Representatives Question FCC's Pai on Faulty Broadband Data

House Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) and Communications and Technology Subcommittee Ranking Member Mike Doyle (D-PA) sent a letter to Federal Communications Commission (FCC) Chairman Ajit Pai reiterating their concerns about the faulty broadband deployment data at FCC and asking him whether this data was used in the Commission’s decision to repeal net neutrality consumer protections. Section 706 of the Telecommunications Act of 1996 requires the FCC to conduct an annual inquiry into the availability of advanced telecommunications capability so that it can then take action to remedy any deficiencies.  Yet, experts have repeatedly testified before Congress stating that this data is not reliable and that these flaws have led to FCC data and maps that consistently overstate broadband coverage, creating a perception that competition is more robust than it is. 

Reps Pallone and Doyle requested answers from Chairman Pai to the following questions: 

• Did the Commission rely on erroneous “facts” gleaned from faulty form 477 data to support its reasoning in the Restoring Internet Freedom proceeding that ultimately rolled back net neutrality?   Please provide a yes or no answer and a brief explanation.
• If the Commission did use the data from its Form 477 in the Restoring Internet Freedom proceeding, how did the Commission confirm the accuracy of the data?  Please provide any technical analysis performed by Commission staff to ensure that that its data was accurate.
• If the Commission did not use the Form 477 data to make its final determination to eliminate net neutrality protections, on which data was its decision based?
• If the Commission did not use the Form 477 data to support its findings in the Restoring Internet Freedom Order, why has the Commission deemed these data sufficient for other Commission purposes, such as for use in making decisions on how to deploy funding from the Universal Service Fund, but not a sufficient basis for supporting its decision to reverse net neutrality protections?  Please explain.