Proposed Rule2023-17957
Comment Sought on Petition for Extension of Waiver of the Requirement for a Certified Professional Engineer To Certify Broadband Data Collection Availability Data
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
August 22, 2023
Issuing agencies
Federal Communications Commission
Abstract
The Broadband Data Task Force, Wireless Telecommunications Bureau, Wireline Competition Bureau, and the Office of Economics and Analytics (Bureaus), seeks comment on a Petition for Extension of Waiver (Petition) requesting that the Bureaus renew for an additional three filing cycles the BDC Limited Waiver.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 161 (Tuesday, August 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Pages 57030-57031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17957]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WC Docket No. 19-195; DA 23-688; FR ID 164681]
Comment Sought on Petition for Extension of Waiver of the
Requirement for a Certified Professional Engineer To Certify Broadband
Data Collection Availability Data
AGENCY: Federal Communications Commission.
ACTION: Petition for extension of waiver; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Broadband Data Task Force, Wireless Telecommunications
Bureau, Wireline Competition Bureau, and the Office of Economics and
Analytics (Bureaus), seeks comment on a Petition for Extension of
Waiver (Petition) requesting that the Bureaus renew for an additional
three filing cycles the BDC Limited Waiver.
DATES: Comments are due on or before September 1, 2023, and reply
comments are due on or before September 11, 2023.
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 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.
<bullet> 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. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, 35 FCC Rcd 2788, 2788-89 (OS 2020).
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#8fe9ececbabfbbcfe9ececa1e8e0f9"><span class="__cf_email__" data-cfemail="197f7a7a2c292d597f7a7a377e766f">[email protected]</span></a> or call the
Consumer & Government Affairs Bureau at (202) 418-0530.
FOR FURTHER INFORMATION CONTACT: For further information, please
contact, Will Holloway, Broadband Data Task Force, at
<a href="/cdn-cgi/l/email-protection#4a1d232626232b276402252626253d2b330a2c2929642d253c"><span class="__cf_email__" data-cfemail="93c4fafffffaf2febddbfcfffffce4f2ead3f5f0f0bdf4fce5">[email protected]</span></a> or (202) 418-2334.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice in WC Docket No. 19-195, released on August 11, 2023. Due to the
COVID-19 pandemic, the Commission's headquarters will be closed to the
general public until further notice. The full text of this document is
available at the following internet address: <a href="https://www.fcc.gov/document/comments-sought-petition-waiver-engineering-certification">https://www.fcc.gov/document/comments-sought-petition-waiver-engineering-certification</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
presenters 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, 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
1. The Bureaus seek comment on a Petition filed by the Competitive
Carriers Association (CCA) and USTelecom--The Broadband Association
(USTelecom and, together with CCA, Petitioners). Petitioners request
that the Bureaus renew for an additional three filing cycles the BDC
Limited Waiver, which temporarily waives the requirement that Broadband
Data Collections (BDC) filings be verified by a licensed Professional
Engineer (PE), thus allowing BDC submissions to be certified by an
otherwise qualified engineer who does not hold the PE credential.
2. The Commission's rules require that a certified PE or a
corporate engineering officer review and certify the accuracy of the
broadband availability data submitted by mobile and fixed providers as
part of the BDC. This requirement was adopted to ensure
[[Page 57031]]
that filers have engaged in the analysis necessary to meet Congress's
objective of developing more accurate broadband coverage data. 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 PE 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 and the
Commission's Second Order and Third Further Notice, 86 FR 18124, April
7, 2021.
3. In the July 2022 BDC Limited Waiver, the Bureaus found that
granting a limited waiver of the rule was ``consistent with the policy
objectives of the rule because providers will still be required, under
the terms of the limited waiver the Commission adopted, to have an
engineer review and certify their BDC submissions to help ensure the
accuracy of the broadband data they submit'' and that the limited
waiver ``only modifies the engineering certification requirement to
allow providers to use otherwise-qualified engineers who are not
certified PEs to make the required certifications.''
4. Petitioners assert that the ``BDC process under the waiver has
been effective, with no impact to the quality or accuracy of the BDC
filings, and there remains an ongoing industry need for a waiver of the
PE requirement.'' The Petition says the industry, particularly smaller
providers, is still experiencing hardships regarding the scarcity of PE
licensure in the workforce and continues to face ``significant
challenges'' meeting the PE certification requirement. The Petition
also asserts that broadband providers can provide accurate broadband
data without certification by licensed PEs. Petitioners therefore
request that the Commission renew or extend the BDC Limited Waiver, or
otherwise grant a new waiver, of the requirement that BDC certification
be completed by a licensed PE for three additional data filing cycles
and continue to allow providers that do not have access to licensed PEs
to certify data with an engineering professional with the same
qualifications specified in the BDC Limited Waiver.
5. The Commission seeks comment on these and other issues raised by
the Petition as they may impact both fixed and mobile broadband service
providers.
Federal Communications Commission.
Amy Brett,
Chief of Staff Wireless Telecommunications Bureau.
[FR Doc. 2023-17957 Filed 8-21-23; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 22, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.