Tag: Regulatory

A lot of energy has been expended in the last several months to dispute the FCC National Broadband Map. The focus has been on two primary issues:

• The first is a disagreement about the number of broadband service locations (BSLs) that exist in each state. Only residential buildings are eligible and many multi-dwelling units (MDUs) are considered a single location.
• The second issue regards how many of those locations do not have access to broadband service. Those with throughput speeds less than 25 Mbps download and 3 Mbps upload are considered unserved. Locations served with speeds less than 100 down and 20 up are considered underserved.

These counts are important because the number of total locations and unserved locations in each state will define how much funding each state receives of the over $42 billion available through the Broadband, Equity, Access and Deployment Program (BEAD).

The Infrastructure Investment and Jobs Act (IIJA) that established this program was bipartisan, and so is the concern over the current state of the map. The deadline to challenge the accuracy of these location counts passed in January, but many state broadband offices and the legislators that represent them have made it clear they were unhappy with the process. Some of them felt that there was simply not enough time to analyze the data after gaining access to it.

New legislation proposed to “fix” the map

The demand to fix the map became increasingly serious on Friday, March 31, 2023, as Senators Jacky Rosen (D-NV) and John Thune (R-SD) introduced the “Accurate Map for Broadband Investment Act.” Calling the current map “deeply flawed,” the bill aims to provide additional time to challenge the number of BSLs as well as which ones are considered unserved or underserved.

Everyone expects the FCC map to forever be a work in progress as communities grow and networks expand. It has already improved from its first release and it will continue to get better. As we approach a moment in time that will divide up a finite funding pool, accuracy on the metrics has real monetary consequences. Once allocations are made, it will be up to NTIA to work with each state to fund broadband infrastructure projects and connect communities. However, the dollars each state has to work with won’t change.

The newly proposed legislation would add seven more months to the challenge process for states and other interested parties to dispute the map’s accuracy. To ensure that broadband projects aren’t brought to a complete halt, 20% of the funding would be made available on the original timetable, delaying assignment to states of the remaining funds while more scrutiny is applied to the underlying data.

Multiple bites at the apple

There are two agencies, not just one, that will impact which communities get broadband infrastructure assistance and how soon they get it. Up until now, providing input to the FCC for corrections to the map has been the primary focus. But NTIA will be responsible for working with each state broadband office to identify areas of need and approve project awards. These plans will certainly evolve as new evidence is presented.

During the first phase of their mapping effort, the only significant challenges to the map the FCC accepted were for the number of broadband service locations and individual reports of availability not matching those reported by ISPs. There were certainly some individual challenges submitted, but many states were frustrated at the lack of public awareness and participation. Through NTIA, state offices were always going to get a second bite at the apple as far as getting funding to the right communities. Depending upon the outcome of the Rosen/Thune legislation, states may get an extra bite from the FCC apple as well.

Confusion over crowdsource data

The Commission defined a process for crowdsource data to be presented as evidence to support that reported service availability and performance was less than claimed. However, many filers have found this process unclear or difficult, notably in regard to the requirement that all submissions include Broadband Serviceable Location (BSL) identification numbers. To make this process even more difficult, the only file types accepted as additional evidence were formats that lacked geospatial awareness. In other words, they could not easily be imported into a mapping system.

As of late February, the FCC now accepts JSON files in addition to those formats already approved (PDF, DOC, DOCX, JPG and PNG). This new format can include columns for longitude and latitude, making it easier to include crowdsource data evidence, and has the added benefit of making analysis by the FCC significantly more efficient.

Multipurpose research

Crowdsource data evidence has multiple target audiences. The very same evidence developed to submit to the FCC can be used to work with NTIA during the next phase. NTIA is very familiar with how crowdsource data is employed to define “indicators of need,” and used data from Ookla^®, M-Lab, and Microsoft extensively to build their National Broadband Availability Map a couple of years ago.

These federal agencies have been the primary concern, but local interests will become very vocal as projects are chosen. Which communities receive grants and in what priority may be vigorously debated. ISPs that compete for expansion areas will need to prove a track record, and the states will need independent evidence on how well they are serving their existing customers. And those providers that stretched the truth on the level of service they actually provide will fight being overbuilt. States should be preparing for local challenges to their own decisions.

Crowdsource data provides the largest pool of evidence to understand the quality of service being delivered to a community. Hundreds of millions of tests across the country means that even less populated states have hundreds of thousands of points to analyze and better understand the availability and performance of each serving network.

How to support your claim with crowdsource data

Crowdsource data from Ookla Speedtest® measurements can easily be overlaid with FCC maps to produce the needed evidence that indicates where services don’t meet minimum broadband standards. Through crowdsource data submissions, broadband offices can dispute existing maps, advocate for federal funding eligibility, and assist federal officials in their mission to improve broadband availability and performance.

Below are some helpful tips for submitting crowdsource data for disputed areas in a format that can meet FCC requirements.

Step 1: Identify Broadband Serviceable Locations (BSLs)

As an example, we are going to focus on an area near Durango, Colorado — a mountainous area that is both difficult and expensive to cover. We start by looking at all of the BSLs represented in the FCC’s map within the area of interest for early 2023.

Step 2: Overlay FCC hexagon system with BSLs

Next, we overlay the BSLs with hexagons where the FCC defines broadband service as being available. The darker the hexagon, the more ISPs claiming to provide service in that area.

Step 3: Layer Speedtest data with FCC hexagon system and BSLs 

By layering Speedtest data from fixed terrestrial operators on top of the hexagons, we can see that Durango and Durango West have high test densities. There are many households packed closely together, making those areas more viable to justify the cost of building high-speed services to them from a purely economic standpoint. Location accuracy for most tests is under 100 meters, so tests will grid into bins measuring approximately 100² meters (this varies based upon latitude). If there are multiple tests within each bin, they will stack, and we are showing the fastest recorded speed on the top in this view. Speedtest measurements shown are for the four quarters (Q1-Q4, 2022) immediately previous to the published FCC data.

Step 4: Create clusters to see Speedtest data at scale within the FCC hexagon system

To get an idea of the actual volume of Speedtest data we’re looking at, we created a clustered version demonstrating where the number of tests are much greater. Some hexagons have 100+ tests, and a few hexagons have no tests, usually because there are fewer households.

Step 5: View Speedtest performance within the FCC hexagon system

Using that methodology, we can show how the aggregated test results appear within the hexagons defined by the FCC. The red hexagons (levels 8 and 9) demonstrate where the median speed is not meeting FCC minimum standards for broadband. This helps you get an idea of the overall experiences people are having, as well as the maximum speeds experienced in an area referencing the stacked tests previously shown.

Step 6: Create a polygon of Speedtest data with BSLs 

Next, create a polygon that surrounds the community or specific area of interest. Many ISPs have created polygons to capture all of the BSLs that fall within their territories for their service area and technology submissions. In our discussions with the FCC, staffers have suggested following a similar approach for crowdsource submissions.

Step 7: Export the polygon of BSLs as a CSV file

Next, export a CSV file of the locations that are within the polygon, including the Location ID, as directed in the instructions defined by the Broadband Data Task Force (BDTF). The entire FCC submission process has been built around identifying these location IDs for each BSL.

Step 8: Export the polygon of Speedtest data as a JSON file

Using the same polygon, select and export the Speedtest results as a JSON file, including speed and latency measurements, ISP names, timestamps, anonymized user ID, and source test ID.

Step 9: Submit the files to the FCC 

Submit the CSV file as well as the JSON file as additional evidence to the FCC along with any other documents supporting your dispute of the service availability, using one of the accepted file formats. This may include maps defining the area being disputed, documents from residents claiming inadequate or no service, and any other pertinent information.

Step 10: Be prepared to use the evidence to partner with NTIA

The FCC maps will ultimately define how many dollars go to NTIA to determine state funding. NTIA is preparing to use the same map fabric and BSL data as that used by the FCC. This will allow collaboration with all the above parties and will assist with reconciling the differences between the federal stakeholders. You can utilize this same data as you work with NTIA to demonstrate where you would like to focus funding as well as resolving local disputes on broadband availability.

Want to learn more? Watch our recent webinar

We hosted a webinar on March 30, 2023 titled “Using Crowdsource Broadband Data to Dispute FCC Maps”. In this webinar, a panel of experts came together to discuss common challenges in the mapping process and successful broadband mapping projects. Panelists included Jamie Hoffman, Program Manager at the West Virginia Department of Economic Development, Patrick Ryan, Senior Solution Engineer, Telecommunications at Esri, Tom Reid, President at Reid Consulting Group and me, Bryan Darr, VP of Government Affairs at Ookla.

You can watch the recording of the recent webinar here.

Students are returning to class as the school year begins, but in many areas it is not safe to return to the classroom. This means the massive and unprecedented shift to remote learning we saw in the early spring continues for many into the fall. Even where schools have chosen to reconvene in-person classes, the moment a case of COVID-19 is detected, students and faculty are pushed back out of the facility and into online learning. Eager to keep their 1.7 million students connected, education boards in cities and counties throughout the state of Georgia are outfitting school buses with hotspot devices. And they are using Cell Analytics^TM data from Ookla® to identify the best locations to position those buses to help remote learners.

The digital divide makes remote learning even harder for some families

Many families are simply not equipped to deal with remote learning. This is especially true in economically stressed households where children often do not have the equipment or connectivity necessary to participate in virtual classes. In the state of Georgia alone, an estimated 80,000 households with students cannot access a wireline service.

National wireless operators have donated thousands of portable Wi-Fi hotspots to connect students to their 4G LTE networks (5G networks are so new, coverage is limited and only a few devices are available). As generous as these donations have been, they do not come close to filling the total need.

CARES Act funding provides resources

The U.S. Congress passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, earlier this year. Signed into law on March 27, this stimulus bill includes funding to assist each state with providing broadband connectivity for students so that they can continue to attend classes remotely. The CARES Act has provided the respective state departments of education and municipal and county education boards with resources needed to buy the millions of laptops required to allow remote learning as well as hotspots that can connect these new laptops or existing ones to the internet.

Hotspots can only help in areas with adequate coverage

Programs providing broadband for education over the past decade have focused on installing high-speed service in community anchor institutions, which include schools and libraries. If these facilities are closed for safety reasons, those connections may not be available. Even when those connections are available, wireless coverage at many anchor institutions is quite poor. Compounding the issue, some constituents have objected to installing critically important cell sites near schools.

Additionally, schools are sometimes located where a plot of land is inexpensive or large enough to accommodate a new campus. This may place the anchor institution far from the residential areas from which students are trying to connect to their online classes.

Hotspots can help by connecting previously unserved buildings with the internet. Even when service is available to a building, some families cannot afford the additional expense of a fixed internet connection. However, indoor coverage from hotspots can be insufficient to provide enough throughput for sustained video streaming for one user, let alone multiple students at a time. In many rural areas, even outdoor hotspot coverage will be too weak to provide students with the level of connectivity needed to remain engaged in the remote classroom.

Read the full case study

Local governments, the clock is ticking. The Infrastructure Investment and Jobs Act (IIJA) set billions of dollars out on the infrastructure buffet table for local governments in the United States and there are more guests invited to the party than ever before. This funding is almost certainly a once-in-a-lifetime opportunity to connect your community and provide access for all to the digital economy. The question is: will you be at the front or the back of the line?

Ookla® can help you. This article is designed to give you the information you need to get started on the path toward getting the funding you need for your communities.

Look to your state for funding

Historically, broadband funding has had a very top-down approach. The FCC has held almost all the power to determine where federal broadband infrastructure dollars have been spent. But for the first time, state governments will have an active role in guiding these decisions.

The Infrastructure Investment and Jobs Act (IIJA) directs $65 billion to improving broadband connectivity across the US, with $42.45 billion earmarked for building new infrastructure. Once the initial FCC map has been released, each state that has declared their intent to participate through NTIA will be provided a minimum $100 million to get the process started (U.S. territories will split an additional $100 million). Much of the remaining $22 billion will target affordability, but more on that later. The race for resources will be officially off and running.

Following this initial disbursement, there will be roughly $37 billion more to be awarded from the IIJA alone. Many states are still sitting on billions of dollars from the American Rescue Plan Acts (ARPA) and broadband is an allowable expenditure for these remaining stimulus dollars. Add to that the long running connectivity programs such as CAF, RDOF, Mobility Fund, and the upcoming Rural 5G Fund, and all those programs combined approach $100 billion over the next decade.

Plan ahead to increase your competitiveness

Past programs have provided funding without setting proper expectations on results. More emphasis is now being placed on planning. With a focus on estimated cost per service address, network design takes a front seat to ensure these resources are spent efficiently and state officials will be allowed to use up to five percent of this for mapping, designing, and cost estimation. 

Most states are already planning, or already building, their own broadband availability maps. But if you have connectivity issues in your community, it’s time to make it known to those who will be responsible for directing funds and deciding which communities will see investment and which will not.

Ookla helped Loudoun County, Virginia secure $17 million

We have experience helping local governments navigate this challenging planning process. When FCC Form 477 broadband availability data showed that nearly 100% of Loudoun residents have access to what the FCC defines as broadband (25 Mbps download, 3 Mbps upload), this was inconsistent with the connectivity experiences of county residents. So the Loudoun Broadband Alliance (LBA) chose to use Ookla Speedtest Intelligence® to create an accurate and reliable broadband access mapping methodology using real-world network performance data. With this data, LBA identified a large number of unserved households in contrast to FCC data which showed them as served. Loudoun County was subsequently awarded over $17 million of funding to help eliminate the broadband gap.

Keep in mind that the maps will never be finished. They will change and evolve as the networks in your area grow. Funded projects will need to be monitored for compliance and older networks will need to be watched for signs of deterioration. Everyone will need to keep an eye on progress, measure successes, and have the data to act early when projects go off track.

Acadiana, Louisiana used Speedtest data to win $30 million

With Speedtest data, the Acadiana Planning Commission (APC) was able to successfully challenge FCC maps on over 900 out of approximately 1,000 census blocks. The APC applied for funding through the NTIA Broadband Infrastructure Program, which made $288 million in funding available to help close the digital divide in the U.S.. There were over 230 applicants, and only 13 grants were awarded. Vice President Kamala Harris visited Acadiana in March to announce that the APC had been awarded a $30 million grant that will fund high-speed internet in 11 rural Acadiana communities.

Think big! Broadband funding is available for more than just infrastructure

Accessibility to broadband requires at least four components: infrastructure, affordability, equipment, and knowledge. The lack of any one of these means an individual does not have access to today’s digital economy. Much of the focus has been on the lack of infrastructure in many rural communities, but infrastructure is the absolutely essential piece for anyone in any community to get connected. The second component, affordability, often drives the last two requirements as people who cannot afford internet service often cannot afford the necessary equipment and, therefore, are less likely to have developed the knowledge to use it. Tracking both of these two primary elements is key to understanding the digital divide.

You might qualify for funding in more than one of these four areas. For example, over $14 billion in a new Affordable Connectivity Program is included in the broadband portion of the IIJA. Remaining funds include $2.75 billion for the Digital Equity Grant Program and the $2 billion Tribal Broadband Connectivity Program, as well as two more programs that will assist the USDA improve the internet in agricultural communities.

Agencies and local governments should work together

Cities should be coordinating with counties and other government entities within the same region — but someone needs to be in charge. If your local government does not have an individual charged with coordinating all these efforts, there is bound to be duplication of efforts, wasted resources, stagnation of ideas, or all of the above. Whether this person reports directly to the CTO, CIO, Mayor, or City Manager, their purpose is to understand what all departments are doing in the space and coordinate discussions, grant opportunities, and overlapping initiatives to make sure that departments aren’t working at cross purposes. Non-profits, community activists, and local corporations all have a stake in the success of these efforts. Traffic problems won’t suddenly end at the municipal boundary. Improving traffic on one side of the line may create more problems on the other side. Working together with your neighbors is just as important as working with internal departments. The same can be said of both fixed and wireless broadband infrastructure.

Dig-once projects will score extra points in the competition to have projects selected. Broadband is only part of the $1.2 billion infrastructure law. Roads, bridges, ports, and rail have billions of dedicated dollars as well. Digging a new trench for a clean water system? Coordinate with the project to include conduit and fiber and your efficient use of taxpayer funds will likely be rewarded.

Consider funding for multiple technologies 

As great as it might be to provide every service address in the country with a fiber connection, it may not make economic sense in some places. But an important detail was clearly stated in the legislation that recognizes a technology neutral stance on solutions. The rules are not yet complete on how the FCC and NTIA will award the IIJA funds and contend with challenges to their findings, but there are certainly far fewer restrictions on the ARPA funds that are already disbursed to the states. Many connectivity projects are already underway whether through infrastructure development, equipment distribution, or subsidies for affordable service.

Wireless services can get people connected much faster and there are several forms. Traditional mobile operators are rolling out 5G and Fixed Wireless Access (FWA) in some areas that can directly compete with traditional fixed services. Wireless Internet Service Providers (WISPs) have launched coverage to homes and businesses that previously had satellite as their only option. Some municipalities and school systems have launched private 4G LTE networks to connect underserved areas in their communities. And municipal Wi-Fi can still be an important part of an overall solution.

A portion of families may never find subscribing to a fixed network practical, but wireless services allow for easier movement and some don’t even require a residence. Understanding wireless network availability and performance across your jurisdiction is just as important as planning a fiber network. And here’s a bonus — cellular and other transmission sites need fiber for any new 5G cell site. So if you know where your wireless networks need additional infrastructure, you can plan for places in the network to offer them accessible fiber connections.

If your state still has ARPA funds available, you still have an opportunity to make improvements and learn more about connectivity issues so you are better able to make your case for the IIJA funds as they begin to flow.

Ookla can provide you with the data you need to be competitive for federal funding

It has been said for years that broadband is the fourth utility. Local governments have spent a lot of their resources managing the first three: water, gas, and electricity. If any of those become unavailable, even for a brief period of time, their citizens will make their unhappiness known. Resiliency of these services will play a part in how elected officials are judged, whether the local government supplies these services or just manages an external provider.

If you serve in local government, you should anticipate the same expectations going forward for broadband in your community. The internet has become vital to the way we live our lives, and access to it dictates much of our success both as residents and businesses. Recognizing connectivity as a critical service may have been a consequence of a pandemic, but that change in thinking is here to stay.

That’s why Ookla is here to help you learn more about the connectivity in your area. We’ve already helped local governments secure tens of millions of dollars in federal funding in Loudoun County, Virginia and Acadiana, Louisiana. We are also working with state broadband offices as well as municipalities to help them gain visibility into network availability and performance. If you want your community to take advantage of the billions pouring into improving connectivity, get in line before it’s too late. 

Drawn from billions of Speedtest® results, Ookla’s Broadband Performance Dataset provides governments, regulators, ISPs, and mobile operators with insights about the state of fixed networks and broadband accessibility. The Broadband Performance Dataset helps you identify unserved and underserved areas, prioritize investment opportunities to improve access to broadband, challenge funding decisions, and secure grants. 

To learn more about the Broadband Performance Dataset, Speedtest Intelligence, and other solutions for your state and/or local governments, please contact us.