§641. Definitions — Inbound Citations
47 U.S.C. § 641
Cited by 93 provisions in release 119-102.
Citations to 47 U.S.C. § 641 as a whole
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(A) standardize and coordinate reporting of locations at which broadband service was provided using grant funds received under this section in accordance with title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); and
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(1) title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); or
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(A) Not less frequently than annually, the Commission shall, through the process established under section 802(b)(7))1 of the Communications Act of 1934 (47 U.S.C. 642(b)(7)), provide the Assistant Secretary any data collected by the Commission pursuant to title VIII of that Act (47 U.S.C. 641 et seq.).
Citations to §641(1)
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(i) relating to the availability and quality of service with respect to terrestrial fixed, fixed wireless, satellite, and mobile broadband internet access service; and
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(A) State, local, and Tribal governmental entities that are primarily responsible for mapping or tracking broadband internet access service coverage for a State, unit of local government, or Indian Tribe, as applicable;
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(i) The Commission shall create a common dataset of all locations in the United States where fixed broadband internet access service can be installed, as determined by the Commission.
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(ii) serve as the foundation upon which all data relating to the availability of fixed broadband internet access service collected under paragraph (2)(A) shall be reported and overlaid;
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(2) The rules issued by the Commission under subsection (a)(1) shall include uniform standards for the reporting of broadband internet access service data that the Commission shall collect—(A) from each provider of terrestrial fixed, fixed wireless, or satellite broadband internet access service, which shall include data that—(i) documents the areas where the provider—(I) has actually built out the broadband network infrastructure of the provider such that the provider is able to provide that service; and(II) could provide that service, as determined by identifying where the provider is capable of performing a standard broadband installation, if applicable;(ii) includes information regarding download and upload speeds, at various thresholds established by the Commission, and, if applicable, latency with respect to broadband internet access service that the provider makes available;(iii) can be georeferenced to the GIS data in the Fabric;(iv) the provider shall report as—(I) with respect to providers of fixed wireless broadband internet access service—(aa) propagation maps and propagation model details that—(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between fixed wireless and mobile broadband internet access service; and(BB) reflect the speeds and latency of the service provided by the provider; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and(II) with respect to providers of terrestrial fixed and satellite broadband internet access service—(aa) polygon shapefiles; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and(v) the Commission determines is appropriate with respect to certain technologies in order to ensure that the Broadband Map is granular and accurate; and(B) from each provider of mobile broadband internet access service, which shall include propagation maps and propagation model details that indicate the current (as of the date on which the information is collected) fourth generation Long-Term Evolution (commonly referred to as “4G LTE”) mobile broadband internet access service coverage of the provider, which shall—(i) take into consideration the effect of clutter; and(ii) satisfy—(I) the requirements of having—(aa) a download speed of not less than 5 megabits per second and an upload speed of not less than 1 megabit per second with a cell edge probability of not less than 90 percent; and(bb) cell loading of not less than 50 percent; and(II) any other parameter that the Commission determines to be necessary to create a map under subsection (c)(1)(C) that is more precise than the map produced as a result of the submissions under the Mobility Fund Phase II information collection.
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(A) from each provider of terrestrial fixed, fixed wireless, or satellite broadband internet access service, which shall include data that—(i) documents the areas where the provider—(I) has actually built out the broadband network infrastructure of the provider such that the provider is able to provide that service; and(II) could provide that service, as determined by identifying where the provider is capable of performing a standard broadband installation, if applicable;(ii) includes information regarding download and upload speeds, at various thresholds established by the Commission, and, if applicable, latency with respect to broadband internet access service that the provider makes available;(iii) can be georeferenced to the GIS data in the Fabric;(iv) the provider shall report as—(I) with respect to providers of fixed wireless broadband internet access service—(aa) propagation maps and propagation model details that—(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between fixed wireless and mobile broadband internet access service; and(BB) reflect the speeds and latency of the service provided by the provider; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and(II) with respect to providers of terrestrial fixed and satellite broadband internet access service—(aa) polygon shapefiles; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and(v) the Commission determines is appropriate with respect to certain technologies in order to ensure that the Broadband Map is granular and accurate; and
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(ii) includes information regarding download and upload speeds, at various thresholds established by the Commission, and, if applicable, latency with respect to broadband internet access service that the provider makes available;
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(I) with respect to providers of fixed wireless broadband internet access service—(aa) propagation maps and propagation model details that—(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between fixed wireless and mobile broadband internet access service; and(BB) reflect the speeds and latency of the service provided by the provider; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and
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(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between fixed wireless and mobile broadband internet access service; and
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(II) with respect to providers of terrestrial fixed and satellite broadband internet access service—(aa) polygon shapefiles; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and
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(B) from each provider of mobile broadband internet access service, which shall include propagation maps and propagation model details that indicate the current (as of the date on which the information is collected) fourth generation Long-Term Evolution (commonly referred to as “4G LTE”) mobile broadband internet access service coverage of the provider, which shall—(i) take into consideration the effect of clutter; and(ii) satisfy—(I) the requirements of having—(aa) a download speed of not less than 5 megabits per second and an upload speed of not less than 1 megabit per second with a cell edge probability of not less than 90 percent; and(bb) cell loading of not less than 50 percent; and(II) any other parameter that the Commission determines to be necessary to create a map under subsection (c)(1)(C) that is more precise than the map produced as a result of the submissions under the Mobility Fund Phase II information collection.
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(3) For the purposes of paragraph (2)(B), if the Commission determines that the reporting standards under that paragraph are insufficient to collect accurate propagation maps and propagation model details with respect to future generations of mobile broadband internet access service technologies, the Commission shall immediately commence a rule making to adopt new reporting standards with respect to those technologies that—(A) shall be the functional equivalent of the standards required under paragraph (2)(B); and(B) allow for the collection of propagation maps and propagation model details that are as accurate and granular as, or more accurate and granular than, the maps and model details collected by the Commission under paragraph (2)(B).
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(ii) any information submitted by a provider regarding the availability of broadband internet access service; or
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(IV) clearly identifies the areas in which broadband internet access service is available, and the upload and download speeds at which that service is available, as reported to the Commission under this section.
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(I) identify potential inaccuracies in the data relating to broadband internet access service that providers report; and
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(bb) maintains the public availability of data relating to the deployment of broadband internet access service; and
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(ii) harmonize reporting requirements and procedures regarding the deployment of broadband internet access service that are in effect on the day before the date on which the rules issued under subsection (a)(1) take effect with those requirements and procedures in those rules.
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(i) the extent of the availability of broadband internet access service in the United States, without regard to whether that service is fixed broadband internet access service or mobile broadband internet access service, which shall be based on data collected by the Commission from all providers; and
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(B) a map that depicts the availability of fixed broadband internet access service, which shall be based on data collected by the Commission from providers under subsection (b)(2)(A); and
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(C) a map that depicts the availability of mobile broadband internet access service, which shall be based on data collected by the Commission from providers under subsection (b)(2)(B);
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(A) to determine the areas in which terrestrial fixed, fixed wireless, mobile, and satellite broadband internet access service is and is not available; and
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(B) 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;
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(A) the Secretary of Agriculture to enable the Secretary of Agriculture to consult the maps created under paragraph (1) when considering the awarding of funds for the deployment of broadband internet access service under any program administered by the Administrator of the Rural Utilities Service; and
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(B) the National Telecommunications and Information Administration to enable the Administration to consult the maps created under paragraph (1) when considering the awarding of funds for the deployment of broadband internet access service under any future program administered by the Administration;
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(B) the data collected by the Commission with respect to the availability of broadband internet access service and the quality of service with respect to broadband internet access service.
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It shall be unlawful for an entity or individual to willfully and knowingly, or recklessly, submit information or data under this subchapter that is materially inaccurate or incomplete with respect to the availability of broadband internet access service or the quality of service with respect to broadband internet access service.
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(1) The Commission shall develop a process through which entities or individuals in the United States may submit specific information about the deployment and availability of broadband internet access service in the United States on an ongoing basis so that the information may be used to verify and supplement information provided by providers of broadband internet access service for inclusion in the maps created under section 642(c)(1) of this title.
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(d) The Commission shall establish a process through which a provider that has fewer than 100,000 active broadband internet access service connections may request and receive assistance from the Commission with respect to geographic information system data processing to ensure that the provider is able to comply with the requirements under section 642(b) of this title in a timely and accurate manner.
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(1) The Comptroller General of the United States shall conduct an assessment of key data sources that are used for purposes of the Fabric to identify and geocode locations where fixed broadband internet access service can be installed in order for the Comptroller General to develop recommendations for how the quality and completeness of those data sources can be improved as data sources for the Fabric.
Citations to §641(2)
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(v) the Commission determines is appropriate with respect to certain technologies in order to ensure that the Broadband Map is granular and accurate; and
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(A) the Broadband Map, which shall depict—(i) the extent of the availability of broadband internet access service in the United States, without regard to whether that service is fixed broadband internet access service or mobile broadband internet access service, which shall be based on data collected by the Commission from all providers; and(ii) the areas of the United States that remain unserved by providers;
Citations to §641(3)
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(aa) a download speed of not less than 5 megabits per second and an upload speed of not less than 1 megabit per second with a cell edge probability of not less than 90 percent; and
Citations to §641(4)
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(bb) cell loading of not less than 50 percent; and
Citations to §641(6)
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(I) information contained in the Fabric;
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(II) the dataset created under subsection (b)(1)(A) supporting the Fabric; and
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(B) The rules issued by the Commission under subsection (a)(1) shall establish the Broadband Serviceable Location Fabric, which shall—(i) contain geocoded information for each location identified under subparagraph (A)(i);(ii) serve as the foundation upon which all data relating to the availability of fixed broadband internet access service collected under paragraph (2)(A) shall be reported and overlaid;(iii) be compatible with commonly used GIS software; and(iv) at a minimum, be updated every 6 months by the Commission.
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(C) The Commission shall prioritize implementing the Fabric for rural and insular areas of the United States.
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(iii) can be georeferenced to the GIS data in the Fabric;
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(iii) the information included in the Fabric.
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(1) The Comptroller General of the United States shall conduct an assessment of key data sources that are used for purposes of the Fabric to identify and geocode locations where fixed broadband internet access service can be installed in order for the Comptroller General to develop recommendations for how the quality and completeness of those data sources can be improved as data sources for the Fabric.
Citations to §641(7)
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(i) reform the Form 477 broadband deployment service availability collection process of the Commission—(I) to achieve the purposes of this subchapter; and(II) in a manner that—(aa) enables the comparison of data and maps produced before the implementation of this subchapter with data and coverage maps produced after the implementation of this subchapter; and(bb) maintains the public availability of data relating to the deployment of broadband internet access service; and
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(B) On and after the date on which the Commission carries out subparagraph (A), the Commission shall continue to collect and publicly report subscription data that the Commission collected through the Form 477 broadband deployment service availability process, as in effect on July 1, 2019.
Citations to §641(8)
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(A) State, local, and Tribal governmental entities that are primarily responsible for mapping or tracking broadband internet access service coverage for a State, unit of local government, or Indian Tribe, as applicable;
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(2) Each year, the Commission, in consultation with Indian Tribes, shall review the need for continued workshops required under paragraph (1).
Citations to §641(9)
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(II) any other parameter that the Commission determines to be necessary to create a map under subsection (c)(1)(C) that is more precise than the map produced as a result of the submissions under the Mobility Fund Phase II information collection.
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(V) any lessons learned from the challenge process established under Mobility Fund Phase II, as determined from comments solicited by the Commission; and
Citations to §641(10)
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(B) ensure the accuracy of propagation models, as further provided in subsection (b)(3); and
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(aa) propagation maps and propagation model details that—(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between fixed wireless and mobile broadband internet access service; and(BB) reflect the speeds and latency of the service provided by the provider; or
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(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between fixed wireless and mobile broadband internet access service; and
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(B) from each provider of mobile broadband internet access service, which shall include propagation maps and propagation model details that indicate the current (as of the date on which the information is collected) fourth generation Long-Term Evolution (commonly referred to as “4G LTE”) mobile broadband internet access service coverage of the provider, which shall—(i) take into consideration the effect of clutter; and(ii) satisfy—(I) the requirements of having—(aa) a download speed of not less than 5 megabits per second and an upload speed of not less than 1 megabit per second with a cell edge probability of not less than 90 percent; and(bb) cell loading of not less than 50 percent; and(II) any other parameter that the Commission determines to be necessary to create a map under subsection (c)(1)(C) that is more precise than the map produced as a result of the submissions under the Mobility Fund Phase II information collection.
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(3) For the purposes of paragraph (2)(B), if the Commission determines that the reporting standards under that paragraph are insufficient to collect accurate propagation maps and propagation model details with respect to future generations of mobile broadband internet access service technologies, the Commission shall immediately commence a rule making to adopt new reporting standards with respect to those technologies that—(A) shall be the functional equivalent of the standards required under paragraph (2)(B); and(B) allow for the collection of propagation maps and propagation model details that are as accurate and granular as, or more accurate and granular than, the maps and model details collected by the Commission under paragraph (2)(B).
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(B) allow for the collection of propagation maps and propagation model details that are as accurate and granular as, or more accurate and granular than, the maps and model details collected by the Commission under paragraph (2)(B).
Citations to §641(11)
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(A) from each provider of terrestrial fixed, fixed wireless, or satellite broadband internet access service, which shall include data that—(i) documents the areas where the provider—(I) has actually built out the broadband network infrastructure of the provider such that the provider is able to provide that service; and(II) could provide that service, as determined by identifying where the provider is capable of performing a standard broadband installation, if applicable;(ii) includes information regarding download and upload speeds, at various thresholds established by the Commission, and, if applicable, latency with respect to broadband internet access service that the provider makes available;(iii) can be georeferenced to the GIS data in the Fabric;(iv) the provider shall report as—(I) with respect to providers of fixed wireless broadband internet access service—(aa) propagation maps and propagation model details that—(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between fixed wireless and mobile broadband internet access service; and(BB) reflect the speeds and latency of the service provided by the provider; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and(II) with respect to providers of terrestrial fixed and satellite broadband internet access service—(aa) polygon shapefiles; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and(v) the Commission determines is appropriate with respect to certain technologies in order to ensure that the Broadband Map is granular and accurate; and
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(i) documents the areas where the provider—(I) has actually built out the broadband network infrastructure of the provider such that the provider is able to provide that service; and(II) could provide that service, as determined by identifying where the provider is capable of performing a standard broadband installation, if applicable;
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(II) could provide that service, as determined by identifying where the provider is capable of performing a standard broadband installation, if applicable;
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(ii) includes information regarding download and upload speeds, at various thresholds established by the Commission, and, if applicable, latency with respect to broadband internet access service that the provider makes available;
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(iv) the provider shall report as—(I) with respect to providers of fixed wireless broadband internet access service—(aa) propagation maps and propagation model details that—(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between fixed wireless and mobile broadband internet access service; and(BB) reflect the speeds and latency of the service provided by the provider; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and(II) with respect to providers of terrestrial fixed and satellite broadband internet access service—(aa) polygon shapefiles; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and
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(I) with respect to providers of fixed wireless broadband internet access service—(aa) propagation maps and propagation model details that—(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between fixed wireless and mobile broadband internet access service; and(BB) reflect the speeds and latency of the service provided by the provider; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and
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(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between fixed wireless and mobile broadband internet access service; and
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(BB) reflect the speeds and latency of the service provided by the provider; or
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(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and
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(AA) may only permit, and not require, a provider to report the data using that means of reporting; and
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(II) with respect to providers of terrestrial fixed and satellite broadband internet access service—(aa) polygon shapefiles; or(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and
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(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission—(AA) may only permit, and not require, a provider to report the data using that means of reporting; and(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and
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(AA) may only permit, and not require, a provider to report the data using that means of reporting; and
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(B) from each provider of mobile broadband internet access service, which shall include propagation maps and propagation model details that indicate the current (as of the date on which the information is collected) fourth generation Long-Term Evolution (commonly referred to as “4G LTE”) mobile broadband internet access service coverage of the provider, which shall—(i) take into consideration the effect of clutter; and(ii) satisfy—(I) the requirements of having—(aa) a download speed of not less than 5 megabits per second and an upload speed of not less than 1 megabit per second with a cell edge probability of not less than 90 percent; and(bb) cell loading of not less than 50 percent; and(II) any other parameter that the Commission determines to be necessary to create a map under subsection (c)(1)(C) that is more precise than the map produced as a result of the submissions under the Mobility Fund Phase II information collection.
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(4) With respect to a provider that submits information to the Commission under paragraph (2)—(A) the provider shall include in each submission a certification from a corporate officer of the provider that the officer has examined the information contained in the submission and that, to the best of the officer’s actual knowledge, information, and belief, all statements of fact contained in the submission are true and correct; and(B) the Commission shall verify the accuracy and reliability of the information in accordance with measures established by the Commission.
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(A) the provider shall include in each submission a certification from a corporate officer of the provider that the officer has examined the information contained in the submission and that, to the best of the officer’s actual knowledge, information, and belief, all statements of fact contained in the submission are true and correct; and
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(ii) any information submitted by a provider regarding the availability of broadband internet access service; or
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(IV) the costs to consumers and providers resulting from a misallocation of funds because of a reliance on outdated or otherwise inaccurate information in the coverage maps;
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(iii) allow providers to respond to challenges submitted through the challenge process; and
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(i) a process for the speedy resolution of challenges, which shall require that the Commission resolve a challenge not later than 90 days after the date on which a final response by a provider to a challenge to the accuracy of a map or information described in subparagraph (A) is complete; and
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(I) identify potential inaccuracies in the data relating to broadband internet access service that providers report; and
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(i) the extent of the availability of broadband internet access service in the United States, without regard to whether that service is fixed broadband internet access service or mobile broadband internet access service, which shall be based on data collected by the Commission from all providers; and
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(ii) the areas of the United States that remain unserved by providers;
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(B) a map that depicts the availability of fixed broadband internet access service, which shall be based on data collected by the Commission from providers under subsection (b)(2)(A); and
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(C) a map that depicts the availability of mobile broadband internet access service, which shall be based on data collected by the Commission from providers under subsection (b)(2)(B);
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(3) update the maps created under paragraph (1) not less frequently than biannually using the most recent data collected from providers under subsection (b)(2);
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(a) The Commission shall conduct regular audits of information submitted to the Commission by providers under section 642(b)(2) of this title to ensure that the providers are complying with this subchapter.
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(1) The Commission shall develop a process through which entities or individuals in the United States may submit specific information about the deployment and availability of broadband internet access service in the United States on an ongoing basis so that the information may be used to verify and supplement information provided by providers of broadband internet access service for inclusion in the maps created under section 642(c)(1) of this title.
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(d) The Commission shall establish a process through which a provider that has fewer than 100,000 active broadband internet access service connections may request and receive assistance from the Commission with respect to geographic information system data processing to ensure that the provider is able to comply with the requirements under section 642(b) of this title in a timely and accurate manner.
Citations to §641(12)
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(i) relating to the availability and quality of service with respect to terrestrial fixed, fixed wireless, satellite, and mobile broadband internet access service; and
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(B) the data collected by the Commission with respect to the availability of broadband internet access service and the quality of service with respect to broadband internet access service.
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(d) Any requirement of a rule issued under subsection (a)(1) that relates to quality of service shall take effect not earlier than the date that is 180 days after the date on which the Commission issues that rule.
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It shall be unlawful for an entity or individual to willfully and knowingly, or recklessly, submit information or data under this subchapter that is materially inaccurate or incomplete with respect to the availability of broadband internet access service or the quality of service with respect to broadband internet access service.
Citations to §641(13)
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(aa) polygon shapefiles; or
Citations to §641(14)
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(II) could provide that service, as determined by identifying where the provider is capable of performing a standard broadband installation, if applicable;