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.