[Senate Report 115-206]
[From the U.S. Government Publishing Office]
Calendar No. 305
115th Congress } { Report
SENATE
2d Session } { 115-206
_______________________________________________________________________
RURAL WIRELESS ACCESS ACT OF 2017
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1621
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 7, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
79-010 WASHINGTON : 2018
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West MARGARETWOODHASSAN,NewHampshire
Virginia
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 305
115th Congress } { Report
SENATE
2d Session } { 115-206
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RURAL WIRELESS ACCESS ACT OF 2017
_______
February 7, 2018.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1621]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1621) to require the Federal
Communications Commission to establish a methodology for the
collection by the Commission of information about commercial
mobile service and commercial mobile data service, and for
other purposes, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose of the Bill
S. 1621 would direct the Federal Communications Commission
(FCC) to establish a methodology for the collection of mobile
coverage data for the Universal Service program or any other
similar program.
Background and Needs
Ninety-five percent of Americans own a mobile phone,\1\ and
in many instances, consumers are now using mobile services,
including mobile broadband, as their sole means of
communicating or connecting to the Internet. As ownership of
mobile phones has increased, so has the expectation of
consumers that mobile services will be available to them in
nearly all locations in the United States. In part due to this
expectation and the recognition of the value of mobile services
to the country, the FCC is planning to spend billions of
dollars over the next several years to promote deployment of
advanced commercial mobile services.\2\
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\1\See Mobile Fact Sheet, Pew Research Center, at http://
www.pewinternet.org/fact-sheet/mobile/.
\2\In 2011, the Federal Communications Commission (FCC) established
the Mobility Fund Phase II and Tribal Mobility Fund Phase II to
allocate up to $4.53 billion over the next decade to advance the
deployment of 4G Long Term Evolution (LTE) service to areas that are so
costly that the private sector has not yet deployed there and to
preserve such service where it might not otherwise exist. See Connect
America Fund et al., WC Docket No. 10-90 et al., Report and Order and
Further Notice of Proposed Rulemaking, 26 FCC Rcd 17712, para. 2 (2011)
(USF/ICC Transformation Order), aff'd sub nom., In re: FCC 11-161, 753
F.3d 1015 (10th Cir. 2014), at https://apps.fcc.gov/edocs_public/
attachmatch/FCC-11-161A1.pdf.
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Congress has found that the deployment and adoption of
broadband technology have resulted in the following: enhanced
economic development and public safety for communities across
the Nation; improved health care and educational opportunities;
and a better quality of life for all Americans.\3\ As a result,
Congress has directed the FCC to annually assess whether
advanced telecommunications capability is being deployed to all
Americans in a reasonable and timely fashion.\4\ Congress also
has determined that improving Federal data on the deployment
and adoption of broadband service would assist in the
development of broadband technology across all regions of the
Nation.\5\
The FCC's primary means of obtaining data about broadband
service deployment is its Form 477 data collection. Each
facilities-based broadband provider is required to file FCC
Form 477 biannually indicating where it offers Internet access
service at speeds exceeding 200 kbps in at least one direction.
The FCC established Form 477 in 2000 in an effort to collect
uniform and reliable data regarding broadband services, local
telephone service competition, and mobile telephony services on
a single form and in a standardized manner.\6\ In 2008,
Congress passed the Broadband Data Improvement Act, which
requires the FCC to issue reports on the deployment of advanced
telecommunications capabilities throughout the country
annually,\7\ as well as to provide specific demographic
information within that report,\8\ among other things.\9\
In the American Recovery and Reinvestment Act of 2009,
Congress directed the National Telecommunications and
Information Administration through the State Broadband
Initiative program to collect robust data about broadband
deployment and create ``a comprehensive nationwide inventory
map of existing broadband service capability and availability''
through a National Broadband Map.\10\ Also, in 2009, the
National Broadband Plan recommended that the FCC revise Form
477 data collection to better monitor broadband availability,
adoption, and competition.\11\ In a 2013 Order, the FCC
substantially revised and enhanced its collection of mobile
voice and broadband coverage data\12\ by revising the scope and
nature of the new Form 477 data on mobile services coverage in
an attempt to improve, among other things, uniformity of data
reporting.\13\ In 2014, the FCC proposed to use Form 477 mobile
deployment data, rather than earlier sources, as it moved
forward on determining how best to distribute mobile broadband
universal service support for mobile broadband.\14\
Nonetheless, many believe that the FCC has consistently
failed to gather information necessary to properly assess
mobile broadband network coverage or to take the steps
necessary to allow it to do so in the future. In 2015, the FCC
concluded ``that the mobile data available today are not
sufficiently reliable to include when we determine whether
advanced telecommunications capability is being deployed to all
Americans in a reasonable and timely manner . . . .''\15\
Although it stated at that time that it was ``taking steps to
resolve inadequacies in the mobile data,''\16\ as recently as
August 2017, the FCC decided against using its Form 477 data
``as the basis for determining deployment of qualifying 4G LTE
for the map of areas presumptively eligible for MF-II
support.''\17\ As a result of this deficiency of uniform and
reliable data, the FCC's ability to direct Mobility Fund Phase
II support to primarily rural areas that lack unsubsidized 4G
LTE service will require costly and time-consuming
analysis.\18\
The measure seeks to remedy this lack of uniform and
reliable data. Collection of more reliable data on mobile
coverage (including coverage of commercial mobile data
services) would provide both the FCC and Congress a better
basis upon which to base decisions about how to spend public
funds and promote the deployment of mobile services.
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\3\47 U.S.C. Sec. 1301(1).
\4\Id.
\5\47 U.S.C. Sec. 1301(3).
\6\Local Competition and Broadband Reporting, CC Docket No. 99-301,
Report and Order, 15 FCC Rcd 7717, 7718, 7749-50, 7753-54, 7756-57,
7772-90, paras. 1, 66, 75, 84, App. B. (2000). Form 477 also currently
collects limited information from broadband providers about the
availability of broadband service. FCC Form 477 Instructions at 9-10,
at http://transition.fcc.gov/Forms/Form477/477inst.pdf.
\7\47 U.S.C. Sec. 1302(b).
\8\47 U.S.C. Sec. 1302(c) (requiring the FCC to ``compile a list of
geographical areas not served by any provider of advanced
telecommunications capability.'' Id. To the extent that Census Bureau
data are available, the FCC must then ``determine, for each such
unserved area--(1) the population; (2) the population density; and (3)
the average per capita income.'' Id.
\9\47 U.S.C. Sec. 1303(b).
\10\Public Law No. 111-5, 123 Stat. 115.
\11\FCC, Connecting America: The National Broadband Plan, GN Docket
No. 09-51, at 9, 29 (2010) (National Broadband Plan or Plan). The
American Recovery and Reinvestment Act of 2009 directed the FCC to
develop a national broadband plan to ensure that all people of the
United States have access to broadband. See American Recovery and
Reinvestment Act of 2009, Sec. 6001(k), Pub. L. No. 111-5, 123 Stat.
115, 516 (2009).
\12\See Modernizing the FCC Form 477 Data Program, Report and
Order, 28 FCC Rcd 9887 (2013) (477 Report & Order). Also see Form 477
PN 2016.
\13\See Inquiry Concerning the Deployment of Advanced
Telecommunications Capability to All Americans in a Reasonable and
Timely Fashion, and Possible Steps to Accelerate Such Deployment
Pursuant to Section 706 of the Telecommunications Act of 1996, as
Amended by the Broadband Data Improvement Act, 2016 Broadband Progress
Report, 31 FCC Rcd 699, 708-09 para. 22 (2016) (``[D]ata from the Form
477 . . . help us better analyze mobile broadband deployment than in
years past.'').
\14\Since that time, the FCC has relied on Form 477 data to analyze
mobile deployment outside the universal service context. See, e.g.,
id.; Implementation of Section 6002(b) of the Omnibus Budget
Reconciliation Act of 1993, Annual Report and Analysis of Competitive
Market Conditions With Respect to Mobile Wireless, Including Commercial
Mobile Services, Eighteenth Report, 30 FCC Rcd 14515 (WTB 2015)
(Eighteenth Mobile Competition Report).
\15\Broadband Progress Report and Notice of Inquiry on Immediate
Action to Accelerate Deployment, 30 FCC Rcd 1375, (2015 Broadband
Progress Report) at para. 75.
\16\Id.
\17\Connect America Fund, Order on Reconsideration and Second
Report and Order, WC Docket No. 10-90, WT Docket No. 10-208, 32 FCC Rcd
6282, 86, at para. 7 (2017) (Mobility Fund Phase II Data Order).
\18\See generally, id.
\19\See, e.g., Connect America Fund; Universal Service Reform -
Mobility Fund II, Report and Order and Further Notice of Proposed
Rulemaking, 32 FCC Rcd 2152 (2017). In particular, the challenge
process established for Mobility Fund Phase II is expected to
contribute significantly to the development of coverage data collection
methodology.
\20\Modernizing the FCC Form 477 Data Program, WC Docket No. 11-10,
Further Notice of Proposed Rulemaking, FCC 17-103 (Aug. 3, 2017).
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Legislative History
S. 1621 was introduced on July 24, 2017, by Senator Wicker
(for himself, and for Senators Manchin, Sullivan, Barrasso,
Fischer, Moran, Schatz, Klobuchar, Peters, and Wyden) and was
referred to the Committee. Senator Heller is also a cosponsor.
On August 2, 2017, the Committee met in open Executive Session
and, by voice vote, ordered S. 1621 reported favorably without
amendment.
A similar bill, H.R. 1546, was introduced in the House of
Representative by Representative Loebsack on March 17, 2017,
and referred to the Committee on Energy and Commerce of the
House of Representatives.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1621--Rural Wireless Access Act of 2017
S. 1621 would require the Federal Communications Commission
(FCC) to conduct a rulemaking to establish a methodology for
collecting information about the availability of commercial
mobile data services for Universal Service Fund programs.
On the basis of costs reported for similar FCC rulemakings,
CBO estimates that implementing S. 1621 would cost the agency
$1 million over the 2018-2022 period. Because the FCC is
authorized under current law to collect fees sufficient to
offset the costs of its regulatory activities each year, CBO
estimates that the net cost to the FCC to implement S. 1621
would be negligible, assuming appropriation actions consistent
with that authority.
Enacting S. 1621 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 1621 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
S. 1621 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
If the FCC increases annual fee collections to offset the
costs of the rulemaking and analysis required by the bill, S.
1621 would increase the cost of an existing private-sector
mandate on commercial entities required to pay those fees. On
the basis of information from the FCC, CBO estimates that the
incremental cost of the mandate would be small--no more than $1
million over the 2018-2022 period--and would fall well below
the annual threshold established in UMRA for private-sector
mandates ($156 million in 2017, adjusted annually for
inflation).
The CBO staff contacts for this estimate are Stephen Rabent
(for federal costs) and Logan Smith (for private-sector
mandates). The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The bill would only apply to the FCC. The bill would have
no effect on the number or types of individuals and business
regulated in the United States.
economic impact
By providing the FCC, Congress, other policy makers, and
the public more accurate information regarding mobile service
coverage data, the bill is expected to facilitate more
efficient investment in mobile commercial service and to have a
positive economic impact.
privacy
The bill is not expected to have an adverse effect on the
personal privacy of any individuals.
paperwork
The Committee does not anticipate an increase in the number
of entities that would be required to maintain or file
paperwork as a result of this bill. However, the Committee
understands that it is possible that this measure could result
in an increased paperwork burden on certain regulated entities
(namely providers of commercial mobile service and commercial
mobile data service) as a result of the data collection
methodology that would be developed by the FCC pursuant to this
bill. The Committee believes, though, that any increases in
paperwork resulting from this bill may be offset, at least in
part, by reductions in paperwork brought about by revising
existing FCC data collection processes. Additionally, the
Committee believes that any increased paperwork burden
resulting from this bill is outweighed by the benefit to
consumers, the FCC, Congress, and the economy from having
better coverage data.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the Act may be cited as the
``Rural Wireless Access Act of 2017.''
Section 2. Methodology for collection of mobile service coverage data.
This section would define the terms used in the bill and
would direct the FCC not later than 180 days after the date of
enactment of the Act to promulgate regulations to establish a
methodology that would apply to the collection of coverage data
by the FCC for the purposes of the Universal Service program or
any other similar program.
This section further would require the methodology
established by the FCC to do the following: contain standard
definitions for different mobile service speed tiers, such as
the 2G, 3G, 4G, and 4G LTE tiers; ensure that coverage data is
collected in a consistent and robust way; improve the validity
and reliability of coverage data; and increase the efficiency
of coverage data collection. The Committee understands that
because a number of factors affect the quality of service
mobile users may experience even from a single tower (e.g.,
terrain, location, weather, foliage, time of year, type of
device, congestion, etc.) definition of speed tiers may best be
expressed in a range of speeds, and such ranges may overlap
between speed tiers.
The Committee is aware that the FCC already has two ongoing
proceedings relevant to this legislation: (collectively known
as the ``Coverage Data Proceedings'') one regarding Mobility
Fund Phase II;\19\ and another on data collection on FCC Form
44720 . The Committee believes that both of these proceedings
may provide additional information regarding collection of
standardized coverage data. The Committee intends that in the
event the Coverage Data Proceedings are not completed prior to
the deadline established by this section, the FCC should
supplement the framework developed under this bill as
appropriate through further regulatory proceedings to
incorporate improvements, refinements, or differing approaches
identified in the Coverage Data Proceedings. The Committee also
believes that the FCC should try to avoid adopting specific
requirements pursuant to this Act that are likely to be
inconsistent with rules informed by the Coverage Data
Proceedings, unless such requirements better effectuate this
measure.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
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