FCC’s National Broadband Map: Implications for the Broadband Equity, Access, and Deployment (BEAD) Program

FCC’s National Broadband Map: Implications for the Broadband Equity, Access, and Deployment (BEAD) Program

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
services available throughout the country and implement a
focus of congressional interest for decades as a
public challenges process. On November 18, 2022, the FCC
significant—and growing—number of daily activities are
released the preproduction draft of the map—referred to as
conducted online. Some areas of the United States—
the National Broadband Map. According to the FCC, the
particularly rural and tribal areas, but also some urban and
preproduction draft begins an “ongoing, iterative process
suburban areas—have limited or no access to broadband
that will improve the data submitted by providers by
service. Consumer advocates often refer to this connectivity
incorporating challenges from individuals and other
gap as the digital divide. As classrooms, workplaces, and
stakeholders.”
social activities migrated online during the Coronavirus
Disease 2019 (COVID-19) pandemic, the digital divide
National Broadband Map and the BEAD
became increasingly apparent and a pressing equity issue.
Program
The IIJA established the $42.45 billion BEAD Program to
Many in Congress have shown sustained interest in
be administered by NTIA. In addition to a minimal initial
increasing the accuracy of federal broadband data and maps
amount allocated to each eligible state and territory, the
in order to make informed decisions about how to best
IIJA provided NTIA a formula to calculate the distribution
direct federal funds and target programs designed to
of BEAD funding based on the share of unserved locations
increase broadband connectivity and address the digital
in an eligible state or territory. These unserved locations are
divide. Without accurate data, broadband maps may not
“determined in accordance with the broadband DATA
reliably indicate need, and federal assistance may be
maps” that the FCC was mandated to create by the
provided to areas that already have sufficient service,
Broadband DATA Act.
leaving other areas unserved or underserved.
According to the IIJA, a location is considered unserved if
This In Focus provides brief background on Federal
the National Broadband Map shows that (1) it is a
Communications Commission (FCC) broadband mapping
broadband-serviceable location (defined by the FCC as any
activities. It describes the FCC’s newly released National
business or residential location where broadband service is
Broadband Map and its implications for the Broadband
available or can be installed) and (2) it either has no access
Equity, Access, and Deployment (BEAD) program, which
to broadband service or lacks reliable broadband service.
was created at the National Telecommunications and
According to NTIA’s BEAD Program Notice of Funding
Information Administration (NTIA) by the Infrastructure
Opportunity, reliable broadband service should be provided
Investment and Jobs Act (IIJA; P.L. 117-58) to provide
via fiber, cable, digital subscriber line (DSL), or terrestrial
broadband service to unserved locations. Potential
fixed wireless technology using licensed or a hybrid of
considerations for Congress are also briefly discussed.
licensed and unlicensed spectrum. On November 10, 2022,
NTIA released an estimated date of June 30, 2023, to
Background on FCC Broadband Mapping announce BEAD grant allocations to eligible states and
and the Broadband DATA Act
territories based on data in the National Broadband Map.
Since 2018, the FCC has had responsibility for developing a
comprehensive map of broadband availability in the United
Potential Implications of the National
States—the Fixed Broadband Deployment Map. While the
Broadband Map Challenge Process for
initial map developed by the FCC provided a snapshot of
the BEAD Program
broadband availability, some stakeholder groups identified
Inaccurate broadband deployment data in the National
data granularity issues. For example, the FCC’s
Broadband Map could affect the share of BEAD Program
methodology considered an entire census tract as served by
funding an eligible state or territory receives.
broadband if at least one home or business in that tract was
reported as being served by an Internet Service Provider
As required by the Broadband DATA Act and the IIJA,
(ISP)—potentially overstating availability. Additionally, the
consumers, state, local, and tribal governments, and other
FCC lacked a challenge process for consumers or other
stakeholders (e.g., ISPs) can submit challenges to the FCC
entities to identify tracts that they believed were not served.
if they believe the National Broadband Map contains
inaccurate data (e.g., missing locations, over- or understated
In March 2020, the Broadband Deployment Accuracy and
broadband service availability at a specific location). The
Technological Availability Act (Broadband DATA Act;
FCC will notify the ISP of the challenge. If the parties (e.g.,
P.L. 116-130) was enacted, which required the FCC to—
consumer and ISP) are unable to resolve a challenge
among other requirements—collect and display (on the
between themselves, the IIJA requires the FCC to resolve it
map) specific location-level information about broadband
(i.e., review evidence and make a determination) within 90
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FCC’s National Broadband Map: Implications for the Broadband Equity, Access, and Deployment (BEAD) Program
days after the final response from the ISP that provided the
challenges—from individual users alone—and expects
original information to develop the initial National
more to be filed by mid-January.
Broadband Map. States and other entities, such as smaller
ISPs, may encounter difficulty challenging or responding to
The IIJA provides an additional challenge mechanism
challenges of National Broadband Map data, described
before states and territories can distribute the BEAD
below.
funding they receive from NTIA to sub-grantees for the
deployment of broadband networks. Local governments,
Contractual Obligations
nonprofit organizations, and ISPs can challenge a
Agreements with data vendors (for example, data used for
determination made by the state or territory as to whether a
state broadband mapping) may hinder state broadband
particular location is eligible for the grant funds, including
offices from challenging National Broadband Map data. For
whether the location is unserved or underserved. The time
example, according to Chief Data Officer of the Montana
to resolve these challenges may vary by state.
Department of Administration Adam Carpenter, who spoke
on an October 26, 2022, panel, some states may lease data
Considerations for Congress
from private entities that could be used to challenge the
The accuracy of the National Broadband Map is a key
National Broadband Map. Contractual obligations may
concern for many in Congress. On December 21, 2022, a
restrict data sharing with another entity. Thus, states may
group of 26 Senators wrote a letter to the FCC Chairwoman
not end up challenging the National Broadband Map—or if
“to ensure the FCC’s national broadband maps satisfy the
they do challenge, they may violate their contract and face
goals of the Broadband DATA Act and provide an accurate
legal jeopardy. Some state third-party data vendors may
and reliable depiction of broadband availability across the
also be concerned that the FCC’s third-party vendor that
nation, which plays a major role in decisions about the
developed the underlying data structure of the National
distribution of broadband infrastructure funding.”
Broadband Map could use data submitted from states in the
challenge process for its own commercial use.
Since the FCC’s National Broadband Map plays a key role
in determining how much BEAD funding NTIA allocates to
Resources
each eligible state and territory, the map’s accuracy, and
States differ in access to resources needed to file timely
timeliness and fairness of the allocation of BEAD awards,
challenges to the National Broadband Map. NTIA has
may be of continued concern to the 118th Congress. Several
encouraged states and territories to submit challenges by
important agency actions are anticipated in 2023. The FCC
January 13, 2023, for the FCC to incorporate corrections
expects to resolve the challenges to the map early in 2023,
into the National Broadband Map in time to be used to
and the NTIA anticipates starting allocation of a substantial
announce BEAD funding awards by June 30, 2023.
amount of BEAD funding by June 30, 2023.
According to an October 31, 2022, press release, New York
With the release of the preproduction draft National
submitted more than 31,000 missing unserved or
Broadband Map, Congress has a variety of options for
underserved address locations to the FCC, demonstrating
oversight and legislation, including hearings on the
the potential magnitude of the data collection effort facing
concerns noted above. For example, Congress could
some states. Some states and municipalities may lack the
mandate an extension of the challenge process timeline for
resources and expertise to file challenges of this size. For
BEAD allocations if it finds that necessary to ensure all
example, according to a local news article, New Mexico
stakeholder concerns could be addressed before funds are
State Broadband Director Kelly Schlegel stated, “the
awarded and distributed. Congress could also consider
broadband division has found a number of errors in the
requiring the FCC to initiate a proceeding to gather public
FCC map of New Mexico detailing broadband access,” and
input on the resolution of challenges.
“the division, right now, probably doesn’t have enough staff
to fix it by the program’s mid-January [2023] target date,”
Additional CRS Resources
which “could cause New Mexico to miss out on hundreds
CRS Report R45962, Broadband Data and Mapping:
of millions of dollars.”
Background and Issues for the 117th Congress, by Colby
Leigh Rachfal
Other Concerns
Following the challenge process and release of the next
CRS Report R46967, The Infrastructure Investment and
iteration of the National Broadband Map in mid-January
Jobs Act (P.L. 117-58): Summary of the Broadband
2023, some existing ISPs may dispute the determination of
Provisions in Division F, coordinated by Patricia Moloney
whether some locations are served or not. This could lead to
Figliola
legal action, which could lengthen the time needed to
resolve some challenges. Additionally, the volume of filed
CRS Report R47075, The National Telecommunications
map challenges may make it difficult for the FCC to resolve
and Information Administration (NTIA): Current Roles and
them in a timely manner, which could delay NTIA’s
Programs, by Ling Zhu
planned announcement of BEAD allocations by June 30,
2023. This planned date is contingent on the development
Colby Leigh Rachfal, Analyst in Telecommunications
of a settled version of the National Broadband Map.
Policy
Additionally, according to FCC Chairwoman Jessica
Ling Zhu, Analyst in Telecommunications Policy
Rosenworcel, the FCC has received thousands of
IF12298
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FCC’s National Broadband Map: Implications for the Broadband Equity, Access, and Deployment (BEAD) Program

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