Vol. 18, No. 25
June 20, 2022
Broadband Data Collection Filings Due by September 1, 2022
The FCC’s Enforcement Bureau issued an advisory reminding all facilities-based providers of fixed or mobile broadband internet access service of their duty to timely file complete and accurate data in the Broadband Data Collection (BDC) on a biannual basis. An entity is a facilities-based provider if it supplies broadband service using any of five types of facilities enumerated in the FCC's Third Report and Order in the BDC proceeding. The FCC adopted the definition of broadband internet access service in the Broadband DATA Act, which adopts by reference the meaning given to that term in section 8.1(b) of the FCC's rules, limiting the BDC requirements to providers of mass-market retail service only.
Providers may begin submitting their data on June 30, 2022, and must complete their submissions no later than September 1, 2022. This Advisory highlights the BDC filing obligations and reiterates that a failure to timely file the required data in the new BDC system may lead to enforcement action and/or penalties as set forth in the Communications Act of 1934, as amended, and other applicable laws, absent circumstances beyond a filer’s control.
Filers must submit data in the BDC system via file upload and/or web form. Detailed specifications for the biannual BDC filings can be found here. Filers are encouraged to submit their data as early as possible in the filing window.
FCC to Host Webinar on BDC Collection System June 29
The FCC’s Broadband Data Task Force will hold a live, virtual webinar on Wednesday, June 29, 2022, starting at 2 p.m. EDT to preview the BDC system for filers. There is also more information about the categories of broadband providers that must file availability data, the entities that may also submit verified availability data and what data must be filed.
The June 29 webinar will familiarize filers with how to navigate the BDC system and how to submit their data once the window opens. The webinar will be streamed live at both www.fcc.gov/live and on the FCC YouTube page. A recording of the webinar will subsequently be posted to the Commission’s BDC webpage and on the YouTube page.
Additional tutorials about how to file broadband availability data can be found under the Education tab.
States Certifying Pole Attachment Regulations
The FCC Wireline Competition Bureau issued a public notice announcing states that have certified they regulate pole attachments. The bureau noted Florida recently certified it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments in the state, including a specific methodology for such regulation that has been made publicly available in the state. The Bureau said certification by a state preempts the FCC from accepting pole attachment complaints under Subpart J of Part 1 of its rules.