The IT Law Wiki
The IT Law Wiki

Citation[]

Colby Leigh Rachfal, Broadband Data and Mapping: Background and Issues for the 116th Congress (CRS Report R45962) (Oct. 16, 2019) (full-text).

Overview[]

Access to high-speed internet, also known as broadband, is increasingly important in the 21st century, as more and more aspects of everyday life, such as job applications and homework assignments, become digital. Some areas of the United States — particularly rural areas — have limited or no access to broadband due to market, geographic, or demographic factors. The gap between those who have access to broadband and those who do not is referred to as the digital divide.

The Federal Communications Commission (FCC), National Telecommunications and Information Administration (NTIA), and Rural Utilities Service (RUS) have developed maps to help guide resources toward closing the digital divide. Since 2018, the FCC has had the responsibility for developing a comprehensive map of broadband access in the United States. However, the data available to determine where to invest resources may be incomplete or inaccurate. For example, the FCC's current methodology considers a census block served if at least one home or business in that census block has broadband access. In addition, the data is self-reported by broadband service providers and not independently verified outside the FCC.

On August 1, 2019, the FCC adopted a Report and Order[1] introducing a new process, called the Digital Opportunity Data Collection (DODC), for collecting fixed broadband data. The new process would require broadband service providers to provide geospatial broadband coverage maps — which provide greater granularity than census blocks — indicating where fixed broadband service is actually made available. The new process would also implement a crowdsourcing mechanism for public feedback, as individual consumers will likely know whether they have access to broadband.

The FCC also adopted a Second Further Notice of Proposed Rulemaking (FNPRM), seeking comment on issues including the need for additional granularity and the potential sunset of the current data collection process upon complete implementation of the DODC.

As the FCC implements the DODC process, Congress has a wide variety of options for oversight and legislation. For example, Congress may continue to consider issues such as the optimal level of data granularity, the process for independent validation, and costs and burdens of broadband data collection on both consumers and broadband service providers. Congress could consider providing federal funding for a broadband mapping pilot to thoroughly assess these factors and assist in determining how to strike the desired balance, as well as exploring what funding levels for ongoing broadband map maintenance would be sustainable and where the necessary funding would come from.

References[]

  1. Mark Wigfield, "FCC Establishes New Digital Opportunity Data Collection," FCC (Aug. 1, 2019) (full-text).