(a) Audits. The Commission shall conduct regular audits of the information submitted by providers in their Digital Opportunity Data Collection filings. The audits:
(1) May be random, as determined by the Commission; or
(2) Can be required in cases where there may be patterns of filing incorrect information, as determined by the Commission.
(b) Crowdsourcing process. Entities or individuals may submit in the Commission's online portal specific information regarding the deployment and availability of broadband internet access service so that it may be used to verify and supplement information submitted by providers for potential inclusion in the coverage maps.
(1) Crowdsourced data filers shall provide:
(i) Contact information of the filer (e.g., name, address, phone number, and email);
(ii) The location that is the subject of the filing, including the street address and/or coordinates (latitude and longitude) of the location;
(iii) The name of the provider;
(iv) Any relevant details disputing the deployment and availability of broadband internet access service at the location; and
(v) A certification that to the best of the filer's actual knowledge, information, and belief, all statements in the filing are true and correct.
(2) The online portal shall notify a provider of a crowdsourced data filing against it, but a provider is not required to respond to a crowdsourced data filing.
(3) If, as a result of a crowdsourced data filing, the Commission determines that a provider's Digital Opportunity Data Collection information is not accurate, then the provider shall refile updated and corrected data information within 30 days of agreeing with the Commission's determination. Providers are allowed to bundle multiple crowdsourced corrections into one filing during a 30-day period.
(4) All information submitted as part of the crowdsourcing process shall be made public, with the exception of personally identifiable information and any data required to be confidential under § 0.457 of this chapter.
(c) Mobile service verification process for mobile providers. Mobile service providers shall submit either infrastructure information or on-the-ground test data in response to a request by Commission staff as part of their inquiry to independently verify the accuracy of the mobile provider's coverage propagation models and maps. In addition to submitting either on-the-ground data or infrastructure data, a provider may also submit data collected from transmitter monitoring software. A provider must submit its data, in the case of both infrastructure information and on-the-ground data, within 60 days of receiving a Commission staff request. Regarding on-the-ground data, a provider must submit evidence of network performance based on a sample of on-the-ground tests that is statistically appropriate for the area tested.
(d) Fixed service challenge process. State, local, and Tribal governmental entities, consumers, and other entities or individuals may submit data in an online portal to challenge the accuracy of the coverage maps at a particular location, any information submitted by a provider regarding the availability of broadband internet access service, or the Fabric.
(1) Challengers must provide in their submissions:
(i) Name and contact information (e.g., address, phone number, email);
(ii) The street address or geographic coordinates (latitude/longitude) of the location(s) at which broadband internet access service coverage is being challenged;
(iii) Name of provider whose reported coverage information is being challenged;
(iv) Category of dispute, selected from pre-established options on the portal;
(v) For consumers challenging availability data or the coverage maps, evidence and details of a request for service (or attempted request for service), including the date, method, and content of the request and details of the response from the provider, or evidence showing no availability at the disputed location (e.g., screen shot, emails);
(vi) For government or other entities, evidence and details about the dispute, including:
(A) The challenger's methodology,
(B) the basis for determinations underlying the challenge, and
(C) communications with provider, if any, and outcome;
(vii) For challengers disputing locations in the Broadband Location Fabric, details and evidence about the disputed location;
(viii) For customer or potential customer availability or coverage map challengers, a representation that the challenger resides or does business at the location of the dispute or is authorized to request service there; and
(ix) A certification from an individual or an authorized officer or signatory of a challenger that the person examined the information contained in the challenge and that, to the best of the person's actual knowledge, information, and belief, all statements of fact contained in the challenge are true and correct.
(2) The online portal shall alert a provider if there has been a challenge with all required elements submitted against it.
(3) For availability and coverage map challenges, within 60 days of receiving an alert, a provider shall reply in the portal by:
(i) Accepting the allegation(s) raised by the challenger, in which case the provider shall submit a correction for the challenged location in the online portal within 30 days of its portal reply; or
(ii) Denying the allegation(s) raised by the challenger, in which the case the provider shall provide evidence, in the online portal and to the challenger, that the provider serves (or could and is willing to serve) the challenged location. If the provider denies the allegation(s) raised by the challenger, then the provider and the challenger shall have 60 days after the provider submits its reply to attempt to resolve the challenge.
(4) A provider's failure to respond to a challenge to its reported coverage data within the applicable timeframes shall result in a finding against the provider, resulting in mandatory corrections to the provider's Digital Opportunity Data Collection information to conform to the challenge. Providers shall submit any such corrections within 30 days of the missed reply deadline or the Commission will make the corrections on its own and incorporate such change into the coverage maps.
(5) Once a challenge containing all the required elements is submitted in the online portal, the location shall be identified on the coverage maps as “in dispute/pending resolution.”
(6) If the parties are unable to reach consensus within 60 days after submission of the provider's reply in the portal, then the affected provider shall report the status of efforts to resolve the challenge in the online portal, after which the Commission, will review the evidence and make a determination, either:
(i) In favor of the challenger, in which case the provider shall update its Digital Opportunity Data Collection information within 30 days of the decision; or
(ii) In favor of the provider, in which case the location will no longer be subject to the “in dispute/pending resolution” designation on the coverage maps.
(7) In consumer challenges to availability and coverage map data, a consumer's challenge must make an initial showing, by a preponderance of the evidence, that a provider's data are inaccurate; a provider must then provide evidence showing, by a preponderance of the evidence, that its reported data are accurate.
(8) In challenges to availability and coverage data by governmental (State, local, Tribal), or other entities, the challenger must make a detailed, clear and methodologically sound showing, by clear and convincing evidence, that a provider's data are inaccurate.
(9) For challenges to the Fabric, after a challenge has been filed containing the required information in paragraph (d)(1) of this section, the provider will receive a notice of the challenge from the online portal and can respond to the challenge in the online portal, but is not required to do so, and the Commission shall seek to resolve such challenges within 60 days of receiving the challenge filing in the online portal.
(10) Government entities or other entities may file challenges at multiple locations in a single challenge, but each challenge must contain all of the requirements set forth in (d)(1) of this section.
(11) The Commission shall make public information about the location that is the subject of the challenge (including the street address and/or coordinates (latitude and longitude)), the name of the provider, and any relevant details concerning the basis for the challenge.
(e) Mobile service challenge process for consumers. Consumers may submit data to challenge the accuracy of mobile broadband coverage maps. Consumers may challenge mobile coverage data based on lack of service or on poor service quality such as slow delivered user speed.
(1) Consumer challengers must provide in their submissions:
(i) Name and contact information (e.g., address, phone number, and/or email address);
(ii) The name of the provider being challenged;
(iii) Speed test data. Consumers must take all speed tests outdoors. Consumers shall indicate whether each test was taken in an in-vehicle mobile or outdoor pedestrian environment. Consumers must use a speed test application that has been designated by Office of Engineering and Technology, in consultation with Office of Economics and Analytics and the Wireless Telecommunications Bureau, for use in the challenge process;
(iv) A certification that the challenger is a subscriber or authorized user of the provider being challenged;
(iv) A certification that the speed test measurements were taken outdoors; and
(v) A certification that, to the best of the person's actual knowledge, information, and belief, the handset and the speed test application are in ordinary working order and all statements of fact contained in the submission are true and correct.
(2) The Office of Economics and Analytics, in consultation with the Wireless Telecommunications Bureau, will determine the threshold number of mobile consumer challenges within a specified area that will constitute a cognizable challenge that triggers the obligation for a provider to respond.
(3) For areas with a cognizable challenge, providers either must submit a rebuttal to the challenge within a 60-day period of being notified of the challenge or concede and have the challenged area identified on the mobile coverage map as an area that lacks sufficient service.
(4) To dispute a challenge, a mobile service provider must submit on-the-ground test data or infrastructure data to verify its coverage map(s) in the challenged area. The Office of Economics and Analytics and the Wireless Telecommunications Bureau will develop the specific requirements and methodologies that providers must use in conducting on-the-ground testing and in providing infrastructure data. To the extent that a service provider believes it would be helpful to the Commission in resolving a challenge, it may choose to submit other data in addition to the data initially required, including but not limited to either infrastructure or on-the-ground testing (to the extent such data are not the primary option chosen by the provider) or other types of data such as data collected from network transmitter monitoring systems or software, or spectrum band-specific coverage maps. Such other data must be submitted at the same time as the primary on-the-ground testing or infrastructure rebuttal data submitted by the provider. If needed to ensure an adequate review, the Office of Economics and Analytics may also require that the provider submit other data in addition to the data initially submitted, including but not limited to either infrastructure or on-the-ground testing data (to the extent not the option initially chosen by the provider) or data collected from network transmitter monitoring systems or software (to the extent available in the provider's network).
(5) If a mobile service provider that has failed to rebut a challenge subsequently takes remedial action to improve coverage at the location of the challenge, the provider must notify the Commission of the actions it has taken to improve its coverage and provide either on-the-ground test data or infrastructure data to verify its improved coverage.
(6) In cases where a mobile service provider concedes or loses a challenge, the provider must file, within 30 days, geospatial data depicting the challenged area that has been shown to lack sufficient service. Such data will constitute a correction layer to the provider's original propagation model-based coverage map, and Commission staff will use this layer to update the broadband coverage map. In addition, to the extent that a provider does not later improve coverage for the relevant technology in an area where it conceded or lost a challenge, it must include this correction layer in its subsequent Digital Opportunity Data Collection filings to indicate the areas shown to lack service.
(f) Mobile service challenge process for State, local, and Tribal governmental entities; and other entities or individuals. State, local, and Tribal governmental entities and other entities or individuals may submit data to challenge accuracy of mobile broadband coverage maps. They may challenge mobile coverage data based on lack or service or poor service quality such as slow delivered user speed.
(1) State, local, and Tribal governmental entities and other entity or individual challengers must provide in their submissions:
(i) Government and other entity challengers may use their own software to collect data for the challenge process. When they submit their data, however, it must contain the following metrics for each test:
(A) The geographic coordinates of the test(s) (i.e., latitude/longitude);
(B) The name of the service provider being tested;
(C) The consumer-grade device type(s), brand/model, and operating system used for the test;
(D) The download and upload speeds;
(E) The latency data;
(F) The date and time of the test;
(G) Whether the test was taken in an in-vehicle mobile or outdoor, pedestrian stationary environment, and if mobile, whether the test was conducted with the antenna outside of the vehicle;
(H) For an in-vehicle test, the vehicle speed the vehicle was traveling when the test was taken, if available;
(I) The signal strength, if available;
(J) An indication of whether the test failed to establish a connection with a mobile network at the time and place it was initiated;
(K) The network technology (e.g., LTE, 5G) and spectrum band(s) used for the test; and
(L) The location of the server to which the test connected;
(ii) A complete description of the methodology(ies) used to collect their data; and
(iii) Challengers must substantiate their data through the certification of a qualified engineer or official.
(2) Challengers must conduct speed tests using a device advertised by the challenged service provider as compatible with its network and must take all speed tests outdoors.
(3) The Office of Economics and Analytics, in consultation with the Wireless Telecommunications Bureau, will determine the threshold number of challenges within a specified area that will constitute a cognizable challenge that triggers the obligation for a provider to respond.
(4) For areas with a cognizable challenge, providers either must submit a rebuttal to the challenge within a 60-day period of being notified of the challenge or concede and have the challenged area identified on the mobile coverage map as an area that lacks sufficient service.
(5) To dispute a challenge, a mobile service provider must submit on-the-ground test data or infrastructure data to verify its coverage map(s) in the challenged area. The Office of Economics and Analytics and the Wireless Telecommunications Bureau will develop the specific requirements and methodologies that providers must use in conducting on-the-ground testing and in providing infrastructure data. To the extent that a service provider believes it would be helpful to the Commission in resolving a challenge, it may choose to submit other data in addition to the data initially required, including but not limited to either infrastructure or on-the-ground testing (to the extent such data are not the primary option chosen by the provider) or other types of data such as data collected from network transmitter monitoring systems or software or spectrum band-specific coverage maps. Such other data must be submitted at the same time as the primary on-the-ground testing or infrastructure rebuttal data submitted by the provider. If needed to ensure an adequate review, the Office of Economics and Analytics may also require that the provider submit other data in addition to the data initially submitted, including but not limited to either infrastructure or on-the-ground testing data (to the extent not the option initially chosen by the provider) or data collected from network transmitter monitoring systems or software (to the extent available in the provider's network).
(6) If a provider that has failed to rebut a challenge subsequently takes remedial action to improve coverage at the location of the challenge, the provider must notify the Commission of the actions it has taken to improve its coverage and provide either on-the-ground test data or infrastructure data to verify its improved coverage.
(7) In cases where a mobile service provider concedes or loses a challenge, the provider must file, within 30 days, geospatial data depicting the challenged area that has been shown to lack service. Such data will constitute a correction layer to the provider's original propagation model-based coverage map, and Commission staff will use this layer to update the broadband coverage map. In addition, to the extent that a provider does not later improve coverage for the relevant technology in an area where it conceded or lost a challenge, it must include this correction layer in its subsequent Digital Opportunity Data Collection filings to indicate the areas shown to lack service.
[85 FR 50907, Aug. 18, 2020, as amended at 86 FR 18160, Apr. 7, 2021]