Proposed Rule2022-11193
Broadband Data Task Force, Wireless Telecommunications Bureau, Wireline Competition Bureau, and Office of Economics and Analytics Seek Comment on Competitive Carriers Association Petition for Declaratory Ruling or Limited Waiver Regarding the Requirement for a Certified Professional Engineer To Certify Broadband Data Collection Maps
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 25, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Broadband Data Task Force (BDTF), Wireless Telecommunications Bureau (WTB), the Wireline Competition Bureau (WCB), and the Office of Economics and Analytics (OEA) seek comment on a Petition for Declaratory Ruling or Limited Waiver filed by the Competitive Carriers Association (CCA) requesting that the Commission issue a declaratory ruling to clarify that Broadband Data Collection (BDC) filings may be certified by a qualified professional engineer or an otherwise-qualified engineer that is not a licensed professional engineer accredited by a state licensure board.
Full Text
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<title>Federal Register, Volume 87 Issue 101 (Wednesday, May 25, 2022)</title>
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[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Proposed Rules]
[Pages 31833-31834]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11193]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WC Docket No. 19-195, DA 22-543; FR ID 88208]
Broadband Data Task Force, Wireless Telecommunications Bureau,
Wireline Competition Bureau, and Office of Economics and Analytics Seek
Comment on Competitive Carriers Association Petition for Declaratory
Ruling or Limited Waiver Regarding the Requirement for a Certified
Professional Engineer To Certify Broadband Data Collection Maps
AGENCY: Federal Communications Commission.
ACTION: Petition for Declaratory Ruling and Limited Waiver; request for
comments.
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SUMMARY: In this document, the Broadband Data Task Force (BDTF),
Wireless Telecommunications Bureau (WTB), the Wireline Competition
Bureau (WCB), and the Office of Economics and Analytics (OEA) seek
comment on a Petition for Declaratory Ruling or Limited Waiver filed by
the Competitive Carriers Association (CCA) requesting that the
Commission issue a declaratory ruling to clarify that Broadband Data
Collection (BDC) filings may be certified by a qualified professional
engineer or an otherwise-qualified engineer that is not a licensed
professional engineer accredited by a state licensure board.
DATES: Comments are due on or before June 8, 2022. Reply Comments are
due on or before June 15, 2022.
ADDRESSES: You may submit comments, identified by WC Docket No. 19-195,
by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19.
People with Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#781e1b1b4d484c381e1b1b561f170e"><span class="__cf_email__" data-cfemail="1b7d78782e2b2f5b7d7878357c746d">[email protected]</span></a> or call the
Consumer & Government Affairs Bureau at 202-418-0530 (voice, 202-418-
0432 (tty).
FOR FURTHER INFORMATION CONTACT: Will Holloway,
<a href="/cdn-cgi/l/email-protection#45122c29292c24286b0d2a29292a32243c052326266b222a33"><span class="__cf_email__" data-cfemail="89dee0e5e5e0e8e4a7c1e6e5e5e6fee8f0c9efeaeaa7eee6ff">[email protected]</span></a>, Wireless Telecommunications Bureau, or Kirk
Burgee, <a href="/cdn-cgi/l/email-protection#9ed5f7ecf5b0dcebecf9fbfbdef8fdfdb0f9f1e8"><span class="__cf_email__" data-cfemail="7833110a13563a0d0a1f1d1d381e1b1b561f170e">[email protected]</span></a>, Wireline Competition Bureau.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice in WC Docket No 19-195, DA 22-543, released on May 17, 2022. The
full text of this document is available for public inspection and can
be downloaded at <a href="https://www.fcc.gov/document/bdtf-wtb-wcb-and-oea-seek-comment-petition-filed-cca">https://www.fcc.gov/document/bdtf-wtb-wcb-and-oea-seek-comment-petition-filed-cca</a> or by using the Commission's ECFS web
page at <a href="http://www.fcc.gov/ecfs">www.fcc.gov/ecfs</a>.
Ex Parte Rules
This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline
applicable to the Sunshine period applies). Persons making oral ex
parte presentations are reminded that memoranda summarizing the
presentation must: (1) List all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made; and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda, or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments,
[[Page 31834]]
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with Sec. 1.1206(b)
of the Commission's rules. In proceedings governed by Sec. 1.49(f) of
the rules or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml., .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Synopsis
On May 13, 2022, the Competitive Carriers Association (CCA) filed a
Petition for Declaratory Ruling or Limited Waiver asking the Commission
to clarify that Broadband Data Collection (BDC) filings may be
certified by a qualified professional engineer or an otherwise-
qualified engineer that is not a licensed professional engineer
accredited by a state licensure board. The Commission's rules require
that an engineer review and certify the accuracy of the broadband
availability data submitted by mobile and fixed providers as part of
the BDC. In particular, the Commission requires each mobile and fixed
service provider to include certifications as to the accuracy of its
data submissions by a certified professional engineer or corporate
engineering officer, in which the engineer certifies ``that he or she
has examined the information contained in the submission and that, to
the best of the engineer's actual knowledge, information, and belief,
all statements of fact contained in the submission are true and correct
and in accordance with the service provider's ordinary course of
network design and engineering.'' This certification is in addition to
the corporate officer certification required by the Broadband DATA Act.
For government and other third-party entities that submit verified
broadband availability data, the engineering certification must also
include a certification by a certified professional engineer that he or
she is employed by the government or other third-party entity
submitting the verified broadband availability data and has direct
knowledge of, or responsibility for, the generation of the government
or other entity's Broadband Data Collection coverage maps.
In its petition, CCA asserts that the ``experience and expertise
developed by [Radio Frequency (RF)] engineers through their work
provides comprehensive skills relevant to broadband deployment [and]
provides skills comparable to, and perhaps more relevant than, general
licensure through the PE . . . exam process.'' CCA therefore requests
that the Commission clarify that the requirement in 47 CFR 1.7004(d)
that all providers must include as part of their BDC filing a
certification of the accuracy of its submissions by a certified
professional engineer may be completed by either a licensed
professional engineer or an otherwise qualified engineer who possesses
the appropriate engineering expertise but does not hold a professional
engineer license. Additionally, CCA requests that the Commission
clarify that the term ``corporate engineering officer'' may be any
employee who has ``direct knowledge'' and is ``responsible for'' the
carrier's network design and construction and who possesses a Bachelor
of Science degree in Engineering. Alternatively, CCA requests a limited
waiver of the requirement that BDC data be certified by a licensed
professional engineer, and instead allow mobile providers to certify
their data with an RF engineering professional with specified
qualifications that are directly relevant to broadband availability
assessment. CCA recommends that if the Commission seeks to specify
qualification standards or requirements for engineers to certify
broadband availability, it should adopt standards that specifically
relate to broadband availability assessment, such as academic and
employment experience, RF and propagation modeling experience, and
knowledge relevant to wireless carriers' networks.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2022-11193 Filed 5-24-22; 8:45 am]
BILLING CODE 6712-01-P
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