Broadband Deployment Accuracy and Technological Availability (DATA) Act

On August 22, the Federal Communications Commission (FCC) threatened significant fines for eleven internet service providers (ISPs) that failed to participate in the FCC broadband data collection and mapping process. These ISPs have been issued several warnings from the FCC to begin complying with the broadband mapping rules.

Let’s discuss the current Broadband Policy State of Play and how the election may affect it. There are four fundamental goals of broadband policy:

In May 2022, the Government Accountability Office (GAO) published an oft-quoted report that described federal funding for broadband as a “fragmented, overlapping patchwork.” Despite more than 100 broadband-related programs investing millions of dollars into deployment, affordability, planning, digital skills, and connective devices, GAO found that “millions of Americans still lack broadband, and communities with limited resources may be most affected by fragmentation.” GAO asked the National Telecommunications and Information Administra

The Federal Communications Commission issued notices of Citation and Order to eleven broadband providers for failure to file mandatory broadband data. The Broadband DATA Act requires the Commission to collect broadband service availability data twice per year for use in creating coverage maps. The companies that received citations had missed two or more occasions to submit data. The companies are:

California is getting more than $1.8 billion in federal grant money to expand high-speed broadband service in areas where residents have little to no access. But advocates say the state is undercounting the true number of residents who lack internet, especially those living in apartment buildings. That could mean dense cities like Los Angeles not getting their fair share.

We should not take our foot off the gas when it comes to the importance of better mapping, considering it’s at the heart of so much in the rural broadband space. Congress charged the Federal Communications Commission in early 2020 with creating a national broadband availability map. It is only fair to say that the national broadband map is better than any broadband availability dataset before it, and that it keeps getting better. But we are in no position to declare “mission accomplished” or even “good enough” when it comes to the national broadband map.

The Federal Communications Commission launched its new Mobile Speed Test app which features an enhanced user interface that makes challenging the accuracy of the provider-reported mobile coverage data even easier. The new app replaces the original FCC Speed Test app and is part of the FCC’s Broadband Data Collection program.  It enables users to obtain free, open, and transparent information about the performance of their mobile network.

The Federal Communications Commission's Wireline Competition Bureau (Bureau) announced an update to the Interim Eligible Locations list for use in the Enhanced Alternative Connect America Model (Enhanced ACAM) mechanism.  Pursuant to the Enhanced A-CAM Order, the Bureau must provide a final report on the Enhanced A-CAM obligations and support amounts no later than December 31, 2025.  The Interim Eligible Locations file is intended to update to Enhanced A-CAM carriers and other stakeholders regarding the status of locations in Enhanced A-CAM service areas based on currently available data.

On July 9, the House Commerce Committee's Communications and Technology Subcommittee held a hearing on the fiscal year (FY) 2025 budget for the Federal Communications Commission. FCC Chairwoman Jessica Rosenworcel testified before the subcommittee along with fellow commissioners Brendan Carr, Geoffrey Starks, Nathan Simington, and Anna Gomez.

Californians will work to make broadband maps as accurate as possible via a challenge process running from July 8 through Aug. 5. The final maps will determine if the most in need will get internet infrastructure into their homes. But advocates say the internet access maps are highly inaccurate. Only local and tribal governments, internet service providers, and advocacy groups can demand changes to the map.