GOP Grills FCC on Improving Broadband Mapping Now, as Agency Spells Out New Rules

March 11, 2021 – Federal Communications Commission Acting Chairwoman Jessica Rosenworcel has changed her stance on the timeline for updating the FCC’s broadband mapping data, and several House and Senate Republicans are wondering why.

“On March 10, 2020, you testified before the Senate Appropriations Committee’s Subcommittee on Financial Services and General Government that the FCC could ‘radically improve’ its broadband maps ‘within three-to-six months,’” read the letter, sent Monday to Rosenworcel from the GOP delegation.

“You repeated that statement the next day, testifying before the House Appropriations Committee’s FSGG Subcommittee that the agency could fix its maps in ‘just a few months.’”

“You can imagine our surprise and disappointment when the FCC recently suggested the new maps would not be ready until 2022,” the letter read, referring to the FCC’s open meeting on February 17, 2021.

“The United States faces a persistent digital divide. The pandemic has made connectivity more important than ever, yet millions of Americans continue to live without high-speed broadband. Any delay in creating new maps would delay funding opportunities for unserved households,” the letter read.

The letter requests Rosenworcel’s response by March 22, 2021, including why she changed the timeline, details on the timeline for developing new maps, how the FCC plans to spend the $98 million funding provided for this updated mapping as part of the Consolidated Appropriations Act that passed in December 2020, among other stipulations.

Digital Opportunity Data Collection order spells out rules for mapping

On January 19, 2021, as the final order before FCC Chairman Ajit Pai left his position, the FCC announced new rules for mobile and fixed broadband providers to submit data.

The agency began collecting data from service providers in 1996 with the Telecommunications Act, and at that time considered broadband connection speed to be at least 200 kilobits per second (Kbps).

While internet speeds have greatly improved since then, the January 19 order still uses the 200 Kbps speed as at least one benchmark measurement 25 years later.

The fact that many Americans still lack access to modern, high-speed broadband has become increasingly apparent during the COVID-19 pandemic, as many children lack a consistent connection to the internet for remote learning.

Improving broadband mapping has been a major obstacle for the FCC for several years. Since the Telecommunications Act became law and the commission began gathering data on their Form 477, further legislation has been passed to improve that data, including the National Broadband Plan and National Broadband Map in 2010 and 2011, but many say that the maps still need considerable work.

In August 2019 the FCC launched this new mapping initiative, dubbed “Digital Opportunity Data Collection.” It shifts how the agency gather data from service providers using Form 477. Now, they will be required to provide more granular information.

Then, in March 2020 Congress passed the Broadband Deployment Accuracy and Technological Availability (DATA) Act into law. It further improves the way the FCC much collects broadband mapping data. It wasn’t until the consolidated appropriations bill in December that Congress appropriated funds for the mapping effort.

New order returns to August 2019 principles

Under the new order, fixed broadband providers must submit data for services offered, specifying if they are for residents and/or businesses.

The order states: “This represents a change from the Commission’s proposal in the Second Order and Third Further Notice to collect data separately on residential and on business-and-residential offerings. We find that the approach we adopt will provide us with a more complete picture of the state of broadband deployment.”

Data for non-mass market services do not need to be filed, because the FCC says it does not fall within the scope of the Broadband DATA Act. Data services that will not need to be collected include those purchased by hospitals, schools, libraries, government entities, and other enterprise customers.

The order requires providers to report connection speeds for broadband internet access. The FCC considers a download speed faster than 25 megabits per second (Mbps) and an upload speed faster than 3 Mbps as “advanced telecommunications technology.” That also matches the speed threshold on Form 477, at least since 2015.

Companies must report the maximum advertised speeds in the geographic area if they’re higher than 25/3 Mbps. Although the median fixed broadband speed is much higher than that across America, as reported by Ookla for the fourth quarter of 2020, millions of Americans still lack quality access to the internet.

When providers report their speeds to the FCC under the new order, they must specify in two tiers the connection speed if it falls below the 25/3 Mbps threshold. The first tier is for speeds between 200 kbps and 10/1 Mbps, and the second tier falls between 10/1 Mbps and 25/3 Mbps.

With the new order, fixed wireless providers that submit propagation maps are now required to also submit geographic coordinates—latitude and longitude—for their base stations that provide broadband to their consumers.

Previously, providers were required to submit data only on the spectrum used, height of the base station and type of radio technology. The order details that also verifying the geographic coordinates of base stations will allow for more accurate mapping. Due to the sensitive nature that geographic coordinates may have “for business or national security reasons,” the FCC will consider this new data presumptively confidential.

Latency and signal strength information now required

The new order requires fixed broadband access providers to submit information on latency in their semiannual Digital Opportunity Data Collection filing. The information must detail whether the network round-trip latency for the maximum speed offered in a geographic area is at or below 100 miliseconds.

The agency used the 100 milisecond threshold because it aligns with the requirement for the Connect America Fund Phase II program, which subsidizes companies that provide broadband access in unavailable areas.

Mobile broadband providers are now required to submit signal-strength “heat maps” showing reference signal received power and received signal strength indicator. Both of these metrics are ways of measuring 4G LTE and 5G mobile signal strength.

Covering only outdoor strength, the maps must include data for both pedestrians and drivers. Mobile providers must also submit 3G maps for areas without access to 4G or 5G connections. Due to various factors that affect signal strength, the FCC has not set a floor for minimum signal strength.

Additionally, all mobile and fixed broadband providers must certify each submission by a qualified engineer for accuracy, in addition to the corporate officer certification. The engineer must be employed by the service provider and is directly responsible for or has knowledge of the submitted maps.

FCC verification processes, and the deployment of a broadband fabric

The order permits the FCC’s Office of Economics and Analytics and Wireless Telecommunications Bureau to request additional information from mobile service providers to verify all necessary information that details either infrastructure information or on-the-ground test data for the area where coverage is provided. The companies must do so within 60 days of the request.

The order also directs OEA to verify mobile on-the-ground data submitted by state, local, and Tribal government entities that are responsible for mapping broadband service coverage. It also permits OEA to similarly verify data from third parties if that data is in the public interest for developing the coverage maps or to verify other data as submitted by providers.

The order also adopted a previous suggestion to implement systems for consumers, governmental or other entities to challenge coverage maps for both fixed broadband and mobile connections, disputing the data submitted by providers.

US Telecom and WISPA, trade association representing telecom and wireless providers in the United States, has been working with CostQuest Associates on a “fabric” mapping system for years. The CostQuest system touts considerable improvement over the FCC’s current broadband mapping. The Fabric is based on granular address-level data.

In this new order, the FCC took the first steps to implementing such a system by adopting the definition of a “location” as a residential or business location at which fixed broadband access service is or can be installed, using geographic coordinates.

The commission declined to use street address data until at least they are able “to determine the types of data and functionality that will be available through the procurement process.”