Industry Disagrees on Extending Broadband Data Engineer Waiver

Industry groups clashed on whether the FCC should extend its current waiver of broadband data collection rules allowing filers to submit information by a non-licensed professional engineer (PE). Competitive Carriers Association and USTelecom sought an extension for an additional three filing cycles, citing workforce issues (see 2308070042). The current waiver is to expire after the next submission deadline Sept. 15. Comments were posted Tuesday in docket 19-195.

"There continues to be a lack of certified professional engineers specializing in RF engineering and broadband network design," said the Wireless ISP Association. The scarcity "is likely to worsen over time," the group said, citing anticipated needs for projects funded by NTIA's broadband, equity, access and deployment program. WISPA asked the FCC to adopt an NPRM proposing to codify its current waiver, noting the Broadband Data Act doesn't require filers to have their submissions certified by a licensed professional engineer.

Extend the waiver "for at least an additional three cycles," said CTIA. The group backed letting "qualified RF engineers" certify BDC availability data, noting professional engineering licensure is "uncommon among the RF engineering workforce." The BDC Carrier Coalition, which included more than a dozen carriers, backed a permanent waiver. Small and rural providers "are not equipped with in-house licensed PE experts, nor do they have readily available outside licensed PE experts who can provide the certification in the states where they provide services," the BDC coalition said.

Obtaining a licensed PE "has proved to be a costly and onerous requirement," said the Rural Electric Cooperatives Providing Broadband, which included more than a dozen co-ops. It's "well established that the requirements necessary to become a licensed PE are exhaustive," the coalition said, adding the requirement "does not ensure that the commission will receive reliable data and maps."

Small providers "continue to face significant challenges in obtaining a licensed PE to certify broadband deployment data cost effectively and within BDC filing deadlines," said ACA Connects. The waiver allowed "highly trained, qualified and competent" engineers to certify timely submissions, said NCTA: "The accuracy of the data was not compromised due to the lack of PE licenses from the engineers certifying the submissions."

Some groups opposed the petition, citing potential harm to the accuracy of broadband availability data. The "generalized workforce concerns" laid out in the petition "do not warrant a blanket and unqualified three-years-and-counting waiver of the rule," said NTCA. The petition lacks "specific evidence as to the inability to procure assistance from professional engineers," the group said, and the commission already offered the option to rely on a corporate engineering officer to certify a filing as an alternative. NTCA argued the petition "misses the mark in dismissing the value of expert engineering certification" and urged the FCC to limit any extension of its waiver to "providers reporting the ability to serve fewer than 100,000 locations nationwide."

An extension would "continue to block an important check on potentially inaccurate filings," said the Rural Wireless Association. Doing so would allow carriers to "continue to file BDC submissions without certifying that their filing complies with professional engineering standards," RWA said. The group noted "any potential shortage of licensed PEs can also be cured by such engineers sitting for the requisite PE exams."