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Broadband Mapping & Data

After Controversial Panel on Mapping, FCC Confirms No Charges for Access to Fabric

Some third parties are wondering about the terms on which they will be able to access the FCC’s mapping fabric.

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Photo of Nick Alexander of the NTIA (left) and Kirk Burgee of the FCC at AnchorNets 2022 by Broadband.Money.

CRYSTAL CITY, Va., October 13, 2022 – Representatives from the Federal Communications Commission and the National Telecommunications and Information Administration on Wednesday dodged questions regarding the licensing agreements that will govern access to the national broadband map’s fabric’s data.

But responding to a question from Broadband Breakfast following the non-responsive answers, an FCC spokesperson on Thursday said that state, local and Tribal governmental entities, along with broadband service providers, are able to license broadband fabric data – including any changes to fabric data that have been made as a result of challenges – at no cost.

The FCC spokesperson also said that the agency will make broadband fabric data available soon, also at no cost, to other parties for the purposes of their participation in the Broadband Data Collection process.

The spokesperson did not explain what other parties, and what purposes, will be deemed sufficient to access broadband fabric data at no cost.

Wednesday panel discussion at AnchorNets

Kirk Burgee, senior counsel for the FCC’s Broadband Data Task Force, and Nick Alexander, telecommunications policy specialist for the NTIA’s Office of Internet Connectivity and Growth, discussed broadband mapping and funding issues at AnchorNets 2022, a conference of the non-profit Schools, Health and Libraries Broadband Coalition.

The panel covered a range of topics, including the release of the FCC’s broadband map, the treatment of speed test data in the agency’s fabric-challenge process, and the funding-allocation process for the Broadband Equity, Access, and Deployment program. BEAD is the $42.5 billion program of the NTIA for allocating last-mile broadband funds.

During the talk’s question-and-answer section, Jase Wilson, CEO of Broadband.Money, asked the panel to specify who owns of the fabric’s data. Broadband.Money is a sponsor of Broadband Breakfast.

The fabric is a location-level broadband dataset created by contractor CostQuest Associates. It is the basis for the FCC’s forthcoming national broadband map, which will in turn determine the allocation of BEAD to particular states.

The fabric’s data is not public: It is available only to state and local and Tribal governments, and to internet service providers, who may challenge its accuracy on a rolling basis.

The panel didn’t directly address Wilson’s query. “In terms of who owns [the fabric’s data], I have some thoughts on that,” said Burgee. “I don’t know if there is a succinct answer to that question,” he added. “It’s probably pretty complicated.”

Burgee continued, saying the FCC has a “strong ownership in [the fabric data]” but did not provide specifics.

“Under the terms of the license agreement that the commission has with CostQuest, to the extent that there is data that comes through the FCC’s process, that data is held by the FCC but CostQuest… should use it in the production of the fabric,” said Alexander.

Alexander did not mention that CostQuest owns the initial fabric’s data and may use FCC-owned, challenge-generated data in its own private-market products.

Will states need to pay to use the fabric’s data?

Alexander declined to answer a question – from Dustin Loup, project manager of the National Broadband Mapping Coalition – about whether fees had to be paid to CostQuest to use the data for BEAD-related purposes, but suggested states could use BEAD funds to pay for “the tools they need.”

He didn’t specify whether that statement directly referred to potential state payments to CostQuest for use of the fabric’s data.

When Loup reiterated his question, Alexander answered, “It’s a completely reasonable question. It’s also one that I can’t answer.”

Will proprietary data be safeguarded?

Broadband Breakfast asked the panel if the FCC placed limitations on CostQuest’s use of challenge-generated data.

Alexander responded that “limitations” on CostQuest’s data use exist but offered no specifics. He didn’t acknowledge CostQuest’s ability to use challenge-generated data for commercial purposes.

In response to Broadband Breakfast’s inquiry regarding CostQuest’s licensing agreements, the FCC spokesperson did not address whether the usage limitations of those licenses or the contractual limitations on CostQuest’s commercial use of challenge data would impact other parties’ ability to access fabric data.

Broadband Mapping

Garland McCoy: Some State Attorneys General Are Preparing to Take the FCC to Court

While some will “cash out,” other state broadband officials will seek the full measure of federal broadband infrastructure funds due.

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The author of this Expert Opinion is Garland McCoy, Executive Director of Precision Ag Connectivity and Accuracy Stakeholder Alliance

Let me start by saving the time of those state broadband officials who are going to accept the recently released FCC Broadband Map Data at face value and take NTIA’s “cash out,” and in doing so, forgo participation in the available FCC challenge process. For those state broadband officials, the insights, and recommendations I provide below will be of little interest to you. 

If the past is any prelude to the future, the Internet Service Providers will use the same challenge criteria to successfully throw out the crowdsourced and bulk data that states have gathered for their own maps. As I detailed in my recent article on Broadband Breakfast, the FCC published specifications for its challenge process on September 15, 2022.

This directive gives ISPs authority to challenge data drawn from their respective service territories, leaving states with little choice but to accept the FCC’s map. The only notable exception is California, which has put in place its own statewide device-driven data gathering methodology, and we consider its data as likely challenge-proof. 

Not all is lost for states seeking to challenge the FCC’s maps

But all is not lost for other states. By the end of the first quarter of next year I firmly believe there will be some state broadband officials who will seek to pursue the full measure of federal broadband infrastructure funds due them, and not simply acquiesce to a smaller portion of funds that is supported by the flawed FCC map.

I base this assumption on new methodologies now available to states, which will bring the same type of credible validation and metering to broadband service at the end-user level that has been available, and required, for decades with other important utilities such as electricity, water, and natural gas. In other words, these methodologies will allow consumers to determine if they are getting true broadband speed connectivity – and frankly whether or not they are getting what they are paying for.

These state broadband officials have reviewed the recently released FCC broadband map and have compared it to their own respective state broadband maps. And not surprisingly, what they are finding is an FCC map that vastly overstates the amount of broadband connectivity in their states, and in doing so, vastly reduces the amount of federal dollars that state will receive. And these differences are significant. It could mean as much as a loss of tens of millions of dollars in smaller states and up to half a billion dollars or more for larger states. 

What these state officials will ultimately find is irrefutable evidence that many of the ISPs doing business in their state have been systematically providing significantly less service speed and quality than their customers’ terms of service agreements stipulate.

States are beginning to work with their state attorneys general on lawsuits

Knowing this and considering how the FCC has not run a transparent and straightforward process – and has used the calendar in a way to run out the clock on states, you can see why some state broadband officials have begun working with their state attorneys general to not only prepare to challenge the FCC data, but to take their case to court. 

Consider the calendar issue alone: The FCC released its long-anticipated new map data on November 18, 2022, and is giving states until January 13, 2023, to respond – with the major holidays of Thanksgiving, Christmas, and New Year’s falling in the interim.

If you are one of these state broadband officials currently considering your options to challenge and/or litigate, then we can play a vital role in your efforts. You will need to ensure that your state broadband map data is litigation-ready by putting in place bullet-proof methodologies and highly credible network monitoring devices/meters. This data can be used to support your case for the full broadband infrastructure funding that your State is entitled to receive.  Additionally, these same devices and methodologies can be used to support any state lawsuits against ISPs for false/deceptive advertising and breach of the spirit, if not the letter, of customer “terms of service” contracts. 

Importantly, our device-driven methodology also focuses solely on the premium customers of ISPs in rural counties of a state, which establishes what FCC refers to as the “available service” for a given ISP’s service territory. 

You have the power to truly close your state’s broadband connectivity gap by fully utilizing the historic level of federal infrastructure funding that has been set aside for this purpose, which in turn will bring accountability and equity to broadband network services for your citizens. 

If you want a citizen-centric partner in these initiatives, please visit our website and contact me at the email address provided below. PAgCASA is a non-profit organization focused on promoting rural prosperity, and we are utilizing industry standard network monitoring/metering devices, same as used by the largest ISPs, litigation-ready methodologies, and an expert team and partnerships to accomplish our goals.

Garland T. McCoy, Co-Founder and Executive Director of Precision Ag Connectivity and Accuracy Stakeholder Alliance, is a long-time non-profit veteran in the fields of technology and telecommunication policy having served as Founder and CEO of the Technology Education Institute & Technology Policy Institute. Garland was recently an adjunct professor at Syracuse University’s iSchool, teaching information policy and decision making, and can be reached at garland.mccoy@pagcasa.org. This piece is exclusive to Broadband Breakfast.

Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to commentary@breakfast.media. The views reflected in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

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Broadband Mapping & Data

Jeff Miller: Tools to Manage the Next-Generation Network Buildouts

Service providers that use GIS applications are able to reduce design time by 80 percent.

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The author of this expert opinion is Jeff Miller, Synchronoss Technologies CEO.

Today’s digital world is driving the insatiable need for fiber networks and connectivity, thus the thrust for widespread broadband buildouts and deployments worldwide. Broadband connectivity is the heartbeat for mobility, cloud applications, voice, video, and social media, not to mention home automation, IoT, and smart cities. As a result, service providers and operators are investing heavily in infrastructure, claiming their 5G networks are the largest or fastest or most reliable.

Initiatives like the Rural Digital Opportunity Fund are aimed at bridging the digital divide and fast-tracking investment to deploy high speed fixed broadband service to rural areas and small businesses that lack it. The Federal Communications Commission’s $20.4 billion program requires that networks stand the test of time by prioritizing higher network speeds and lower latency.

A key element in the implementation of RDOF-backed projects is broadband mapping. The Federal Communications Commission is in the process of updating its current broadband maps with more detailed and precise information on the availability of fixed and mobile broadband services. The Broadband Deployment Accuracy and Technological Availability Act, signed into law in March 2020, requires the FCC to change the way broadband data is collected, verified, and reported

As carriers build, expand, and upgrade their fiber network infrastructure, a great deal of planning is required, along with documenting the intricacies of design and engineering processes.

Streamlining and automating network planning and design processes through software can deliver accurate and timely network info for service providers, increase efficiency, and create opportunities for reducing costs.

GIS based systems are replacing volumes of paper, and outdated static CAD, Excel and Vizio files. They offer sophisticated tools to manage all aspects of network design and infrastructure management. Working with many service providers that use GIS applications, they are able to reduce design time by 80 percent and drastically cut other capital expenditures.

Automation is key

Having to rely on a system of manual processes to manage the fiber network makes it increasingly difficult to scale. Fortunately, with the introduction of automation into the network management process by utilizing an accurate physical network inventory in addition to geographic information system mapping, scalability becomes a much easier task.

Continuous planning and engineering tasks can ultimately become automated through software implementation. Automating network fiber management creates significant business value by shifting a service provider’s approach from reactive to proactive. A comprehensive and updated database for network architecture quickly allows for scenario analysis and capacity planning. Sharing automated processes across different organizations becomes much simpler and improves collaboration while reducing errors. This can allow staff to shift their focus to more pressing operational activities thus making the network more reliable.

Integration between different systems

Whether it is your enterprise GIS or outage monitoring system, it should be easy to interact with third-party systems to get the most out of the network data. Ideally, you should be able to receive an outage notification and use that location to track down the network and pinpoint the root cause to act and quickly resolve the situation before customers notice. This can help save time, money, and guarantee customer satisfaction.

Mobilize network data and increase field worker productivity

Utilizing a fiber networking and planning solution enables network information to be shared easily and quickly between the field and office to provide access to the information they need when they need it at any given time. Enterprise-wide access can provide timely and accurate network information for a wide range of communications service providers.

When it comes to service providers, expanded visibility into a network yields a greater overall awareness of the network. Automating third-party data exchange processes with accurate and up-to date inventory can optimize performance for field workers and guarantee customer satisfaction. Improved access to data can increase ROI by allowing cable locators and field techs to receive accurate confirmation before they arrive at a job. In the end, there will be fewer mistakes which ensures happier customers.

The right tools can result in improved scalability, reduced time to revenue, lower operational costs, and actionable insights that can be gleaned from network data.

Jeff Miller serves as President and CEO of Synchronoss Technologies. He previously served as President for IDEAL Industries Technology Group, following a 16-year experience with Motorola Mobility where he was Corporate Vice President of North America. Miller also serves on the Board of 1871, Chicago’s largest start-up incubator, and on the non-profit Boards of Aspire Chicago and Junior Achievement. This article is exclusive to Broadband Breakfast.

Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to commentary@breakfast.media. The views reflected in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

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Broadband Mapping & Data

States Face Roadblocks in Challenge Processes, FCC Tries to Facilitate

The BEAD timeline looms large for many who worry that two months is insufficient time to correct the map.

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Photo of Kirk Burgee, chief of staff for the FCC's Wireline Competition Bureau

WASHINGTON, November 30, 2022 – As state broadband offices scramble to submit challenges to the national broadband map, the Federal Communications Commission is working to provide much-needed resources to help stakeholders through the often-opaque challenge processes.

The FCC’s new broadband map, released in November, provides location-level data of broadband availability nationwide. The map is comprised primarily of two datasets: a list of all broadband serviceable locations – the “fabric” – and provider-submitted availability data. The accuracy of both can be challenged by the public through designated processes.

The FCC has endeavored to create a consumer-friendly challenge-process, said Kirk Burgee, chief of staff for the Wireline Competition Bureau. “We do try to make the process as flexible and accessible as it can be consistent with getting effective challenges and resolving them correctly,” he explained.

Burgee spoke at an FCC webinar held Wednesday to demystify the fixed-availability bulk-challenge process.

The FCC’s availability data will largely determine the distribution of the $42.45 billion Broadband Equity, Access, and Deployment program among the states. The National Telecommunications and Information Administration, the subdivision of the Department of Commerce which administers the BEAD funds, has advised the public to submit challenges by January 13, 2022, to ensure they are considered for BEAD grants – scheduled to be announced in June.

The immediate stakes of accurate mapping

If the FCC’s data is inaccurate when the NTIA calculates the allocations, some states could be shorted on badly needed funding. Some industry players say the map is concerningly inaccurate, and others say the FCC’s challenge processes may prove prohibitively complex.

Georgia has yet to submit fabric challenges, although it intends to, wrote Joshua Hildebrandt, the state’s director of broadband initiatives, in correspondence with Broadband Breakfast.

“So far, we have encountered a number of hurdles that have made a quick challenge submission difficult to do,” Hildebrandt explained. “Georgia is fortunate to have a considerable amount of data, which helped us create one of the nation’s first public statewide address-level broadband service maps.

“However, even with all of this applicable data in-house,” he added, “The FCC’s process for challenging fabric locations on a one-by-one basis still requires substantial effort and time.”

“The fabric is an enormous challenge, but we are very disappointed in the quality of the fabric and, more importantly, the insistence on using it and moving forward,” David Lukens, Connecticut’s broadband-mapping coordinator, told Broadband Breakfast.

“The FCC’s burdensome challenge process incentivizes…challenges focused only on potential BEAD project area,” he added.

Several state broadband officials told Broadband Breakfast that they have, by necessity, thus far submitted fabric challenges primarily for unserved areas, leaving the FCC’s data for numerous locations in better-served areas uncorrected. Some say, however, that they will submit additional challenges going forward.

The challenge process may work, but some say time is running short for BEAD

Spokespeople for the FCC and CostQuest have routinely acknowledged the errors in the map’s first draft and urged stakeholders to submit challenges to correct them. Some experts, including Scott Wallsten of the Technology Policy Institute, say inaccuracies are inevitable, but the challenge process will largely ameliorate them in time.

The BEAD timeline looms large for many who worry that less than two months – the interval between the map’s November release and January 13 – is insufficient time to correct the map. And like any massive undertaking, smaller entities struggle to keep up.

Kansas’ broadband director, Jade Piros de Carvalho, told Broadband Breakfast her small team lacks the bandwidth to submit a bulk challenge at all. Piros de Carvalho has encouraged her fellow Kansans to submit their own challenge. “Currently the FCC shows KS at about 5 percent unserved. We are more likely closer to 15 percent unserved, and that difference will have a direct negative impact on the dollars we receive,” she wrote Monday.

Maine will take a multi-stakeholder approach that will mobilize communities and regional partners, Andrew Butcher, president of the Maine Connectivity Authority, told Broadband Breakfast. In addition, the state itself plans to submit bulk-availability and fabric challenges by January 13, Butcher said.

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