Attachment I - Broadband Serviceable Location Fabric - PWS - Amendment 3.pdf

Federal Communications Commission

Broadband Serviceable Location Fabric

Performance Work Statement (PWS)

January 30 2026 Amendment 3 – May 12, 2026

Prepared By:

United States

Federal Communications Commission (FCC) Office of Economics and Analytics (OEA)

45 L Street NE Washington, DC 20554

Table of Contents

1. Introduction

2. Background

3. Objectives

4. Contract Activities

4.1 Project Management Support

4.2 Fabric Dataset

4.3 Support

4.3.1 Fabric challenge process administration (provide support to the FCC)

4.3.2 Process improvements

4.3.3 License Administration

4.3.4 FCC administrative support

4.3.5 Fabric challenge technical support (provide support to challengers)

4.3.6 Transition support

4.4 Support and Special Projects Activity (Optional)

4.4.1 Sample activities

4.5 Contract Requirements under 47 U.S.C. 641 et seq

4.6 Data Usage Rights

4.6.1 Tier 1: Minimum Required Data Usage Rights

4.6.2 Tier 2: Preferred Data Usage Rights

4.6.3 Tier 3: Most-Preferred Data Usage Rights

5. Place of Performance

6. Period of Performance

7. Quality Assurance Surveillance Plan (QASP)

8. Government Furnished Property/Information

9. Key Personnel

10. Deliverables and Acceptance of Deliverables

1. INTRODUCTION

This is a Performance Work Statement (PWS) for the provision of the Broadband Serviceable Location Fabric (Fabric) to support the Federal Communications Commission’s (FCC’s or Commission’s) Broadband Data Collection program. In the Broadband Deployment Accuracy and Technological Availability Act (Broadband DATA Act), 47 U.S.C. § 641 et. seq, Congress tasked the Commission with creating the Fabric as “a common dataset of all locations in the United States where fixed broadband internet access service can be installed, as determined by the Commission.” The delivery of this dataset will support the various broadband mapping efforts required by the Broadband DATA Act.

The FCC is an independent agency established by the Communications Act of 1934, as amended, to regulate communications by wire, radio, television, satellite, and cable. In early 2020, Congress enacted the Broadband DATA Act which, among other things, requires the FCC to collect standardized, granular data on the availability and quality of both fixed and mobile broadband Internet access services; create publicly available coverage maps; establish processes for members of the public and other entities to challenge and verify the coverage maps, and to create a common dataset of all locations where fixed broadband Internet access service can be installed (together, the Broadband Data Collection). In July 2020 and January 2021, the FCC adopted rules to effectuate the mandates of the Act.

In addition, the Infrastructure Investment and Jobs Act of 2022 (IIJA) charged the FCC with collecting and publishing data on the Broadband Funding Map (BFM). Launched in 2023, the BFM displays broadband infrastructure deployment projects funded by the federal government that began as early as January 2019. The map can display both completed and ongoing projects and provides a mechanism for federal agencies to share data they can consult when coordinating on funding decisions. The IIJA is only one of a number of efforts by Congress to encourage coordination of federal funding for broadband infrastructure deployment. For example, as a part of the Consolidated Appropriations Act of 2021, the ACCESS BROADBAND Act of 2021 established the Office of Internet Connectivity and Growth (OICG) within the National Telecommunications and Information Administration (NTIA) and charged it with new authorities, including tracking of federal broadband infrastructure dollars. In addition, GAO published, GAO-25-107207, a review of interagency coordination of broadband funding programs at the request of Congress.

2. BACKGROUND

The Broadband Data Task Force, in consultation with Office of Economics and Analytics (OEA), the Wireline Competition Bureau (WCB), Wireless Telecommunications Bureau (WTB), Office of Engineering and Technology (OET), the Office of the Managing Director (OMD), and other FCC bureaus and offices, is directing the implementation of the FCC’s Broadband Data Collection.

The Broadband Data Collection includes several components. First, to fulfill the requirements of the Broadband DATA Act, the FCC in June of 2022 began collecting data on the availability and quality of broadband Internet access service from both fixed and mobile providers, as well as from State, local, and Tribal government entities, other federal agencies, and third parties, if determined to be in the public interest. Second, to support this collection, the FCC must also establish and maintain the Fabric, a set of data on all locations in the United States and its territories, including the 50 U.S. states (including all Tribal lands), the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern https://www.congress.gov/bill/116th-congress/senate-bill/1822 https://www.gao.gov/products/GAO-25-107207

Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, where fixed broadband Internet access service has been or could be installed, consistent with certain specified parameters, and incorporate the Fabric into the availability data collection. Fixed broadband providers must report their service area in the form of either a polygon shapefile or a list of addresses or locations, and the Fabric forms the foundation for the location-based or address-based reporting. Third, based on the availability data collections, the FCC must create and publish maps that depict the availability of fixed and mobile broadband services (both separately and combined). Fourth, the FCC must implement a user-friendly challenge process for the public, as well as State, local, and Tribal governmental entities, to challenge the information included in the Fabric or depicted in the public availability maps, and for providers to respond to such challenges (see 47 CFR § 642(b)(5)(A)). Fifth, the FCC must verify the accuracy and reliability of the availability data collected from providers and other entities. Sixth, to improve data accuracy, the FCC must conduct audits and collect crowdsourced data from entities or individuals on an ongoing basis about the deployment and availability of broadband service. Finally, the FCC must provide technical assistance to: 1) small broadband service providers, those with less than 100,000 connections, to assist them in complying with the requirements of the availability collection; 2) consumers and State, local, and Tribal governments to support their participation in the challenge process; and 3) Indian Tribes, in the form of 12 regional workshops to assist them with submitting verified deployment data. As described in more detail below, this procurement focuses on the development, maintenance, enhancement and use of the Broadband Serviceable Location Fabric.

In addition, OEA, in coordination with WCB and OMB, and working closely with other federal agencies that support broadband infrastructure deployment, is directing the implementation of the Broadband Funding Map. The BFM currently collects data from five federal agencies, making the data available on an interactive public-facing map and for download. As with the National Broadband Map, the Broadband Funding Map uses the Fabric as the foundation for collecting and displaying data from disparate sources. The Fabric thus serves as a means to coordinate funding among multiple federal agencies and their broadband-funding programs.

3. OBJECTIVES

FCC’s contract objective is to create, update and maintain a Fabric dataset that supports the Broadband Data Collection, broadband infrastructure deployment, and other FCC statutory mandates and requirements. The Commission has already adopted some of the key definitions and standards for the Fabric in the Third Report and Order, and such definitions and standards are incorporated as requirements by reference herein.1 For example, the Commission adopted a definition of a Broadband Serviceable Location to be “a business or residential location in the United States at which fixed broadband Internet access service is, or can be, installed.” The Commission further decided that the data for each Broadband Serviceable Location (BSL) in the Fabric will be “a single point defined by a set of geographic coordinates that fall within the footprint of a building.” However, the Commission also recognized that, without knowing “the types of data and functionality that will be available through the procurement process,” it was not able to set all requirements at that time.

1 Establishing the Digital Opportunity Data Collection; Modernizing the FCC Form 477 Data Program, WC Docket Nos. 19-195, 11-10, Third Report and Order, 36 FCC Rcd 1126 (2021).

https://docs.fcc.gov/public/attachments/FCC-21-20A1.pdf

The FCC’s requirements and its required and optional deliverables for this Fabric procurement are described below. To generate the required deliverables, the Contractor shall generate a set of data on all of the structures in the United States and its Territories (as defined more fully below) and determine whether each structure is a BSL or not. We anticipate that the Contractor will use multiple data sources to generate the dataset and to make this determination. We also anticipate that the combination of underlying sources each offeror will propose to use to generate the deliverables will vary, and that certain underlying sources may have more restrictive data rights than preferred, as described in Section

4.6.3. Finally, we recognize that each offeror’s proposed approach to making the BSL determination could vary based on the sources used, and the offeror’s experience and expertise. The Contractor must work closely with, and accept guidance and direction from, FCC staff including, as appropriate, the Contracting Officer or Representative, on the process of determining which structures are BSLs.

4. CONTRACT ACTIVITIES

4.1 PROJECT MANAGEMENT SUPPORT

In the first month of the base period, the Contractor shall provide the FCC Contracting Officer’s Representative (COR) with a detailed Project Management Plan (PMP). Generally, the PMP should address how and when the Contractor will fulfill the requirements of this contract, including the activities and deliverables described here. It should include the detailed steps the Contractor will take and the resources it will use to perform the required tasks. The Project Plan shall include: a timeline with milestones, a staffing plan identifying the roles and responsibilities for all stakeholders, a risk management plan, a Subcontractor Management Plan (if applicable), and a communication plan. The Contractor shall provide the Government with an initial draft PMP with proposal submission, and a finalized version within 30 days of contract award. The Contractor shall keep the Project Plan up to date throughout the life of the contract to ensure it represents all activities and current timelines.

The Contractor shall also coordinate a kick-off meeting with the Government in which the Contractor will describe its approach to updating and maintaining the Fabric dataset and completing any Optional Activities described below.

The Contractor shall organize and lead Monthly Status Meetings with an Integrated Product Team (IPT) of Government stakeholders on a monthly basis, or as otherwise agreed with the Government. A Monthly Status Report will be submitted corresponding to this monthly meeting in order to keep Government stakeholders abreast of all activities and deliverables, risks, staffing, invoicing, and any other critical updates.

Throughout the duration of the contract effort, technical coordination meetings will be held on a recurring basis, as agreed to with the Government after award. These meetings shall be led by the Contractor with a designated Project Manager lead and the appropriate mix of subject matter experts.

The Contractor shall also provide meeting and coordination support within the scope of this contract’s activities, as required in coordination with the Government stakeholders.

Meeting minutes will be kept by the Contractor and delivered to the Government within 48 hours of one of the meetings defined above.

To the extent that additional authoritative government data become available during the Period of Performance (e.g., location data from the U.S. Census Bureau or data sources described in Objective 2.1 of the National Spatial Data Infrastructure Strategic Plan 2025-2035, at https://www.fgdc.gov/nsdi-plan/nsdistrategicplan2035), the Contractor shall, in coordination with the government and upon receipt of a formal modification from the Government, incorporate these data sources into the process.

Where such new datasets reduce reliance on commercial data sources, the Contractor shall work with and submit a plan (separate from the project plan) to the government to update the contract to reflect the change for cost savings and price reductions.

4.2 FABRIC DATASET

The Contractor shall deliver a set of data to the FCC on all structures (as defined below) in the United States and its territories, including the 50 U.S. states (including all Tribal lands), the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the U.S.

Virgin Islands) to include tables of BSLs, non-BSLs, and supplemental addresses; this is the Fabric.

i. The Fabric shall include information (as defined below) on each structure, which is defined as:

1. A building where people live, to include Census-defined housing units; a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied (or if vacant, if intended for occupancy) as separate living quarters; or a building where people live in group quarters (e.g., a skilled nursing facility or college dormitory). Each such building would be classified as “residential.”

2. A building where people work, including buildings that house businesses, government entities or not-for-profit entities. Each such building would be classified as “non-residential.”

3. A structure that includes both residential and non-residential units would be classified as “multi-use.”

ii. The Fabric shall include the following information as fields for each structure:

1. A unique, standardized, alphanumeric string for each structure in the dataset that can be used to identify that structure (i.e., a location_id field);

2. The latitude and longitude of a point falling within the boundary of the structure, to at least 5 digits of precision in WGS84 coordinate reference system, or a successor reference system once adopted as a standard by the U. S. Government (e.g., the modernized National Spatial Reference System), as specified by the FCC;

3. An address or addresses, if any, associated with each structure in a standardized format, including any unique, standardized, alphanumeric string for each address in the dataset that can be used to identify the address (i.e., an address_id field), including, as appropriate, the urbanization name;

4. The estimated number of residential and/or business units within each Multiple Dwelling Unit (MDU) and Multiple Tennant Unit (MTU);

5. An indication of whether each structure is a BSL, a location to which mass-market broadband Internet access service is or should be made available, made in consultation with the FCC;

6. For each BSL, a classification of the structure as residential, business, or multi-use; or for each structure not classified as a BSL, a classification for the reason it is not a BSL (e.g., a government building, schools, library, hospital or other structure used by an entity that likely subscribes to enterprise/non-mass market service; or secondary structures on a property);

7. The fifteen digit GEOID code of the decennial Census Block, using the most recent TIGER/Line shapefiles, associated with the structure (e.g., the 2028 version of the 2020 census block);

8. The fifteen digit GEOID code and suffix, if applicable, of the current Census Block associated with the structure using the most recent TIGER/Line shapefiles (e.g., the 2028 census block); and

9. The associated resolution-9 H3 hexagon identifier derived using the H3 API.

iii. The non-BSL table must include enterprise and CAI locations and any other location types specified by the FCC that have or would be expected to have broadband connections that are non-mass market

iv. To the greatest extent possible, Fabric location IDs should be preserved across versions. For example, location IDs should be maintained:

• If the structure or the parcel is the same as previous versions

• If the structure is different, but is on the same single-use parcel

• As a continuity from the original contract

The Contractor shall deliver documentation describing the process used to create the Fabric, including the data and methods used to populate the fields for each structure, as well as how the Contractor identified structures as BSLs, determined unit counts, and identified locations as residential or business.

The Contractor shall deliver quality reports coinciding with each release, if the data are updated every six months, or otherwise at least twice per year if the data are updated more frequently. The quality report should describe the quality of the dataset, including its completeness, prevalence of over- or under-inclusion, and an assessment of the accuracy of the fields included.

The Contractor shall deliver a challenge impact report detailing challenges by type code for each challenge ID.

The Contractor shall deliver a version change report to include any changes to the Fabric ID.

All reports shall be provided in a format mutually agreed upon by the Government and the Contractor.

The Contractor shall make use of existing Broadband Data Collection system Application Programming Interfaces (APIs) to transmit the biannual Fabric data to the BDC, download challenge data from the BDC, upload challenge-adjudication data back to the BDC and provide other data as required to support the FCC’s activities. The FCC will make updates to the APIs as appropriate and agreed upon between the Contractor and the FCC. In addition, the Contractor shall send transmit and receive such data using additional file-sharing mechanisms as directed by FCC staff.

4.3 SUPPORT

4.3.1 Fabric challenge process administration (provide support to the FCC).

Consistent with the FCC’s rules governing the challenge process, the Contractor shall assist the FCC in its adjudication of challenges to Fabric data that the FCC receives. This process will be developed jointly with the FCC to provide a set of rules that determine when challenges are accepted or rejected. The FCC anticipates that this process will draw on underlying data sources that may not be part of the data licensed by the FCC (e.g., building footprints or parcel data), and will include at least some degree of automation. The Contractor shall incorporate successful challenge data into the next version of the Fabric based on a timeline developed in consultation with the FCC. Any changes to the existing Fabric challenge category codes, and to the Fabric-challenge resolution codes, shall be made in consultation with the FCC.

In addition, the Contractor shall work with the FCC to identify a sample of challenges for FCC staff to review. To facilitate that review, the Contractor shall interface with the BDC system to provide the FCC the sample and then incorporate any changes into the challenge results and next Fabric version, as appropriate.

The Contractor shall also provide a means for FCC staff to make updates to Fabric data that will be incorporated into the next Fabric version.

4.3.2 Process improvements.

Once the Contractor has delivered the initial version of the Fabric under this contract, the Contractor shall identify any proposed changes in data sources and/or methodology used in creation of the Fabric.

Additionally, any impacts of these changes to the Fabric shall be reported to the FCC. The Contractor shall make any changes in consultation with the FCC and obtain FCC’s approval on such changes.

The Contractor shall also evaluate the underlying cause of significant changes, or at the request of the FCC, to Fabric data across versions; and changes to underlying data sources and the resulting impact on each version of the Fabric. The Contractor will include information to the FCC about such changes over time through its regular technical meetings.

The Contractor shall evaluate challenge data to determine whether there are any patterns that indicate that changes are needed in the Fabric-development process. The Contractor shall also identify and highlight any unusual patterns or anomalies in Fabric challenge filings.

4.3.3 License Administration.

The Contractor shall administer several types of licenses, as described in the Data Usage Rights section below. The Contractor shall coordinate with the FCC in determining eligibility for various types of licenses, and provide information to the FCC as requested, including when there are disputes between the Contractor and licensees. However, the FCC does not engage in or mediate disputes; the Contractor is solely responsible for resolving such matters directly with licensees. The Contractor shall obtain FCC’s approval on each type of license including all content therein.

As appropriate, the Contractor shall provide all licensees support as part of the Transition-In Plan to ensure continuity with the new Fabric developed at the start of this contract compared to the previous version of the Fabric developed at the end of the prior contract. Such support will ensure licensees are able to process, submit and receive data as appropriate to their uses.

4.3.4 FCC administrative support.

The Contractor shall respond to ad-hoc queries from FCC staff in a timely fashion. Queries requiring more time and/or resources to research will be handled on a timeline agreed between the Contractor and FCC, including as appropriate, a Contract Officer or Representative. Such queries may be linked to questions about individual locations, data sources, and Fabric processing; Fabric challenge adjudication;

interplay between Fabric data and FCC programs or rulemakings (e.g., to support policy decisions involving the Universal Service Fund); or other topics.

The Contractor shall provide a read-only web tool that allows for quick and easy access to the Fabric data and the underlying source data used in determining what is considered a location. Users shall have the option to interactively display active and inactive Fabric points, building footprints, and parcel boundaries. This tool shall be made available to FCC staff, and, as appropriate, to other licensees.

4.3.5 Fabric challenge technical support (provide support to challengers)

The Contractor shall communicate directly with ISPs; state, Tribal, and local governments; consumers;

and other entities who have submitted or are seeking to submit challenges to the Fabric. Such communication could include answering questions about how to submit challenges or following up with entities or individuals in a timely manner to obtain additional information about challenges that they submitted, consistent with rules governing the challenge process.

4.3.6 Transition support.

This contract includes a Transition-In and Transition-Out period. The Transition process is defined as a transition of information and operations from one Contractor to another to maintain the program’s integrity. The Government requires a seamless transition. The Contractor shall implement a transition methodology that ensures Contractor personnel and (if applicable) subcontractor personnel provide a seamless, risk mitigated, and effective transition. During the transition periods, the Contractor shall ensure that supported services are maintained without disruption to stakeholders and that there is no service degradation during the transition. The Contractor shall establish and maintain effective communication with Government personnel during the transition periods via weekly status meetings or other Government-approved transition communication methodology. The Transition Plan must be approved by the Government. The Government will provide comments on the plan within ten (10) business days after the plan is received. The Contractor shall submit a final plan for approval.

The Contractor is required to submit with its proposal a draft Transition-In Plan, and an updated version submitted no later than 15 days after contract award based on Government review and feedback. The Transition-In Plan shall describe the Contractor’s transition activities in obtaining appropriate contract deliverables from the incumbent Contractor, including documentation, data, and licensing. The Transition-In Plan shall detail all transition activities, to include both Contractor and Government personnel roles, to ensure that there is a seamless transition at the start of this contract. The Transition-

In Plan shall identify how the Contractor will coordinate with the prior Contractor and Government personnel to transfer knowledge regarding the following:

• Project management processes;

• Points of contact;

• Location of technical and project management documentation;

• Sharing of documentation of in-progress tasks/activities;

• Key personnel responsibilities;

• Schedules and milestones;

• Approach to developing a cross-walk from the existing Fabric to the one being developed under this contract;

• Provide all licensees support to ensure continuity with the new Fabric developed at the start of this contract compared to the end of the prior contract (i.e., the previous version of the Fabric); and

• Actions required of the Government.

The Contractor is required to submit with its proposal a draft Transition-Out Plan and an updated version submitted no later than 60 days prior to the anticipated expiration of the contract after Government review and feedback. The Transition-Out Plan shall describe the Contractor’s activities in transitioning over performance of all contract services to another Contractor, including disposition or handling of all government documentation, data, and licensing. The Transition-Out Plan shall detail all transition-out activities, to include both Contractor and Government personnel roles, to ensure that there is a seamless transition to an incoming Contractor at the expiration of this contract. The Transition-Out Plan shall allow the Government and its Contractors to develop a cross-walk as described in the User-Rights section below. The Transition-Out Plan shall identify how the Contractor will coordinate with the incoming Contractor and Government personnel to transfer knowledge regarding the following:

• Project management processes;

• Points of contact;

• Location of technical and project management documentation;

• Sharing of documentation of in-progress tasks/activities;

• Key personnel responsibilities;

• Schedules and milestones;

• License terms and restrictions (including access to and use of the Fabric developed under this contract in transition-out to ensure continuity with the following contract with crosswalk between the Fabric at the end of this contract and the next Fabric of the following contract. FCC is open to approaches such as third-party implementing crosswalk mapping methodologies/algorithms provided by Contractor; and

• Actions required of the Government.

4.4 SUPPORT AND SPECIAL PROJECTS ACTIVITY (OPTIONAL)

At the government’s discretion during any performance period, but only upon the Contracting Officer’s (CO) written authorization to proceed, the Contractor shall provide Support and Special Projects to support the Fabric under Sections 4.2 and 4.3 or to implement major modifications to the data. These services do not include services required under any other Section of this PWS. An optional contract activity may be directed on a labor-hour or firm-fixed-price basis, within the ceiling established under this contract.

These optional activities listed below (not already required by the PWS) will provide the FCC with the flexibility to act quickly as technology and agency needs evolve, or when special situations arise. These activities would provide additional support of the Fabric, and/or potentially improve its accuracy or completeness. The activities may include, but are not limited to, the following:

• Provide additional information as part of the Fabric. Provide additional data fields, as agreed upon with the COR. Such data might include polygons that represent each structure’s footprint;

an indicator of whether the point coordinates of each structure represent the building centroid, front-door location, or other point within the structure; or a quality or confidence metric for each data field for each structure.

• USPS address validation. Incorporate data from United States Postal Service’s (USPS) Address Matching System to ensure all addresses included in the Fabric are valid U.S. addresses.

• Incorporation of location data from government entities. Review location data from federal, state, Tribal or local government agencies, if available and applicable, and use it to improve the Fabric dataset by, for example, de-duplicating locations or addresses and validating data.

• Creation of Census-Bureau-data-based quality report. Provide staff to work with confidential (non-public) data from the U.S. Census Bureau; compare the location, address, and unit-count data from the Fabric to Census data; and generate a data-quality report that the Contractor would provide to the FCC (i.e., aggregating or anonymizing data to meet Census Bureau requirements for the protection of confidential data).

• Additional Technical Support. Incorporate new data sources from individual licensees that are tied to limited areas in creating or processing Fabric challenges or in data processing used to create or update the Fabric. Provide other support that requires additional resources, such as customized research requests or additional analysis, review and updates in specific areas, as requested by the FCC to address unique circumstances. Such efforts may vary in the amount of time and personnel expertise needed, and may require an agreed-upon period of time for the Contractor to first analyze the problem and develop a proposed estimate for the level of effort involved in conducting the requested effort. After FCC approval of an estimate, the work can either be pursued or deferred. If the work is deferred or declined, only the charge for the analysis will remain.

4.4.1 Sample activities

The following are two optional activities that are representative of optional support and special projects:

• Manual review of 1000 Broadband Serviceable Locations (BSLs). Provide manual comparison of data submitted by challengers against satellite imagery data or in response to inquiries from the FCC, examining relevant data to determine whether Broadband Serviceable Locations should be added to or removed from the Fabric.

• Address matching of 1000 addresses. Ingest lists of addresses from ISP address datasets and compare those addresses against those in the Fabric. The Contractor shall also provide information to the FCC and the ISPs about addresses that the Contractor is able to match to Fabric addresses, including the point identifier for each ISP address, and a confidence score for each of those matches.

4.5 CONTRACT REQUIREMENTS UNDER 47 U.S.C. 641 ET SEQ

1. The Contractor is required to have “expertise with respect to geographic information systems.” 47 U.S.C. § 642(b)(1)(A)(ii)(I).

2. The contract Period of Performance is not to exceed five (5) years. 47 U.S.C. § 642(b)(1)(A)(ii)(III)(bb).

3. The Contractor is prohibited from “selling, leasing, or otherwise disclosing for monetary consideration any Personally Identifiable Information” developed, accessed, collected, disclosed, obtained, or maintained in connection with this agreement to any entity other than for purposes authorized by this contract or by statute developed in the course of this work. In addition, the Contractor shall include in any contract with any other entity a provision that prohibits that other entity from engaging in these prohibited actions. 47 U.S.C. § 642(b)(1)(A)(ii)(III)(cc); 5 U.S.C. § 552a.

Personally Identifiable Information is defined as information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual.

4. The dataset shall “at a minimum be updated every 6 months.” 47 U.S.C. § 642(b)(1)(B)(iv).

5. The Contractor shall deliver an initial production version of the Fabric to allow for the collection of data on the biannual data-collection schedule (during either June or December of the year the contract is awarded).

4.6 DATA USAGE RIGHTS

The FCC prefers having the ability to make the Fabric provided as a deliverable under this contract fully accessible to the public, allowing individuals and organizations to access the data via website viewing, API, and/or download from the FCC website. However, the FCC also recognizes that vendors may rely on commercial data sources to which they have limited access rights or may desire to restrict access to datasets to preserve their commercial interests. This PWS therefore lays out 3 possible different Tiers of Data Usage Rights below. While any proposed data-usage rights scheme that meets at least the minimum requirements in Tier 1 is technically acceptable to the Government, the FCC prefers broader data-usage rights and fewer restrictions for parties accessing the data. If vendors can provide access and usage rights with fewer restrictions than those described in Tier 1, they should describe those rights.

Vendors can submit up to three Data Usage Rights proposals, as described in detail in the Instructions to Offerors and Evaluation Criteria. In each of their Data Usage Rights proposals, offerors should describe in detail the set of rights they propose to provide. The set of rights could match one of the Tiers of Rights below or be a combination of rights from different Tiers (Offerors shall not include more than one set of data usage rights in a single Data Usage Rights Proposal), as long as all requirements described in the Minimum Required Data Usage Rights section are met. There are two options described under Tier 2, and Offerors may choose to satisfy either one or both of those options. Proposals for Tier 3 must meet the requirements of Tier 2: Preferred Data Usage Rights Option A at a minimum for the FCC in addition to the rights added for the FCC, and the rights for all other users described in Tier 3: Most- Preferred Data Usage Rights. Note that the preference for broader data-usage rights applies to the required data fields described in Section 4.2, not to the full set of data that vendors use to derive the required data. Vendors may describe more restrictive limits for data that are not required (e.g., building footprint data used to generate the required coordinates).

4.6.1 Tier 1: Minimum Required Data Usage Rights

1. The Contractor shall grant to the FCC, including its contractors (e.g., third-party contractors) and any program administrators (e.g., the Universal Service Administration Company), a non-exclusive, irrevocable, perpetual license to the data provided as a deliverable under this contract. The license must allow, in perpetuity, the FCC to accomplish the goals of the Broadband DATA Act (47 U.S.C. § 641 et seq.), the Broadband Deployment Locations Map (47 U.S.C. § 1704), and the Universal Service Fund rules and orders (pursuant to 47 U.S.C. § 254).

a. This FCC license shall provide:

i. Unlimited rights to access, prepare, use, copy, modify, reproduce, and prepare derivative works (e.g., maps, reports of location-weighted broadband availability by geography, sample frames for auditing, or additional quality reports), and distribute the licensed data for internal use, including by and to personnel, third-party contractors, and other entities granted the same license, without any restriction on statutory purposes, to meet the FCC’s needs;

ii. Rights to publish aggregations and derivatives of the licensed data, including broadband-availability and broadband-funding data, that may include summary data from the Fabric but do not include any record-level (i.e., location specific) Fabric data, as described in section 4.2. These derivatives include, but are not limited to aggregations by state, county, Metropolitan Statistical Area, Congressional District, Census Places, tribal area, or other US Census Bureau-defined boundary, Study Area, H3 resolution-8 or larger hexagons, or aggregations of those areas;

iii. Rights to publish aggregations of licensed data such as counts or percentages of BSLs or units at a geographic level that does not allow for identification of individual locations without restriction on the underlying statutory purpose.

These aggregations can include breakouts by Fabric data types like building type. Aggregations may be limited to a minimum of 5 BSLs per area, with an average of no less than 50 BSLs.

iv. Rights to publish and display data via an online map, or in reports or other static formats (e.g., PDF);

v. Rights to publish record-level (i.e., location-specific) derivative data with the following limitations:

1. Rights to publish lists of location_ids without restriction, and to share lists of location_ids with licensees for any statutory purpose;

2. Rights to publish broadband availability data (collected pursuant to the Broadband DATA Act) and broadband funding data (collected pursuant to the Broadband Deployment Locations Map) associated with individual locations. Such rights include the ability to display Fabric data for individual locations on interactive web maps; and to create reports for bulk download (reports may include location_id and associated Census Block and resolution-8 H3 hexagon identifiers);

3. Rights to publish Fabric data and derivatives to administer any challenge processes created to fulfill the requirements of the Broadband DATA Act (including process to challenge Fabric data and fixed-broadband-availability data). Such rights include the ability to display Fabric data for individual locations on interactive web maps; and to create reports for bulk download. For the availability challenge-process participants with access to bulk challenge data (filers, and ISPs with availability challenges), reports may include location_id, address information, unit count, building-type code, and latitude / longitude; public reports may include location_id, supplemental address_id, associated Census Block/resolution-8 H3 hexagon identifiers or larger areas (including aggregations of Census Blocks) and information submitted to the FCC by challenge process participants and derivatives thereof.

4. Rights to publish all Fabric data for a subset of locations to support creation and administration of Universal Service Fund programs subject to (i.e., created after) the Broadband DATA Act. The subset of locations may be limited to locations determined by the Commission to lack broadband availability;

5. Rights to publish a subset of Fabric data for a subset of locations to support administration of other Universal Service Fund programs where requirements or reporting are tied to Fabric locations. The subset of Fabric data may exclude geographic coordinates (latitude and longitude); the subset of locations may be limited to include locations funded by a USF program;

6. Rights to share Fabric data and derivatives with other Federal government agencies to coordinate broadband funding activities, including in the design of programs and deduplication, subject to the other agencies executing an appropriate license agreement;

vi. Rights to share any data or record-level derivatives with any other licensees, and to receive any data or record-level data from any other licensee;

vii. The ability to secure additional publication rights based on mutual agreement, without limitation as to the purpose or statutory authority; and

viii. Rights to publish metadata (information about data such as content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions) via certain federal channels and websites, including data.gov (or its successors), consistent with the requirements of the Foundations for Evidence Based Policymaking Act, and the National Spatial Data Infrastructure.2

b. The FCC’s rights to access, prepare, use, copy, modify, reproduce, prepare derivative works, and otherwise publish the data provided as a deliverable under this contract as set forth above shall not expire at the conclusion of the contract (i.e., they shall be perpetual). In addition, the FCC and its contractors, as part of the Transition-Out Plan at

2 See, e.g., 44 U.S.C § 3511(c), which requires the establishment of a Federal Data Catalog, and 43 U.S.C. § 2804, which describes the requirements for the National Spatial Data Infrastructure.

the conclusion of the contract, shall be permitted to develop and share with Fabric licensees a cross-walk to subsequent versions of the Fabric (e.g., Fabric provided by a different vendor) to ensure continuity over time.

c. The Contractor shall allow the FCC to provide Broadband Data Collection filers, including service providers, Tribal, state and local government entities, and approved third parties with access to the data provided in Section 4.2, as described above, if the Contractor is unable or unwilling to provide such access directly.

d. The FCC shall retain full, unlimited rights to any challenge data to the Fabric submitted to the FCC by third parties (i.e., the FCC can use, copy, modify reproduce, prepare derivative works or publish the data, in whole or in part, in any manner, for any purpose, or authorize others to do so, in perpetuity), but shall grant the Contractor a non-exclusive, perpetual, irrevocable license to use such data for the purpose of correcting or otherwise modifying the Contractor’s data.

e. The FCC owns and retains all right, title and interest, whether express or implied, in and to any and all FCC-collected broadband availability data and broadband availability challenge data submitted to the FCC, and any derivatives thereof. Contractor has no and acquires no right, title or interest, whether express or implied, in and to such data.

f. The FCC may publish or otherwise share additional Fabric data, aggregations and derivatives, without restriction of purpose, with prior written consent of the Contractor.

2. The Contractor shall grant service providers; Tribal, state, and local governmental entities and approved third parties a limited end-user license to the data provided as a deliverable under this contract for the purposes of submitting availability data in the Broadband Data Collection;

and/or as part of program administration required by Universal Service Fund programs, or programs administered by other federal agencies that support buildout of broadband infrastructure to be reported to the Broadband Deployment Locations Map (47 U.S.C. § 1704).

The Contractor shall ensure that license agreements with Tribal, state and local governments meet appropriate legal requirements.

a. This end-user license shall provide:

i. Rights to access, use, copy, modify, reproduce, and prepare derivative works from the data subject to this end-user license as necessary to generate and submit data to the FCC (including its contractors and program administrators), to other federal agencies, or to other entities acting on behalf of federal agencies (e.g., states that are administering federal programs); and

ii. Rights to access the data subject to this end-user license via API and/or download from the FCC’s website.

b. End-user license terms must allow for:

i. Access to the data subject to this end-user license by any filer of broadband availability data in the Broadband Data Collection and any recipient of federal funding subject to reporting for inclusion on the Broadband Deployment Locations Map;

ii. Ability to submit challenge data subject to this end-user license;

iii. Ability to generate a list of points from the data subject to this end-user license from GIS data submitted in the Broadband Data Collection; and

iv. Ability to share record-level data derivatives with other licensees, allowing for restrictions on which data fields may be shared (e.g., limiting to location_id).

c. End-user license terms may optionally:

i. Limit access to data to the counties or states where a provider indicates it offers service (for service providers) or seeks to offer service pursuant to a federally funded broadband program, legal jurisdiction (for a state, local, or Tribal governmental entity), or other appropriate restricted geography; and

ii. Prohibit commercial use, publication, and/or non-commercial use for purposes beyond broadband mapping.

3. The Contractor shall grant to other federal government agencies, including but not limited to the National Telecommunications and Information Administration, the Department of Agriculture, the Department of Health and Human Services, the Department of Treasury, the Department of Housing and Urban Development, the Institute of Museum and Library Sciences, the Economic Development Agency, federal regional commissions or authorities (e.g., the Appalachian Regional Commission, Delta Regional Authority; Denali Commission, Northern Border Regional Commission; the Southeast Crescent Regional Commission), and any other federal agency that provides broadband infrastructure deployment funding as defined in 47 U.S.C. § 1704, a limited end-user license to the data provided as a deliverable under this contract. The license may be limited to accomplish the goals of the Broadband DATA Act (47 U.S.C. § 641 et seq.) and the Broadband Deployment Locations Map (47 U.S.C. § 1704), including “any Federal amounts appropriated or any Federal program authorized after November 15, 2021, to fund broadband infrastructure deployment.”

a. This end-user license shall provide:

i. Unlimited rights to access, prepare, use, copy, modify, reproduce, prepare derivative works (e.g., maps, reports of location-weighted broadband availability by geography, sample frames for auditing, or additional quality reports), and distribute the licensed data for internal use, including by and to personnel, third-party contractors, and other entities granted the same license;

ii. Rights to publish aggregations and derivatives of the licensed data, including broadband-availability and broadband-funding data, that may include summary data from the Fabric but do not include any record-level (i.e., location specific) Fabric data as described in Section 4.2. These derivatives include, but are not limited to aggregations by state, county, Metropolitan Statistical Area, Congressional District, Census Places, tribal area, or other US Census Bureau-defined boundary, Study Area, H3 resolution-8 or larger hexagons, or aggregations of those areas;

iii. Rights to publish and display data via an online map, or in reports or other static formats (e.g. PDF);

iv. Rights to access the data subject to this end-user license via API and/or download from the FCC’s website;

v. Rights to create record-level derivatives, to receive such a list from any other licensees, and rights to share such data with the FCC for inclusion on the Broadband Funding Map; and

b. End-user license terms must allow for:

i. Access to the data subject to this end-user license by any other federal government agency;

ii. Ability to submit challenge data subject to this end-user license; and

iii. Ability to generate a list of points from the data subject to this end-user license from GIS data submitted in the Broadband Data Collection.

c. End-user license terms may optionally:

i. Prohibit publication and non-commercial use for purposes beyond broadband mapping and program administration.

4. The Contractor shall grant to other entities a limited end-user license to the data provided as a deliverable under this contract. This license may be limited to accomplish the goals of the Broadband DATA Act (47 U.S.C. § 641 et seq.), the Broadband Deployment Locations Map (47 U.S.C. § 1704), including but not limited to academic or public-policy research relating to broadband availability and funding.

a. This end-user license shall provide:

i. Rights to access, use, copy, modify, reproduce, and prepare derivative works from the data (e.g., maps, reports of location-weighted broadband availability by geography, sample frames for auditing, or additional quality reports);

ii. Rights to create and submit challenge data to the FCC at the record, or location, level in a format established by the FCC;

iii. Rights to provide challenge data to the Contractor or other licensees at the record, or location, level; and

iv. Rights to create and publish aggregations of licensed data at the state, county, Tribal area, Census Place or CBSA area.

b. This end-user license may:

i. Restrict any record-level data provided by the licensee to other licensees to exclude coordinates (latitude and longitude data) and address data;

ii. Prohibit the release of any record-level Fabric data provided as part of this contract, including a prohibition against providing such data as part of any peer-review or audit process;

iii. Require that any publication include appropriate citation to data provided under this contract; and

iv. Prohibit commercial use, publication, and/or non-commercial use for purposes beyond academic or public-policy uses for topics beyond broadband mapping and funding.

5. The Contractor shall grant to other individuals (and non-filer third parties)

a. Web access to view and correct BSL data, but shall not be required to grant programmatic or scripted access; and

b. The ability to submit…