January 20, 2021 – The Federal Communications Commission (FCC) has released a Third Report & Order that further outlines the new Digital Opportunity Data Collection requirements.[1] With this order the FCC takes another step closer to producing more accurate broadband maps.

The new Digital Opportunity Data Collection requires facilities-based broadband providers, both fixed and mobile service providers, to report significant amounts of data showing their broadband Internet access service coverage.

Let’s take a look at some of the requirements for fixed broadband service providers.

Fixed Broadband Providers – Reporting Service Availability, Speed & Latency

Fixed providers must report data only on “mass-market” broadband Internet access services.[2] These are broadband services offered to consumers at their home, as well as business offerings.

Fixed broadband providers must distinguish whether service is provided to residential or business customers.[3] Meaning, fixed broadband service providers must indicate, for each polygon or location they submit, whether the reported broadband service is available to residential customers and whether it is available to business customers.[4]

As for speeds, fixed broadband providers must report the maximum advertised download and upload speeds associated with their fixed broadband Internet access services available in an area.[5] Pricing data is not required. The Digital Opportunity Data Collection will use 25/3 Mbps as the reporting speed floor, requiring fixed providers to report data in the following way:

Broadband Services With Speeds Below 25/3 Mbps – for services offered at speeds below 25/3 Mbps, fixed providers must report the speed associated with the service using two speed tiers: (1) speeds greater than 200 kbps in at least one direction and less than 10/1 Mbps, and (2) speeds greater than or equal to 10/1 Mbps and less than 25/3 Mbps.

Broadband Services With Greater Than Or Equal To 25/3 Mbps – for speeds greater than or equal to 25/3 Mbps, providers must report the maximum advertised download and upload speeds associated with the broadband Internet access service provided in an area.

All fixed broadband service providers must report latency data. Specifically, they must indicate “whether the network round-trip latency associated with each maximum speed combination reported for a particular geographic area is less than or equal to 100 ms, based on the 95th percentile of measurements.”[6]

Fixed broadband service providers that use fixed wireless technology must “submit propagation maps and propagation model details to submit the geographic coordinates (latitude and longitude) of each base station used to provide terrestrial fixed wireless service.”[7] The FCC is requiring this information to assess the validity of a fixed wireless provider’s propagation maps.

The FCC did not adopt any “concrete proposals to more reasonably represent satellite broadband deployment,” but put satellite providers on notice that their data will be scrutinized. Here is what the FCC said:

“Satellite providers cannot report an ability to serve an area or location without a reasonable basis for claiming that deployment, taking into account current and expected locations of spot beams, capacity constraints, and other relevant factors. To help ensure a better representation of satellite broadband availability, we will rely on a number of measures to verify the accuracy of the satellite data, such as crowdsourced data checks, certifications, audits, and enforcement. We will also rely on subscriber data separately reported by satellite broadband providers in assessing the accuracy of satellite provider claims of broadband availability.”[8]

Engineering Certification

Fixed broadband providers must have a corporate officer certify their coverage data filings. In addition, each fixed broadband provider must submit a certification of the accuracy of its data submission by a qualified engineer.[9] If a corporate officer is also an engineer and has the requisite knowledge, a fixed provider may submit a single certification that fulfills both certification requirements.

Here are the details of the engineering certification:

An engineering certification must state that the certified professional engineer or corporate engineering officer is employed by the service provider and has direct knowledge of, or responsibility for, the generation of the service provider’s Digital Opportunity Data Collection coverage maps. The certified professional engineer or corporate engineering officer shall certify that he or she has examined the information contained in the submission and that, to the best of the engineer’s knowledge, information, and belief, all statements of fact contained in the submission are true and correct, and in accordance with the service provider’s ordinary course of network design and engineering.[10]

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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] Third Report & Order at ¶16. The FCC’s rules defines broadband Internet access service as “a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, and includes any service that is the functional equivalent of this, “but excluding dial-up internet access service.” 47 C.F.R. § 8.1. “Non-mass-market” broadband services, most of which are non-mass-market business broadband services are those that “might be purchased by healthcare organizations, schools and libraries, government entities, and other enterprise customers.” Third Report & Order at ¶19.

[3] Third Report & Order at ¶16.

[4] Third Report & Order at ¶18.

[5] Third Report & Order at ¶22.

[6] Third Report & Order at ¶27. This means latency reporting be limited to an indication of whether a broadband service offered is above or below 100 ms.

[7] Third Report & Order at ¶31.

[8] Third Report & Order at ¶35.

[9] Third Report & Order at ¶43.

[10] Third Report & Order at ¶43.