Broadband Deployment Accuracy and Technological Availability (DATA) Act

The Infrastructure Investment and Jobs Act (IIJA) directs the National Telecommunications and Information Administration (NTIA) to use the Federal Communication Commission's National Broadband Map to determine how much money each state, territory, and the District of Columbia (which we refer to as “Eligible Entities” for the Broadband Equity, Access, and Deployment (BEAD) Program) will be allocated in the BEAD program.

The Federal Communications Commission and the National Telecommunications and Information Administration (NTIA) have recommended filing dates for bulk challenges to the National Broadband Map, which is updated twice yearly. But stakeholders hadn’t seen similar guidance from either agency about individual challenges.

Georgia’s Clayton County, a growing community that includes Hartsfield Airport, has been ignored by large providers that have not upgraded their broadband facilities to support higher speeds necessary for remote work and learning. This leaves many residents, many of whom are low- or middle-income, with slow-speed DSL or cable connections. The lack of broadband facilities is just one problem for the county.

Thousands of East Texans are part of a petition challenging the accuracy of the Texas Broadband Development Map that shows internet availability and speeds across the state.

In November 2022, the Federal Communications Commission released new broadband maps that provide a snapshot of the state of broadband deployment in the United States. Here are some key developments and things the FCC learned over the past four months.

Sens Ron Wyden, (D-OR), John Barrasso (R-WY), and 12 other bipartisan senators called on the Federal Communication Commission to ensure rural and tribal communities in need receive their fair share of federal broadband grants. The members urged FCC to update the National Broadband Map each month, rather than every 6 months, so broadband grants will be awarded based on the most accurate information. The senators noted that many states were unable to challenge the accuracy of the broadband map in time to meaningfully impact how BEAD funds are being distributed.

The Maryland Congressional Delegation sent a letter urging the Federal Communications Commission to update and improve Maryland’s broadband mapping data based on the state's Office of Statewide Broadband’s comments on the National Broadband Map. The Office of Statewide Broadband (OSB) found approximately 3,800 addresses incorrectly identified as serviceable by internet service providers (ISPs) compared to the state’s information on unserved locations. The OSB submitted feedback as part of the challenge process to improve the accuracy of the FCC’s service availability data.

In 2021, the South Carolina General Assembly established the Office of Broadband Coordinator within the Office of Regulatory Staff to serve as the central broadband planning body for the state and to coordinate with federal, state, regional, local, and private entities to encourage the continued development of access to broadband in the Palmetto State. The office was charged with convening a collaborative stakeholder process to identify challenges to expediting broadband access—and so it established the Broadband Advisory Council to help guide broadband planning in South Carolina.

SpaceX has offered a public explanation for why Starlink's actual service availability falls far short of what it claimed on the Federal Communications Commission's national broadband map. SpaceX's FCC filings indicate it offers fixed broadband at virtually every address in the US even though the Starlink website's service map shows it has a waitlist in huge portions of the country.  SpaceX removed some homes from the FCC database when residents filed challenges because they were unable to order Starlink at addresses listed as served on the FCC map. SpaceX tried to clear up the confusion in

In a letter to the National Telecommunications and Information Administration, National Rural Electric Cooperative Association (NRECA) expressed concerns about the Federal Communications Commission's new National Broadband Map and urged the NTIA to provide states with flexibility in determining locations and areas eligible for funding in the Broadband Equity, Access, and Deployment (BEAD) Program.