CCA Petition on Broadband Filing Requirement Gets Mixed Reviews
The FCC got a mixed response to a Competitive Carriers Association petition seeking FCC clarification that broadband data collection (BDC) filings can be certified by a qualified engineer who isn't a licensed professional engineer (PE) accredited by a state licensure…
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board (see 2205170073). Replies were posted Thursday in docket 19-195. Many commenters support CCA but “they fail to show that a declaratory ruling is warranted or provide support for the argument that the public interest is served by relaxing the certification requirement,” the Rural Wireless Association said. CCA asked the FCC “to adopt a brand new definition” and “such a request must be made via a petition for rulemaking, which is subject to its own requirements and governed by the Administrative Procedure Act,” RWA said. Leave the requirement in place, said the Nebraska National Society of Professional Engineers. Similar government programs have similar requirements, the group said: “This is done to ensure that … projects are constructed in a manner that meets all local, state, federal and in some cases international, regulations and requirements. It also ensures that the networks are designed in such a way as to meet the speed and data rate performance requirements that the service provide[r]s are advertising.” NCTA supported CCA. NCTA said it “appreciates the need to ensure the accuracy of the mapping data submitted to the Commission [but] the individual most familiar with the preparation and development of that data and thus in the best position to certify to its accuracy may not have the requisite professional designation.” Most groups representing providers support CCA, the Wireless ISP Association said. Opponents “ignore the realities of the marketplace and conflate the requirements of building infrastructure with the more routine task of certifying network coverage based on parameters established by the Commission,” WISPA said. The current PE shortage “will result in many providers being unable to get the required engineering certification, and, consequently, being unable to make their BDC filings timely, if at all; or, incurring unduly burdensome costs to enlist a PE,” ACA Connects said. “The response to CCA’s petition by trade associations, broadband service providers, and individual commenters reflects widespread support for the Commission’s policy objectives, and a shared commitment to accurate and granular data collection as a crucial component of broadband deployment,” CCA said.