The Timing of the Challenge Process to the FCC’s Broadband Map Under Increasing Scrutiny

Since the Federal Communications Commission released its pre-production draft of its new Broadband Maps in November 2022, a wide range of public and private entities have asserted that the data is inaccurate and would result in significant misallocations of Broadband Equity, Access, and Deployment program funding if errors are not corrected. Several state and local government entities have raised concerns that a January 13 deadline does not provide sufficient time to submit challenges. While the National telecommunications and Information Administration has acknowledged these concerns, it has not, as of yet, indicated a willingness to extend the January 13 deadline. Similarly, FCC Chairwoman, Jessica Rosenworcel counseled, “[w]hile we will take a close look at any availability challenges filed at any time, because of the time frames for availability challenges set forth under the rules and the law, you will have the best opportunity for your availability challenge to be resolved ahead of NTIA’s planned funding time frame if you file it by January 13.”