Broadcasters are working hard to try to get the FCC to reverse course on its plans to increase their user fees, in part to pay for the better broadband maps Congress has demanded of the commission.

The FCC pays for its operations through user fees--as well as auction proceeds when it comes to covering the expenses of conducting those.

National Association of Broadcasters president Gordon Smith last week was on a phone conference with acting FCC chair Jessica Rosenworcel to talk about the special appropriation of $33 million for the FCC to implement the Broadband Data Act, legislation that Smith and other NAB executives on the call said provided "no benefit whatsoever to broadcasters."

They said that despite that, broadcasters would wind up fronting about 16% of what were costs unrelated to their operations. The FCC fees are based on how many full-time employees are used to regulate a particular service.

Also Read: Broadcasters Tell FCC Not to Charge Them for Broadband Maps

NAB has told the FCC that not only is making them pay some of the broadband mapping freight unfair, but that it violates statute, a point they reiterated last week, saying that passing along costs attributable to broadband does not square with the requirement that the FCC take into account factors related to which entities benefit from broadband mapping. "Had it done so," they said, "the Commission would have no doubt concluded that broadcasters – and more specifically the Media Bureau – are not involved in implementing the act."

They invoked the pandemic, including the rise of the Delta variant, as reason that the increase would be hard to absorb, increases they can't pass along to their audience--as say, could ISPs via their monthly bills.

As FCC chairman Ajit Pai signaled at a Senate Commerce oversight hearing June 24. The FCC will vote next month on implementing the Broadband DATA Act. The act, which passed in March, directed the FCC to collect better data on where broadband is and isn't deployed.  

In a blog outlining the July 16 public meeting agenda, the chairman said that the digital divide can't be closed until the FCC can get that better data, adding that better maps will also be needed to give the public confidence that the divide is being closed. 

Related: House Republicans Push for Broadband Mapping Bucks

He said that Congress was essentially ratifying the FCC's Digital Opportunity Data Collection to collect that better data, launched in 2019. He says that effort will provide maps with unprecedented detail.  

Pai said that the item at the July meeting will combine a Second Report and Order and Further Notice of Proposed Rulemaking that will adopt "specific coverage reporting and disclosure requirements" for both fixed and mobile broadband ISPs. He says it will spell out certification requirements and the metrics for insuring the accuracy of availability data.  

Pai: FCC Needs Mapping Funding From Congress ASAP 

In addition it will have a a process for getting input from states, localities, and Tribal governments, as well as consumers and other stakeholders to make the maps "as accurate as possible." 

Pai also points out that Congress will need to provide at least $65 million to get the maps "off the ground."  

The Senate has unanimously passed the Broadband Deployment Accuracy and Technological Availability (DATA) Act. It has already passed the House so now heads to the President's desk. 

The bill requires the FCC to issue new rules "to require the collection and dissemination of granular broadband availability data and to establish a process to verify the accuracy of such data, and more."  

Related: Broadband Mapping Bill Passes House

The bill essentially puts Congress' impetus behind an effort already underway at the FCC. The commission voted earlier this year to come up with a more granular broadband data collection process that could be crowd-vetted.    

“We welcome Congress’ action in passing legislation that will improve our national broadband maps and enable policymakers to better target scarce resources to areas that currently lack broadband service," said NCTA-The Internet & Television Association in a statement. "In particular, we commend Congress’ ratification of the FCC’s decision to use ‘shapefile’ data that will better reflect provider service areas and will result in more accurate broadband maps. We urge the President to sign this legislation and to advance our shared interest in identifying unserved areas and connecting more homes to powerful, high-speed internet service.” 

“The House and now the Senate have both decisively acted to transform the country’s outdated broadband maps to get a clearer picture of who has – and who still lacks – access to broadband, the 21st century’s indispensable resource," said USTelecom president Jonathan Spalter. "Under the leadership of Senators Wicker, Peters, Thune and Klobuchar, Congress has adopted a data-driven plan to modernize the national broadband coverage maps with the express purpose of increasing deployment in rural America. 

“CCA has made this issue a priority, and I commend the Senate for passing the bipartisan Broadband DATA Act," said Competitive Carriers Association president Steven K. Berry...."As it becomes law, this will have a positive impact on every household in rural America. Improving the broadband coverage maps based on more reliable data is absolutely essential to identifying areas still in need of critical mobile broadband services to help target support, and this legislation is a tremendous step in the right direction of achieving this important goal. I thank Congress for its attention to this incredibly important issue and for sending this bill to the President’s desk for signature.”

“Access to high speed internet is vital in today’s interconnected world, yet 19 million Americans – including one-fourth of the rural population – still cannot access standard broadband services," said Reps. Greg Walden (R-Ore.), ranking member of the House Energy & Commerce Committee and Bob Latta (R-Miss.), ranking member of the Communications Subcommittee. "To expand broadband to communities that need it, we must know exactly where those communities are. The bipartisan Broadband Deployment Accuracy and Technological Availability Act will do just that, by improving mapping capabilities so we collect more accurate data, boost connectivity, and make sure our limited resources are used most effectively. We thank our Senate colleagues for moving swiftly to pass this important bill that takes steps to improve connectivity for all Americans, regardless of zip code, and look forward to President Trump signing it into law."