July 11, 2019 – The Federal Communications Commission has released a DRAFT Report and Order and Second Further Notice of Proposed Rulemaking which are aimed at collecting more accurate broadband deployment data and producing more precise broadband maps.[1] The FCC expects to vote to adopt the item at its next open meeting, scheduled for Thursday, August 1, 2019.

In the Report and Order, the FCC first creates the Digital Opportunity Data Collection, a new data collection initiative that is distinct from the existing Form 477 collection. It will gather geospatial broadband service availability data (i.e., polygons) specifically targeted toward advancing universal service goals, starting with the implementation of the Rural Digital Opportunity Fund.[2] The Universal Service Administrative Company (USAC), with guidance from various FCC Bureaus, will develop a new portal to accept broadband coverage map polygons from fixed broadband providers. The Digital Opportunity Data Collection is limited to fixed broadband providers, but the FCC seeks comment in the Second Further Notice on how to later incorporate mobile wireless coverage data into the process.

Next, the FCC adopts a process to begin collecting public input – referred to as “crowdsourcing” – on the accuracy of service providers’ broadband deployment data. This will allow members of the public to submit broadband availability data to “check” the information submitted by broadband providers in their towns and cities.

Finally, the Report and Order makes targeted changes to the existing Form 477 data collection process that are intended to reduce reporting burdens for all providers. The changes remove, clarify, and modify certain existing broadband data collection requirements.

In the Second Further Notice, the FCC seeks comment on aspects of the Digital Opportunity Data Collection that should enhance the accuracy and usefulness of broadband deployment reporting. First, the FCC ask for input on the following issues related to geospatial reporting: how to best develop polygons depicting fixed broadband coverage; establishing standards for reporting coverage polygons for terrestrial fixed wireless broadband service; whether fixed broadband providers should include latency levels along with the other parameters in reporting their coverage polygons; and what steps the FCC can or should to take to support the production of high-quality data and ways the FCC can provide incentives to improve the quality of the data filed.

Next, the FCC seeks comment on how to improve upon the existing satellite broadband data collection to reflect more accurately current satellite broadband service availability and the unique characteristics of satellites. Third, the FCC seeks comment on steps the FCC and USAC can take to make the best use of crowdsourced data to improve the quality of broadband availability data. Next, the FCC seeks comment on ways to incorporate the filing of location-specific fixed broadband deployment data (such as High-Cost Universal Broadband portal (HUBB) data).

Finally, with respect to mobile wireless service, the FCC seeks comment on how to align the Digital Opportunity Data Collection with changes in mobile broadband deployment technology, in order to collect more accurate and reliable mobile broadband deployment data.

FCC Form 477 Data – A Blunt Instrument – Soon To Be A Precise Tool?

Twice a year, broadband and voice service providers use FCC Form 477 to report information on connections to end-users. Broadband providers report information on last-mile technology and maximum download speeds. The FCC has traditionally used Form 477 data to compile yearly mandatory reports, such as the annual report on the progress of broadband deployment in the U.S.

Roughly 10 to 15 years ago, no one really paid close attention to the accuracy of the FCC Form 477 broadband data collection process. But that all changed in recent years when FCC Form 477 data started playing a much larger role in FCC policymaking. The FCC now relies heavily on Form 477 data to make decision on where to distribute universal service fund support. The FCC uses Form 477 data to determine whether areas have access to broadband service, and consequently, whether a certain area is eligible to receive universal service fund support. When this first happened, broadband providers and other stakeholders suddenly started taking the Form 477 data collection process more seriously. Some providers found out they had been submitting incorrect data for years. While others became aware of a dirty little secret that some had been aware of for some time – FCC Form 477 data overstates broadband coverage.

The biggest problem is that broadband providers report the census blocks where service is available (or could make service available within a reasonable amount of time), even if only a small part of the census block is actually served. The FCC Form 477 instructions provide an explanation:

Fixed broadband connections are available in a census block if the provider does, or could, within a service interval that is typical for that type of connection – that is, without an extraordinary commitment of resources – provision two-way data transmission to and from the Internet with advertised speeds exceeding 200 kbps in at least one direction to end-user premises in the census block.[3]

Form 477 data does not depict whether a broadband provider that serves subscribers within a particular census block is able to serve the entire census block or only some small portion. A provider need only serve or be able to serve one subscriber within a census block to list the entire block as served on its Form 477. It should be noted that census blocks come in many shapes and sizes, with census blocks in the western half of the U.S. and most rural states typically being the largest. The point here is that the way the Form 477 is set up leads to overstated broadband coverage. This becomes a major problem when USF funding is at stake.

The cries for better broadband maps can be heard coming from broadband providers, consumers, and Congress. And, all of these stakeholders have their own idea of how to fix things – just take a look at the FCC’s WC Docket No. 11-10, Modernizing the FCC Form 477 Data Program. There are numerous competing plans for revising the data collection process and improving broadband mapping. The FCC’s Report and Order and Second Further Notice of Proposed Rulemaking incorporates some of the suggestions that have been submitted and seeks comment on others. Overall, the decision to require the submission of polygons depicting where providers actually provide service is a step in the right direction. Some of the other changes appear to be good ideas. The jury is still out on some aspects of the FCC’s order. For instance, whether crowdsourcing information will help or hinder the process remains to be seen. Since broadband mapping requirements affect all broadband providers, this proceeding is a must follow, and it will continue to be near the top of the FCC’s to-do list.

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[1] Establishing the Digital Opportunity Data Collection, WC Docket No. 19-195, Modernizing the FCC Form 477 Data Program, WC Docket No. 11-10, Report And Order And Second Further Notice Of Proposed Rulemaking, FCCCIRC 1908-02 (July 11, 2019), available at https://docs.fcc.gov/public/attachments/DOC-358433A1.pdf.

[2] See Rural Digital Opportunity Fund, WC Docket No. 19-126, Connect America Fund, WC Docket No. 10-90, Notice of Proposed Rulemaking, FCC-CIR1908-01 (July 11, 2019), available at https://docs.fcc.gov/public/attachments/DOC-358432A1.pdf.

[3] FCC, FCC Form 477, Local Telephone Competition and Broadband Reporting Instructions, at 17 (Dec. 5, 2016), https://transition.fcc.gov/form477/477inst.pdf.