14. We emphasize that the decisions we reach in this Order are limited to the issues raised in the Public Notice, and that we do not reach any of the issues regarding disclosure of Form 477 data to the public that many commenters raise and which remain pending. As we explain in more detail below, eligible entities are expressly prohibited from publishing directly or indirectly any of the aggregate data that they access. We also recognize that several designated awardees are state commissions, which have rights to disaggregated data through the data-sharing mechanism set forth our prior orders. We emphasize that nothing we do here today expands or diminishes the rights and obligations of state commissions as set forth in that order.
15. Aggregate Data Sets. As set forth below, we have developed a data-sharing framework intended to enable eligible entities to carry out the activities specified in section 106(e), particularly with regard to mapping. Several commenters, including Form 477 broadband filers, support such disclosure of comprehensive data to eligible entities to carry out their mapping activities. Two associations of broadband providers expressly recognize that the disclosure should be tied to the speed thresholds used in the stimulus programs' definitions of "unserved" and "underserved." We agree, but also recognize that the release of aggregate data should support the fuller set of responsibilities set forth in section 106(e), rather than just mapping.
16. Rather than adopt a single form of aggregation, we find that the creation of the complementary data sets described below would be the most useful approach for eligible entities. For each such data set, we identify below how we aggregate the data so as to help the eligible entities carry out their responsibilities without unduly risking exposure of confidential information. In adopting these data sets, we emphasize that nothing we do today modifies the Commission's definition of "broadband," and that we reach these conclusions exclusively for the more narrow concerns of implementing section 106(h).
17. Subscriber-Count Data--Data Set 1: Number of Total Wireline,
18. Providing access to this data set advances the activities of eligible entities in multiple ways. First, by showing actual subscribership in a Census Tract, the data set will assist eligible entities in verifying the availability data they collect, confirming their findings or alerting them to areas that may warrant further investigation. Additionally, numbers of the wireline and TFW residential subscribers could also be used to inform eligible entities' identification of "underserved" and "unserved" areas, as defined in the NTIA NOFA. Where an eligible entity determines, for example, that a tract has a level of household fixed subscription penetration of less than 10 percent, it could investigate and verify, based on availability data collected from providers, that the tract, as a whole or some portion thereof, is "unserved."
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