Broadband Deployment Accuracy and Technological Availability (DATA) Act

States have already submitted more than 300,000 location challenges since the Federal Communications Commission opened the door for them to request corrections to its new and improved broadband map. But as a deadline for availability challenges looms, some states said they’ve encountered issues with the submission process. The FCC said that while individual challenges are visible on its broadband map interface, it is not reporting aggregate figures about the challenges it has received. More than 344,000 challenges have been filed between nine states.

As the January 13 deadline looms for states to challenge the current Federal Communications Commission broadband coverage map, many states are asking for more time. I'm starting to wonder, however, whether more time is actually all that important. The FCC process is NOT building a location-level map of actual delivered broadband speeds, but rather a map of the performance that providers say they can deliver if a customer requests it. So let's try to put all of this together and see what it means. For me, a few key takeaways stand out (All of this is not to say that state efforts to understa

It is unfortunate timing that the new Federal Communications Commission broadband map was issued in the middle of the process of trying to determine the Broadband Equity, Access, and Deployment (BEAD) grant funding. Congress said that the amount of funding that will go to each state must be based upon the FCC map – and the first draft is clearly flawed. However, assuming that that grant funding question gets resolved somehow, there remains the bigger issue of whether the new FCC map will ever accurately portray broadband availability.

Sens. Catherine Cortez Masto (D-NM) and Jacky Rosen (D-NM) sent a letter to the Federal Communications Commission asking the body to reconsider maps drafted for the Silver State's broadband Internet connectivity, calling the drafts "deeply flawed" and warning that such maps could perpetuate the digital divide among the state's urban and rural areas.

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