes cellular, 
personal communications services, and specialized mobile radio 
telephony carriers. The closest applicable SBA category is Wireless 
Telecommunications Carriers (except Satellite). Under the SBA small 
business size standard, a business is small if it has 1,500 or fewer 
employees. For this industry, U.S. Census Bureau data for 2012 show 
that there were 967 firms that operated for the entire year. Of this 
total, 955 firms had fewer than 1,000 employees and 12 firms had 1,000 
employees or more. Thus, under this category and the associated size 
standard, the Commission estimates that a majority of these entities 
can be considered small. According to Commission data, 413 carriers 
reported that they were engaged in wireless telephony. Of these, an 
estimated 261 have 1,500 or fewer employees and 152 have more than 
1,500 employees. Therefore, more than half of these entities can be 
considered small.
    113. Broadband Personal Communications Service. The broadband 
personal communications services (PCS) spectrum is divided into six 
frequency blocks designated A through F, and the Commission has held 
auctions for each block. The Commission initially defined a ``small 
business'' for C- and F-Block licenses as an entity that has average 
gross revenues of $40 million or less in the three previous calendar 
years. For F-Block licenses, an additional small business size standard 
for ``very small business'' was added and is defined as an entity that, 
together with its affiliates, has average gross revenues of not more 
than $15 million for the preceding three calendar years. These 
standards, defining ``small entity'' in the context of broadband PCS 
auctions, have been approved by the SBA. No small businesses within the 
SBA-approved small business size standards bid successfully for 
licenses in Blocks A and B. There were 90 winning bidders that claimed 
small business status in the first two C-Block auctions. A total of 93 
bidders that claimed small business status won approximately 40% of the 
1,479 licenses in the first auction for the D, E, and F Blocks. On 
April 15, 1999, the Commission completed the reauction of 347 C-, D-, 
E-, and F-Block licenses in Auction No. 22. Of the 57 winning bidders 
in that auction, 48 claimed small business status and won 277 licenses.
    114. On January 26, 2001, the Commission completed the auction of 
422 C and F Block Broadband PCS licenses in Auction No. 35. Of the 35 
winning bidders in that auction, 29 claimed small business status. 
Subsequent events concerning Auction 35, including judicial and agency 
determinations, resulted in a total of 163 C and F Block licenses being 
available for grant. On February 15, 2005, the Commission completed an 
auction of 242 C-, D-, E-, and F-Block licenses in Auction No. 58. Of 
the 24 winning bidders in that auction, 16 claimed small business 
status and won 156 licenses. On May 21, 2007, the Commission completed 
an auction of 33 licenses in the A, C, and F Blocks in Auction No. 71. 
Of the 12 winning bidders in that auction, five claimed small business 
status and won 18 licenses. On August 20, 2008, the Commission 
completed the auction of 20 C-, D-, E-, and F-Block Broadband PCS 
licenses in Auction No. 78. Of the eight winning bidders for Broadband 
PCS licenses in that auction, six claimed small business status and won 
14 licenses.
    115. Specialized Mobile Radio Licenses. The Commission awards 
``small entity'' bidding credits in auctions for Specialized Mobile 
Radio (SMR) geographic area licenses in the 800 MHz and 900 MHz bands 
to firms that had revenues of no more than $15 million in each of the 
three previous calendar years. The Commission awards ``very small 
entity'' bidding credits to firms that had revenues of no more than $3 
million in each of the three previous calendar years. The SBA has 
approved these small business size standards for the 900 MHz Service. 
The Commission has held auctions for geographic area licenses in the 
800 MHz and 900 MHz bands. The 900 MHz SMR auction began on December 5, 
1995, and closed on April 15, 1996. Sixty bidders claiming that they 
qualified as small businesses under the $15 million size standard won 
263 geographic area licenses in the 900 MHz SMR band. The 800 MHz SMR 
auction for the upper 200 channels began on October 28, 1997, and was 
completed on December 8, 1997. Ten

[[Page 50903]]

bidders claiming that they qualified as small businesses under the $15 
million size standard won 38 geographic area licenses for the upper 200 
channels in the 800 MHz SMR band. A second auction for the 800 MHz band 
conducted in 2002 and included 23 BEA licenses. One bidder claiming 
small business status won five licenses.
    116. The auction of the 1,053 800 MHz SMR geographic area licenses 
for the General Category channels was conducted in 2000. Eleven bidders 
won 108 geographic area licenses for the General Category channels in 
the 800 MHz SMR band and qualified as small businesses under the $15 
million size standard. In an auction completed in 2000, a total of 
2,800 Economic Area licenses in the lower 80 channels of the 800 MHz 
SMR service were awarded. Of the 22 winning bidders, 19 claimed small 
business status and won 129 licenses. Thus, combining all four 
auctions, 41 winning bidders for geographic licenses in the 800 MHz SMR 
band claimed status as small businesses.
    117. In addition, there are numerous incumbent site-by-site SMR 
licenses and licensees with extended implementation authorizations in 
the 800 and 900 MHz bands. The Commission does not know how many firms 
provide 800 MHz or 900 MHz geographic area SMR service pursuant to 
extended implementation authorizations, nor how many of these providers 
have annual revenues of no more than $15 million. One firm has over $15 
million in revenues. In addition, the Commission does not know how many 
of these firms have 1,500 or fewer employees, which is the SBA-
determined size standard. The Commission assumes, for purposes of this 
analysis, that all of the remaining extended implementation 
authorizations are held by small entities, as defined by the SBA.
    118. Lower 700 MHz Band Licenses. The Commission previously adopted 
criteria for defining three groups of small businesses for purposes of 
determining their eligibility for special provisions such as bidding 
credits. The Commission defined a ``small business'' as an entity that, 
together with its affiliates and controlling principals, has average 
gross revenues not exceeding $40 million for the preceding three years. 
A ``very small business'' is defined as an entity that, together with 
its affiliates and controlling principals, has average gross revenues 
that are not more than $15 million for the preceding three years. 
Additionally, the lower 700 MHz Service had a third category of small 
business status for Metropolitan/Rural Service Area (MSA/RSA) 
licenses--``entrepreneur''--which is defined as an entity that, 
together with its affiliates and controlling principals, has average 
gross revenues that are not more than $3 million for the preceding 
three years. The SBA approved these small size standards. An auction of 
740 licenses (one license in each of the 734 MSAs/RSAs and one license 
in each of the six Economic Area Groupings (EAGs)) commenced on August 
27, 2002, and closed on September 18, 2002. Of the 740 licenses 
available for auction, 484 licenses were won by 102 winning bidders. 
Seventy-two of the winning bidders claimed small business, very small 
business, or entrepreneur status and won a total of 329 licenses. A 
second auction commenced on May 28, 2003, closed on June 13, 2003, and 
included 256 licenses: 5 EAG licenses and 476 Cellular Market Area 
licenses. Seventeen winning bidders claimed small or very small 
business status and won 60 licenses, and nine winning bidders claimed 
entrepreneur status and won 154 licenses. On July 26, 2005, the 
Commission completed an auction of 5 licenses in the Lower 700 MHz band 
(Auction No. 60). There were three winning bidders for five licenses. 
All three winning bidders claimed small business status.
    119. In 2007, the Commission reexamined its rules governing the 700 
MHz band in the 700 MHz Second Report and Order (72 FR 48814, Aug. 24, 
2007). An auction of 700 MHz licenses commenced January 24, 2008 and 
closed on March 18, 2008, which included, 176 Economic Area licenses in 
the A Block, 734 Cellular Market Area licenses in the B Block, and 176 
EA licenses in the E Block. Twenty winning bidders, claiming small 
business status (those with attributable average annual gross revenues 
that exceed $15 million and do not exceed $40 million for the preceding 
three years) won 49 licenses. Thirty-three winning bidders claiming 
very small business status (those with attributable average annual 
gross revenues that do not exceed $15 million for the preceding three 
years) won 325 licenses.
    120. Upper 700 MHz Band Licenses. In the 700 MHz Second Report and 
Order, the Commission revised its rules regarding Upper 700 MHz 
licenses. On January 24, 2008, the Commission commenced Auction 73 in 
which several licenses in the Upper 700 MHz band were available for 
licensing: 12 Regional Economic Area Grouping licenses in the C Block 
and one nationwide license in the D Block. The auction concluded on 
March 18, 2008, with three winning bidders claiming very small business 
status (those with attributable average annual gross revenues that do 
not exceed $15 million for the preceding three years) and winning five 
licenses.
    121. 700 MHz Guard Band Licensees. In 2000, in the 700 MHz Guard 
Band Order (65 FR 17594, April 4, 2000), the Commission adopted size 
standards for ``small businesses'' and ``very small businesses'' for 
purposes of determining their eligibility for special provisions such 
as bidding credits and installment payments. A small business in this 
service is an entity that, together with its affiliates and controlling 
principals, has average gross revenues not exceeding $40 million for 
the preceding three years. Additionally, a very small business is an 
entity that, together with its affiliates and controlling principals, 
has average gross revenues that are not more than $15 million for the 
preceding three years. SBA approval of these definitions is not 
required. An auction of 52 Major Economic Area licenses commenced on 
September 6, 2000, and closed on September 21, 2000. Of the 104 
licenses auctioned, 96 licenses were sold to nine bidders. Five of 
these bidders were small businesses that won a total of 26 licenses. A 
second auction of 700 MHz Guard Band licenses commenced on February 13, 
2001, and closed on February 21, 2001. All eight of the licenses 
auctioned were sold to three bidders. One of these bidders was a small 
business that won a total of two licenses.
    122. Air-Ground Radiotelephone Service. The Commission has 
previously used the SBA's small business size standard applicable to 
Wireless Telecommunications Carriers (except Satellite). The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms had fewer than 
1,000 employees and 12 had employment of 1,000 employees or more. There 
are approximately 100 licensees in the Air-Ground Radiotelephone 
Service, and the Commission estimates that almost all of them qualify 
as small entities under the SBA definition.
    123. For purposes of assigning Air-Ground Radiotelephone Service 
licenses through competitive bidding, the Commission has defined 
``small business'' as an entity that, together with controlling 
interests and affiliates, has average annual gross revenues for the 
preceding three years not exceeding $40 million. A ``very small 
business'' is defined as an entity that, together with

[[Page 50904]]

controlling interests and affiliates, has average annual gross revenues 
for the preceding three years not exceeding $15 million. These 
definitions were approved by the SBA. In May 2006, the Commission 
completed an auction of nationwide commercial Air-Ground Radiotelephone 
Service licenses in the 800 MHz band (Auction No. 65). On June 2, 2006, 
the auction closed with two winning bidders winning two Air-Ground 
Radiotelephone Services licenses. Neither of the winning bidders 
claimed small business status.
    124. AWS Services (1710-1755 MHz and 2110-2155 MHz bands (AWS-1); 
1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands 
(AWS-2); 2155-2175 MHz band (AWS-3)). For the AWS-1 bands, the 
Commission has defined a ``small business'' as an entity with average 
annual gross revenues for the preceding three years not exceeding $40 
million, and a ``very small business'' as an entity with average annual 
gross revenues for the preceding three years not exceeding $15 million. 
For AWS-2 and AWS-3, although the Commission does not know for certain 
which entities are likely to apply for these frequencies, the 
Commission notes that the AWS-1 bands are comparable to those used for 
cellular service and personal communications service. The Commission 
has not yet adopted size standards for the AWS-2 or AWS-3 bands but 
proposes to treat both AWS-2 and AWS-3 similarly to broadband PCS 
service and AWS-1 service due to the comparable capital requirements 
and other factors, such as issues involved in relocating incumbents and 
developing markets, technologies, and services.
    125. 3650-3700 MHz band. In March 2005, the Commission released a 
Report and Order and Memorandum Opinion and Order (70 FR 24712, May 11, 
2005) that provides for nationwide, non-exclusive licensing of 
terrestrial operations, using contention-based technologies, in the 
3650 MHz band (i.e., 3650-3700 MHz). As of April 2010, more than 1,270 
licenses have been granted and more than 7,433 sites have been 
registered. The Commission has not developed a definition of small 
entities applicable to 3650-3700 MHz band nationwide, non-exclusive 
licenses. However, the Commission estimates that the majority of these 
licensees are Internet Access Service Providers (ISPs) and that most of 
those licensees are small businesses.
    126. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. They also include the Local Multipoint Distribution Service 
(LMDS), the Digital Electronic Message Service (DEMS), and the 24 GHz 
Service, where licensees can choose between common carrier and non-
common carrier status. At present, there are approximately 36,708 
common carrier fixed licensees and 59,291 private operational-fixed 
licensees and broadcast auxiliary radio licensees in the microwave 
services. There are approximately 135 LMDS licensees, three DEMS 
licensees, and three 24 GHz licensees. The Commission has not yet 
defined a small business with respect to microwave services. The 
closest applicable SBA category is Wireless Telecommunications Carriers 
(except Satellite) and the appropriate size standard for this category 
under SBA rules is that such a business is small if it has 1,500 or 
fewer employees. For this industry, U.S. Census Bureau data for 2012 
show that there were 967 firms that operated for the entire year. Of 
this total, 955 firms had fewer than 1,000 employees and 12 had 
employment of 1,000 employees or more. Thus, under this SBA category 
and the associated size standard, the Commission estimates that a 
majority of fixed microwave service licensees can be considered small.
    127. The Commission does not have data specifying the number of 
these licensees that have more than 1,500 employees, and thus is unable 
at this time to estimate with greater precision the number of fixed 
microwave service licensees that would qualify as small business 
concerns under the SBA's small business size standard. Consequently, 
the Commission estimates that there are up to 36,708 common carrier 
fixed licensees and up to 59,291 private operational-fixed licensees 
and broadcast auxiliary radio licensees in the microwave services that 
may be small and may be affected by the rules and policies adopted 
herein. The Commission notes, however, that the common carrier 
microwave fixed licensee category does include some large entities.
    128. Broadband Radio Service and Educational Broadband Service. 
Broadband Radio Service systems, previously referred to as Multipoint 
Distribution Service (MDS) and Multichannel Multipoint Distribution 
Service (MMDS) systems and ``wireless cable,'' transmit video 
programming to subscribers and provide two-way high-speed data 
operations using the microwave frequencies of the Broadband Radio 
Service (BRS) and Educational Broadband Service (EBS) (previously 
referred to as the Instructional Television Fixed Service (ITFS)).
    129. BRS--In connection with the 1996 BRS auction, the Commission 
established a small business size standard as an entity that had annual 
average gross revenues of no more than $40 million in the previous 
three calendar years. The BRS auctions resulted in 67 successful 
bidders obtaining licensing opportunities for 493 Basic Trading Areas 
(BTAs). Of the 67 auction winners, 61 met the definition of a small 
business. BRS also includes licensees of stations authorized prior to 
the auction. At this time, the Commission estimates that of the 61 
small business BRS auction winners, 48 remain small business licensees. 
In addition to the 48 small businesses that hold BTA authorizations, 
there are approximately 392 incumbent BRS licensees that are considered 
small entities. After adding the number of small business auction 
licensees to the number of incumbent licensees not already counted, we 
find that there are currently approximately 440 BRS licensees that are 
defined as small businesses under either the SBA or the Commission's 
rules.
    130. In 2009, the Commission conducted Auction 86, the sale of 78 
licenses in the BRS areas. The Commission offered three levels of 
bidding credits: (1) A bidder with attributed average annual gross 
revenues that exceed $15 million and do not exceed $40 million for the 
preceding three years (small business) received a 15% discount on its 
winning bid; (2) a bidder with attributed average annual gross revenues 
that exceed $3 million and do not exceed $15 million for the preceding 
three years (very small business) received a 25% discount on its 
winning bid; and (3) a bidder with attributed average annual gross 
revenues that do not exceed $3 million for the preceding three years 
(entrepreneur) received a 35% discount on its winning bid. Auction 86 
concluded in 2009 with the sale of 61 licenses. Of the ten winning 
bidders, two bidders that claimed small business status won four 
licenses; one bidder that claimed very small business status won three 
licenses; and two bidders that claimed entrepreneur status won six 
licenses.
    131. EBS--The SBA's Cable Television Distribution Services small 
business size standard is applicable to EBS. There are presently 2,436 
EBS licensees. All but 100 of these licenses are held by educational 
institutions. Educational institutions are included in this analysis as 
small entities. Thus, the Commission estimates that at least 2,336 
licensees are small businesses. Since

[[Page 50905]]

2007, Cable Television Distribution Services have been defined within 
the broad economic census category of Wired Telecommunications 
Carriers. Wired Telecommunications Carriers are comprised of 
establishments primarily engaged in operating and/or providing access 
to transmission facilities and infrastructure that they own and/or 
lease for the transmission of voice, data, text, sound, and video using 
wired telecommunications networks. Transmission facilities may be based 
on a single technology or a combination of technologies.'' The SBA's 
small business size standard for this category is all such firms having 
1,500 or fewer employees. U.S. Census data for 2012 show that there 
were 3,117 firms that operated that year. Of this total, 3,083 operated 
with fewer than 1,000 employees. Thus, under this size standard, the 
majority of firms in this industry can be considered small.
4. Satellite Service Providers
    132. Satellite Telecommunications. This category comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The category has a small business size standard of 
$32.5 million or less in average annual receipts, under SBA rules. For 
this category, U.S. Census Bureau data for 2012 show that a total of 
333 firms operated for the entire year. Of this total, 299 firms had 
annual receipts of less than $25 million. Consequently, the Commission 
estimates that the majority of satellite telecommunications providers 
are small entities.
    133. All Other Telecommunications. The ``All Other 
Telecommunications'' category is comprised of establishments that are 
primarily engaged in providing specialized telecommunications services, 
such as satellite tracking, communications telemetry, and radar station 
operation. This industry also includes establishments primarily engaged 
in providing satellite terminal stations and associated facilities 
connected with one or more terrestrial systems and capable of 
transmitting telecommunications to, and receiving telecommunications 
from, satellite systems. Establishments providing internet services or 
voice over internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry. The 
SBA has developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less. For this category, U.S. 
Census Bureau data for 2012 show that there were 1,442 firms that 
operated for the entire year. Of these firms, a total of 1,400 had 
gross annual receipts of less than $25 million. Consequently, a 
majority of ``All Other Telecommunications'' firms potentially affected 
by the Commission's action can be considered small.
5. Cable Service Providers
    134. Because section 706 of the Act requires us to monitor the 
deployment of broadband using any technology, the Commission 
anticipates that some broadband service providers may not provide 
telephone service. Accordingly, the Commission describes below other 
types of firms that may provide broadband services, including cable 
companies, MDS providers, and utilities, among others.
    135. Cable and Other Subscription Programming. This industry 
comprises establishments primarily engaged in operating studios and 
facilities for the broadcasting of programs on a subscription or fee 
basis. The broadcast programming is typically narrowcast in nature 
(e.g. limited format, such as news, sports, education, or youth-
oriented). These establishments produce programming in their own 
facilities or acquire programming from external sources. The 
programming material is usually delivered to a third party, such as 
cable systems or direct-to-home satellite systems, for transmission to 
viewers. The SBA size standard for this industry establishes as small, 
any company in this category that has annual receipts of $38.5 million 
or less. According to 2012 U.S. Census Bureau data, 367 firms operated 
for the entire year. Of that number, 319 operated with annual receipts 
of less than $25 million a year and 48 firms operated with annual 
receipts of $25 million or more. Based on this data, the Commission 
estimates that the majority of firms operating in this industry are 
small.
    136. Cable Companies and Systems (Rate Regulation). The Commission 
has developed its own small business size standards for the purpose of 
cable rate regulation. Under the Commission's rules, a ``small cable 
company'' is one serving 400,000 or fewer subscribers nationwide. 
Industry data indicate that there are currently 4,600 active cable 
systems in the United States. Of this total, all but eleven cable 
operators nationwide are small under the 400,000-subscriber size 
standard. In addition, under the Commission's rate regulation rules, a 
``small system'' is a cable system serving 15,000 or fewer subscribers. 
Current Commission records show 4,600 cable systems nationwide. Of this 
total, 3,900 cable systems have fewer than 15,000 subscribers, and 700 
systems have 15,000 or more subscribers, based on the same records. 
Thus, under this standard as well, the Commission estimates that most 
cable systems are small entities.
    137. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, also contains a size standard 
for small cable system operators, which is ``a cable operator that, 
directly or through an affiliate, serves in the aggregate fewer than 1% 
of all subscribers in the United States and is not affiliated with any 
entity or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' There are approximately 52,403,705 cable video 
subscribers in the United States today. Accordingly, an operator 
serving fewer than 524,037 subscribers shall be deemed a small operator 
if its annual revenues, when combined with the total annual revenues of 
all its affiliates, do not exceed $250 million in the aggregate. Based 
on available data, the Commission finds that all but nine incumbent 
cable operators are small entities under this size standard. The 
Commission notes that the Commission neither requests nor collects 
information on whether cable system operators are affiliated with 
entities whose gross annual revenues exceed $250 million. Although it 
seems certain that some of these cable system operators are affiliated 
with entities whose gross annual revenues exceed $250 million, the 
Commission is unable at this time to estimate with greater precision 
the number of cable system operators that would qualify as small cable 
operators under the definition in the Communications Act.
6. All Other Telecommunications
    138. Electric Power Generators, Transmitters, and Distributors. 
This U.S. industry is comprised of establishments that are primarily 
engaged in providing specialized telecommunications services, such as 
satellite tracking, communications telemetry, and radar station 
operation. This industry also includes establishments primarily engaged 
in providing satellite terminal stations and associated facilities 
connected with one or more terrestrial systems and capable of 
transmitting telecommunications to, and receiving telecommunications 
from,

[[Page 50906]]

satellite systems. Establishments providing internet services or voice 
over internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry. The 
closest applicable SBA category is ``All Other Telecommunications.'' 
The SBA's small business size standard for ``All Other 
Telecommunications'' consists of all such firms with gross annual 
receipts of $32.5 million or less. For this category, U.S. Census data 
for 2012 show that there were 1,442 firms that operated for the entire 
year. Of these firms, a total of 1,400 had gross annual receipts of 
less than $25 million. Consequently, the Commission estimates that 
under this category and the associated size standard the majority of 
these firms can be considered small entities.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    139. The Commission expects the rules adopted in the Second Report 
and Order will impose new or additional reporting, recordkeeping, and/
or other compliance obligations on small entities. The Commission 
establishes reporting and disclosure requirements for fixed and mobile 
broadband providers, filing and certification requirements. In an 
effort to comply with the Broadband DATA Act and develop better 
quality, more useful, and more granular broadband deployment data to 
advance the Commission's statutory obligations, it concludes it is 
necessary to adopt these rules to produce broadband deployment maps 
that will allow the Commission to precisely target scarce universal 
service dollars to where broadband service is lacking. The Commission 
is cognizant of the need to ensure that the benefits resulting from use 
of the data outweigh the reporting burdens imposed on filers and 
believe the establishment of the broadband serviceable location fabric 
will benefit small entities as well as other providers. Further, the 
Broadband DATA Act requires the Commission to collect from each mobile 
broadband internet access service provider propagation maps and 
propagation model details that indicate coverage based on specified 
parameters which the Commission concludes will improve the accuracy and 
reliability of the mobile broadband data the Commission collects. The 
Commission also adopts requirements to collect crowdsourced data. The 
Commission finds that any additional burdens imposed by the 
Commission's revised reporting approach for providers in comparison are 
outweighed by the significant benefit to be gained from more precise 
broadband deployment data. Although the Commission cannot quantify the 
cost of compliance with the requirements in the Second Report and 
Order, the Commission believes the reporting requirements are necessary 
to comply with the Broadband DATA Act and complete accurate broadband 
coverage maps.

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    140. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its approach, which may include the following four 
alternatives (among others): (1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities. The 
Commission's actions in the Second Report and Order are primarily in 
response to the legislative enactment of the Broadband DATA Act and to 
develop better quality, more useful, and more granular broadband 
deployment data. In considering the comments in the record, the 
Commission was mindful of the time, money, and resources that some 
small entities incur to complete these requirements.

G. Report to Congress

    141. The Commission will send a copy of the Second Report and 
Order, including this FRFA, in a report to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Second Report and Order, including this FRFA, to the Chief 
Counsel for Advocacy of the SBA.

V. Procedural Matters

    142. Final Regulatory Flexibility Analysis. The Regulatory 
Flexibility Act (RFA) requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Accordingly, the Commission has prepared a Final Regulatory 
Flexibility Analysis (FRFA) concerning the possible impact of the rule 
changes contained in this Second Report and Order on small entities.
    143. Paperwork Reduction Act. The initial rulemaking required under 
the Broadband DATA Act is exempt from review by OMB and from the 
requirements of the Paperwork Reduction Act of 1995 (PRA), Public Law 
104-13. As a result, the Second Report and Order will not be submitted 
to OMB for review under section 3507(d) of the PRA.
    144. Congressional Review Act. The Commission has determined, and 
the Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs, that this rule is non-major 
under the Congressional Review Act, 5 U.S.C. 804(2), because it is 
promulgated under the Telecommunications Act of 1996 and the amendments 
made by that Act. The Commission will send a copy of this Second Report 
and Order to Congress and the Government Accountability Office pursuant 
to 5 U.S.C. 801(a)(1)(A).

VI. Ordering Clauses

    145. Accordingly, it is ordered that, pursuant to sections 1-4, 7, 
201, 254, 301, 303, 309, 319, 332, and 641-646 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151-154, 157, 201, 254, 301, 303, 
309, 319, 332, and 641-646, this Second Report and Order is adopted.
    146. It is further ordered that part 1 of the Commission's rules is 
amended as set forth in the Final Rules.
    147. It is further ordered that the Second Report and Order shall 
be effective 30 days after publication in the Federal Register.
    148. It is further ordered that the Commission's Consumer & 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Second Report and Order to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure, Broadband, Reporting and 
recordkeeping requirements, Telecommunications.

    Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

[[Page 50907]]

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461, unless 
otherwise noted.


0
2. Revise Sec.  1.7000 to read as follows:


Sec.  1.7000   Purpose.

    The purposes of this subpart are to set out the terms by which 
certain commercial and government-controlled entities report data to 
the Commission concerning:
    (a) The provision of wired and wireless local telephone services 
and interconnected Voice over internet Protocol services;
    (b) The deployment of advanced telecommunications capability, as 
defined in 47 U.S.C. 1302, and services that are competitive with 
advanced telecommunications capability; and
    (c) The availability and quality of service of broadband internet 
access service.

0
3. Amend Sec.  1.7001 by adding paragraphs (a)(6) through (19) to read 
as follows:


Sec.  1.7001  Scope and content of filed reports.

    (a) * * *
    (6) Broadband internet access service. Has the meaning given the 
term in Sec.  8.1(b) of this chapter.
    (7) Broadband map. The map created by the Commission under 47 
U.S.C. 642(c)(1)(A).
    (8) Cell edge probability. 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.
    (9) Cell loading. The percentage of the available air interface 
resources of a base station that are used by consumers with respect to 
broadband internet access service.
    (10) Clutter. A natural or man-made surface feature that affects 
the propagation of a signal from a base station.
    (11) Fabric. The Broadband Serviceable Location Fabric established 
under 47 U.S.C. 642(b)(1)(B).
    (12) FCC Form 477. Form 477 of the Commission relating to local 
telephone competition and broadband reporting.
    (13) Indian Tribe. Has the meaning given the term ``Indian tribe'' 
in section 4 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304).
    (14) Mobility Fund Phase II. 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).
    (15) Propagation model. A mathematical formulation for the 
characterization of radio wave propagation as a function of frequency, 
distance, and other conditions.
    (16) Provider. A provider of fixed or mobile broadband internet 
access service.
    (17) Quality of service. With respect to broadband internet access 
service, the download and upload speeds, and latency if applicable, 
with respect to that service, as determined by, and to the extent 
otherwise collected by, the Commission.
    (18) Shapefile. A digital storage format containing geospatial or 
location-based data and attribute information regarding the 
availability of broadband internet access service and that can be 
viewed, edited, and mapped in geographic information system software.
    (19) Standard broadband installation. The initiation by a provider 
of fixed broadband internet access service in an area in which the 
provider has not previously offered that service, with no charges or 
delays attributable to the extension of the network of the provider, 
and 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.
* * * * *

0
4. Add Sec. Sec.  1.7004 through 1.7010 to read as follows:

Subpart V--Commission Collection of Advanced Telecommunications 
Capability Data and Local Exchange Competition Data

* * * * *
Sec.
1.7004 Scope, content, and frequency of Digital Opportunity Data 
Collection filings.
1.7005 Disclosure of data in the Fabric and Digital Opportunity Data 
Collection filings.
1.7006 Data verification.
1.7007 Establishing the Fabric.
1.7008 Creation of broadband internet access service coverage maps.
1.7009 Enforcement.
1.7010 Authority to update the Digital Opportunity Data Collection.
* * * * *


Sec.  1.7004   Scope, content, and frequency of Digital Opportunity 
Data Collection filings.

    (a) All providers shall make biannual filings with the Commission 
in the Digital Opportunity Data Collection portal in accordance with 
this subpart.
    (b) Digital Opportunity Data Collection filings shall be made each 
year on or before March 1 (reporting data as of December 31 of the 
prior year) and September 1 (reporting data as of June 30 of the 
current year). Providers becoming subject to the provisions of this 
section for the first time shall file data initially for the reporting 
period in which they become eligible.
    (c) Providers shall include in their filings data relating to the 
availability and quality of service of their broadband internet access 
service in accordance with this subpart.
    (1) Each provider of terrestrial fixed or satellite broadband 
internet access service shall submit polygon shapefiles or a list of 
addresses or locations, and each provider of fixed wireless broadband 
internet access service shall submit propagation maps and model details 
that reflect the speeds and latency of its service or a list of 
addresses or locations, that document the areas where the provider has 
actually built out its broadband network infrastructure, such that the 
provider is able to provide service, and where the provider is capable 
of performing a standard broadband installation. Each provider's 
submission shall include the details of how it generated its polygon 
shapefiles, propagation maps and model details, or list of addresses or 
locations.
    (i) Terrestrial fixed providers using certain wireline technologies 
may not report coverage that exceeds a defined maximum distance from an 
aggregation point, including the drop distance, or that exceeds 500 
feet from a deployed line or distribution network infrastructure to the 
parcel boundary of a served location.
    (A) Terrestrial fixed providers using Digital Subscriber Line 
technology shall not report coverage that exceeds 6,600 route feet from 
the digital subscriber line access multiplexer to the customer premises 
for speeds offered at or above 25 Mbps downstream, 3 Mbps upstream. 
Providers that offer Digital Subscriber Line service in areas at speeds 
less than 25 Mbps downstream, 3 Mbps upstream shall not be subject to a 
maximum buffer requirement for such areas.
    (B) Terrestrial fixed providers using Fiber to the Premises 
technology shall not report coverage that exceeds 196,000 route feet 
from the optical line termination point to the optical network 
termination point.
    (C) Terrestrial fixed providers using Hybrid Fiber Coaxial Cable 
technology shall not report coverage that exceeds 12,000 route feet 
from the aggregation point to the customer premises.

[[Page 50908]]

    (D) Locations can be reported as served beyond the maximum 
distances to the extent that:
    (1) A provider has a current subscriber at a location beyond the 
bounds of the applicable maximum distance;
    (2) A provider previously had a broadband subscriber, using the 
same technology, at a location beyond the bounds of the maximum 
distance;
    (3) A provider is receiving or has received universal service 
support to provide broadband service in a particular geographic area--
or has other Federal, state, or local obligations to make service 
available in the area--and the provider has begun to make service 
available in that area; or
    (4) A provider receives a waiver to report coverage beyond the 
maximum distances.
    (ii) Fixed wireless service providers that submit coverage maps 
shall submit propagation maps and propagation model details based on 
the following parameters:
    (A) A cell edge probability of not less than 75% of receiving the 
maximum advertised download and upload speeds;
    (B) A cell loading factor of not less than 50%; and
    (C) Receiver heights within a range of four to seven meters.
    (2) Fixed wireless service providers that submit coverage maps 
shall provide the following information with their propagation maps and 
model details:
    (i) The name of the radio network planning tool(s) used, along with 
information including:
    (A) The version number of the planning tool;
    (B) The name of the planning tool's developer;
    (C) The granularity of the model (e.g., 3-arc-second square 
points); and
    (D) Affirmation that the coverage model has been validated and 
calibrated at least one time using on the ground testing and/or other 
real-world measurements completed by the provider or its vendor.
    (ii) The following base station information:
    (A) Frequency band(s) used to provide the service being mapped;
    (B) Information about whether and how carrier aggregation is used;
    (C) The radio technologies used on each frequency band (e.g., 
802.11ac-derived orthogonal frequency division multiplexing modulation 
(OFDM), proprietary OFDM, long-term evolution (LTE)); and
    (D) The elevation above ground for each base station.
    (iii) The following terrain and clutter information:
    (A) The name and vintage of the datasets used;
    (B) The resolution of clutter data;
    (C) A list of clutter categories used with a description of each; 
and
    (D) The link budget and a description of the other parameters used 
in the propagation model, including predicted signal strength.
    (iv) Information on the height and power values used for receivers/
customer premises equipment (CPE) antennas in their modeling (height 
must be within a range of four to seven meters).
    (3) Mobile providers must submit coverage maps based on the 
following specified parameters:
    (i) For 3G services--a minimum expected user download speed of 200 
kbps and user upload speed of 50 kbps at the cell edge; for 4G LTE 
services--a minimum expected user download speed of 5 Mbps and user 
upload speed of 1 Mbps at the cell edge; for 5G-NR services--a minimum 
expected user download speed of 7 Mbps and user upload speed of 1 Mbps, 
and a minimum expected user download speed of 35 Mbps and user upload 
speed of 3 Mbps at the cell edge.
    (ii) For each of the mobile broadband technologies, 3G, 4G LTE, and 
5G-NR, and for mobile voice services, the provider's coverage maps must 
reflect coverage areas where users should expect to receive the minimum 
required download and upload speeds with cell edge coverage probability 
of not less than 90% and a cell loading of not less than 50%.
    (iii) For each of the mobile broadband technologies, 3G, 4G LTE, 
and 5G-NR, and for mobile voice services, the provider's coverage maps 
must account for terrain and clutter and use terrain and clutter data 
with a resolution of 100 meters or better. Each coverage map must have 
a resolution of 100 meters or better.
    (iv) For each of the mobile broadband technologies, 3G, 4G LTE, and 
5G-NR, and for mobile voice services, the provider's coverage maps must 
be submitted in vector format.
    (4) Mobile providers must disclose the following information 
regarding their radio network planning tools:
    (i) The name of the planning tool;
    (ii) The version number used to produce the map;
    (iii) The name of the developer of the planning tool;
    (iv) Affirmation that the coverage model has been validated and 
calibrated at least one time using drive test and/or other real-world 
measurements completed by the provider or its vendors, to include a 
brief summary of the process and date of calibration; and
    (v) The propagation model or models used. If multiple models are 
used, the provider should include a brief description of the 
circumstances under which each model is deployed (e.g., model X is used 
in urban areas, while model Y is used in rural areas) and include any 
sites where conditions deviate; and
    (vi) The granularity of the models used (e.g., 3-arc-second square 
points, bin sizes, and other parameters).
    (5) Propagation maps submitted by providers must depict outdoor 
coverage, to include both on-street or pedestrian stationary usage, and 
in-vehicle mobile usage.
    (6) Mobile providers must disclose all applicable link-budgets used 
to design their networks and provide service at the defined speeds, and 
all parameters and parameter values included in those link budgets, 
including the following information:
    (i) A description of how the provider developed the link budget(s) 
and the rationale for using specific values in the link budget(s); and
    (ii) The name of the creator, developer or supplier, as well as the 
vintage of the terrain and clutter datasets used, the specific 
resolution of the data, and a list of clutter categories used, a 
description of each clutter category, and a description of the 
propagation loss due to clutter for each.
    (7) For each of the categories of data providers must disclose to 
the Commission, providers must submit reasonable parameter values and 
propagation models consistent with how they model their services when 
designing their networks. In no case may any provider omit link budget 
parameters or otherwise fail to account for constraints on their 
coverage projections.
    (d) Providers shall include in each Digital Opportunity Data 
Collection filing a certification signed by a corporate officer of the 
provider that the officer has examined the information contained in the 
submission and that, to the best of the officer's actual knowledge, 
information, and belief, all statements of fact contained in the 
submission are true and correct.


Sec.  1.7005   Disclosure of data in the Fabric and Digital Opportunity 
Data Collection filings.

    (a) The Commission shall protect the security, privacy, and 
confidentiality of non-public or competitively sensitive information 
submitted by entities or individuals, including information contained 
in the Fabric, the dataset

[[Page 50909]]

supporting the Fabric, and availability data submitted pursuant to 
Sec.  1.7004, by:
    (1) Withholding from public inspection all data required to be kept 
confidential pursuant to Sec.  0.457 of this chapter and all personally 
identifiable information submitted in connection with the information 
contained in the Fabric, the dataset supporting the Fabric, and 
availability data submitted pursuant to Sec.  1.7004; and
    (2) Subject to contractual or license restrictions, making public 
all other information received about the status of broadband internet 
access service availability at specific locations, including geographic 
coordinates and street addresses, whether a provider has reported 
availability at a location, and whether an entity or individual has 
disputed a report of broadband internet access service availability at 
such location.
    (b) Providers may request that provider-specific subscription 
information in Digital Opportunity Data Act filings be treated as 
confidential and be withheld from public inspection by so indicating on 
the filing at the time that they submit such data.
    (c) Providers seeking confidential treatment of any other data 
contained in their Digital Opportunity Data Collection filings must 
submit a request that the data be treated as confidential with the 
submission of their filing, along with their reasons for withholding 
the information from the public, pursuant to Sec.  0.459 of this 
chapter.
    (d) The Commission shall make all decisions regarding non-
disclosure of provider-specific information.
    (e) The Commission shall release the following information in 
Digital Opportunity Data Collection filings to the public, and 
providers may not request confidential treatment of such information:
    (1) Provider-specific mobile deployment data;
    (2) Data regarding minimum advertised or expected speed for mobile 
broadband internet access services; and
    (3) Location information that is necessary to permit accurate 
broadband mapping, including as part of the crowdsourcing or challenge 
processes.


Sec.  1.7006   Data verification.

    (a) Audits. The Commission shall conduct regular audits of the 
information submitted by providers in their Digital Opportunity Data 
Collection filings. The audits:
    (1) May be random, as determined by the Commission; or
    (2) Can be required in cases where there may be patterns of filing 
incorrect information, as determined by the Commission.
    (b) Crowdsourcing process. Entities or individuals may submit in 
the Commission's online portal specific information regarding the 
deployment and availability of broadband internet access service so 
that it may be used to verify and supplement information submitted by 
providers for potential inclusion in the coverage maps.
    (1) Crowdsourced data filers shall provide:
    (i) Contact information of the filer (e.g., name, address, phone 
number, and email);
    (ii) The location that is the subject of the filing, including the 
street address and/or coordinates (latitude and longitude) of the 
location;
    (iii) The name of the provider;
    (iv) Any relevant details disputing the deployment and availability 
of broadband internet access service at the location; and
    (v) A certification that to the best of the filer's actual 
knowledge, information, and belief, all statements in the filing are 
true and correct.
    (2) The online portal shall notify a provider of a crowdsourced 
data filing against it, but a provider is not required to respond to a 
crowdsourced data filing.
    (3) If, as a result of a crowdsourced data filing, the Commission 
determines that a provider's Digital Opportunity Data Collection 
information is not accurate, then the provider shall refile updated and 
corrected data information within 30 days of agreeing with the 
Commission's determination. Providers are allowed to bundle multiple 
crowdsourced corrections into one filing during a 30-day period.
    (4) All information submitted as part of the crowdsourcing process 
shall be made public, with the exception of personally identifiable 
information and any data required to be confidential under Sec.  0.457 
of this chapter.


Sec.  1.7007   Establishing the Fabric.

    (a) The Commission shall create the Fabric, a common dataset of all 
locations in the United States where fixed broadband internet access 
service can be installed. The Fabric shall:
    (1) Contain geocoded information for each location where fixed 
broadband internet access service can be installed;
    (2) Serve as the foundation upon which all data relating to the 
availability of fixed broadband internet access service collected 
pursuant to the Digital Opportunity Data Collection shall be overlaid;
    (3) Be compatible with commonly used Geographical Information 
Systems (GIS) software; and
    (4) Be updated every 6 months by the Commission.
    (b) The Commission shall prioritize implementing the Fabric for 
rural and insular areas of the United States.


Sec.  1.7008   Creation of broadband internet access service coverage 
maps.

    (a) After consultation with the Federal Geographic Data Committee, 
the Commission shall use the availability and quality of service data 
submitted by providers in the Digital Opportunity Data Collection to 
create:
    (1) The Broadband Map, which shall depict areas of the country that 
remain unserved by providers and depict the extent of availability of 
broadband internet access service;
    (2) A map that depicts the availability of fixed broadband internet 
access service; and
    (3) A map that depicts the availability of mobile broadband 
internet access service.
    (b) The Commission shall use the maps created in paragraph (a) of 
this section to determine areas where broadband internet access service 
is and is not available and when making any funding award for broadband 
internet access service deployment for residential and mobile 
customers.
    (c) Based on the most recent Digital Opportunity Data Collection 
information collected from providers, the Commission shall update the 
maps created in paragraph (a) of this section at least biannually using 
the data collected from providers.
    (d)(1) The Commission shall develop a process through which it can 
collect verified data for use in the coverage maps from:
    (i) State, local, and Tribal entities primarily responsible for 
mapping or tracking broadband internet access service coverage in their 
areas;
    (ii) Third parties, if the Commission determines it is in the 
public interest to use their data in the development of the coverage 
maps or the verification of data submitted by providers; and
    (iii) Other Federal agencies.
    (2) Such government entities and third parties shall follow the 
same filing process as providers submitting their broadband internet 
access service data in the Digital Opportunity Data Collection portal.


Sec.  1.7009   Enforcement.

    (a) It shall be unlawful for an entity or individual to willfully 
and knowingly, or recklessly, submit information or data as part of the 
Digital Opportunity Data Collection that is materially inaccurate or 
incomplete with respect to the availability or the

[[Page 50910]]

quality of broadband internet access service.
    (b) [Reserved]


Sec.  1.7010   Authority to update the Digital Opportunity Data 
Collection.

    The International Bureau, Wireless Telecommunications Bureau, 
Wireline Competition Bureau, and Office of Economics and Analytics may 
update the specific format of data to be submitted pursuant to the 
Digital Opportunity Data Collection to reflect changes over time in 
Geographical Information Systems (GIS) and other data storage and 
processing functionalities and may implement any technical improvements 
or other clarifications to the filing mechanism and forms.

[FR Doc. 2020-17633 Filed 8-17-20; 8:45 am]
BILLING CODE 6712-01-P