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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-349
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MAPPING ACCURACY PROMOTES SERVICES ACT
_______
December 16, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 4227]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 4227) to prohibit the submission to the Federal
Communications Commission of broadband internet access service
coverage information or data for the purposes of compiling an
inaccurate broadband coverage map, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for Legislation..............................2
III. Committee Hearings...............................................2
IV. Committee Consideration..........................................3
V. Committee Votes..................................................3
VI. Oversight Findings...............................................3
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures3
VIII.Federal Mandates Statement.......................................3
IX. Statement of General Performance Goals and Objectives............4
X. Duplication of Federal Programs..................................4
XI. Committee Cost Estimate..........................................4
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......4
XIII.Advisory Committee Statement.....................................4
XIV. Applicability to Legislative Branch..............................4
XV. Section-by-Section Analysis of the Legislation...................4
XVI. Changes in Existing Law Made by the Bill, as Reported............5
I. PURPOSE AND SUMMARY
H.R. 4227, the Mapping Accuracy Promotes Services Act'' or
``MAPS Act'', was introduced on September 6, 2019, by Reps.
McEachin (D-VA), Long (R-MO), Loebsack (D-IA), and Latta (R-
OH), and referred to the Committee on Energy and Commerce. To
ensure that the Federal Communications Commission (FCC or
Commission) and the public have access to accurate and granular
information regarding the availability of broadband, the MAPS
Act specifies that it is unlawful for a person to willfully,
knowingly, or recklessly submit inaccurate information about
the availability or quality of service of broadband.
II. BACKGROUND AND NEED FOR LEGISLATION
The FCC began collecting subscription and connection data
for broadband and telephone service using Form 477 in 2000.\1\
Since then, these data have become the primary source for many
FCC actions, including its publication of statutorily mandated
reports to Congress regarding competition among certain service
providers, and the availability of advanced communications
capability.\2\ The FCC has also used these data to update its
universal service policies, including by excluding certain
areas from receiving support.\3\
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\1\See Federal Communications Commission, Establishing the Digital
Opportunity Data Collection, Modernizing the FCC Form 477 Data Program,
Report and Order and Second Notice of Proposed Rulemaking, WC Docket
No. 19-195 and WC Docket No. 11-10, at para.5 (rel. Aug. 6, 2019)
(hereinafter ``FCC Broadband Mapping Order'').
\2\Id.
\3\Id. at para.8.
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In recent years, the FCC's efforts at mapping the
availability of broadband internet access service have been
widely criticized. A key part of the failures of the
Commission's mapping process relates to inaccurately submitted
data. In December of 2018, the FCC opened an investigation into
whether one or more major carriers violated the Mobility Fund
Phase II reverse auction's mapping rules by submitting
inaccurate mapping data,\4\ and in May of 2019, one company
erroneously claimed to be serving millions more people than it
was in fact serving.\5\
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\4\Federal Communications Commission, FCC Launches Investigation
into Potential Violations of Mobility Fund Phase II Mapping Rules,
Press Release (Dec. 7, 2018).
\5\Federal Communications Commission, Inquiry Concerning Deployment
of Advanced Telecommunications Capability to All Americans in a
Reasonable and Timely Fashion, Statement of Commissioner Geoffrey
Starks, GN Docket No. 18-238, at 327 (rel. May 29, 2019).
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III. COMMITTEE HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearing was used to develop or
consider H.R. 4227:
The Subcommittee on Communications and Technology held a
legislative hearing on September 11, 2019, entitled
``Legislating to Connect America: Improving the Nation's
Broadband Maps.'' The Subcommittee received testimony from the
following witnesses:
James M. Assey, Executive Vice President,
NCTA--The Internet & Television Association;
Shirley Bloomfield, Chief Executive Officer,
NTCA--The Rural Broadband Association;
Dana J. Floberg, Policy Manager, Free Press
& Free Press Action;
Jonathan Spalter, President and CEO, US
Telecom Association;
Grant Spellmeyer, Vice President, Federal
Affairs & Public Policy, U.S. Cellular; and
James W. Stegeman, President/CEO, CostQuest
Associates.
IV. COMMITTEE CONSIDERATION
H.R. 4227, the ``Mapping Accuracy Promotes Services Act''
or ``MAPS Act'', was introduced on September 6, 2019, by Reps.
McEachin (D-VA), Long (R-MO), Loebsack (D-IA), and Latta (R-
OH), and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on
Communications and Technology on September 7, 2019. Following a
legislative hearing, on November 14, 2019, the Subcommittee met
in open markup session, pursuant to notice, for consideration
of H.R. 4227. No amendments were offered during Subcommittee
consideration. Subsequently, the Subcommittee on Communications
and Technology agreed to a motion by Mr. Doyle, Chairman of the
subcommittee, to forward H.R. 4227 favorably to the full
Committee, without amendment, by voice vote.
On November 20, 2019, the full Committee on Energy and
Commerce met in open markup session, pursuant to notice, to
consider H.R. 4227. During consideration of the bill, no
amendments were offered. Subsequently, the full Committee
agreed to a motion by Mr. Pallone, Chairman of the committee,
to order H.R. 4227 reported favorably to the House, without
amendment, by a voice vote, a quorum being present.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were no record votes taken on H.R.
4227, including the motion on final passage by Mr. Pallone on
the bill.
VI. OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the committee are
reflected in the descriptive portion of the report.
VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
VIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to make it
unlawful for any person to submit inaccurate broadband
availability or quality of service data willfully, knowingly,
or recklessly.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 4227 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 4227 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. ADVISORY COMMITTEE STATEMENT
The legislation does not create any new Federal advisory
committee within the meaning of section 5(b) of the Federal
Advisory Committee Act.
XIV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Mapping Accuracy Promotes Services Act'' or ``MAPS Act''.
Sec. 2. Definitions
Section 2 provides definitions for the terms ``broadband
internet access service'', ``Commission'', ``provider'', and
``quality of service''.
Sec. 3. Enforcement
Section 3 specifies that it is unlawful for a person to
willfully, knowingly, or recklessly submit inaccurate
information about the availability or quality of service of
broadband. The Committee recognizes that information and data
submitted by providers may contain minor mistakes. Therefore,
the standard set forth in this provision, including the word
``recklessly'', is not intended to apply to providers who
submit information that contains unintentional errors, minor
mistakes, small omissions, and small overstatements. Instead,
the focus is on materially inaccurate information that will
have a significant impact on the Commission's collection and
use of the information and data under this Act.
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H.R.
4227.
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