January 19, 2021 – The Federal Communications Commission (FCC) has released a Third Report & Order that further outlines the new Digital Opportunity Data Collection.[1] With this order the FCC takes another step closer to producing more accurate broadband maps.

This proceeding will be a top 10 item for the next leader of the FCC because the maps the new data collection produces will underpin many FCC decisions related to broadband, such as where universal service funding will be spent.

The Digital Opportunity Data Collection is a big change from the old FCC Form 477 collection as fixed and mobile broadband providers will be required to submit significantly more data to the FCC, data that will be much more granular too. Other broadband stakeholders, such as state commissions and consumers also will be able to provide input on where broadband is or isn’t. All of this will result in the FCC collecting a massive amount of data, which of course is expected to yield more accurate broadband maps for everyone involved.  

Here’s a quick history on how the FCC got here, followed by a very quick summary of what’s in the order.

Background History On FCC Broadband Mapping

In 2000, the FCC started collecting subscribership information from Internet service providers using FCC Form 477. Deployment and speed data were added in 2013 by the requirement to report census blocks where services are available and differentiate between residential and business subscribers. This produced significantly more data which enabled the FCC to better analyze and understand where service is and is not available. However, the Form 477 reporting process had limitations, such as defining an entire census block as served even if a provider was only able to serve a single subscriber in the block.

In an August 2019 Report & Order, the FCC created the Digital Opportunity Data Collection, a new data initiative distinct from the existing Form 477 collection that will gather geospatial broadband service availability data (i.e., polygons), as well as crowdsourced data to challenge the accuracy of the submitted data.[2] Next Congress passed the Broadband DATA Act in March 2020.[3] The FCC then took action to align its Digital Opportunity Data Collection with the requirements of the Broadband DATA Act, including, among other things, adopting reporting standards for fixed and mobile services, approving the Broadband Serviceable Location Fabric, establishing processes for verifying provider data, establishing certification obligations, defining audits processes, creating a process for accepting crowdsourced data,  and approving the use of High Cost Universal Broadband (HUBB) data.[4] 

Digital Opportunity Data Collection Third Report & Order

In the Third Report & Order, the FCC further refines its Digital Opportunity Data Collection and moves closer to its goal of producing highly accurate and reliable broadband maps, which generally includes the following:

The FCC specifies that facilities-based fixed service providers are required to report broadband Internet access service coverage in the Digital Opportunity Data Collection and requires these providers to identify where such services are offered to residential locations as well as where they are offered to business locations.

The FCC establishes specific reporting requirements relating to speed and latency for fixed service providers and requires terrestrial fixed wireless services providers to report on the coordinates of their base stations.

For mobile services, the FCC requires additional information reporting concerning provider networks and propagation, which will allow the FCC to verify provider data more effectively.

The FCC establishes requirements for challenges to fixed and mobile service coverage reporting and challenges to the “Broadband Serviceable Location Fabric” data.

The FCC establishes standards for identifying locations that will be included in the Fabric, and establishes standards for enforcement of the requirements associated with the Digital Opportunity Data Collection.

Facilities-Based Providers Are Subject To The Digital Opportunity Data Collection

The new Digital Opportunity Data Collection applies to facilities-based providers. An entity is a facilities-based provider of a service if it supplies the service using any of five types of facilities:

(1) physical facilities that the entity owns and that terminate at the end-user premises;

(2) facilities that the entity has obtained the right to use from other entities, such as dark fiber or satellite transponder capacity as part of its own network, or has obtained from other entities;

(3) unbundled network element (UNE) loops, special access lines, or other leased facilities that the entity uses to complete terminations to the end-user premises;

(4) wireless spectrum for which the entity holds a license or that the entity manages or has obtained the right to use via a spectrum leasing arrangement or comparable arrangement pursuant to subpart X of Part 1 of our Rules (47 CFR §§ 1.9001-1.9080); or

(5) unlicensed spectrum.

Digital Opportunity Data Collection Filing Schedule

Broadband providers will file their Digital Opportunity Data Collection data according to the same schedule currently used for FCC Form 477:

• Data as of December 31 will be due March 1

• Data as of June 30 will be due September 1

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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, Third Report And Order, FCC 21-20 (Jan. 19, 2021), https://docs.fcc.gov/public/attachments/FCC-21-20A1.pdf.

[2] 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, 34 FCC Rcd 7505, FCC 19-79 (Aug. 6, 2019), https://docs.fcc.gov/public/attachments/FCC-19-79A1.pdf.

[3] Broadband Deployment Accuracy and Technology Availability Act, Pub. L. No. 116-130, 134 Stat. 228 (2020) (codified at 47 U.S.C. §§ 641-646), https://www.congress.gov/bill/116th-congress/senate-bill/1822.

[4] Establishing the Digital Opportunity Data Collection, WC Docket No. 19-195, Modernizing the FCC Form 477 Data Program, WC Docket No. 11-10, Second Report And Order And Third Further Notice Of Proposed Rulemaking, 35 FCC Rcd 7460, FCC 20-94 (July 17, 2020), https://docs.fcc.gov/public/attachments/FCC-20-94A1.pdf.