50886 Federal Register / Vol. 85, No. 160 / Tuesday, August 18, 2020 / Final Rule

FEDERAL COMMUNICATIONS docs.fcc.gov/public/attachments/FCC- adopting specific coverage reporting and COMMISSION 20-94A1.pdf. disclosure requirements for fixed and mobile broadband providers, filing and Synopsis 47 CFR Part 1 certification requirements, measures for I. Introduction [WC Docket Nos. 11–10 and 19–195; FCC determining the accuracy of broadband 20–94; FRS 16994] 1. Closing the digital divide and availability data (including audits and connecting every American to collecting crowdsourced data), Establishing the Digital Opportunity broadband no matter where he or she standards for collecting and Data Collection; Modernizing the FCC lives is the Commission’s highest incorporating verified data for use in the Form 477 Data Program priority. But to bring broadband to every coverage maps from governmental unserved part of the country means entities and certain third parties, and AGENCY: Federal Communications establishing the Broadband Serviceable Commission. knowing where broadband is available, and where it is not. The Commission Location Fabric (Fabric). In the Third ACTION: Final rule. has made significant advances in Further Notice of Proposed Rulemaking bringing broadband to areas that the (Third FNPRM), published elsewhere in SUMMARY: In this document, a Second this issue of the Federal Register, the Report and Order adopted by the Commission’s current data show are wholly unserved. To maintain that Commission also seeks comment on Commission establishes important several narrow issues relating to measures for developing improved momentum, the Commission needs more granular, precise maps that will implementing the challenge and broadband data, including requiring verification processes for coverage data, allow it to target support to Americans fixed wireline and satellite providers to implementing the Fabric, and certain living in those areas where some, but submit shapefiles, or lists of addresses other specific requirements of the not all, have access. Accurate and or locations, representing where they Broadband DATA Act outside the scope precise broadband maps are of have customers or could install service of the Digital Opportunity Data enormous importance not only to the within 10 business days of a request; Collection Order and Further NPRM (84 Commission, but also other federal requiring terrestrial fixed wireless FR 43705, Aug. 21, 2019, and 84 FR policy makers, state policy makers, and providers to report their coverage areas 43764, Aug. 21, 2019). based on propagation maps and models consumers alike. This action follows the using prescribed parameters, or based pivotal step the Commission took in II. Background on lists of addresses or locations, to 2019 when it adopted the Digital 4. The Commission’s prior work define their specific coverage areas; Opportunity Data Collection, laying out collecting information about broadband requiring all fixed providers to provide a three-pronged approach to developing availability has a lengthy history details on the methodology used to a nationwide broadband map that will beginning in 2000 with FCC Form 477, determine their reported coverage; and have unprecedented detail: internet originally a collection of subscription requiring mobile providers to submit service providers, who have the most and connection data for local telephone coverage maps and propagation model intimate knowledge of where their and broadband services. The details based on minimum specified networks reach, provide granular and Commission’s broadband data collection parameters and to disclose other detailed coverage data; that coverage efforts evolved over time, and in 2013 assumptions underlying the models. In data is compared against a fabric of the Commission adopted the current addition, the Second Report and Order locations that are, or could be, serviced Form 477 requirement that fixed service includes a provision for the Commission by a broadband connection; and providers report a list of census blocks to establish a common dataset of all consumers, plus state, local, and Tribal in which they provide access to locations in the United States where government entities, provide feedback broadband. That block-level reporting, fixed broadband service can be on the accuracy of the broadband while imperfect, was a valuable data installed—known as the ‘‘Broadband coverage data directly to the source that allowed the Commission to Serviceable Location Fabric.’’ The Commission. identify the least-served parts of the Second Report and Order also adopts 2. Congress has likewise recognized country and was incorporated into processes for verifying the accuracy of that accurate and granular maps are many Commission proceedings and providers’ broadband data, including essential to closing the digital divide. actions, including reporting to Congress the collection of crowdsourced data and Congress passed the Broadband DATA and the public about the availability of the use of regular audits to examine Act in March 2020, largely codifying the broadband services, informing provider data. Commission’s overall approach to the transaction reviews, and supporting the Digital Opportunity Data Collection. Commission’s universal service policies. DATES: Effective September 17, 2020. The Broadband DATA Act requires the However, in 2017, the Commission FOR FURTHER INFORMATION CONTACT: Commission, among other things, to recognized the need to collect and Wireline Competition Bureau, Kirk issue final rules for collecting granular develop better quality, more useful, and Burgee, at (202) 418–1599, Kirk.Burgee@ data from providers on the availability more granular broadband deployment fcc.gov, or Wireless and quality of broadband internet access data to inform the Commission’s Telecommunications Bureau, Garnet service, to create publicly available policymaking. Hanly, at (202) 418–0995, coverage maps, to establish processes 5. In August 2019, the Commission [email protected]. for members of the public and other recognized ‘‘a compelling and SUPPLEMENTARY INFORMATION: This is a entities to challenge and verify the immediate need’’ for better broadband summary of the Commission’s Second coverage maps, and to create a common deployment data, and adopted the Report and Order in WC Docket Nos. dataset of all locations where fixed Digital Opportunity Data Collection 11–10 and 19–195, FCC 20–94, adopted broadband internet access service can be Order and Further NPRM that: (1) July 16, 2020 and released July 17, 2020. installed. Established the Digital Opportunity Data The full text of this document is 3. This Second Report and Order Collection in order to obtain geospatial available for public inspection on the takes the next step in developing the broadband coverage maps from fixed Commission’s website at https:// new broadband coverage maps by broadband providers; (2) adopted a

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process to collect public input, from other federal agencies, and, if the are encompassed in the structure of the commonly known as ‘‘crowdsourcing,’’ Commission deems it in the public Broadband DATA Act. Indeed, Congress on the accuracy of fixed providers’ interest, from third parties; (4) establish recognized the value of the broadband maps; and (3) made targeted the Fabric to serve as a foundation on Commission’s earlier work on the changes to the existing Form 477 data which fixed broadband availability is Digital Opportunity Data Collection and collection to reduce reporting burdens overlaid; (5) establish a user-friendly provided that ‘‘[i]f the Commission, for all filers and to incorporate new challenge process through which the before the date of enactment of this title, technologies. The Commission also public and State, local, and Tribal has taken an action that, in whole or in indicated that it would pursue the governmental entities can challenge the part, implements this title, the development of a uniform national accuracy of the coverage maps, provider Commission shall not be required to locations dataset on which provider availability data, or information in the revisit such action to the extent that deployment data could be overlaid to Fabric; and (6) develop a process produce a highly accurate and precise through which entities or individuals in such action is consistent with this title.’’ picture of broadband deployment. The the United States may submit specific 10. However, certain requirements Digital Opportunity Data Collection information about the deployment and adopted in the Digital Opportunity Data Order and Further NPRM directed the availability of broadband internet access Collection Order and Further NPRM are Universal Service Administrative service in the United States on an inconsistent with the terms of the Company—the Administrator of the ongoing basis. The Broadband DATA statute. For example, it established a Commission’s Universal Service Fund— Act also requires that the Commission role for USAC to develop and maintain under the oversight of the Commission’s adopt rules that include uniform the infrastructure for accepting and Office of Economics and Analytics standards for reporting mobile and fixed managing submissions from service (OEA), the Wireline Competition Bureau broadband service availability data. providers, along with challenges and (WCB), the Wireless 8. Within 180 days of the effective crowdsourced data from consumers, date of those rules, the Commission also Telecommunications Bureau (WTB), government entities, and other third must reform the Form 477 broadband and the International Bureau (IB), to parties, which the Broadband DATA Act develop the portal for collecting the deployment collection in a manner that prohibits. In addition, although the broadband coverage maps from fixed achieves the purposes of the Broadband providers as well as public input on the DATA Act and that allows for the Commission lacks necessary funding to accuracy of the maps. comparison of data produced before and currently implement the Digital 6. At that time, the Commission also after the implementation of the Opportunity Data Collection maps sought comment on: (1) The additional Broadband DATA Act’s requirements. under the Broadband DATA Act, the technical standards for fixed broadband The Commission, after consulting with Commission takes steps to complete the providers that could ensure greater the Federal Geographic Data Committee, rulemaking required within the precision for the Digital Opportunity must create a map that depicts the statutory deadline and in anticipation of Data Collection deployment reporting; extent and availability of broadband receiving necessary funding in the (2) the ways in which the Commission internet access service in the United future so that the Commission can begin could incorporate crowdsourced and States, without regard to whether the developing these granular, precise location-specific fixed broadband service is fixed or mobile, as well as the broadband service availability maps as deployment data into the Digital areas of the United States that remain quickly as possible. Opportunity Data Collection; and (3) unserved (the Broadband Map). The 11. In light of these and other minor how the Commission could incorporate Commission also must create, in the collection of accurate, reliable consultation with the Federal inconsistencies, the Commission will mobile voice and broadband coverage Geographic Data Committee, certain not seek Paperwork Reduction Act data into the Digital Opportunity Data other coverage maps, which must depict approval for the part 54 rules adopted Collection. the extent of availability of fixed and in the Digital Opportunity Data 7. Following adoption of the Digital mobile broadband internet access Collection Order and Further NPRM. Opportunity Data Collection Order and services and the areas that remain Instead, the Commission adopts certain Further NPRM, Congress passed the unserved. The Commission must update measures to implement aspects of the Broadband DATA Act, which requires the maps at least biannually and make Broadband DATA Act for which the the Commission to take steps to improve them available to the public at an Commission has no discretion or that its broadband deployment data appropriate level of granularity and to are consistent with the Broadband collection and the related maps other federal agencies upon request. DATA Act and for which the documenting broadband availability in III. Second Report and Order Commission has a sufficient record in the United States. The Broadband this proceeding. The Commission also DATA Act requires the Commission, 9. Based on the record before us and seeks comment in the Third FNPRM on within 180 days of its enactment, to consistent with the requirements of the how best to implement the remaining Broadband DATA Act, in this Second issue final rules to: (1) Require the requirements in the Broadband DATA Report and Order the Commission takes biannual collection and dissemination Act through a new set of rules in of granular data relating to the steps to implement collection and accordance with the 180-day timetable availability and quality of service of verification requirements for fixed and fixed and mobile broadband internet mobile broadband service availability contemplated in the Act. The access service for the Commission to use and quality of service data. The Commission intends to implement the in conjunction with creating broadband Commission largely builds on the filing remaining requirements of the Act in coverage maps; (2) establish processes requirements it previously adopted or light of further comments received in for the Commission to verify and protect proposed for broadband service response to the Third FNPRM. The the data collected; (3) establish a providers, and comments submitted in Commission notes that the Act exempts process for collecting verified data for response to the Digital Opportunity Data this rulemaking from review of its use in the coverage maps from State, Collection Order and Further NPRM. information collection requirements local, and Tribal governmental entities, Many of the requirements and proposals under the Paperwork Reduction Act.

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

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

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

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parameter for the reporting of fixed Commission will require a fixed broadband data that the Commission wireless broadband availability using wireless provider to remove from its collects is granular and accurate, propagation maps and model details. In broadband availability data areas or consistent with the requirements and addition, the Commission adopts the locations that a successful challenge or purpose of the Broadband DATA Act. It use of a 50% cell loading factor, given Commission inquiry has shown to be will also promote participation from the that it is the value specified in the unserved by that provider. public and from other government Broadband DATA Act for mobile and 28. Although the Commission could entities and third parties to ensure that that there is no basis in the record for prescribe additional propagation the resulting maps are as accurate as using a different standard for fixed modeling parameters for fixed wireless possible. For example, interested parties wireless services. Finally, the providers, the Commission is concerned may be able to use this information to Commission requires fixed wireless that doing so would risk making the identify poorly calibrated propagation providers to use a receiver height value maps less accurate. The specific models which will obviate the need for ranging from four to seven meters in parameters the Commission adopts a lengthier case-by-case challenge their propagation modeling. USTelecom above will allow providers to use their process and give filers an opportunity to and WISPA claimed this range is internal modeling standards and correct their coverage data more reasonable for fixed wireless receiver practices in a way that will best reflect quickly. It similarly will provide heights and suggested that the the service they are capable of Commission staff with an opportunity to Commission establish it. The providing, and the service providers are identify possible concerns with filers’ Commission declines to adopt higher in the best position to determine where model parameters and most efficiently values for these elements of terrestrial their service is available. However, to target the Commission’s auditing and fixed wireless reporting, as suggested by facilitate public feedback, a robust verification efforts. At the same time, it NTCA and Vantage Point. USTelecom challenge process, and ease of analysis provides filers the greatest ability to and WISPA have demonstrated that by Commission staff, the Commission ensure their coverage data best reflects fixed wireless broadband service also adopts the USTelecom and WISPA the realities on the ground without providers’ control over both the base proposal to require fixed wireless being constrained to unnecessarily stations and receivers in their networks providers submitting propagation maps prescriptive modeling requirements that affords them more opportunity to make and propagation model details to could increase cost and burden with adjustments and take other steps that disclose several of the parameters and little consequent benefit to the accuracy will increase the likelihood of details used to create their propagation of broadband maps. consistent connections as compared maps and models. 31. USTelecom and WISPA assert that with mobile providers. NTCA and 29. First, service providers must certain categories of the information the identify the radio network planning Vantage Point have not meaningfully Commission is collecting from tool(s) used, along with information challenged USTelecom and WISPA’s terrestrial fixed wireless providers may including: (1) The name of the planning position in their comments, nor have be commercially sensitive or raise tool; (2) the version number of the they provided a justification for security concerns. Other information— planning tool; (3) the name of the imposing a higher loading factor on such as the frequency bands used to planning tool’s developer; (4) the fixed service reporting. provide service, carrier aggregation, granularity of the model (e.g., 3-arc- radio technologies used, terrain and 27. Like in the case of wireline fixed second square points); and (5) clutter information, base station broadband networks, the Commission affirmation that the coverage model has elevation, and CPE height and power also provides for certain exceptions for been validated and calibrated at least information—do not appear to raise serviceable locations outside the one time using on-the-ground testing confidentiality concerns. The coverage area depicted by a provider’s and/or other real-world measurements Commission will treat this information propagation model. Fixed wireless completed by the provider or its vendor. as presumptively public and will treat service providers must include locations Second, service providers must submit the remaining information as with current and former subscribers. In base station information including: (1) presumptively non-public. The the case of former subscribers, providers Frequency band(s) used to provide Commission believes there is a strong should not report those locations that service being mapped; (2) carrier public interest in having as much access they no longer believe to be serviceable aggregation; (3) radio technologies used to this information as possible in order due to subsequent changes in the on each band (e.g., 802.11ac-derived to facilitate public review and input on network. Likewise, if a provider is OFDM, proprietary OFDM, LTE); and (4) its accuracy, but the Commission receiving or has received universal elevation above ground for each base acknowledges the potential sensitivities service support to provide broadband station. Third, service providers must and believe this approach best balances service in a particular geographic area— submit information on the height and the two interests. or has other Federal, state, or local power values used for receivers/CPE obligations to make service available in antennas in their modeling (height must B. The Collection and Reporting of Data the area—and the provider has begun to be within a range of four to seven for Mobile Broadband Internet Access make service available in that area, then meters). Finally, service providers must Service the provider must include all of the submit terrain and clutter information 32. The Commission requires mobile deployed locations, regardless of including the name and vintage of the broadband providers to submit whether they are within or beyond the dataset used, the resolution of clutter propagation maps and propagation bounds of the maximum buffer. In data, and a list of clutter categories used model details based on minimum adopting these standards, the with a description of each, along with specified parameters. Service providers Commission confirms that the a description of the link budget and will be required to submit propagation availability of fixed wireless service at parameters including predicted signal maps reflecting technology-specific user a given location may ultimately be strength. download and upload speeds given determined through the challenge 30. The Commission believes that this prescribed minimum cell edge process and other determinations based information will assist us in probabilities, cell loading factors, and on facts on the ground. Therefore, the determining whether the fixed wireless modeling resolution. The Commission

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

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

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context, and represent a useful baseline 49. In addition, the Commission also for some providers. Requiring for mapping 3G mobile network requires providers to submit: (1) All submission of raster files would not coverage. In the Digital Opportunity applicable link-budgets used to design only increase burdens on service Data Collection Order and Further their networks and provide service at providers, but also expend significant NPRM, the Commission noted that the defined speeds, and all parameters Commission resources needed to commenters had previously expressed and parameter values included in those process the greater volume of data support for applying standardized link budgets; (2) a description of how associated with raster-formatted parameters to coverage maps for each the carrier developed its link budget(s) submissions. In addition, the mobile broadband technology, including and the rationale for using specific Commission finds that the evidence in 3G, and it asked commenters to refresh values in the link budget(s); and (3) the the record fails to demonstrate that the record on that issue. Although the name of the creator, developer or requiring providers to use raster format transition to networks capable of supplier, as well as the vintage of the for their submissions is necessary for supporting 5G technology is underway terrain and clutter datasets used, the the Commission to be able to verify nationwide, the Commission recognizes specific resolution of the data (subject to mobile broadband coverage. Instead, the that many mobile broadband network the minimum requirements adopted in Commission anticipates that the other service providers continue to operate 3G this Order), a list of clutter categories verification measures the Commission networks—particularly providers that used, a description of each clutter proposes in the Third FNPRM would be serve customers in rural areas of the category, and a description of the more useful for verifying provider country. propagation loss due to clutter for each. submissions. 51. Taken together, the Commission 48. Fourth, the Commission requires For each of the categories of required expects that the minimum parameter providers to disclose to the Commission data, the Commission requires providers values the Commission establishes will details of their propagation models and to submit reasonable parameter values improve the accuracy, comparability, of the link budgets they use for and propagation models consistent with and reliability of the mobile broadband modeling cell edge network throughput how they model their services when data it collects. As discussed above, the (both uplink and downlink). The designing their networks. In no case Broadband DATA Act gives the Mobility Fund Phase II Investigation may any provider omit link budget parameters or otherwise fail to account Commission the authority to adopt any Staff Report recommended that the other parameters it determines are Commission require providers to for constraints on their coverage projections. The Commission also necessary to create a map that is ‘‘more include detailed information in their precise than the map produced as a filing related to how they developed requires the above-described information be made public subject to result of the submissions under the their coverage maps, such as the Mobility Fund Phase II information locations and specific characteristics of individual requests for confidential treatment, so that it is available to those collection.’’ In accordance with this cell sites, the modeling software used, authority, the Commission directs OEA the entire link budget and values, and who wish to challenge provider- submitted coverage maps. and WTB to modify the speed, terrain source data. Commenters probability, and loading parameters as expressed support for requiring 50. The Commission requires service necessary to account for improvements providers to disclose similar providers to submit their coverage maps in mobile broadband service over time. information. The Commission agrees in vector format. There are two This will continue to allow the that requiring providers to submit predominant forms for storing and Commission to ensure the collection of detailed data about their propagation displaying map information digitally. accurate, comparable, and granular models and link budgets will help the Raster format provides a grid of broadband data maps in the future. Commission verify the accuracy of their individual points that, together, propagation models. Accordingly, the represent an image. Vector format C. Establishment of the Fabric Commission requires providers to produces an image by storing and 52. The Broadband DATA Act disclose the following information displaying a set of connected lines in requires the Commission to create ‘‘a regarding their radio network planning the form of the start and end points, common dataset of all locations in the tools: (1) The name of the planning tool; rather than the individual pixels of the United States where fixed broadband (2) the version number used to produce line as would be done with raster-format internet access service can be installed, the map; (3) the name of the developer data. When taken together, the set of as determined by the Commission.’’ The of the planning tool; (4) an affirmation lines form the boundaries for different Act also requires the Commission to that the coverage model has been colors within a map or, more generally, establish the Fabric, which must contain validated and calibrated at least one an image. While raster format arguably ‘‘geocoded information’’ for all of the time using drive test and/or other real- provides for more detail, it involves locations identified in the common world measurements completed by the significantly more data. There are dataset. In addition, the Fabric must provider or its vendors (the affirmation differing views in the record about serve as the foundation on which all should include a brief summary of the whether to require raster format. Some other fixed broadband internet access process used for calibration and date of commenters argue that raster format service availability data collected under calibration); (5) the propagation model would improve consistency and the Broadband DATA Act are layered, it or models used; and (6) the granularity comparability of provider data. Others must be compatible with commonly of the models used (e.g., 3-arc-second argue that requiring raster format would used geographic information system square points, bin sizes (subject to the be burdensome. The Commission finds (GIS) software, and the Commission baseline requirements adopted here), that requiring the submissions in vector must update the Fabric at least every six and other parameters). The Commission format will facilitate efficient and months. The Broadband DATA Act also also requires that propagation maps effective collection of data while prescribes constraints for the submitted by providers predict outdoor minimizing burdens for providers. The Commission in contracting for coverage, which should include both (1) Commission is not persuaded that the assistance in the creation of the Fabric. on-street or pedestrian stationary usage benefits of requiring raster format 53. In the Digital Opportunity Data and (2) in-vehicle mobile usage. outweigh the potential added burdens Collection Order and Further NPRM, the

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Commission stated its intention to announcing the initial filing deadline at submitted data, but note that USAC will develop a national, broadband- least six months prior to that deadline, not have a role in this process. Since serviceable location database, to be and fixed and mobile service providers HUBB data include location maintained by the Administrator, that must file their initial reports by that coordinates, the Commission will use would be incorporated into the Digital initial filing deadline. Finally, providers the data to cross-check any location data Opportunity Data Collection database. that become subject to the Digital submitted by fixed broadband providers In the Digital Opportunity Data Opportunity Data Collection filing or to determine whether any locations Collection Order and Further NPRM, the requirements after the initial filing served according to the HUBB are Commission sought comment on deadline must file data initially for the outside any service polygons submitted. multiple issues associated with the reporting period in which they become The Commission will require filers development and implementation of eligible. whose data in the HUBB conflict with such a database, including what kinds their availability data to submit E. Processes for Verifying Broadband of locations should be included as being conforming or corrective information Availability Data Submitted by ‘‘broadband-serviceable,’’ how locations after determining which information is Providers should be defined in the location in error. database, and how it should manage and 56. Pursuant to the Broadband DATA 2. Commission Audits verify the quality of the data. Act, the Commission adopts rules for 54. Consistent with the Commission’s processes through which it will be able 58. The Broadband DATA Act stated intentions in the Digital to ‘‘verify the accuracy and reliability’’ requires the Commission to ‘‘conduct Opportunity Data Collection Order and of the broadband internet access service regular audits of information submitted Further NPRM, and the substantially availability data submitted by providers. by providers . . . to ensure that the overlapping requirements of the In addition to the infrastructure data providers are complying with [the Broadband DATA Act, the Commission that fixed wireless providers must Act].’’ For all fixed providers, this adopts the Fabric, along with these basic submit to verify their network coverage information includes (1) the availability elements as required by the Act. data, the Commission also adopts (1) a of broadband internet access service; (2) Specifically, the Commission concludes process that uses data contained in the download and upload speeds and, if that the Fabric will consist of a single, Administrator’s High Cost Universal applicable, latency; and (3) location data nationwide fabric that will contain Broadband (HUBB) portal to cross-check that can be georeferenced in the Fabric. geocoded locations for all locations fixed broadband coverage data; (2) the For fixed wireless providers, such where a broadband connection can be use of audits as a means of verifying information includes any propagation installed. However, the Commission coverage data accuracy; (3) a maps and propagation model details, or finds that it is appropriate in the Third certification requirement for all lists of addresses or locations that FNPRM to seek additional comment on biannual provider submissions, and (4) constitute a provider’s service area. For certain aspects of developing the Fabric. processes for collecting crowdsourced terrestrial fixed and satellite providers, The Commission also notes that the and verified third-party data. The such information includes polygon Broadband DATA Act specifically Commission seeks comment in the shapefiles or a list of addresses or authorizes the Commission to contract Third FNPRM on other methods for locations that constitute a provider’s with an entity with GIS expertise to verifying the broadband availability and service area. For mobile providers, such create and maintain the Fabric, but the quality of service data submitted by information includes propagation maps Commission has not yet been providers, some of which are mandated and propagation model details that appropriated funding to implement the by the Broadband DATA Act. indicate a provider’s mobile 4G–LTE broadband internet access service Fabric and other measures required by 1. Verifying Fixed Broadband Data coverage. the Broadband DATA Act and therefore Using HUBB Data cannot begin to implement them. The 59. In the Digital Opportunity Data Commission finds, however, that 57. The Commission will Collection Order and Further NPRM, the determining to establish the Fabric now independently verify fixed broadband Commission sought comment on the use will enable us to commence promptly coverage data submitted by providers by of such tools such as audits, field tests, the processes necessary to contract for integrating the geolocation data and statistical analyses to confirm the its creation and operation once funding contained in the HUBB portal with the accuracy of broadband availability data is available, subject to the provisions of submitted fixed broadband coverage submitted by providers. The the Federal Acquisition Regulation and polygons. As part of its Universal Commission agrees with commenters other requirements established in the Service Fund oversight responsibilities, such as Connected Nation that ‘‘the Broadband DATA Act. USAC maintains the HUBB portal DODC would benefit significantly from through which high-cost universal having a mechanism for field validation D. Timing of Collection Filings service support recipients report the in place at the outset of the first data 55. As required by the Broadband coordinates, address, deployment date, collection so that there is a means of DATA Act, the Commission establishes speed, and number of units for every auditing the data and investigating a biannual schedule for collection of location where fixed broadband service where evidence suggests the resulting broadband internet access service is available. The Commission found in maps may be incorrect.’’ availability and quality of service data. the Digital Opportunity Data Collection 60. Accordingly, the Commission will For this purpose, the Commission Order and Further NPRM that cross- conduct audits involving information establishes filing deadlines of March 1 checking broadband availability data submitted by all types of providers of and September 1 each year. The March with HUBB data ‘‘will benefit our broadband internet access service (e.g., filing would reflect data as of December overall understanding of how high-cost terrestrial fixed, fixed and mobile 31 of the previous calendar year, while support dollars are used in conjunction wireless, satellite). Subject to the the September filing would reflect data with overall broadband deployment and Commission’s receipt of sufficient as of June 30 of the then-current will aid the data collection verification appropriations, audit tools will include calendar year. The Commission directs effort.’’ As a result, the Commission will field surveys, investigations, and annual OEA to issue a public notice use HUBB data to verify provider- random audits to verify data accuracy.

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

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

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circumstances of a crowdsourced data expects that there will be regular by providers’ reported availability data, filing. releases of crowdsourced data. as revised by the outcome of successful challenges under the challenge process e. Remedies for Inaccurate Data F. Enforcement and the outcomes of Commission Identified by Crowdsourced Data Filings 77. Under the Broadband DATA Act, investigations and inquiries, which may 75. Similar to the Commission’s it is unlawful to willfully and be informed by crowdsourced data. proposal in the Digital Opportunity Data knowingly, or recklessly, submit 80. Further, the Broadband DATA Act Collection Order and Further NPRM, information or data that is materially requires that the Commission update the once staff have evaluated a particular inaccurate or incomplete with respect to coverage maps at least biannually using crowdsourced data submission and the availability or the quality of the most recent data collected from established the need to take a closer broadband internet access service. The providers. In concert with the look at a provider’s data, staff will Commission adopts this requirement, Commission’s adoption herein of the contact the provider and offer it an but seek comment in the Third FNPRM biannual collection of broadband opportunity to explain any on several aspects of the Broadband internet access service data, the discrepancies between its data and the DATA Act’s enforcement requirement. Commission will update its coverage Commission’s analysis. If the provider G. Creation of Coverage Maps Depicting maps with new provider availability agrees with staff analysis, then it will be Availability of Broadband Internet data at least biannually with data required to refile updated and corrected Access Service and Sharing Mapping submitted by providers, as well as with data within 30 days of agreeing with Data any updates or corrections. Doing so that determination, although providers will meet the Broadband DATA Act’s will be allowed to bundle multiple 78. Pursuant to the Broadband DATA requirement that the Commission use crowdsourced corrections into one filing Act, the Commission must issue final the most recent data collected from during a 30-day period. If the provider rules that require the dissemination of providers. The Commission directs OEA disputes the staff analysis, staff will granular data that the Commission must to update the coverage maps as quickly review the provider’s response and use to compile coverage maps that as possible after the biannual consider whether further inquiry is depict the availability of broadband submission deadlines and to update the necessary to resolve the discrepancy. internet access service and be made maps on a continuing basis based on the This could include, for example, publicly available. This requirement is outcomes of challenges and Commission beginning a formal audit of the different from the process the investigations and inquiries, including provider’s data or engaging in informal Commission adopted in the Digital those informed by verified data and dispute resolution. If staff ultimately Opportunity Data Collection Order and crowdsourced data as that information conclude that the provider’s filing is not Further NPRM, which required becomes available. reliable with respect to the areas broadband service providers to submit 81. Finally, the Act requires the covered by the crowdsourced filing, granular maps of the areas where they Commission to consult with various staff will require the provider to refile have broadband-capable networks and Federal agencies in connection with its fixed or mobile coverage data make service available. Pursuant to the creating and providing access to the excluding the locations or areas in Broadband DATA Act, it is now the coverage maps. First, the Broadband question. Commission’s responsibility to take the DATA Act requires the Commission to granular availability data for broadband consult with the Federal Geographic f. Public Availability of Information internet access service submitted by Data Committee before creating the Filed in the Crowdsourcing Process providers and others and create, after three coverage maps. Second, the 76. The Commission will make public consultation with the Federal Broadband DATA Act requires the all information submitted as part of the Geographic Data Committee: (1) The Commission to consult with the crowdsourcing process, with the Broadband Map, which must depict Secretary of Agriculture and with NTIA exception of personally identifiable areas of the country that remain to enable those entities to consult the information and any data required to be unserved by providers and depict the coverage maps when considering the confidential under § 0.457 of the extent of availability of fixed and mobile awarding of funds for the deployment of Commission’s rules. The Commission broadband internet access service; (2) a broadband internet access service under notes that the information that it adopts map that depicts the availability of fixed any program administered by the for crowdsourced data filers to provide broadband internet access service; and Administrator of the Rural Utilities is the same information that the (3) a map that depicts the availability of Service or the Administration, Commission required be made publicly mobile broadband internet access respectively. In addition, the available in the Digital Opportunity service. Commission must establish a process to Data Collection Order and Further 79. The Commission will establish the make the data collected from providers NPRM. The Commission finds that this Broadband Map as a map that depicts pursuant to the Digital Opportunity Data information will be sufficient to inform the extent of the availability of Collection available to NTIA. The the public about the nature of a broadband internet access service, as Commission directs OEA, WTB, IB, and crowdsourced data filing, while well as areas that are unserved, overlaid WCB to carry out these requirements. protecting legitimate privacy or other onto the fixed service Fabric data. The interests. Similar to the requirement the Broadband DATA Act provides that this H. Collection of Verified Broadband Commission adopted in the Digital Broadband Map must depict the Data From Government Entities and Opportunity Data Collection Order and availability of broadband ‘‘without Third Parties for Use in the Coverage Further NPRM, it directs OEA to make regard to whether that service is fixed or Maps crowdsourced data publicly available as mobile.’’ Pursuant to the Act, the 82. The Broadband DATA Act soon as is practicable after submission Commission also will create separate requires the Commission to develop a and to establish an appropriate method maps depicting fixed coverage and process to collect verified data for use for doing so. While the Commission mobile coverage. Coverage depicted on in the coverage maps from: (1) State, does not establish a specific timeline for the Broadband Map and the fixed and local, and Tribal governmental entities making such data publicly available, it mobile coverage maps will be defined primarily responsible for mapping or

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tracking broadband internet access Collection filings to the public, and including geographic coordinates and service coverage in their areas; (2) third providers may not request confidential street addresses, whether a provider has parties, if the Commission determines it treatment of such information: (1) reported availability at a location, and is in the public interest to use their data Provider-specific mobile deployment whether the owner or occupant has in the development of the coverage data; (2) data regarding minimum disputed a report of broadband internet maps or in the verification of data advertised or expected speed for mobile access service availability at such submitted by providers; and (3) other broadband internet access services; and location. The Commission also will federal agencies. The Commission (3) location information that is make publicly available all shapefiles, adopts this requirement and direct the necessary to permit accurate broadband propagation maps, lists of addresses or Bureaus and Offices to implement the mapping, including as part of the locations for both fixed and mobile details of the process. The Commission crowdsourcing or challenge processes. service, and on-the-ground mobile data, will treat such data as ‘‘primary’’ 84. The Commission found in the including data submitted by mobile availability data ‘‘for use in the coverage Digital Opportunity Data Collection providers to verify their coverage maps, maps’’ on par with the availability data Order and Further NPRM that to better subject to individual requests for submitted by providers in their biannual allow for crowdsourcing, mapping, and confidential treatment. Digital Opportunity Data Collection other uses of fixed broadband J. Updating the Data Collection filings. The Commission seeks comment deployment data, all fixed service in the Third FNPRM on other details provider information filed as part of the 86. Consistent with the requirement associated with the process, including Digital Opportunity Data Collection will in the Broadband DATA Act, and such issues as the meaning of ‘‘verified’’ be presumed to be non-confidential similar to the requirement that the data, how to reconcile this data with unless the Commission specifically Commission adopted (but have not data submitted by providers in their directs that it be withheld. The implemented) in the Digital Opportunity biannual filings, collecting verified data Commission also found that this Data Collection Order and Further for mobile service, and the parameters approach ‘‘strikes an appropriate NPRM, it directs IB, WTB, WCB, and of the Commission’s public interest balance between the protection of OEA to (1) update the specific format of determination to use third-party data. confidential information and the need data to be submitted pursuant to the for public disclosure of fixed broadband Digital Opportunity Data Collection to I. Data Confidentiality and Privacy deployment data to help with crucial reflect changes over time in GIS and 83. The Broadband DATA Act crowdsourcing functionality and other data storage and processing requires that the rules the Commission mapping capabilities.’’ The Commission functionalities; and (2) implement any adopts establish ‘‘processes and finds these rationales continue to apply technical improvements or other procedures through which the and accordingly adopt the requirements clarifications to the filing mechanism Commission and, as necessary, other from the Digital Opportunity Data and forms. entities or individuals submitting non- Collection Order and Further NPRM to IV. Final Regulatory Flexibility public or competitively sensitive the treatment of both fixed and mobile Analysis information, can protect the security, availability data and expand the privacy, and confidentiality of such requirements to include information 87. As required by the Regulatory information,’’ including: (1) Information contained in the Fabric and the dataset Flexibility Act of 1980, as amended contained in the Fabric, (2) the dataset supporting the Fabric. (RFA), an Initial Regulatory Flexibility supporting the Fabric, and (3) 85. The Commission expects the Analysis (IRFA) was incorporated in the availability data submitted pursuant to Fabric will include at least some Digital Opportunity Data Collection section 802(b)(2) of the Broadband proprietary information that it will Order and Further NPRM released in DATA Act. In the Digital Opportunity acquire commercially, which will be August 2019 in this proceeding. The Data Collection Order and Further subject to licensing or other agreements Commission sought written public NPRM, the Commission determined that that limit the extent to which it can be comment on the proposals in the all fixed broadband service provider made available. The Commission also Further NPRM, including comments on information, comprising shapefiles anticipates that it will receive the IRFA. No comments were filed depicting areas covered at each offered information from individuals or entities specifically in response to the IRFA. speed, would be presumed to be non- concerning the accuracy of availability This Final Regulatory Flexibility confidential unless the Commission data and information in the Fabric. Analysis (FRFA) conforms to the RFA. specifically directed that it be withheld. Accordingly, the Commission will A. Need for, and Objectives of, the Rules The Commission required all filers withhold from routine public inspection seeking confidential treatment of data all data required to be kept confidential 88. With the Second Report and submitted as part of the Digital pursuant to § 0.457 of the Commission’s Order, the Commission takes steps to Opportunity Data Collection to submit a rules and all personally identifiable adopt certain requirements mandated by request at the time of the filing that the information, including names, email the Broadband DATA Act, as well as data be treated as confidential, along addresses, and telephone numbers adopting improvements to the collection with the reasons for withholding the submitted in connection with of data. Specifically, the Commission information from the public. The availability data and the data in the establishes reporting and disclosure Commission noted that it would make Fabric. However, the Commission will requirements for fixed and mobile decisions on requests for confidential entertain requests for disclosure if the broadband providers, filing and treatment on a case-by-case basis. The public interest in disclosure outweighs certification requirements. The Commission similarly determined that the interests listed in § 0.457 of the Commission adopts the use of the Fabric mobile broadband service provider Commission’s rules. Subject to to serve as the foundation upon which coverage maps would presumptively be contractual or license restrictions, the all data relating to fixed broadband treated as non-confidential. Specifically, Commission will make public all other internet access service availability must the Commission decided that the information received about the status of be overlaid. The Commission also Commission will release the following broadband internet access service adopts certain rules for the collection information in Digital Opportunity Data availability at specific locations, and reporting of data mobile broadband

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internet access service. For mobile 93. Small Businesses, Small these entities in its Initial Regulatory providers, the Commission implements Organizations, Small Governmental Flexibility Analysis. the requirements of the Broadband Jurisdictions. The Commission’s actions, 97. Internet Service Providers DATA Act by requiring them to submit over time, may affect small entities that (Broadband). Broadband internet propagation maps and propagation are not easily categorized at present. service providers include wired (e.g., model details based on specified The Commission therefore describes cable, DSL) and VoIP service providers minimum parameters. In addition to here, at the outset, three comprehensive using their own operated wired requiring mobile broadband providers to small entity size standards that could be telecommunications infrastructure and use propagation modeling to generate directly affected herein. First, while fall in the category of Wired and submit maps showing their 4G LTE there are industry-specific size Telecommunication Carriers. Wired coverage, the Commission requires standards for small businesses that are Telecommunications Carriers are providers to submit data and coverage used in the regulatory flexibility comprised of establishments primarily maps for existing 3G networks and next- analysis, according to data from the engaged in operating and/or providing generation (5G–NR) networks. The SBA’s Office of Advocacy, in general a access to transmission facilities and Commission also adopts requirements to small business is an independent infrastructure that they own and/or collect crowdsourced data as well as a business having fewer than 500 lease for the transmission of voice, data, process for verifying broadband employees. These types of small text, sound, and video using wired availability. The Commission believes businesses represent 99.9% of all telecommunications networks. these actions in the Second Report and businesses in the United States which Transmission facilities may be based on Order will increase the usefulness of translates to 28.8 million businesses. a single technology or a combination of broadband deployment data to the 94. Next, the type of small entity technologies. The SBA size standard for Commission, Congress, the industry, described as a ‘‘small organization’’ is this category classifies a business as and the public, and satisfy the generally ‘‘any not-for-profit enterprise small if it has 1,500 or fewer employees. requirements of the Broadband DATA which is independently owned and U.S. Census data for 2012 show that Act. operated and is not dominant in its there were 3,117 firms that operated that field.’’ Nationwide, as of August 2016, year. Of this total, 3,083 operated with B. Summary of Significant Issues Raised there were approximately 356,494 small fewer than 1,000 employees. by Public Comments in Response to the organizations based on registration and Consequently, under this size standard IRFA tax data filed by nonprofits with the the majority of firms in this industry can 89. None. Internal Revenue Service (IRS). be considered small. 95. Finally, the small entity described 98. Internet Service Providers (Non- C. Response to Comments by the Chief as a ‘‘small governmental jurisdiction’’ Broadband). Internet access service Counsel for Advocacy of the Small is defined generally as ‘‘governments of providers such as Dial-up internet Business Administration cities, towns, townships, villages, service providers, VoIP service 90. Pursuant to the Small Business school districts, or special districts, with providers using client-supplied Jobs Act of 2010, which amended the a population of less than fifty telecommunications connections, and RFA, the Commission is required to thousand.’’ U.S. Census Bureau data internet service providers using client- respond to any comments filed by the from the 2012 Census of Governments supplied telecommunications Chief Counsel for Advocacy of the Small indicate that there were 90,056 local connections (e.g., dial-up ISPs) fall in Business Administration (SBA) and to governmental jurisdictions consisting of the category of All Other provide a detailed statement of any general purpose governments and Telecommunications. The SBA has change made to the proposed rules as a special purpose governments in the developed a small business size result of those comments. United States. Based on this data, the standard for All Other 91. The Chief Counsel did not file Commission estimates that at least Telecommunications, which consists of comments in response to the proposed 49,316 local government jurisdictions all such firms with gross annual receipts rules in this proceeding. fall in the category of ‘‘small of $32.5 million or less. For this governmental jurisdictions.’’ category, U.S. Census data for 2012 D. Description and Estimate of the shows that there were 1,442 firms that Number of Small Entities to Which the 1. Broadband Internet Access Service operated for the entire year. Of these Proposed Rules Will Apply Providers firms, a total of 1,400 had gross annual 92. The RFA directs agencies to 96. The broadband internet access receipts of less than $25 million. provide a description of and, where service provider industry has changed Consequently, under this size standard feasible, an estimate of the number of since the definition was introduced in a majority of ‘‘All Other small entities that may be affected by 2007. The data cited below may Telecommunications’’ firms can be the rules adopted herein. The RFA therefore include entities that no longer considered small. generally defines the term ‘‘small provide broadband internet access entity’’ as having the same meaning as service and may exclude entities that 2. Wireline Providers the terms ‘‘small business,’’ ‘‘small now provide such service. To ensure 99. Wired Telecommunications organization,’’ and ‘‘small governmental that this FRFA describes the universe of Carriers. The U.S. Census Bureau jurisdiction.’’ In addition, the term small entities that the Commission’s defines this industry as ‘‘establishments ‘‘small business’’ has the same meaning action might affect, it discusses in turn primarily engaged in operating and/or as the term ‘‘small-business concern’’ several different types of entities that providing access to transmission under the Small Business Act.’’ A might be providing broadband internet facilities and infrastructure that they ‘‘small-business concern’’ is one which: access service. The Commission notes own and/or lease for the transmission of (1) Is independently owned and that, although it has no specific voice, data, text, sound, and video using operated; (2) is not dominant in its field information on the number of small wired communications networks. of operation; and (3) satisfies any entities that provide broadband internet Transmission facilities may be based on additional criteria established by the access service over unlicensed a single technology or a combination of Small Business Administration (SBA). spectrum, the Commission included technologies. Establishments in this

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

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

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

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

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

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satellite systems. Establishments benefit to be gained from more precise rule changes contained in this Second providing internet services or voice over broadband deployment data. Although Report and Order on small entities. internet protocol (VoIP) services via the Commission cannot quantify the 143. Paperwork Reduction Act. The client-supplied telecommunications cost of compliance with the initial rulemaking required under the connections are also included in this requirements in the Second Report and Broadband DATA Act is exempt from industry. The closest applicable SBA Order, the Commission believes the review by OMB and from the category is ‘‘All Other reporting requirements are necessary to requirements of the Paperwork Telecommunications.’’ The SBA’s small comply with the Broadband DATA Act Reduction Act of 1995 (PRA), Public business size standard for ‘‘All Other and complete accurate broadband Law 104–13. As a result, the Second Telecommunications’’ consists of all coverage maps. Report and Order will not be submitted such firms with gross annual receipts of F. Steps Taken To Minimize the to OMB for review under section $32.5 million or less. For this category, Significant Economic Impact on Small 3507(d) of the PRA. U.S. Census data for 2012 show that Entities, and Significant Alternatives 144. Congressional Review Act. The there were 1,442 firms that operated for Considered Commission has determined, and the the entire year. Of these firms, a total of Administrator of the Office of 1,400 had gross annual receipts of less 140. The RFA requires an agency to Information and Regulatory Affairs, than $25 million. Consequently, the describe any significant, specifically Office of Management and Budget, Commission estimates that under this small business, alternatives that it has concurs, that this rule is non-major category and the associated size considered in reaching its approach, under the Congressional Review Act, 5 standard the majority of these firms can which may include the following four U.S.C. 804(2), because it is promulgated be considered small entities. alternatives (among others): (1) The under the Telecommunications Act of establishment of differing compliance or E. Description of Projected Reporting, 1996 and the amendments made by that reporting requirements or timetables Act. The Commission will send a copy Recordkeeping, and Other Compliance that take into account the resources Requirements for Small Entities of this Second Report and Order to available to small entities; (2) the Congress and the Government 139. The Commission expects the clarification, consolidation, or Accountability Office pursuant to 5 rules adopted in the Second Report and simplification of compliance or U.S.C. 801(a)(1)(A). Order will impose new or additional reporting requirements under the rule reporting, recordkeeping, and/or other for small entities; (3) the use of VI. Ordering Clauses compliance obligations on small performance, rather than design, 145. Accordingly, it is ordered that, entities. The Commission establishes standards; and (4) an exemption from pursuant to sections 1–4, 7, 201, 254, reporting and disclosure requirements coverage of the rule, or any part thereof, 301, 303, 309, 319, 332, and 641–646 of for fixed and mobile broadband for small entities. The Commission’s the Communications Act of 1934, as providers, filing and certification actions in the Second Report and Order amended, 47 U.S.C. 151–154, 157, 201, requirements. In an effort to comply are primarily in response to the 254, 301, 303, 309, 319, 332, and 641– with the Broadband DATA Act and legislative enactment of the Broadband 646, this Second Report and Order is develop better quality, more useful, and DATA Act and to develop better quality, adopted. more granular broadband deployment more useful, and more granular 146. It is further ordered that part 1 data to advance the Commission’s broadband deployment data. In of the Commission’s rules is amended as statutory obligations, it concludes it is considering the comments in the record, set forth in the Final Rules. necessary to adopt these rules to the Commission was mindful of the 147. It is further ordered that the produce broadband deployment maps time, money, and resources that some Second Report and Order shall be that will allow the Commission to small entities incur to complete these effective 30 days after publication in the precisely target scarce universal service requirements. Federal Register. dollars to where broadband service is 148. It is further ordered that the lacking. The Commission is cognizant of G. Report to Congress Commission’s Consumer & the need to ensure that the benefits 141. The Commission will send a Governmental Affairs Bureau, Reference resulting from use of the data outweigh copy of the Second Report and Order, Information Center, shall send a copy of the reporting burdens imposed on filers including this FRFA, in a report to the Second Report and Order to and believe the establishment of the Congress pursuant to the Congressional Congress and the Government broadband serviceable location fabric Review Act. In addition, the Accountability Office pursuant to the will benefit small entities as well as Commission will send a copy of the Congressional Review Act, see 5 U.S.C. other providers. Further, the Broadband Second Report and Order, including 801(a)(1)(A). DATA Act requires the Commission to this FRFA, to the Chief Counsel for collect from each mobile broadband Advocacy of the SBA. List of Subjects in 47 CFR Part 1 internet access service provider Administrative practice and propagation maps and propagation V. Procedural Matters procedure, Broadband, Reporting and model details that indicate coverage 142. Final Regulatory Flexibility recordkeeping requirements, based on specified parameters which Analysis. The Regulatory Flexibility Act the Commission concludes will improve (RFA) requires that an agency prepare a Telecommunications. the accuracy and reliability of the regulatory flexibility analysis for notice Federal Communications Commission. mobile broadband data the Commission and comment rulemakings, unless the Marlene Dortch, collects. The Commission also adopts agency certifies that ‘‘the rule will not, Secretary. requirements to collect crowdsourced if promulgated, have a significant data. The Commission finds that any economic impact on a substantial Final Rules additional burdens imposed by the number of small entities.’’ Accordingly, For the reasons discussed in the Commission’s revised reporting the Commission has prepared a Final preamble, the Federal Communications approach for providers in comparison Regulatory Flexibility Analysis (FRFA) Commission amends 47 CFR part 1 as are outweighed by the significant concerning the possible impact of the follows:

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PART 1—PRACTICE AND (14) Mobility Fund Phase II. The Digital Opportunity Data Collection PROCEDURE second phase of the proceeding to portal in accordance with this subpart. provide universal service support from (b) Digital Opportunity Data ■ 1. The authority citation for part 1 the Mobility Fund (WC Docket No. 10– Collection filings shall be made each continues to read as follows: 90; WT Docket No. 10–208). year on or before March 1 (reporting Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 (15) Propagation model. A data as of December 31 of the prior year) U.S.C. 2461, unless otherwise noted. mathematical formulation for the and September 1 (reporting data as of characterization of radio wave June 30 of the current year). Providers ■ 2. Revise § 1.7000 to read as follows: propagation as a function of frequency, becoming subject to the provisions of § 1.7000 Purpose. distance, and other conditions. this section for the first time shall file data initially for the reporting period in The purposes of this subpart are to set (16) Provider. A provider of fixed or mobile broadband internet access which they become eligible. out the terms by which certain (c) Providers shall include in their commercial and government-controlled service. (17) Quality of service. With respect to filings data relating to the availability entities report data to the Commission and quality of service of their broadband concerning: broadband internet access service, the download and upload speeds, and internet access service in accordance (a) The provision of wired and with this subpart. wireless local telephone services and latency if applicable, with respect to that service, as determined by, and to (1) Each provider of terrestrial fixed or interconnected Voice over internet satellite broadband internet access Protocol services; the extent otherwise collected by, the Commission. service shall submit polygon shapefiles (b) The deployment of advanced or a list of addresses or locations, and telecommunications capability, as (18) Shapefile. A digital storage format containing geospatial or location- each provider of fixed wireless defined in 47 U.S.C. 1302, and services broadband internet access service shall that are competitive with advanced based data and attribute information regarding the availability of broadband submit propagation maps and model telecommunications capability; and details that reflect the speeds and (c) The availability and quality of internet access service and that can be viewed, edited, and mapped in latency of its service or a list of service of broadband internet access addresses or locations, that document service. geographic information system software. (19) Standard broadband installation. the areas where the provider has ■ 3. Amend § 1.7001 by adding The initiation by a provider of fixed actually built out its broadband network paragraphs (a)(6) through (19) to read as broadband internet access service in an infrastructure, such that the provider is follows: area in which the provider has not able to provide service, and where the previously offered that service, with no provider is capable of performing a § 1.7001 Scope and content of filed standard broadband installation. Each reports. charges or delays attributable to the provider’s submission shall include the (a) * * * extension of the network of the provider, and includes the initiation of details of how it generated its polygon (6) Broadband internet access service. shapefiles, propagation maps and model Has the meaning given the term in fixed broadband internet access service through routine installation that can be details, or list of addresses or locations. § 8.1(b) of this chapter. (i) Terrestrial fixed providers using completed not later than 10 business (7) Broadband map. The map created certain wireline technologies may not days after the date on which the service by the Commission under 47 U.S.C. report coverage that exceeds a defined request is submitted. 642(c)(1)(A). maximum distance from an aggregation (8) Cell edge probability. The * * * * * point, including the drop distance, or likelihood that the minimum threshold ■ 4. Add §§ 1.7004 through 1.7010 to that exceeds 500 feet from a deployed download and upload speeds with read as follows: line or distribution network respect to broadband internet access infrastructure to the parcel boundary of service will be met or exceeded at a Subpart V—Commission Collection of a served location. distance from a base station that is Advanced Telecommunications (A) Terrestrial fixed providers using intended to indicate the ultimate edge of Capability Data and Local Exchange Digital Subscriber Line technology shall the coverage area of a cell. Competition Data not report coverage that exceeds 6,600 (9) Cell loading. The percentage of the * * * * * route feet from the digital subscriber available air interface resources of a Sec. line access multiplexer to the customer base station that are used by consumers 1.7004 Scope, content, and frequency of premises for speeds offered at or above with respect to broadband internet Digital Opportunity Data Collection 25 Mbps downstream, 3 Mbps upstream. access service. filings. Providers that offer Digital Subscriber (10) Clutter. A natural or man-made 1.7005 Disclosure of data in the Fabric and Line service in areas at speeds less than surface feature that affects the Digital Opportunity Data Collection 25 Mbps downstream, 3 Mbps upstream propagation of a signal from a base filings. shall not be subject to a maximum station. 1.7006 Data verification. buffer requirement for such areas. (11) Fabric. The Broadband 1.7007 Establishing the Fabric. (B) Terrestrial fixed providers using 1.7008 Creation of broadband internet Serviceable Location Fabric established access service coverage maps. Fiber to the Premises technology shall under 47 U.S.C. 642(b)(1)(B). 1.7009 Enforcement. not report coverage that exceeds 196,000 (12) FCC Form 477. Form 477 of the 1.7010 Authority to update the Digital route feet from the optical line Commission relating to local telephone Opportunity Data Collection. termination point to the optical network competition and broadband reporting. * * * * * termination point. (13) Indian Tribe. Has the meaning (C) Terrestrial fixed providers using given the term ‘‘Indian tribe’’ in section § 1.7004 Scope, content, and frequency of Hybrid Fiber Coaxial Cable technology 4 of the Indian Self-Determination and Digital Opportunity Data Collection filings. shall not report coverage that exceeds Education Assistance Act (25 U.S.C. (a) All providers shall make biannual 12,000 route feet from the aggregation 5304). filings with the Commission in the point to the customer premises.

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(D) Locations can be reported as (A) The name and vintage of the vendors, to include a brief summary of served beyond the maximum distances datasets used; the process and date of calibration; and to the extent that: (B) The resolution of clutter data; (v) The propagation model or models (1) A provider has a current (C) A list of clutter categories used used. If multiple models are used, the subscriber at a location beyond the with a description of each; and provider should include a brief bounds of the applicable maximum (D) The link budget and a description description of the circumstances under distance; of the other parameters used in the which each model is deployed (e.g., (2) A provider previously had a propagation model, including predicted model X is used in urban areas, while broadband subscriber, using the same signal strength. model Y is used in rural areas) and technology, at a location beyond the (iv) Information on the height and include any sites where conditions bounds of the maximum distance; power values used for receivers/ deviate; and (3) A provider is receiving or has customer premises equipment (CPE) (vi) The granularity of the models received universal service support to antennas in their modeling (height must used (e.g., 3-arc-second square points, provide broadband service in a be within a range of four to seven bin sizes, and other parameters). particular geographic area—or has other meters). (5) Propagation maps submitted by Federal, state, or local obligations to (3) Mobile providers must submit providers must depict outdoor coverage, make service available in the area—and coverage maps based on the following to include both on-street or pedestrian the provider has begun to make service specified parameters: stationary usage, and in-vehicle mobile available in that area; or usage. (4) A provider receives a waiver to (i) For 3G services—a minimum expected user download speed of 200 (6) Mobile providers must disclose all report coverage beyond the maximum applicable link-budgets used to design distances. kbps and user upload speed of 50 kbps at the cell edge; for 4G LTE services— their networks and provide service at (ii) Fixed wireless service providers the defined speeds, and all parameters that submit coverage maps shall submit a minimum expected user download speed of 5 Mbps and user upload speed and parameter values included in those propagation maps and propagation link budgets, including the following model details based on the following of 1 Mbps at the cell edge; for 5G–NR services—a minimum expected user information: parameters: (i) A description of how the provider (A) A cell edge probability of not less download speed of 7 Mbps and user upload speed of 1 Mbps, and a developed the link budget(s) and the than 75% of receiving the maximum rationale for using specific values in the advertised download and upload minimum expected user download speed of 35 Mbps and user upload link budget(s); and speeds; (ii) The name of the creator, developer (B) A cell loading factor of not less speed of 3 Mbps at the cell edge. or supplier, as well as the vintage of the than 50%; and (ii) For each of the mobile broadband terrain and clutter datasets used, the (C) Receiver heights within a range of technologies, 3G, 4G LTE, and 5G–NR, specific resolution of the data, and a list four to seven meters. and for mobile voice services, the (2) Fixed wireless service providers provider’s coverage maps must reflect of clutter categories used, a description that submit coverage maps shall provide coverage areas where users should of each clutter category, and a the following information with their expect to receive the minimum required description of the propagation loss due propagation maps and model details: download and upload speeds with cell to clutter for each. (7) For each of the categories of data (i) The name of the radio network edge coverage probability of not less providers must disclose to the planning tool(s) used, along with than 90% and a cell loading of not less Commission, providers must submit information including: than 50%. reasonable parameter values and (A) The version number of the (iii) For each of the mobile broadband propagation models consistent with planning tool; technologies, 3G, 4G LTE, and 5G–NR, how they model their services when (B) The name of the planning tool’s and for mobile voice services, the designing their networks. In no case developer; provider’s coverage maps must account may any provider omit link budget (C) The granularity of the model (e.g., for terrain and clutter and use terrain parameters or otherwise fail to account 3-arc-second square points); and and clutter data with a resolution of 100 (D) Affirmation that the coverage for constraints on their coverage meters or better. Each coverage map model has been validated and calibrated projections. must have a resolution of 100 meters or at least one time using on the ground (d) Providers shall include in each better. testing and/or other real-world Digital Opportunity Data Collection (iv) For each of the mobile broadband measurements completed by the filing a certification signed by a technologies, 3G, 4G LTE, and 5G–NR, provider or its vendor. corporate officer of the provider that the and for mobile voice services, the (ii) The following base station officer has examined the information provider’s coverage maps must be information: contained in the submission and that, to submitted in vector format. (A) Frequency band(s) used to provide the best of the officer’s actual (4) Mobile providers must disclose the the service being mapped; knowledge, information, and belief, all following information regarding their (B) Information about whether and statements of fact contained in the radio network planning tools: how carrier aggregation is used; submission are true and correct. (C) The radio technologies used on (i) The name of the planning tool; each frequency band (e.g., 802.11ac- (ii) The version number used to § 1.7005 Disclosure of data in the Fabric derived orthogonal frequency division produce the map; and Digital Opportunity Data Collection multiplexing modulation (OFDM), (iii) The name of the developer of the filings. proprietary OFDM, long-term evolution planning tool; (a) The Commission shall protect the (LTE)); and (iv) Affirmation that the coverage security, privacy, and confidentiality of (D) The elevation above ground for model has been validated and calibrated non-public or competitively sensitive each base station. at least one time using drive test and/ information submitted by entities or (iii) The following terrain and clutter or other real-world measurements individuals, including information information: completed by the provider or its contained in the Fabric, the dataset

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supporting the Fabric, and availability information, as determined by the (4) Be updated every 6 months by the data submitted pursuant to § 1.7004, by: Commission. Commission. (1) Withholding from public (b) Crowdsourcing process. Entities or (b) The Commission shall prioritize inspection all data required to be kept individuals may submit in the implementing the Fabric for rural and confidential pursuant to § 0.457 of this Commission’s online portal specific insular areas of the United States. chapter and all personally identifiable information regarding the deployment and availability of broadband internet § 1.7008 Creation of broadband internet information submitted in connection access service coverage maps. with the information contained in the access service so that it may be used to Fabric, the dataset supporting the verify and supplement information (a) After consultation with the Federal Fabric, and availability data submitted submitted by providers for potential Geographic Data Committee, the pursuant to § 1.7004; and inclusion in the coverage maps. Commission shall use the availability (2) Subject to contractual or license (1) Crowdsourced data filers shall and quality of service data submitted by restrictions, making public all other provide: providers in the Digital Opportunity information received about the status of (i) Contact information of the filer Data Collection to create: (1) The Broadband Map, which shall broadband internet access service (e.g., name, address, phone number, and depict areas of the country that remain availability at specific locations, email); (ii) The location that is the subject of unserved by providers and depict the including geographic coordinates and the filing, including the street address extent of availability of broadband street addresses, whether a provider has and/or coordinates (latitude and internet access service; reported availability at a location, and longitude) of the location; (2) A map that depicts the availability whether an entity or individual has (iii) The name of the provider; of fixed broadband internet access disputed a report of broadband internet (iv) Any relevant details disputing the service; and access service availability at such deployment and availability of (3) A map that depicts the availability location. broadband internet access service at the of mobile broadband internet access (b) Providers may request that location; and service. provider-specific subscription (v) A certification that to the best of (b) The Commission shall use the information in Digital Opportunity Data the filer’s actual knowledge, maps created in paragraph (a) of this Act filings be treated as confidential and information, and belief, all statements in section to determine areas where be withheld from public inspection by the filing are true and correct. broadband internet access service is and so indicating on the filing at the time (2) The online portal shall notify a is not available and when making any that they submit such data. provider of a crowdsourced data filing funding award for broadband internet (c) Providers seeking confidential against it, but a provider is not required access service deployment for treatment of any other data contained in to respond to a crowdsourced data residential and mobile customers. their Digital Opportunity Data filing. (c) Based on the most recent Digital (3) If, as a result of a crowdsourced Collection filings must submit a request Opportunity Data Collection data filing, the Commission determines that the data be treated as confidential information collected from providers, that a provider’s Digital Opportunity with the submission of their filing, the Commission shall update the maps Data Collection information is not along with their reasons for withholding created in paragraph (a) of this section accurate, then the provider shall refile the information from the public, at least biannually using the data pursuant to § 0.459 of this chapter. updated and corrected data information within 30 days of agreeing with the collected from providers. (d) The Commission shall make all (d)(1) The Commission shall develop decisions regarding non-disclosure of Commission’s determination. Providers are allowed to bundle multiple a process through which it can collect provider-specific information. verified data for use in the coverage (e) The Commission shall release the crowdsourced corrections into one filing during a 30-day period. maps from: following information in Digital (i) State, local, and Tribal entities Opportunity Data Collection filings to (4) All information submitted as part of the crowdsourcing process shall be primarily responsible for mapping or the public, and providers may not tracking broadband internet access request confidential treatment of such made public, with the exception of personally identifiable information and service coverage in their areas; information: (ii) Third parties, if the Commission (1) Provider-specific mobile any data required to be confidential under § 0.457 of this chapter. determines it is in the public interest to deployment data; use their data in the development of the (2) Data regarding minimum § 1.7007 Establishing the Fabric. coverage maps or the verification of data advertised or expected speed for mobile (a) The Commission shall create the submitted by providers; and broadband internet access services; and Fabric, a common dataset of all (iii) Other Federal agencies. (3) Location information that is locations in the United States where (2) Such government entities and necessary to permit accurate broadband fixed broadband internet access service third parties shall follow the same filing mapping, including as part of the can be installed. The Fabric shall: process as providers submitting their crowdsourcing or challenge processes. (1) Contain geocoded information for broadband internet access service data each location where fixed broadband in the Digital Opportunity Data § 1.7006 Data verification. internet access service can be installed; Collection portal. (a) Audits. The Commission shall (2) Serve as the foundation upon conduct regular audits of the which all data relating to the availability § 1.7009 Enforcement. information submitted by providers in of fixed broadband internet access (a) It shall be unlawful for an entity their Digital Opportunity Data service collected pursuant to the Digital or individual to willfully and Collection filings. The audits: Opportunity Data Collection shall be knowingly, or recklessly, submit (1) May be random, as determined by overlaid; information or data as part of the Digital the Commission; or (3) Be compatible with commonly Opportunity Data Collection that is (2) Can be required in cases where used Geographical Information Systems materially inaccurate or incomplete there may be patterns of filing incorrect (GIS) software; and with respect to the availability or the

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quality of broadband internet access Competition Bureau, and Office of data storage and processing service. Economics and Analytics may update functionalities and may implement any (b) [Reserved] the specific format of data to be technical improvements or other § 1.7010 Authority to update the Digital submitted pursuant to the Digital clarifications to the filing mechanism Opportunity Data Collection. Opportunity Data Collection to reflect and forms. The International Bureau, Wireless changes over time in Geographical [FR Doc. 2020–17633 Filed 8–17–20; 8:45 am] Telecommunications Bureau, Wireline Information Systems (GIS) and other BILLING CODE 6712–01–P

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