§  1.7006   Data verification.

   (a) Audits. The Commission shall conduct regular audits of the
   information submitted by providers in their Digital Opportunity Data
   Collection filings. The audits:

   (1) May be random, as determined by the Commission; or

   (2) Can be required in cases where there may be patterns of filing
   incorrect information, as determined by the Commission.

   (b) Crowdsourcing process. Entities or individuals may submit in the
   Commission's online portal specific information regarding the
   deployment and availability of broadband internet access service so
   that it may be used to verify and supplement information submitted by
   providers for potential inclusion in the coverage maps.

   (1) Crowdsourced data filers shall provide:

   (i) Contact information of the filer (e.g., name, address, phone
   number, and email);

   (ii) The location that is the subject of the filing, including the
   street address and/or coordinates (latitude and longitude) of the
   location;

   (iii) The name of the provider;

   (iv) Any relevant details disputing the deployment and availability of
   broadband internet access service at the location; and

   (v) A certification that to the best of the filer's actual knowledge,
   information, and belief, all statements in the filing are true and
   correct.

   (2) The online portal shall notify a provider of a crowdsourced data
   filing against it, but a provider is not required to respond to a
   crowdsourced data filing.

   (3) If, as a result of a crowdsourced data filing, the Commission
   determines that a provider's Digital Opportunity Data Collection
   information is not accurate, then the provider shall refile updated and
   corrected data information within 30 days of agreeing with the
   Commission's determination. Providers are allowed to bundle multiple
   crowdsourced corrections into one filing during a 30-day period.

   (4) All information submitted as part of the crowdsourcing process
   shall be made public, with the exception of personally identifiable
   information and any data required to be confidential under § 0.457 of
   this chapter.

   (c) Mobile service verification process for mobile providers. Mobile
   service providers shall submit either infrastructure information or
   on-the-ground test data in response to a request by Commission staff as
   part of their inquiry to independently verify the accuracy of the
   mobile provider's coverage propagation models and maps. In addition to
   submitting either on-the-ground data or infrastructure data, a provider
   may also submit data collected from transmitter monitoring software. A
   provider must submit its data, in the case of both infrastructure
   information and on-the-ground data, within 60 days of receiving a
   Commission staff request. Regarding on-the-ground data, a provider must
   submit evidence of network performance based on a sample of
   on-the-ground tests that is statistically appropriate for the area
   tested.

   (d) Fixed service challenge process. State, local, and Tribal
   governmental entities, consumers, and other entities or individuals may
   submit data in an online portal to challenge the accuracy of the
   coverage maps at a particular location, any information submitted by a
   provider regarding the availability of broadband internet access
   service, or the Fabric.

   (1) Challengers must provide in their submissions:

   (i) Name and contact information (e.g., address, phone number, email);

   (ii) The street address or geographic coordinates (latitude/longitude)
   of the location(s) at which broadband internet access service coverage
   is being challenged;

   (iii) Name of provider whose reported coverage information is being
   challenged;

   (iv) Category of dispute, selected from pre-established options on the
   portal;

   (v) For consumers challenging availability data or the coverage maps,
   evidence and details of a request for service (or attempted request for
   service), including the date, method, and content of the request and
   details of the response from the provider, or evidence showing no
   availability at the disputed location (e.g., screen shot, emails);

   (vi) For government or other entities, evidence and details about the
   dispute, including: (A) The challenger's methodology, (B) the basis for
   determinations underlying the challenge, and (C) communications with
   provider, if any, and outcome;

   (vii) For challengers disputing locations in the Broadband Location
   Fabric, details and evidence about the disputed location;

   (viii) For customer or potential customer availability or coverage map
   challengers, a representation that the challenger resides or does
   business at the location of the dispute or is authorized to request
   service there; and

   (ix) A certification from an individual or an authorized officer or
   signatory of a challenger that the person examined the information
   contained in the challenge and that, to the best of the person's actual
   knowledge, information, and belief, all statements of fact contained in
   the challenge are true and correct.

   (2) The online portal shall alert a provider if there has been a
   challenge with all required elements submitted against it.

   (3) For availability and coverage map challenges, within 60 days of
   receiving an alert, a provider shall reply in the portal by:

   (i) Accepting the allegation(s) raised by the challenger, in which case
   the provider shall submit a correction for the challenged location in
   the online portal within 30 days of its portal reply; or

   (ii) Denying the allegation(s) raised by the challenger, in which the
   case the provider shall provide evidence, in the online portal and to
   the challenger, that the provider serves (or could and is willing to
   serve) the challenged location. If the provider denies the
   allegation(s) raised by the challenger, then the provider and the
   challenger shall have 60 days after the provider submits its reply to
   attempt to resolve the challenge.

   (4) A provider's failure to respond to a challenge to its reported
   coverage data within the applicable timeframes shall result in a
   finding against the provider, resulting in mandatory corrections to the
   provider's Digital Opportunity Data Collection information to conform
   to the challenge. Providers shall submit any such corrections within 30
   days of the missed reply deadline or the Commission will make the
   corrections on its own and incorporate such change into the coverage
   maps.

   (5) Once a challenge containing all the required elements is submitted
   in the online portal, the location shall be identified on the coverage
   maps as “in dispute/pending resolution.”

   (6) If the parties are unable to reach consensus within 60 days after
   submission of the provider's reply in the portal, then the affected
   provider shall report the status of efforts to resolve the challenge in
   the online portal, after which the Commission, will review the evidence
   and make a determination, either:

   (i) In favor of the challenger, in which case the provider shall update
   its Digital Opportunity Data Collection information within 30 days of
   the decision; or

   (ii) In favor of the provider, in which case the location will no
   longer be subject to the “in dispute/pending resolution” designation on
   the coverage maps.

   (7) In consumer challenges to availability and coverage map data, a
   consumer's challenge must make an initial showing, by a preponderance
   of the evidence, that a provider's data are inaccurate; a provider must
   then provide evidence showing, by a preponderance of the evidence, that
   its reported data are accurate.

   (8) In challenges to availability and coverage data by governmental
   (State, local, Tribal), or other entities, the challenger must make a
   detailed, clear and methodologically sound showing, by clear and
   convincing evidence, that a provider's data are inaccurate.

   (9) For challenges to the Fabric, after a challenge has been filed
   containing the required information in paragraph (d)(1) of this
   section, the provider will receive a notice of the challenge from the
   online portal and can respond to the challenge in the online portal,
   but is not required to do so, and the Commission shall seek to resolve
   such challenges within 60 days of receiving the challenge filing in the
   online portal.

   (10) Government entities or other entities may file challenges at
   multiple locations in a single challenge, but each challenge must
   contain all of the requirements set forth in (d)(1) of this section.

   (11) The Commission shall make public information about the location
   that is the subject of the challenge (including the street address
   and/or coordinates (latitude and longitude)), the name of the provider,
   and any relevant details concerning the basis for the challenge.

   (e) Mobile service challenge process for consumers. Consumers may
   submit data to challenge the accuracy of mobile broadband coverage
   maps. Consumers may challenge mobile coverage data based on lack of
   service or on poor service quality such as slow delivered user speed.

   (1) Consumer challengers must provide in their submissions:

   (i) Name and contact information (e.g., address, phone number, and/or
   email address);

   (ii) The name of the provider being challenged;

   (iii) Speed test data. Consumers must take all speed tests outdoors.
   Consumers shall indicate whether each test was taken in an in-vehicle
   mobile or outdoor pedestrian environment. Consumers must use a speed
   test application that has been designated by Office of Engineering and
   Technology, in consultation with Office of Economics and Analytics and
   the Wireless Telecommunications Bureau, for use in the challenge
   process;

   (iv) A certification that the challenger is a subscriber or authorized
   user of the provider being challenged;

   (iv) A certification that the speed test measurements were taken
   outdoors; and

   (v) A certification that, to the best of the person's actual knowledge,
   information, and belief, the handset and the speed test application are
   in ordinary working order and all statements of fact contained in the
   submission are true and correct.

   (2) The Office of Economics and Analytics, in consultation with the
   Wireless Telecommunications Bureau, will determine the threshold number
   of mobile consumer challenges within a specified area that will
   constitute a cognizable challenge that triggers the obligation for a
   provider to respond.

   (3) For areas with a cognizable challenge, providers either must submit
   a rebuttal to the challenge within a 60-day period of being notified of
   the challenge or concede and have the challenged area identified on the
   mobile coverage map as an area that lacks sufficient service.

   (4) To dispute a challenge, a mobile service provider must submit
   on-the-ground test data or infrastructure data to verify its coverage
   map(s) in the challenged area. The Office of Economics and Analytics
   and the Wireless Telecommunications Bureau will develop the specific
   requirements and methodologies that providers must use in conducting
   on-the-ground testing and in providing infrastructure data. To the
   extent that a service provider believes it would be helpful to the
   Commission in resolving a challenge, it may choose to submit other data
   in addition to the data initially required, including but not limited
   to either infrastructure or on-the-ground testing (to the extent such
   data are not the primary option chosen by the provider) or other types
   of data such as data collected from network transmitter monitoring
   systems or software, or spectrum band-specific coverage maps. Such
   other data must be submitted at the same time as the primary
   on-the-ground testing or infrastructure rebuttal data submitted by the
   provider. If needed to ensure an adequate review, the Office of
   Economics and Analytics may also require that the provider submit other
   data in addition to the data initially submitted, including but not
   limited to either infrastructure or on-the-ground testing data (to the
   extent not the option initially chosen by the provider) or data
   collected from network transmitter monitoring systems or software (to
   the extent available in the provider's network).

   (5) If a mobile service provider that has failed to rebut a challenge
   subsequently takes remedial action to improve coverage at the location
   of the challenge, the provider must notify the Commission of the
   actions it has taken to improve its coverage and provide either
   on-the-ground test data or infrastructure data to verify its improved
   coverage.

   (6) In cases where a mobile service provider concedes or loses a
   challenge, the provider must file, within 30 days, geospatial data
   depicting the challenged area that has been shown to lack sufficient
   service. Such data will constitute a correction layer to the provider's
   original propagation model-based coverage map, and Commission staff
   will use this layer to update the broadband coverage map. In addition,
   to the extent that a provider does not later improve coverage for the
   relevant technology in an area where it conceded or lost a challenge,
   it must include this correction layer in its subsequent Digital
   Opportunity Data Collection filings to indicate the areas shown to lack
   service.

   (f) Mobile service challenge process for State, local, and Tribal
   governmental entities; and other entities or individuals. State, local,
   and Tribal governmental entities and other entities or individuals may
   submit data to challenge accuracy of mobile broadband coverage maps.
   They may challenge mobile coverage data based on lack or service or
   poor service quality such as slow delivered user speed.

   (1) State, local, and Tribal governmental entities and other entity or
   individual challengers must provide in their submissions:

   (i) Government and other entity challengers may use their own software
   to collect data for the challenge process. When they submit their data,
   however, it must contain the following metrics for each test:

   (A) The geographic coordinates of the test(s) (i.e.,
   latitude/longitude);

   (B) The name of the service provider being tested;

   (C) The consumer-grade device type(s), brand/model, and operating
   system used for the test;

   (D) The download and upload speeds;

   (E) The latency data;

   (F) The date and time of the test;

   (G) Whether the test was taken in an in-vehicle mobile or outdoor,
   pedestrian stationary environment, and if mobile, whether the test was
   conducted with the antenna outside of the vehicle;

   (H) For an in-vehicle test, the vehicle speed the vehicle was traveling
   when the test was taken, if available;

   (I) The signal strength, if available;

   (J) An indication of whether the test failed to establish a connection
   with a mobile network at the time and place it was initiated;

   (K) The network technology (e.g., LTE, 5G) and spectrum band(s) used
   for the test; and

   (L) The location of the server to which the test connected;

   (ii) A complete description of the methodology(ies) used to collect
   their data; and

   (iii) Challengers must substantiate their data through the
   certification of a qualified engineer or official.

   (2) Challengers must conduct speed tests using a device advertised by
   the challenged service provider as compatible with its network and must
   take all speed tests outdoors.

   (3) The Office of Economics and Analytics, in consultation with the
   Wireless Telecommunications Bureau, will determine the threshold number
   of challenges within a specified area that will constitute a cognizable
   challenge that triggers the obligation for a provider to respond.

   (4) For areas with a cognizable challenge, providers either must submit
   a rebuttal to the challenge within a 60-day period of being notified of
   the challenge or concede and have the challenged area identified on the
   mobile coverage map as an area that lacks sufficient service.

   (5) To dispute a challenge, a mobile service provider must submit
   on-the-ground test data or infrastructure data to verify its coverage
   map(s) in the challenged area. The Office of Economics and Analytics
   and the Wireless Telecommunications Bureau will develop the specific
   requirements and methodologies that providers must use in conducting
   on-the-ground testing and in providing infrastructure data. To the
   extent that a service provider believes it would be helpful to the
   Commission in resolving a challenge, it may choose to submit other data
   in addition to the data initially required, including but not limited
   to either infrastructure or on-the-ground testing (to the extent such
   data are not the primary option chosen by the provider) or other types
   of data such as data collected from network transmitter monitoring
   systems or software or spectrum band-specific coverage maps. Such other
   data must be submitted at the same time as the primary on-the-ground
   testing or infrastructure rebuttal data submitted by the provider. If
   needed to ensure an adequate review, the Office of Economics and
   Analytics may also require that the provider submit other data in
   addition to the data initially submitted, including but not limited to
   either infrastructure or on-the-ground testing data (to the extent not
   the option initially chosen by the provider) or data collected from
   network transmitter monitoring systems or software (to the extent
   available in the provider's network).

   (6) If a provider that has failed to rebut a challenge subsequently
   takes remedial action to improve coverage at the location of the
   challenge, the provider must notify the Commission of the actions it
   has taken to improve its coverage and provide either on-the-ground test
   data or infrastructure data to verify its improved coverage.

   (7) In cases where a mobile service provider concedes or loses a
   challenge, the provider must file, within 30 days, geospatial data
   depicting the challenged area that has been shown to lack service. Such
   data will constitute a correction layer to the provider's original
   propagation model-based coverage map, and Commission staff will use
   this layer to update the broadband coverage map. In addition, to the
   extent that a provider does not later improve coverage for the relevant
   technology in an area where it conceded or lost a challenge, it must
   include this correction layer in its subsequent Digital Opportunity
   Data Collection filings to indicate the areas shown to lack service.

   [ 85 FR 50907 , Aug. 18, 2020, as amended at  86 FR 18160 , Apr. 7, 2021]