Collapse to view only § 646. Other provisions
- § 641. Definitions
- § 642. Broadband maps
- § 643. Enforcement
- § 644. Improving data accuracy
- § 645. Cost
- § 646. Other provisions
The term “broadband internet access service” has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
The term “Broadband Map” means the map created by the Commission under section 642(c)(1)(A) of this title.
The term “cell edge probability” means the likelihood that the minimum threshold download and upload speeds with respect to broadband internet access service will be met or exceeded at a distance from a base station that is intended to indicate the ultimate edge of the coverage area of a cell.
The term “cell loading” means the percentage of the available air interface resources of a base station that are used by consumers with respect to broadband internet access service.
The term “clutter” means a natural or man-made surface feature that affects the propagation of a signal from a base station.
The term “Fabric” means the Broadband Serviceable Location Fabric established under section 642(b)(1)(B) of this title.
The term “Form 477” means Form 477 of the Commission relating to local telephone competition and broadband reporting.
The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 5304 of title 25.
The term “Mobility Fund Phase II” means the second phase of the proceeding to provide universal service support from the Mobility Fund (WC Docket No. 10–90; WT Docket No. 10–208).
The term “propagation model” means a mathematical formulation for the characterization of radio wave propagation as a function of frequency, distance, and other conditions.
The term “provider” means a provider of fixed or mobile broadband internet access service.
The term “quality of service” means, with respect to broadband internet access service, the download and upload speeds (and, for relevant services, latency) with respect to that service, as determined by, and to the extent otherwise collected by, the Commission.
The Commission shall create a common dataset of all locations in the United States where fixed broadband internet access service can be installed, as determined by the Commission.
Subject to subclauses (II) and (III), the Commission may contract with an entity with expertise with respect to geographic information systems (referred to in this subsection as “GIS”) to create and maintain the dataset under clause (i).
(II) Application of the Federal Acquisition RegulationA contract into which the Commission enters under subclause (I) shall in all respects comply with applicable provisions of the Federal Acquisition Regulation.
(III) LimitationsWith respect to a contract into which the Commission enters under subclause (I)—(aa) the entity with which the Commission enters into the contract shall be selected through a competitive bid process that is transparent and open; and(bb) the contract shall be for a term of not longer than 5 years, after which the Commission may enter into a new contract—(AA) with an entity, and for the purposes, described in clause (i); and(BB) that complies with the requirements under subclause (II) and this subclause; and(cc) the contract shall—(AA) prohibit the entity described in item (aa) from selling, leasing, or otherwise disclosing for monetary consideration any personally identifiable information to any other entity other than for purposes authorized under this subchapter; and(BB) require the entity described in item (aa) to include in any contract with any other entity a provision that prohibits that other entity from engaging in an action that is prohibited under subitem (AA).The Commission shall prioritize implementing the Fabric for rural and insular areas of the United States.
The Secretary of Commerce shall submit to the Commission, for inclusion in the Fabric, a count of the aggregate number of housing units in each census block, as collected by the Bureau of the Census.
On and after the date on which the Commission carries out subparagraph (A), the Commission shall continue to collect and publicly report subscription data that the Commission collected through the Form 477 broadband deployment service availability process, as in effect on July 1, 2019.
The Commission shall establish a process to make the data collected under paragraph (2) available to the National Telecommunications and Information Administration.
Any requirement of a rule issued under subsection (a)(1) that relates to quality of service shall take effect not earlier than the date that is 180 days after the date on which the Commission issues that rule.
It shall be unlawful for an entity or individual to willfully and knowingly, or recklessly, submit information or data under this subchapter that is materially inaccurate or incomplete with respect to the availability of broadband internet access service or the quality of service with respect to broadband internet access service.
The Commission shall conduct regular audits of information submitted to the Commission by providers under section 642(b)(2) of this title to ensure that the providers are complying with this subchapter.
The Commission shall develop a process through which entities or individuals in the United States may submit specific information about the deployment and availability of broadband internet access service in the United States on an ongoing basis so that the information may be used to verify and supplement information provided by providers of broadband internet access service for inclusion in the maps created under section 642(c)(1) of this title.
Subject to paragraph (2), the Commission shall hold workshops for Tribal Governments in each of the 12 Bureau of Indian Affairs regions to provide technical assistance with the collection and submission of data under section 642(a)(2) of this title.
Each year, the Commission, in consultation with Indian Tribes, shall review the need for continued workshops required under paragraph (1).
The Commission shall establish a process through which a provider that has fewer than 100,000 active broadband internet access service connections may request and receive assistance from the Commission with respect to geographic information system data processing to ensure that the provider is able to comply with the requirements under section 642(b) of this title in a timely and accurate manner.
The Comptroller General of the United States shall conduct an assessment of key data sources that are used for purposes of the Fabric to identify and geocode locations where fixed broadband internet access service can be installed in order for the Comptroller General to develop recommendations for how the quality and completeness of those data sources can be improved as data sources for the Fabric.
Not later than 1 year after March 23, 2020, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that contains the recommendations developed under paragraph (1).
The Commission may not use funds from the universal service programs of the Commission established under section 254 of this title, and the regulations issued under that section, to pay for any costs associated with this subchapter.
The Commission may recover costs associated with this subchapter under section 159 of this title to the extent provided for in an appropriation Act, as required under subsection (a) of that section.
Notwithstanding any other provision of law, the initial rule making required under section 642(a)(1) of this title shall be exempt from review by the Office of Management and Budget.
Subchapter I of chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”) shall not apply to any rule making or other action by the Commission required under this subchapter.
Each fiscal year, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that summarizes the implementation of this subchapter and associated enforcement activities conducted during the previous fiscal year.
If the Commission, before March 23, 2020, has taken an action that, in whole or in part, implements this subchapter, the Commission shall not be required to revisit such action to the extent that such action is consistent with this subchapter.