FCC Publishes Digital Opportunity Data Collection R&O and FNPRM in Fed Reg
On August 6, 2019, the Commission released the Report and Order and Second Further Notice of Proposed Rulemaking (“R&O” and “FNPRM”) in the Establishing the Digital Opportunity Data Collection and Modernizing the FCC Form 477 Data Program proceedings, adopted in the August Open Meeting on August 1, 2019 (WC Docket Nos. 19-195, 11-10). Specifically, in the R&O, the Commission takes actions to gather more detailed fixed wireless broadband data in order to disburse funding to fill the “gaps” in broadband coverage by creating the Digital Opportunity Data Collection, separate from the existing Form 477 Fixed Broadband Data. The FNPRM seeks comment on how to eventually incorporate mobile wireless coverage data into the Digital Opportunity Data Collection.
There were several changes between the draft item and the adopted R&O and FNPRM with respect to mobile broadband and voice data. Notably, the Commission now seeks comment on an appropriate timetable for sunsetting the mobile Form 477 mobile broadband data collections in addition to the Form 477 Fixed data collection and on additional data collection methodologies.
On August 22, 2019, the Commission published the Report and Order and Second Further Notice of Proposed Rulemaking in the Federal Register therefore establishing the following effective date and comment dates:
The rules in the Order are effective September 23, 2019, except for paragraphs 44-51 and 57-65, and the addition of 47 CFR 54.1401, 54.1402(b),(c), (d)(2), and (e), which are delayed and will be published in the Federal Register at a later date upon OMB approval. Paragraphs 44-51 address adding a 5G-NR Technology Code for the reporting of 5G mobile broadband deployment and eliminating outdated Technology Codes, and paragraphs 57-65 outline the new rules requiring mobile broadband and voice providers to submit subscription data at the census tract level based on the subscriber’s place of primary use. Section 54.1401 outlines the frequency of initial reports pursuant to the Collection, while Section 54.1402 details the scope and content requirements of these filings.
Comments on the FNPRM are due September 23, 2019.
Reply comments are due October 7, 2019.
Comments on the information collection requirements requiring OMB approval listed above are due October 21, 2019.
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