Rural Digital Opportunity Fund Winners Must Provide Technical Information On Their Broadband Networks

December 15, 2020 – Winning bidders in the Rural Digital Opportunity Fund (RDOF) Phase I auction must submit a post-auction long-form application no later than 6:00 p.m. ET on January 29, 2021.[1]

Specifically, the FCC Form 683 long-form application filing window will open at 10:00 a.m. ET on Thursday, January 14, 2021, and will close at 6:00 p.m. ET on Friday, January 29, 2021. The RDOF long-form instructions are available here.[2]

A substantial amount of information must be disclosed in the long-form. Below is an abbreviated summary of what I think is the most important part – the technical information on the broadband network a winning bidder will build using RDOF support.

RDOF FCC Form 683 Long-Form Requirements & Instructions

Generally, RDOF winning bidders will be required to comply with the same long-form application process the FCC used for the Connect America Fund Phase II auction.[3]

The long-form application requirements for RDOF winning bidders are listed in Section 54.804(b), and explained in paragraphs 286 to 322 of the Auction 904 Procedures Public Notice.[4]

RDOF winners will use the long-form to prove they’re worthy of receiving universal service fund support. They will disclose an extensive amount of information to show the FCC they will use the support to meet all of the RDOF broadband obligations –  the company’s current financial standing – the company’s technical expertise – what type of network will be built – how the network will be designed – why the network will be able to meet the service level obligations – whether fiber or fixed wireless technology will be used to meet gigabit tier requirements – eligible telecommunications carrier status – and more.

Without a doubt, though, the most essential part of an RDOF winning bidder’s long-form will be the detailed information on the broadband network that will be built. This is the key. The deciding factor. This will make or break the long-form. It is also what everyone wants to see. Too bad only the FCC will probably ever see this information.

Tell Us About Your Broadband Network: Description Of Technology And System Design

In their long-form applications, all winning bidders must give the FCC technical information on the broadband network they will build using RDOF support.[5] Some of this information was already provided in order to qualify to participate in the auction. But, at the post-auction phase, winning bidders must provide more detailed technical information to support the operational assertions made in their short-forms. It’s like the FCC watched the trailer a few months ago and now it’s time for the entire movie.

It’s important to keep this in mind – just because a bidder qualified for a specific performance tier, such as the gigabit tier, and won support to provide that tier of service, does not mean that the bidder will automatically be approved to receive that support. Here is what the FCC has said on the matter:

A determination at the short-form stage that an applicant is eligible to bid for a performance tier and latency combination would not preclude a determination at the long-form application stage that an applicant does not meet the technical qualifications for the performance tier and latency combination and thus will not be authorized to receive Rural Digital Opportunity Fund support.[6]

This means maybe the FCC watched the trailer a few months ago, liked it, but after sitting through the whole movie, is very disappointed and wants a refund. Basically the Suicide Squad movie. Anyway, that stipulation might help temporarily ease some of those that took a look at the short-forms after the close of the RDOF auction. Some of the winners appear to be facing an uphill battle.

Ok, so what technical information is required. Every winning bidder must provide a “detailed technology and system design description that explains how the design and technologies chosen will meet the relevant performance requirements, including information regarding quality, coverage, voice service, network management and on-going operations.”[7] Further, they must include a detailed network diagram, certified by a professional engineer that “the network is capable of delivering, to at least 95% of the required number of locations in each relevant state, voice and broadband service that meets the requisite performance requirements.”[8]

Technology & System Design Description Submitted In Two Stages

The technical network information will be provided in two stages because many bidders won support for multiple areas within multiple states, and it could take a considerable amount of time for some to get the information ready. The first stage of information, a high level overview, is due by the January 29, 2021, long-form filing deadline. The second stage of information, detailed technology and system design descriptions, is due 70 days from the release of the December 7, 2020, Auction 904 Closing Public Notice.

Four Categories Of Technical Network Information

Here is a very condensed summary of the information. Each winning bidder, regardless of the network technologies it proposes to use, must provide information that falls within the following four categories:

• Overall Network Design (last mile, backhaul, interconnection, voice, scalability, leased facilities, engineering assumptions, and peak period performance);

• Project Plan (overall buildout schedule, last mile and middle mile schedule, projected annual milestones, and achieving 95% location deployment at completion);

• Network Management and On-going Operations (monitoring network usage parameters, maintaining performance through 10-year support term, use of internal employees or contractors, and plans for meeting FCC broadband performance measures testing); and

• Network Diagram Certified By Professional Engineer (describe wireline and wireless links between nodes, describe all types of nodes and inter-nodal links, locations per node, indicate use of new and existing facilities, voice service nodes, and connections to Internet backbone and PTSN).[9]

The full details for each category are in paragraphs 306 through 309 of the Auction 904 Procedures Public Notice. And, the FCC says that’s the information that should be provided at a minimum.

Additionally, any winning RDOF bidder that proposes to use terrestrial fixed wireless technologies or proposes to use primarily satellite technologies must provide additional technical information.[10]

Here are the citations and links to the important documents covering the RDOF long-form requirements:

RDOF Order: Rural Digital Opportunity Fund, WC Docket No. 19-126, Connect America Fund, WC Docket No. 10-90, Report And Order, FCC 20-5, ¶ 86 (Feb. 7, 2020), https://docs.fcc.gov/public/attachments/FCC-20-5A1.pdf.

Auction 904 Procedures Public Notice: Rural Digital Opportunity Fund Phase I Auction Scheduled For October 29, 2020 Notice And Filing Requirements And Other Procedures For Auction 904, AU Docket No. 20-34, WC Docket No. 19-126, WC Docket No. 10-90, Public Notice, FCC 20-77 (June 11, 2020), https://docs.fcc.gov/public/attachments/FCC-20-77A1.pdf

Auction 904 Closing Public Notice: Rural Digital Opportunity Fund Phase I Auction (Auction 904) Closes; Winning Bidders Announced; FCC Form 683 Due January 29, 2021, AU Docket No. 20-34, WC Docket 19-126, WC Docket No. 10-90, Public Notice, DA 20-1422, (Dec. 7, 2020), https://docs.fcc.gov/public/attachments/DA-20-1422A1.pdf.

RDOF Long-Form Instructions: FCC Form 683, Application for Rural Digital Opportunity Fund Phase I Support, Auction 904, Instructions, OMB Control No. 3060-1256, https://docs.fcc.gov/public/attachments/DA-20-1422A4.pdf.

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[1] Rural Digital Opportunity Fund Phase I Auction (Auction 904) Closes; Winning Bidders Announced; FCC Form 683 Due January 29, 2021, AU Docket No. 20-34, WC Docket 19-126, WC Docket No. 10-90, Public Notice, DA 20-1422, (Dec. 7, 2020) (Auction 904 Closing Public Notice), https://docs.fcc.gov/public/attachments/DA-20-1422A1.pdf.

[2] FCC Form 683, Application for Rural Digital Opportunity Fund Phase I Support, Auction 904, Instructions, OMB Control No. 3060-1256, https://docs.fcc.gov/public/attachments/DA-20-1422A4.pdf.

[3] Rural Digital Opportunity Fund, WC Docket No. 19-126, Connect America Fund, WC Docket No. 10-90, Report And Order, FCC 20-5, ¶ 86 (Feb. 7, 2020) (RDOF Order), https://docs.fcc.gov/public/attachments/FCC-20-5A1.pdf. The CAF II auction long-form requirements are found at 47 CFR § 54.315(b)(2)(i-viii). The CAF II auction long-form requirements were built on lessons learned from Mobility Fund Phase I, Tribal Mobility Fund Phase I, and the rural broadband experiments. See Connect America Fund, WC Docket No. 10-90, ETC Annual Reports and Certifications, WC Docket No. 14-58, Rural Broadband Experiments, WC Docket No. 14-259, Report And Order And Further Notice Of Proposed Rulemaking, FCC 16-64, ¶¶ 111-141 (rel. May 26, 2016).

[4] Rural Digital Opportunity Fund Phase I Auction Scheduled For October 29, 2020 Notice And Filing Requirements And Other Procedures For Auction 904, AU Docket No. 20-34, WC Docket No. 19-126, WC Docket No. 10-90, Public Notice, FCC 20-77 (June 11, 2020) (Auction 904 Procedures Public Notice). See also RDOF Order at ¶¶ 86-113. The letter of credit requirements for RDOF winning bidders are listed in Section 54.804(c) of the FCC’s rules and explained in paragraphs 319 through 320 of the 286 to 322 of the Auction 904 Procedures Public Notice.

[5] See Auction 904 Procedures Public Notice at ¶¶ 301-311.

[6] Auction 904 Procedures Public Notice at ¶ 64.

[7] Auction 904 Procedures Public Notice at ¶ 301.

[8] 47 C.F.R. § 54.804(b)(iv).

[9] Auction 904 Procedures Public Notice at ¶¶ 306-309.

[10] Auction 904 Procedures Public Notice at ¶ 310 and ¶ 311.