I 

116TH CONGRESS 

2D SESSION H. R. 7205 

To facilitate the installation of broadband infrastructure, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2020 

Ms. ESHOO (for herself and Mr. MCKINLEY) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To facilitate the installation of broadband infrastructure, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nationwide Dig Once 

5 Act of 2020’’. 

6 SEC. 2. BROADBAND INFRASTRUCTURE DEPLOYMENT. 

7 (a) DEFINITIONS.—In this section: 

8 (1) APPROPRIATE STATE AGENCY.—The term 

9 ‘‘appropriate State agency’’ means a State govern10 mental agency that is recognized by the executive 


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1 branch of the State as having the experience nec2 essary to evaluate and facilitate the installation and 

3 operation of broadband infrastructure within the 

4 State. 

5 (2) BROADBAND.—The term ‘‘broadband’’ has 

6 the meaning given the term ‘‘advanced telecommuni7 cations capability’’ in section 706 of the Tele8 communications Act of 1996 (47 U.S.C. 1302). 

9 (3) BROADBAND CONDUIT.—The term 

10 ‘‘broadband conduit’’ means a conduit or innerduct 

11 for fiber optic cables (or successor technology of 

12 greater quality and speed) that supports the provi13 sion of broadband. 

14 (4) BROADBAND INFRASTRUCTURE.—The term 

15 ‘‘broadband infrastructure’’ means any buried or un16 derground facility and any wireless or wireline con17 nection that enables the provision of broadband. 

18 (5) BROADBAND PROVIDER.—The term 

19 ‘‘broadband provider’’ means an entity that provides 

20 broadband to any person or facilitates provision of 

21 broadband to any person, including, with respect to 

22 such entity— 

23 (A) a corporation, company, association, 

24 firm, partnership, nonprofit organization, or 

25 any other private entity; 


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1 (B) a State or local broadband provider; 

2 (C) an Indian Tribe; and 

3 (D) a partnership between any of the enti4 ties described in subparagraphs (A), (B), and 

5 (C). 

6 (6) COVERED HIGHWAY CONSTRUCTION

7 PROJECT.— 

8 (A) IN GENERAL.—The term ‘‘covered 

9 highway construction project’’ means, without 

10 regard to ownership of a highway, a project to 

11 construct a new highway or an additional lane 

12 for an existing highway, to reconstruct an exist13 ing highway, or new construction, including for 

14 a paved shoulder. 

15 (B) EXCLUSIONS.—The term ‘‘covered 

16 highway construction project’’ excludes any 

17 project— 

18 (i) awarded before the date on which 

19 regulations required under subsection (b) 

20 take effect; 

21 (ii) that does not include work beyond 

22 the edge of pavement or current paved 

23 shoulder; or 

24 (iii) that does not require excavation. 


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1 (7) DIG ONCE REQUIREMENT.—The term ‘‘dig 

2 once requirement’’ means a requirement designed to 

3 reduce the cost and accelerate the deployment of 

4 broadband by minimizing the number and scale of 

5 repeated excavations for the installation and mainte6 nance of broadband conduit or broadband infrastruc7 ture in rights-of-way. 

8 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

9 has the meaning given such term in section 4(e) of 

10 the Indian Self-Determination and Education Assist11 ance Act (25 U.S.C. 5304(e)). 

12 (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 

13 Administrator’’ means the Assistant Secretary of 

14 Commerce for Communications and Information. 

15 (10) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of Transportation. 

17 (11) STATE.—The term ‘‘State’’ has the mean18 ing given such term in section 101 of title 23, 

19 United States Code. 

20 (12) STATE OR LOCAL BROADBAND PRO21 VIDER.—The term ‘‘State or local broadband pro22 vider’’ means a State or political subdivision thereof, 

23 or any agency, authority, or instrumentality of a 

24 State or political subdivision thereof, that provides 


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1 broadband to any person or facilitates the provision 

2 of broadband to any person in that State. 

3 (13) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

4 government’’ means the recognized governing body 

5 of an Indian Tribe or any agency, authority, or in6 strumentality of such governing body or such Indian 

7 Tribe. 

8 (b) DIG ONCE REQUIREMENT.—To facilitate the in9 stallation of broadband infrastructure, the Secretary shall, 

10 not later than 9 months after the date of enactment of 

11 this Act, promulgate regulations to ensure that each State 

12 that receives funds under chapter 1 of title 23, United 

13 States Code, meets the following requirements: 

14 (1) BROADBAND PLANNING.—The State depart15 ment of transportation, in consultation with appro16 priate State agencies, shall— 

17 (A) identify a broadband coordinator, who 

18 may have additional responsibilities in the State 

19 department of transportation or in another 

20 State agency, that is responsible for facilitating 

21 the broadband infrastructure right-of-way ef22 forts within the State; and 

23 (B) review existing State broadband plans, 

24 including existing dig once requirements of the 

25 State, municipal governments incorporated 


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1 under State law, and Tribal governments within 

2 the State, to determine opportunities to coordi3 nate projects occurring within or across high4 way rights-of-way with planned broadband in5 frastructure projects. 

6 (2) NOTICE OF PLANNED CONSTRUCTION FOR

7 BROADBAND PROVIDERS.— 

8 (A) NOTICE.—The State department of 

9 transportation, in consultation with appropriate 

10 State agencies, shall establish a process— 

11 (i) for the registration of broadband 

12 providers that seek to be included in the 

13 advance notification of, and opportunity to 

14 participate in, broadband infrastructure 

15 right-of-way facilitation efforts within the 

16 State; and 

17 (ii) to electronically notify all 

18 broadband providers registered under 

19 clause (i)— 

20 (I) of the State transportation 

21 improvement program on at least an 

22 annual basis; and 

23 (II) of projects within the high24 way right-of-way for which Federal 


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1 funding is expected to be obligated in 

2 the subsequent fiscal year. 

3 (B) WEBSITE.—A State department of 

4 transportation shall be considered to meet the 

5 requirements of subparagraph (A) if it pub6 lishes to a public website— 

7 (i) the State transportation improve8 ment program on at least an annual basis; 

9 and 

10 (ii) projects within the highway right11 of-way for which Federal funding is ex12 pected to be obligated in the subsequent 

13 fiscal year. 

14 (C) COORDINATION.—The State depart15 ment of transportation, in consultation with ap16 propriate State agencies, shall establish a proc17 ess for a broadband provider to commit to in18 stalling broadband conduit or broadband infra19 structure as part of any project. 

20 (3) REQUIRED INSTALLATION OF CONDUIT.— 

21 (A) IN GENERAL.—The State department 

22 of transportation shall install broadband con23 duit, in accordance with this paragraph, except 

24 as described in subparagraph (F), as part of 

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1 less a broadband provider has committed to in2 stall broadband conduit or broadband infra3 structure as part of such project in a process 

4 described under paragraph (2)(C). 

5 (B) INSTALLATION REQUIREMENTS.—The 

6 State department of transportation shall ensure 

7 that— 

8 (i) an appropriate number of 

9 broadband conduits, as determined in con10 sultation with the appropriate State agen11 cies, are installed along the highway of a 

12 covered highway construction project to ac13 commodate multiple broadband providers, 

14 with consideration given to the availability 

15 of existing conduits; 

16 (ii) the size of each such conduit is 

17 consistent with industry best practices and 

18 is sufficient to accommodate potential de19 mand, as determined in consultation with 

20 the appropriate State agencies; 

21 (iii) hand holes and manholes nec22 essary for fiber access and pulling with re23 spect to such conduit are placed at inter24 vals consistent with standards determined 

25 in consultation with the appropriate State 


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1 agencies (which may differ by type of road, 

2 topologies, and rurality) and consistent 

3 with safety requirements; 

4 (iv) each broadband conduit installed 

5 pursuant to this paragraph includes a pull 

6 tape and is capable of supporting fiber 

7 optic cable placement techniques consistent 

8 with best practices; and 

9 (v) is placed at a depth consistent 

10 with requirements of the covered highway 

11 construction project and best practices and 

12 that, in determining the depth of place13 ment, consideration is given to the location 

14 of existing utilities and cable separation re15 quirements of State and local electrical 

16 codes. 

17 (C) GUIDANCE FOR THE INSTALLATION OF

18 BROADBAND CONDUIT.—The Secretary, in con19 sultation with the NTIA Administrator, shall 

20 issue guidance for best practices related to the 

21 installation of broadband conduit as described 

22 in this paragraph and of conduit and similar in23 frastructure for intelligent transportation sys24 tems (as such term is defined in section 501 of 

25 title 23, United States Code) that may utilize 


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1 broadband conduit installed pursuant to this 

2 paragraph. 

3 (D) ACCESS.— 

4 (i) IN GENERAL.—The State depart5 ment of transportation shall ensure that 

6 any requesting broadband provider has ac7 cess to each broadband conduit installed 

8 pursuant to this paragraph, on a competi9 tively neutral and nondiscriminatory basis, 

10 and in accordance with State permitting, 

11 licensing, leasing, or other similar laws and 

12 regulations. 

13 (ii) FEE SCHEDULE.—The State de14 partment of transportation, in consultation 

15 with appropriate State agencies, shall pub16 lish a fee schedule for a broadband pro17 vider to access conduit installed pursuant 

18 to this paragraph. Fees in such schedule— 

19 (I) shall be consistent with the 

20 fees established pursuant to section 

21 224 of the Communications Act of 

22 1934 (47 U.S.C. 224); 

23 (II) may vary by topography, lo24 cation, type of road, rurality, and 


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1 other factors in the determination of 

2 the State; and 

3 (III) may be updated not more 

4 frequently than annually. 

5 (iii) IN-KIND COMPENSATION.—The 

6 State department of transportation may 

7 negotiate in-kind compensation with any 

8 broadband provider requesting access to 

9 broadband conduit installed under the pro10 visions of this paragraph as a replacement 

11 for part or all of, but not to exceed, the 

12 relevant fee in the fee schedule described 

13 in clause (ii). 

14 (iv) SAFETY CONSIDERATIONS.—The 

15 State department of transportation shall 

16 require of broadband providers a process 

17 for safe access to the highway right-of-way 

18 during installation and on-going mainte19 nance of the broadband fiber optic cables 

20 including a traffic control safety plan. 

21 (v) COMMUNICATION.—A broadband 

22 provider with access to the conduit in23 stalled pursuant to this subsection shall 

24 notify and receive permission from the rel25 evant agencies of State responsible for the 


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1 installation of such broadband conduit 

2 prior to accessing any highway or highway 

3 right-of-way. 

4 (E) TREATMENT OF PROJECTS.—Notwith5 standing any other provision of law, broadband 

6 conduit and broadband infrastructure installa7 tion projects under this paragraph shall comply 

8 with section 113(a) of title 23, United States 

9 Code. 

10 (F) WAIVER AUTHORITY.— 

11 (i) IN GENERAL.—A State department 

12 of transportation may waive the required 

13 installation of broadband conduit for part 

14 or all of any covered highway construction 

15 project under this paragraph if, in the de16 termination of the State— 

17 (I) broadband infrastructure, ter18 restrial broadband infrastructure, aer19 ial broadband fiber cables, or 

20 broadband conduit is present near a 

21 majority of the length of the covered 

22 highway construction project; 

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1 way construction project by 1.5 per2 cent or greater; 

3 (III) the installation of 

4 broadband conduit associated with 

5 covered highway construction project 

6 will not be utilized or connected to fu7 ture broadband infrastructure in the 

8 next 20 years, in the determination of 

9 the State department of transpor10 tation, in consultation with appro11 priate State agencies and potentially 

12 affected local governments and Tribal 

13 governments; 

14 (IV) the requirements of this 

15 paragraph would require installation 

16 of conduit redundant with a dig once 

17 requirement of a local or Tribal gov18 ernment; 

19 (V) there exists a circumstance 

20 involving force majeure; or 

21 (VI) other relevant factors, as de22 termined by the Secretary in consulta23 tion with the NTIA Administrator 

24 through regulation, warrant a waiver. 


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1 (ii) CONTENTS OF WAIVER.—A waiver 

2 authorized under this subparagraph 

3 shall— 

4 (I) identify the covered highway 

5 construction project; and 

6 (II) include a brief description of 

7 the determination of the State for 

8 issuing such waiver. 

9 (iii) AVAILABILITY OF WAIVER.—A 

10 waiver authorized under this subparagraph 

11 shall be included in the plans, specifica12 tions, and estimates for the associated 

13 project, as long as such info is publicly 

14 available. 

15 (4) PRIORITY.—If a State provides for the in16 stallation of broadband infrastructure in the right17 of-way of an applicable Federal-aid highway project 

18 under this subsection, the State department of 

19 transportation, along with appropriate State agen20 cies, shall carry out appropriate measures to ensure 

21 that any existing broadband providers are afforded 

22 equal opportunity access, as compared to other 

23 broadband providers, with respect to the program 

24 under this subsection. 


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1 (5) CONSULTATION.—In promulgating regula2 tions required by this subsection or to implement 

3 any part of this section, the Secretary shall con4 sult— 

5 (A) the NTIA Administrator; 

6 (B) the Federal Communications Commis7 sion; 

8 (C) State departments of transportation; 

9 (D) appropriate State agencies; 

10 (E) agencies of local governments respon11 sible for transportation and rights-of-way, utili12 ties, and telecommunications and broadband; 

13 (F) Tribal governments; 

14 (G) broadband providers; and 

15 (H) manufacturers of optical fiber, con16 duit, pull tape, and related items. 

17 (6) PROHIBITION ON UNFUNDED MANDATE.— 

18 (A) IN GENERAL.—This subsection shall 

19 apply only to activities for which Federal obli20 gations or expenditures are initially approved 

21 on or after the date regulations required under 

22 this subsection take effect. 

23 (B) NO MANDATE.—Absent an available 

24 and dedicated Federal source of funding— 


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1 (i) nothing in this subsection estab2 lishes a mandate or requirement that a 

3 State install broadband conduit in a high4 way right-of-way; and 

5 (ii) nothing in paragraph (3) shall es6 tablish any requirement for a State. 

7 (7) RULES OF CONSTRUCTION.— 

8 (A) STATE LAW.—Nothing in this sub9 section shall be construed to require a State to 

10 install or allow the installation of broadband 

11 conduit or broadband infrastructure— 

12 (i) that is otherwise inconsistent with 

13 what is allowable under State law; or 

14 (ii) where the State lacks the author15 ity or property easement necessary for 

16 such installation. 

17 (B) NO REQUIREMENT FOR INSTALLATION

18 OF MOBILE SERVICES EQUIPMENT.—Nothing in 

19 this section shall be construed to require a 

20 State, a municipal government incorporated 

21 under State law, or an Indian Tribe to install 

22 or allow for the installation of equipment essen23 tial for the provision of commercial mobile serv24 ices (as defined in section 332(d) of the Com25 munications Act of 1934 (47 U.S.C. 332(d))) 


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1 or commercial mobile data service (as defined in 

2 section 6001 of the Middle Class Tax Relief 

3 and Job Creation Act of 2012 (47 U.S.C. 

4 1401)), other than broadband conduit and asso5 ciated equipment described in paragraph 

6 (3)(B). 

7 (c) RELATION TO STATE DIG ONCE REQUIRE8 MENTS.—Nothing in subsection (b) or any regulations 

9 promulgated under subsection (b) shall be construed to 

10 alter or supersede any provision of a State law or regula11 tion that provides for a dig once requirement that includes 

12 similar or more stringent requirements to the provisions 

13 of subsection (b) and any regulations promulgated under 

14 this subsection (b). 

15 (d) DIG ONCE FUNDING TASK FORCE.— 

16 (1) ESTABLISHMENT.—There is established an 

17 independent task force on funding the nationwide 

18 dig once requirement described in this section to be 

19 known as the ‘‘Dig Once Funding Task Force’’ 

20 (hereinafter referred to as the ‘‘Task Force’’). 

21 (2) DUTIES.—The duties of the Task Force 

22 shall be to— 

23 (A) estimate the annual cost for imple24 menting and administering a nationwide dig 

25 once requirement; and 


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1 (B) propose and evaluate options for fund2 ing a nationwide dig once requirement described 

3 in this section that includes— 

4 (i) a discussion of the role and poten5 tial share of costs of— 

6 (I) the Federal Government; 

7 (II) State, local, and Tribal gov8 ernments; and 

9 (III) broadband providers; and 

10 (ii) consideration of the role of exist11 ing dig once requirements of State, local, 

12 and Tribal governments and private 

13 broadband investment, with a goal to not 

14 discourage or disincentivize such dig once 

15 requirements or such investment. 

16 (3) REPORTS.— 

17 (A) INTERIM REPORT AND BRIEFING.— 

18 Not later than 9 months after the date of en19 actment of this Act, the Task Force shall sub20 mit an interim report to Congress and provide 

21 briefings for Congress on the findings of the 

22 Task Force. 

23 (B) FINAL REPORT.—Not later than 12 

24 months after the date of enactment of this Act, 


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1 the Task Force shall submit a final report to 

2 Congress on the findings of the Task Force. 

3 (4) MEMBERS.— 

4 (A) APPOINTMENTS.—The Task Force 

5 shall consist of 14 members, consisting of— 

6 (i) the 2 co-chairs described in sub7 paragraph (B); 

8 (ii) 6 members jointly appointed by 

9 the Speaker and minority leader of the 

10 House of Representatives, in consultation 

11 with the respective Chairs and Ranking 

12 Members of the— 

13 (I) the Committee on Transpor14 tation and Infrastructure of the 

15 House of Representatives; 

16 (II) the Committee on Energy 

17 and Commerce of the House of Rep18 resentatives; and 

19 (III) the Committee on Appro20 priations of the House of Representa21 tives; and 

22 (iii) 6 members jointly appointed by 

23 the majority leader and minority leader of 

24 the Senate, in consultation with the respec25 tive Chairs and Ranking Members of— 


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1 (I) the Committee on Environ2 ment and Public Works of the Senate; 

3 (II) the Committee on Com4 merce, Science, and Transportation of 

5 the Senate; and 

6 (III) the Committee on Appro7 priations of the Senate. 

8 (B) CO-CHAIRS.—The Task Force shall be 

9 co-chaired by the Secretary and the NTIA Ad10 ministrator, or their designees. 

11 (C) COMPOSITION.—The Task Force shall 

12 include at least— 

13 (i) 1 representative from a State de14 partment of transportation; 

15 (ii) 1 representative from a local gov16 ernment; 

17 (iii) 1 representative from a Tribal 

18 government; 

19 (iv) 1 representative from a 

20 broadband provider; 

21 (v) 1 representative from a State or 

22 local broadband provider; and 

23 (vi) 1 representative from a public in24 terest organization. 


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1 (D) APPOINTMENT DEADLINE.—Members 

2 shall be appointed to the Task Force not later 

3 than 60 days after the date of enactment of 

4 this Act. 

5 (E) EFFECT OF LACK OF APPOINTMENT

6 BY APPOINTMENT DATE.—If 1 or more appoint7 ments required under subparagraph (A) is not 

8 made by the appointment date specified in sub9 paragraph (D), the authority to make such ap10 pointment or appointments shall expire and the 

11 number of members of the Task Force shall be 

12 reduced by the number equal to the number of 

13 appointments so expired. 

14 (F) TERMS.—Members shall be appointed 

15 for the life of the Task Force. A vacancy in the 

16 Task Force shall not affect its powers and shall 

17 be filled in the same manner as the initial ap18 pointment was made. 

19 (5) CONSULTATIONS.—In carrying out the du20 ties required under this subsection, the Task Force 

21 shall consult, at a minimum— 

22 (A) the Federal Communications Commis23 sion; 

24 (B) agencies of States including— 


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1 (i) State departments of transpor2 tation; and 

3 (ii) appropriate State agencies; 

4 (C) agencies of local governments respon5 sible for transportation and rights of way, utili6 ties, and telecommunications and broadband; 

7 (D) Tribal governments; 

8 (E) broadband providers and other tele9 communications providers; and 

10 (F) State or local broadband providers and 

11 Tribal governments that act as broadband pro12 viders. 

13 (6) ADDITIONAL PROVISIONS.— 

14 (A) EXPENSES FOR NON-FEDERAL MEM15 BERS.—Non-Federal members of the Task 

16 Force shall be allowed travel expenses, includ17 ing per diem in lieu of subsistence, at rates au18 thorized for employees under subchapter I of 

19 chapter 57 of title 5, United States Code, while 

20 away from their homes or regular places of 

21 business in the performance of services for the 

22 Task Force. 

23 (B) STAFF.—Staff of the Task Force shall 

24 comprise detailees with relevant expertise from 

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1 tional Telecommunications and Information Ad2 ministration, or another Federal agency the co3 chairpersons consider appropriate, with the con4 sent of the head of the Federal agency, and 

5 such detailee shall retain the rights, status, and 

6 privileges of his or her regular employment 

7 without interruption. 

8 (C) ADMINISTRATIVE ASSISTANCE.—The 

9 Secretary and NTIA Administrator shall pro10 vide to the Task Force on a reimbursable basis 

11 administrative support and other services for 

12 the performance of the functions of the Task 

13 Force. 

14 (7) TERMINATION.—The Task Force shall ter15 minate not later than 90 days after issuance of the 

16 final report required under paragraph (3)(B). 

Æ 


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