Tens of billions in government subsidies await updated FCC broadband service availability maps that indicate with accuracy and precision those locations that currently lack access to a high-speed Internet connection.
The question is, when will those maps be completed?
At a Senate Appropriations Committee hearing last week, Department of Commerce Secretary Gina Raimondo testified that the FCC will release those maps this summer – "probably."
Not so fast, an FCC spokesperson later clarified, describing the project as "complicated" and noting that "there is a protest pending before the Government Accountability Office" that has delayed progress, at least temporarily.
The Broadband Deployment Accuracy and Technological Availability (DATA) Act, passed by Congress in March 2020, directs the FCC to produce revised broadband maps – and to rely upon those maps "when making any new award of funding with respect to the deployment of broadband internet access service intended for use by residential and mobile customers."
Consequently, two substantial FCC subsidy programs are on hold until those maps are finalized: (1) Phase II of the Rural Digital Opportunity Fund (RDOF), which will disburse as much as $11.2 billion on top of the $9.2 billion already awarded in Phase I, and (2) the $9 billion 5G for Rural America Fund.
In addition, and as Free State Foundation President Randolph J. May and I emphasized in comments we submitted last Friday to NTIA regarding implementation of the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) Program, the Infrastructure Investment and Jobs Act requires NTIA and the states to rely exclusively on those maps in determining which areas are "unserved" – and, secondarily, "underserved" – and therefore eligible for grants.
Accordingly, the FCC is under intense pressure to complete the Digital Opportunity Data Collection (DODC) – now referred to as the "Broadband Data Collection" – that Mr. May and I summarized in a November 2020 Perspectives from FSF Scholars.
In a March 2021 blog post, then-Acting Chairwoman Jessica Rosenworcel provided an overview of actions the agency had taken to do just that, one of which was "to issue a Request for Information to jump start the contracting process for the creation of the Broadband Serviceable Location Fabric, a common dataset of all locations in the United States where fixed broadband internet access service can be installed."
On November 9, 2021, the FCC awarded that $44.9 million contract to CostQuest Associates. However, a losing bidder, LightBox Parent, LP, filed a bid protest with the Government Accountability Office (GAO) on November 19, 2021. By law, the GAO has up to 100 days – that is, until February 28, 2022 – to issue a decision. Until it does, progress on the Broadband Serviceable Location Fabric has been paused.
In a December 8, 2021, letter to Representative Victoria Spartz (R – IN), Commissioner Rosenworcel described this temporary impasse, stated that "[t]he FCC is committed to implementing its new Broadband Data Collection process as fast as possible," and described the ways in which it "has made significant progress."
However, Chairwoman Rosenworcel did not provide a date certain for when the maps would be completed.
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