Senate Communications Members Fault FCC's Broadband Coverage Data Collection Practices

A Tuesday Senate Communications Subcommittee hearing on broadband provisions in President Donald Trump's infrastructure legislative proposal discussed how the plan would deal with streamlining broadband-related regulations and funding to encourage deployments. Senators reserved their strongest criticisms for the state of connectivity data collection and mapping. All three issues were among those expected to be covered (see 1803120054). Secretaries of Transportation Elaine Chao, Agriculture Sonny Perdue and Commerce Wilbur Ross are among those expected to testify at a Wednesday Senate Commerce Committee hearing that also could involve broadband provisions in Trump's plan.

Chairman Roger Wicker, R-Miss., and other subcommittee members from both parties faulted the FCC on broadband mapping practices, with several citing deficiencies in the recently released map showing areas across the U.S. presumed eligible to receive support for deployment of 4G LTE service as part of the USF Mobility Fund Phase II auction (see 1802270043). That map “is utterly worthless in terms of giving us good information,” Wicker said. Sen. Jerry Moran, R-Kan., detects a theme of dissatisfaction with the accuracy of broadband data collection. The “accuracy of the map is nearly nil” and the process for appealing its accuracy isn't “something that is going to be easily done,” Moran said: “My hope is we start with a different map as compared to trying to correct this one through an appeals process that I don't think will work and will leave behind” unserved areas. The FCC didn't comment.

Sens. Maggie Hassan, D-N.H., and Jon Tester, D-Mont., were among those who cited disparities between the data shown on broadband maps and actual connectivity in areas of their states. Mapping “continues to be a serious challenge that throws off our efforts at ensuring adequate coverage particularly in rural areas,” Hassan said. “We've got to do better, folks,” Tester said. “It's not working.” Hassan, Moran and Wicker were among nine senators who jointly wrote FCC Chairman Ajit Pai last week to complain about the MF II map. “We are concerned that the map misrepresents the existence of 4G LTE services in many areas,” they wrote. “The Commission’s proposed challenge process may not be robust enough to adequately address the shortcomings in the Commission’s assessment of geographic areas in need of support for this proceeding.”

“We need to double-clutch” broadband connectivity data collection and “get the right data to put this thing into higher gear, because our carriers want to build out,” said Competitive Carriers Association President Steve Berry. He cited NTIA Administrator David Redl's willingness to contribute coverage data his agency collects as one of several sources of additional information that could result in more accurate mapping. The FCC has made “great strides” in its mapping practices using the current Form 477 data it collects but “we're not there yet,” said TDS Telecom Vice President-Regulatory Affairs Bob DeBroux: “I don't think it's all total chaos out there” and “with coordination among various federal agencies,” those maps will improve. NTCA Senior Vice President-Policy Mike Romano said geocoding for broadband deployments is “going to take time” but could significantly improve mapping accuracy so reported data isn't used to cover an entire census tract.

Senate Communications ranking member Brian Schatz, D-Hawaii, noted the divide on approaches for encouraging broadband deployments between Trump's plan, which proposes $50 billion in federal funding for rural infrastructure projects allocated via state block grants, and Democrats' push for direct broadband funding (see 1802120001, 1802140052, 1802140064 and 1803010050). “Democrats are unlikely to support a shifting of responsibility for infrastructure from the federal government to state and local” governments and “unlikely to support the undermining of labor and environmental protections” in a bid to streamline the regulatory process, Schatz said. Republicans are likewise “unlikely to support, at least at this time, a bid un-paid-for straight-up $1.5 trillion infrastructure plan. And yet everybody likes the idea of funding USF to a greater degree.”

Schatz pushed for FCC action on a USF contribution rules revamp to increase broadband funding, noting the “shrinking” USF industry contribution base and increases in the contribution factor over recent years. The FCC proposed Monday that the contribution factor decrease to 18.4 percent in Q2 from its current 19.5 percent (see 1803120010). “It is actually unconscionable that we are charging a smaller and smaller number of people” who use traditional wireline “to subsidize the rest of the world getting on broadband,” Schatz said. “We need contribution reform and we need the FCC to step up and act like appointed officials from a quasi-judicial commission.” The agency “has already shown this year … an absolute determined willingness to do unpopular things,” he said. “This would be an unpopular thing that would actually make sense in terms of connecting all of our communities to the internet.” Commissioner Mike O'Rielly opposed assessing broadband for USF contribution purposes, while Commissioner Mignon Clyburn has favored it (see 1802060028 and 1802140022).

Sen. Cory Gardner, R-Colo., endorsed "including specific funding for broadband in any infrastructure package” accompanied by “strong oversight” of funded projects. He wants “to make sure that we never again have a situation” similar to the Eagle-Net project, which used Broadband Technology Opportunities Program funds but overbuilt existing systems (see 1212100042 and 1305020038). Sen. Shelley Moore Capito, R-W.Va., meanwhile, touted her Gigabit Opportunity Act (HR-2870 and S-1013), which would provide tax deferral and immediate expensing for telecom companies putting money toward gigabit-capable broadband (see 1705030029 and 1706120065).

Senate Commerce Chairman John Thune, R-S.D., told reporters he hopes testimony from Ross and other cabinet secretaries at the Wednesday hearing will “give us some insight” into how to structure a broadband title in infrastructure legislation. “It depends a lot” on “what we have to work with in terms of resources" and “what would be the most efficient way of getting those dollars on the street in the best way possible,” Thune said. “Obviously we would love to see a part of that be in the form of broadband but I also know that there's going to be a lot of demands” for funding.

Senate Communications members also focused on 5G during the Tuesday hearing, with Capito noting President Donald Trump's Monday order barring Broadcom from proceeding with its takeover bid for Qualcomm over concerns about how the deal would affect U.S. advancement in deploying the technology (see 1803120060). Wicker touted his Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act (HR-4842/S-1988) as a way of ensuring the U.S. “can win the global race to 5G” by revamping “outdated rules that delay and add unnecessary costs to broadband infrastructure deployment.” Gardner and Hassan meanwhile cited their Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum (Airwaves) Act (HR-4953/S-1682), which aims to identify spectrum for unlicensed use and free up mid-band spectrum for wireless industry purchase via a future FCC auction (see 1708010069).