FCC Seeks Comment on Extension of CCA’s Waiver of BDC Engineering Certification Petition

On August 11, 2023, the FCC released a Public Notice seeking comment on a Petition for Extension of Waiver filed by the Competitive Carrier’s Association (“CCA”) and USTelecom – The Broadband Association (“Petitioners”).  Petitioners ask that the FCC grant an exemption of the FCC’s requirement that Broadband Data Collection (“BDC”) filings be verified by a licensed Professional Engineer (“PE”) for an additional three filing cycles.

You may recall that the FCC’s rules require providers to have a licensed PE review and certify the accuracy of the broadband availability data submitted by providers as part of the BDC.   The FCC previously granted a limited waiver of the licensed PE requirement for three filing cycles in July of last year.  The FCC instead allowed providers to have an “otherwise-qualified engineer” certify the data.  A summary of the Order granting the waiver is included in the email chain below.

Petitioners ask that the FCC renew the limited waiver for an additional three filing cycles because there remains a lack of certified PEs in the marketplace, which is an impediment to satisfying the FCC’s rules, particularly for small and rural carriers, and the providers can provide accurate broadband data without certification by a licensed PE.

Comments will be due 10 days after the date of publication in the Federal Register.

Reply comments will be due 20 days after the date of publication in the Federal Register.

Please Contact Us if you have any questions.

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