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The FCC’s Approach to Data Is (Still) a Disaster

FCC Data Disaster
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The U.S. federal government, we鈥檝e learned by now, does a poor job of accurately studying broadband access and adoption鈥攂ut it may actually get worse.

On Wednesday, the Federal Communications Commission (FCC) voted to eliminate requirements for cable operators to report information on the services they provide, including broadband speeds, the number of subscribers, and information about the equipment a particular operator provides. The FCC that 鈥渕arketplace, operational, and technological changes have overtaken the utility鈥 of the mandatory form (known as Form 325), and that the commission barely uses it, anyway. So just ax it, the thinking goes.

But this move reflects an ongoing struggle at the FCC with inaccurate broadband mapping due to an over-reliance on internet service providers (ISPs) to provide information on broadband deployment and availability. More specifically, this flimsy data maneuvering could exacerbate all sorts of issues: It could lead to misallocated funds for broadband development, it could undermine the ability of federal agencies to help improve deployment and adoption outcomes, and, perhaps most worryingly, it could harm the accuracy of the 2020 Census鈥攁nd all the activities that depend on it.

The FCC conducts a review of the state of broadband deployment and access every year, as required by the 1996 Telecommunications Act. As part of this analysis, the FCC must determine whether high-speed broadband is being deployed to 鈥渁ll Americans in a reasonable and timely fashion.鈥

Here, accurate data is crucial. If the FCC finds that high-speed broadband is not being deployed to all Americans in the way it spells out, it must 鈥渢ake immediate action to accelerate deployment.鈥 In other words, if broadband isn鈥檛 being deployed in a timely way to all Americans, the FCC is obligated to enact policies to remedy that. But without reliable data, the FCC might restrict its own ability to do what it鈥檚 supposed to do.

A continuation of the FCC鈥檚 current approach could also have negative consequences beyond the FCC鈥攃hiefly, for the 2020 Census. The Census Bureau plans to conduct its first-ever internet-based U.S. census in two years. The U.S. Postal Service will send paper forms to households without internet access. Unsurprisingly, this endeavor will require rock-solid data about which households don鈥檛 have broadband access. However, if the Census Bureau were to go by the FCC鈥檚 broadband maps, it would likely fail to identify millions of Americans. A faulty census would, in turn, warp, even undermine, a variety of important activities that rely on census data, such as Congressional reapportionment, allocating federal funding, and billion-dollar business activities and research. In a similar vein, failure to identify areas that lack broadband access to communities and carriers in those areas failing to get the federal funding necessary to help boost deployment.

So, where does the FCC get its information鈥攁nd how can it do so in a way that鈥檚 helpful?

The FCC currently relies on internet service providers to give broadband information through something called Form 477. This reporting requirement offers the FCC consistent data from ISPs of all types (distinguishing it from the aforementioned Form 325 cable operator requirements) about where the companies deploy broadband, and at what speeds. But on top of the fact that Form 477 comes with significant flaws that distort the reality of broadband availability and deployment, ISPs report their deployment figures to the FCC by census tract, with two large caveats.

First, to deem a census tract 鈥渟erved,鈥 the ISP need only deploy broadband to one household or location in that census tract. This loophole can lead to particularly overstated deployment figures in rural areas, where census tracts tend to be much larger. A large rural tract will show up as 鈥渟erved鈥 despite the fact that only one person in that tract actually has service. Second, ISPs are only required to report broadband speeds that they could potentially provide to a certain area, not the speeds that are actually experienced by consumers there.

These substantial blotches in the FCC鈥檚 methodology have resulted in inaccuracies in the past, and Form 477 data has been proven to be outright wrong in several cases. For instance, after the FCC released its 2018 Broadband Deployment Report, based on Form 477 data, the chairman of West Virginia鈥檚 broadband council that the FCC鈥檚 statistics for West Virginians with access to broadband were 鈥渘ot even close to being correct.鈥 Similarly, a small rural housing development in North Carolina recently the FCC that AT&T reports that it delivers broadband at certain speeds through Form 477, but that 鈥渧irtually no one鈥 there actually receives those speeds. The FCC uses the data from this form as the basis for an of broadband access across the country. However, due to the flaws of Form 477, the FCC鈥檚 map has been found to available at certain addresses, and in some cases available to consumers in certain areas.

This isn鈥檛 to suggest that this kind of industry data can鈥檛 be of any value in broadband assessments, but it also shouldn鈥檛 be the only source of information. Frustratingly, the FCC has acknowledged that relying solely on ISPs鈥 own reports can lead to overstated broadband deployment statistics鈥攂ut it continues to use the same procedure, anyway.

Looking ahead, the best way for the FCC to fact-check ISPs鈥 reports is to supplement that data with broadband performance data. Including performance information would help develop a solid understanding of the consumer side of broadband access, and to check if consumers are actually receiving the services ISPs claim they provide.

The FCC should also collect data on how much broadband really costs for Americans across the country. Excessive cost serves as one of the biggest鈥攊f not 鈥攂arrier to broadband adoption for Americans. And yet, despite this reality, the FCC has no real understanding of how much ISPs charge for broadband and how those patterns have developed in different areas and over time.

Further, the FCC needs to clarify, through its Form 477 reporting requirements, that a census block shouldn鈥檛 be considered 鈥渟erved鈥 unless it鈥檚 truly served. One or a few households with high-speed broadband shouldn鈥檛 result in the FCC deeming an entire census block as served, especially when residents there testify that it鈥檚 not.

As the expert telecommunications agency, the FCC鈥檚 review ought to be the go-to place for researchers and other federal agencies to find out who is and isn鈥檛 connected to the high-speed internet access so often needed today. But it can only do that if it knows where鈥攁nd how鈥攖o look for the right data.

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Amir Nasr
Amir Nasr

Policy Analyst, Open Technology Institute

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The FCC’s Approach to Data Is (Still) a Disaster