On July 8, 2022, the Broadband Data Task Force, Wireless Telecommunications Bureau, Wireline Competition Bureau, and Office of Economics and Analytics (collectively “FCC”) released a Declaratory Ruling and Limited Waiver responding to the Competitive Carriers Association’s (“CCA”) Petition for Declaratory Ruling or Limited Waiver asking for clarification that Broadband Data Collection (“BDC”) filings can be certified by any qualified engineer, not only certified professional engineers (“PE”). The FCC clarified and issued a limited waiver of its professional engineering requirement.
First, the FCC clarified that a mobile or fixed service provider may submit certification of the accuracy of its broadband submissions by either a PE or a “corporate engineering officer” who is not a certified PE, but is a corporate officer possessing a B.S. in engineering degree with both “direct knowledge” of, and responsibility for, the carrier’s network design and construction.
Second, the FCC granted a limited waiver of the certified professional engineer certification requirement for the first three filing cycles of the BDC (i.e. data as of June 30, 2022, December 31, 2022, and June 30, 2023). The FCC will instead allow the certification to be completed by an otherwise-qualified engineer. The engineer must possess either: (i) a bachelor’s or postgraduate degree in electrical engineering, electronic technology, or another similar technical discipline, and at least seven years of relevant experience in broadband network design and/or performance; or (ii) specialized training relevant to broadband network engineering and design, deployment, and/or performance, and at least ten years of relevant experience in broadband network engineering, design, and/or performance.
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