On April 30, 2018, the Wireless Telecommunications Bureau and Wireline Competition Bureau (“Bureaus”) released an Order on Reconsideration (“Order”) on certain aspects of the Mobility Fund Phase II (MF-II) challenge process procedures Public Notice. Specifically, the Bureaus increase the maximum distance between speed tests measurements to 800 meters (approx. one-half of a mile) and the associated buffer radius to 400 meters (approx. one-quarter of a mile).

In the Public Notice, the Bureaus, on their own motion, found insufficient evidence showing that their proposal to use a one square kilometer grid cell and a buffer radius of one-quarter of one kilometer to assess challenges would create an “insurmountable burden.” Now, the Bureaus state that based on new evidence in the record previously unavailable at the time of the prior decision, applying a buffer radius of one-quarter of one kilometer may be unduly burdensome to some challengers. The Order states that the new evidence illustrated the considerable increase in area covered by speed test measurements resulting from using a radius of one-quarter mile rather than one-quarter kilometer. As a result, the Bureaus expect that applying a larger maximum distance parameter and a corresponding larger buffer radius will significantly reduce burdens on potential challengers without compromising accurate data collection.

The Order was published in the Federal Register on May 22, 2018, thus establishing the following effective date:

The rules adopted in the Order are effective June 21, 2018.

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