Code F Pre-Challenge Explained

The following information was received directly by MBI. The section headings were added by the Alliance to enhance readability and understanding. 

The Alliance's take on the info below. Code F is a type of challenge that was initiated by MBI prior to the release of the Challenge portal. Code F focuses on fixed wireless services. Based on MBI's information, it seems that due to capacity constraints, some fixed wireless are unable to regularly offer broadband speeds even though technically they could. The inconsistency of available broadband speeds was determined by MBI to mean that broadband was not available to locations. As a result, MBI challenged them as being "unserved" rather than "served"

MBI RESPONSE:

Definition of Code F 

Fixed Wireless – Code F. MBI will identify locations currently showing as “served” by cellular fixed wireless technology only on the latest version of FCC National Broadband Map and reclassify these locations as “underserved” This is a pre-challenge modification that will pre-load Fixed Wireless challenges to identified locations prior to the opening of the challenge process. 

The information below is taken from MBI's BEAD Initial Proposal Volume I- Modification 2:  

Limitations with Fixed Wireless

MBI recognizes that the BEAD NOFO classifies licensed fixed wireless as a qualifying reliable broadband technology. At the time of preparation of this Initial Proposal, analysis suggests 12 Commonwealth of Massachusetts Broadband BEAD Initial Proposal Volume I that over 3,800 locations in Massachusetts may qualify as “served” from cellular fixed wireless service only.

This type of coverage is prone to network capacity constraints that may result in some incoming service requests being denied because the network in that area is at full capacity. While this will likely  improve over time as ISPs continue to invest in their networks, the variable nature of service availability has resulted in locations that are designated as served on the FCC map being unable to subscribe to broadband service based on the timing of the request. It is MBI’s belief that broadband service that is prone to network capacity constraints, does not satisfy the BEAD program’s universal coverage standard. 

The FCC National Broadband Map is compiled on the basis of provider-reported data, where providers are asked to report their coverage at a specific moment in time based on “maximum advertised speed.” This modification does not suggest that provider reporting to the FCC is inaccurate. But accuracy is relative to the question asked. Fixed wireless carriers regularly advertise internet service “up to” specified speeds but may not reflect speeds consistently available to all customers irrespective of network capacity. It is therefore possible, and MBI believes, that an ISP using fixed wireless technology will advertise service at 100/20 or faster service, however, in a given area some incoming service requests will be denied because the network lacks capacity. 

 

Implications of Fixed Wireless Limitations

More specifically, MBI has found that a provider website may indicate that service is available at a specific address while another search on a different day indicates that the service is not available to a new customer at the same address.    Some examples of the impact of this variability in service availability, include:

• Service is available to residents of an apartment building until such time as maximum network capacity is reached, thereby prohibiting other residents in the building from subscribing to the service.

• A homeowner closes their account when they sell their house and the new homeowner is unable to subscribe to the service because other houses in the area have signed up in the interim.  

 

MBI Decision to Challenge

Rather than leave households vulnerable to intermittent availability of service, MBI seeks to identify capacity constrained locations and make these eligible for BEAD funding. Those identified locations currently showing as “served” by cellular fixed wireless technology only on the latest version of FCC National Broadband Map will be reclassified as “underserved”. 

 

Rebuttal Process with ISPs

MBI may consult with cellular fixed wireless providers as part of this pre-challenge process and seek input and information prior to making any reclassification determinations. To implement this modification as noted above, MBI may contact cellular wireless ISPs serving locations that have fixed wireless as the only identified broadband option, and ask them to confirm, not only that they advertise 100/20 service, but that they have sufficient capacity to meet all incoming service requests for all BSLs and CAIs in the service area for the foreseeable future.  Any locations reclassified as underserved by MBI that were subject to mutual agreement with the provider will not be open to a subsequent rebuttal by the provider during the challenge process.  A provider will, however, have the opportunity to rebut during the challenge process any reclassification of a location by MBI that was made (1) without consulting the provider during the pre-challenge period; or (2) without reaching mutual agreement with the provider.

To successfully rebut this modification, the cellular fixed wireless provider must demonstrate that it: (a) is providing 100/20 Mbps or better service at the relevant locations (e.g., by using the rebuttal approach for the speed test area challenge); and (b) has sufficient network capacity to simultaneously serve (i.e., as concurrently active subscribers) at least 80% of locations in the claimed coverage area, including both those reported as served only by cellular fixed wireless and those reported as served by all other technologies. This will account for transient demand and those using cellular broadband as a secondary source of connectivity. As one option for making such a showing, a provider may describe how many fixed locations could be served from each cell tower and the amount of per‐user averaged bandwidth to serve 80% of those locations. A capacity of 5 Mbps for each location is considered sufficient.  MBI will inform NTIA of any changes to the classifications and update the number of unserved locations prior to launching the Challenge Process.