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Markup Next Week?

House Communications Lawmakers Voice Support for Broadband Mapping Legislation

House Communications Subcommittee members voiced near-universal interest in legislation to improve the federal government's collection of broadband coverage data, as expected (see 1909100064). Subcommittee members' support likely sets the stage for a swift potential markup of a combined bill soon. Witnesses backed a package that includes all or part of the five bills House Communications examined, including the Broadband Deployment Accuracy and Technological Availability (Data) Act (HR-4229).

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House Communications Chairman Mike Doyle, D-Pa., gave no timeline of when a subcommittee markup might happen. Lobbyists expect it as soon as next week. Doyle told reporters he thinks the subcommittee will pursue advancing a revised version of HR-4229 that adds in “elements from some of the other bills, too.” HR-4229 and S-1822 would require the FCC collect more “granular” broadband coverage data and create a “user-friendly challenge process.” The other bills Communications examined at Wednesday's hearing were the Broadband Mapping After Public Scrutiny (Maps) Act (HR-2643), Broadband Data Improvement Act (HR-3162), Map Improvement Act (HR-4128) and Mapping Accuracy Promotes Services Act (HR-4227).

The goal is to get [a bill] passed” in both chambers, so it would be ideal “if we can get a bill that's not too much different” from the version of S-1822 that the Senate Commerce Committee cleared in July (see 1907240061), Doyle said. S-1822 has language from other broadband mapping measures, including HR-3162 companion S-1522. It would direct federal funds to build out broadband infrastructure and require broadband providers to report more accurate data on the locations they serve to help improve the national broadband map (see 1905160087).

HR-2643 would require the FCC begin a rulemaking process within six months to establish a challenge process to verify broadband coverage data (see 1905100066). HR-4128 and Senate companion S-1485 would designate the FCC as the lead broadband mapping agency and establish the Office of Broadband Data Collection and Mapping. HR-4227 would explicitly forbid knowingly giving the FCC inaccurate coverage data.

House Commerce Committee ranking member Greg Walden, R-Ore., also cited the Senate Commerce-cleared “consensus” S-1822 text during the hearing as “an interesting path” to “address this issue.” There “are a number of issues which Republicans are committed to working on with our counterparts -- such as how we’re going to provide funding, how to balance publicly available information, how to improve data sources, and how we can best leverage the data to the greatest extent possible across the federal government,” Walden said.

Rep. Adam Kinzinger, R-Ill., urged caution, even though he agrees House Communications should move quickly to fix problems with federal government broadband mapping practices. “For what seems like forever now, government and industry and Main Street have been complaining about the inaccuracy,” he said. “Given the complexities of the issue and the difficulty of striking the right balance, we may not have a similar opportunity to do this again for some time.” Lead HR-4229 sponsor Rep. Dave Loebsack, D-Iowa, noted his “urgency” that Congress address mapping problems this session, given he's not running for re-election next year.

Lawmakers and witnesses spent much of the hearing cementing agreement on elements to be included in a final broadband mapping bill, including provisions allowing public crowdsourcing of broadband data and a robust challenge process. Rep. G.K. Butterfield, D-N.C., wants to “strike the right balance” so the FCC “isn't overwhelmed” with so many challenges to submitted data that it excessively delays funding disbursement. NTCA CEO Shirley Bloomfield, like other witnesses, supported a challenge process, saying it would provide a “needed reality check” on submitted data.

There was substantial support for legislation to codify the shapefiles broadband mapping proposal the FCC adopted last month (see 1908010007). Free Press Policy Manager Dana Floberg urged lawmakers to ensure the new data is compatible with the earlier census block maps so stakeholders can accurately analyze trends a cross-reference the data with other demographic information from the Census Bureau. Rep. Bill Johnson, R-Ohio, asked whether the FCC should seek information on the actual speeds ISPs deliver rather than advertise. Floberg suggested the FCC map speed tiers to determine if service qualifies under the 25 Mbps download/3 Mbps upload threshold.

Doyle pushed back after the hearing against Floberg's suggestion that House legislation require the FCC to also measure the affordability of broadband services. “When families are forced to forgo necessities like diapers and food so they can afford to keep paying their internet bill,” then “we have an affordability problem,” she said. Floberg acknowledged such a provision may not make it into the current legislation. “We have a Senate bill that we think is a pretty good bill” and a House measure is likely to mirror it in most aspects, Doyle said.