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1 1 (December 27, 2022)

handle is hein.crs/govejym0001 and id is 1 raw text is: A Congressional Research Service Inforrning the IegisIathve debate since 1914 S December 27, 2022 FCC's National Broadband Map: Implications for the Broadband Equity, Access, and Deployment (BEAD) Program 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. Some areas of the United States- particularly rural and tribal areas, but also some urban and suburban areas-have limited or no access to broadband service. Consumer advocates often refer to this connectivity gap as the digital divide. As classrooms, workplaces, and social activities migrated online during the Coronavirus Disease 2019 (COVID-19) pandemic, the digital divide became increasingly apparent and a pressing equity issue. Many in Congress have shown sustained interest in increasing the accuracy of federal broadband data and maps in order to make informed decisions about how to best direct federal funds and target programs designed to increase broadband connectivity and address the digital divide. 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. This In Focus provides brief background on Federal Communications Commission (FCC) broadband mapping activities. It describes the FCC's newly released National Broadband Map and its implications for the Broadband Equity, Access, and Deployment (BEAD) program, which was created at the National Telecommunications and Information Administration (NTIA) by the Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58) to provide broadband service to unserved locations. Potential considerations for Congress are also briefly discussed. Back ground on FCC Broad band Mapping and the Broad band DATA Act Since 2018, the FCC has had responsibility for developing a comprehensive map of broadband availability in the United States-the Fixed Broadband Deployment Map. While the initial map developed by the FCC provided a snapshot of broadband availability, some stakeholder groups identified data granularity issues. For example, the FCC's methodology considered an entire census tract as served by broadband if at least one home or business in that tract was reported as being served by an Internet Service Provider (ISP)-potentially overstating availability. Additionally, the FCC lacked a challenge process for consumers or other entities to identify tracts that they believed were not served. In March 2020, the Broadband Deployment Accuracy and Technological Availability Act (Broadband DATA Act; P.L. 116-130) was enacted, which required the FCC to- among other requirements-collect and display (on the map) specific location-level information about broadband services available throughout the country and implement a public challenges process. On November 18, 2022, the FCC released the preproduction draft of the map-referred to as the National Broadband Map. According to the FCC, the preproduction draft begins an ongoing, iterative process that will improve the data submitted by providers by incorporating challenges from individuals and other stakeholders. N ational Broad ban d Map and the BEA D P rogr am The IIJA established the $42.45 billion BEAD Program to be administered by NTIA. In addition to a minimal initial amount allocated to each eligible state and territory, the IIJA provided NTIA a formula to calculate the distribution of BEAD funding based on the share of unserved locations in an eligible state or territory. These unserved locations are determined in accordance with the broadband DATA maps that the FCC was mandated to create by the Broadband DATA Act. According to the IIJA, a location is considered unserved if the National Broadband Map shows that (1) it is a broadband-serviceable location (defined by the FCC as any business or residential location where broadband service is available or can be installed) and (2) it either has no access to broadband service or lacks reliable broadband service. According to NTIA's BEAD Program Notice of Funding Opportunity, reliable broadband service should be provided via fiber, cable, digital subscriber line (DSL), or terrestrial fixed wireless technology using licensed or a hybrid of licensed and unlicensed spectrum. On November 10, 2022, NTIA released an estimated date of June 30, 2023, to announce BEAD grant allocations to eligible states and territories based on data in the National Broadband Map. Potential Imnplications of the National Broad band Map Challenge Process for the BEA D Program Inaccurate broadband deployment data in the National Broadband Map could affect the share of BEAD Program funding an eligible state or territory receives. As required by the Broadband DATA Act and the IIJA, consumers, state, local, and tribal governments, and other stakeholders (e.g., ISPs) can submit challenges to the FCC if they believe the National Broadband Map contains inaccurate data (e.g., missing locations, over- or understated broadband service availability at a specific location). The FCC will notify the ISP of the challenge. If the parties (e.g., consumer and ISP) are unable to resolve a challenge between themselves, the IIJA requires the FCC to resolve it (i.e., review evidence and make a determination) within 90

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