It has been known for years that the maps the FCC requires broadband companies to provide as part of their Form 477s extremely overstate broadband availability. That is because if a single customer has access to broadband in a census block, the entire block (which may be huge in a rural area) is counted as having available broadband. Finally, the Commission is prepared to act on this problem. At its upcoming August 1, 2019 meeting, it will adopt a Report and Order and Second Further Notice of Proposed Rulemaking in Dockets 19-195 and 11-10 to fill in the gaps in broadband coverage “where some, but not all, homes and businesses have access to modern communications service.”

According to a July 11, 2019 News Release, the Commission will use the Report and Order to:

• Establish the Digital Opportunity Data Collection: A new data collection that will collect geospatial broadband coverage maps from Internet service providers, specifically aimed at advancing the Commission’s universal service goals;
• Adopt a Process: to collect public input, commonly known as “crowdsourcing,” on the accuracy of service providers’ broadband maps; and
• Make Targeted Changes: to the existing Form 477 data collection to reduce reporting burdens for all filers and modify the collection to incorporate new technologies.

In the Second Further Notice of Proposed Rulemaking, the Commission will seek industry comments on:

• Additional Technical Standards: for fixed broadband providers that could ensure greater precision for the Digital Opportunity Data Collection deployment reporting and on ways the Commission can incorporate location-specific fixed broadband deployment data in this new data collection;
• Incorporating the Collection: of accurate, reliable mobile wireless voice and broadband coverage data into the Digital Opportunity Data Collection; and
• Sunsetting: the Form 477 broadband deployment collection following the creation of the Digital Opportunity Data Collection.

Comments will be due 30 days after the Notice is published in the Federal Register.

The key to the Commission’s attempt to “fix” the broadband maps will be its new requirement that broadband providers provide more granular data. Broadband providers will have to determine the actual availability of broadband in their service areas on an individual customer basis, while having their assertions checked with actual public input. It should be interesting!

Here are the specific requirements for broadband providers:

We require all fixed providers to submit broadband coverage polygons depicting the areas where they actually have broadband-capable networks and make fixed broadband service available to end-user locations. The filings must reflect the maximum download and upload speeds actually made available in each area, the technology used to provide the service, and a differentiation between residential-only, business-only, or residential-and-business broadband services. Fixed providers in the new collection must submit a broadband coverage polygon for each combination of download speed, upload speed, and technology. Where fixed providers offer different maximum speeds to residential and business customers, even if using the same network facilities, they must file separate polygons. Where the offered speed varies by location or distance from network facilities, fixed providers must submit separate polygons to reflect those differing maximum offered speeds. (Draft Report and Order, at para 12.).

Broadband service is available in an area “if the reporting fixed provider has a current broadband connection or it could provide such a connection within ten business days of a customer request and without an extraordinary commitment of resources or construction costs exceeding an ordinary service activation fee. The filer must be able to establish a connection within this timeframe to every end-user location contained in the reported broadband coverage polygon.”

Under this standard, a fixed provider must have fiber or cable in place proximate, if not connected, to the locations within its reported polygons—for example, we expect a residence would be included only if the utility pole or conduit on the right of way adjacent to the residence is already wired and awaiting just a drop cable. A fixed wireless provider must have already installed enough base stations to cover and meet reasonably anticipated customer capacity demands; the installation of an additional base station, for example, would constitute an extraordinary commitment of resources. Fixed broadband services are not actually available for purposes of the Digital Opportunity Data Collection in any area where the filer does not meet this standard. (Id., at para. 13).

This new data collection will be run by the Universal Service Administrative Company (USAC) and will take effect after USAC issues a notice announcing the availability of the new collection platform and the reporting deadlines. Fixed broadband service providers will be required to file initial service availability reports within six months of USAC’s notice. USAC will also create an online portal for government entities and members of the public to review and dispute the broadband coverage polygons filed by fixed providers under the new collection.

The best part of this whole deal is that the Commission has decided that release of company-specific company data is not proprietary. Going forward it will publish nationwide, provider-specific coverage maps depicting minimum advertised or expected speed data. Providers will be on the hook to truly provide the services they advertise!