Broadband Deployment Accuracy and Technological Availability (DATA) Act

There has been a lot of recent press about the new ability for households to challenge broadband coverage claimed at their homes by internet service providers (ISP). The Federal Communications Commission's new National Broadband Map also allows folks to challenge the coverage claimed by cellular carriers. There are two ways to challenge the claimed cellular coverage – by individuals or by local governments. The challenge process for individuals is as follows:

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.

Access to high-speed internet (i.e., broadband) has been a focus of congressional interest for decades as a significant—and growing—number of daily activities are conducted online. However, without accurate data, broadband maps may not reliably indicate need, and federal assistance may be provided to areas that already have sufficient service, leaving other areas unserved or underserved. The accuracy of the National Broadband Map is a key concern for many in Congress.

The Broadband Data Task Force (Task Force) announced that the Broadband Data Collection (BDC) filing window for submitting broadband availability and other data as of December 31, 2022, will open on Tuesday, January 3, 2023. Starting on Jan 3, facilities-based broadband service providers may begin to file in the BDC system data that reflects where they made mass-market broadband internet access service available as of December 31, 2022. Such data must be submitted no later than March 1, 2023.

One of the most common complaints I hear from rural folks is the lack of good cellular coverage. Poor cellular coverage doesn’t seem to have gotten the same press as poor broadband, but not having access to cell phones might be more of a daily challenge than the lack of broadband. The Federal Communications Commission maps only ask a cellular carrier to show if it meets the FCC definition of cellular broadband, which is embarrassingly low: 5 Mbps download and 1 Mbps upload is considered covered for 4G.

The bipartisan leadership of the Senate Commerce Committee wants stakeholders to have more time to challenge the accuracy of the Federal Communication Commission's new broadband availability map given what they said were the “significant flaws’ already discovered in the draft map. The FCC has conceded the mapping is an iterative process that will be improved by stakeholder challenges. The senators said, “it is absolutely critical that states, tribes, localities, and stakeh

What counts as a fiber passing, anyway? It seems the answer varies slightly by operator, though most consider a passing to be any location which can be connected to fiber running along the main road. A Consolidated representative said passings are locations that are in “close proximity” to its network.

Twenty-six US senators—led by Sens Shelley Moore Capito (R-WV), Jacky Rosen (D-NV), Roger Wicker (R-MS), John Thune (R-SD)—sent a letter to Federal Communications Commission Chairwoman Jessica Rosenworcel highlighting important next steps in ensuring that the National Broadband Map provides a reliable depiction of broadband availability across the country. The senators are calling on the FCC to:

Billions of dollars are up for grabs to expand broadband availability across the country. But the Federal Communication Commission maps that will determine where the money goes are inaccurate, according to the Texas comptroller, because internet service providers inflated their coverage areas. The Texas office charged with challenging and improving those maps at the state level says it can’t.

I suspect that there are already a lot of communities and other folks who are in violation of the license agreement to view and use the new Federal Communications Commission mapping fabric and associated data. CostQuest, the firm that created the mapping fabric, has provided communities and others with a basic license to view and utilize the mapping data strictly for the purpose of the Broadband Data Collection (BDC) process – for reviewing and challenging the FCC maps. Anybody that wants to use the mapping data for any other purpose must sign a different agreement and pay to utilize the da