II 

115TH CONGRESS 

2D SESSION S. 2381 

To amend title 23, United States Code, to direct the Secretary of Transportation to require that broadband conduits be installed as a part of 

certain highway construction projects, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 6, 2018 

Ms. KLOBUCHAR (for herself, Mr. DAINES, Mr. GARDNER, and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend title 23, United States Code, to direct the Secretary of Transportation to require that broadband conduits be installed as a part of certain highway construction projects, 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 ‘‘Streamlining and In5 vesting in Broadband Infrastructure Act’’. 

6 SEC. 2. IMPROVING COORDINATION AT STATE LEVEL. 

7 The Administrator of the National Telecommuni8 cations and Information Administration shall develop and 


dlhill on DSK3GLQ082PROD with BILLS
2 

•S 2381 IS

1 issue best practices relating to broadband infrastructure 

2 and installation for State broadband coordination offices, 

3 with an emphasis on rural areas. 

4 SEC. 3. INCLUSION OF BROADBAND CONDUIT INSTALLA5 TION IN CERTAIN HIGHWAY CONSTRUCTION 

6 PROJECTS. 

7 (a) IN GENERAL.—Chapter 3 of title 23, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 331. Inclusion of broadband conduit installation in 

11 certain highway construction projects 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) BROADBAND.—The term ‘broadband’ 

14 means an Internet Protocol-based transmission serv15 ice that enables users to send and receive voice, 

16 video, data, or graphics, or a combination of those 

17 items. 

18 ‘‘(2) BROADBAND CONDUIT.—The term 

19 ‘broadband conduit’ means a conduit for materials 

20 that support broadband or, where appropriate, wire21 less facilities for broadband service. 

22 ‘‘(3) COVERED HIGHWAY CONSTRUCTION

23 PROJECT.—The term ‘covered highway construction 

24 project’ means a project to construct a new highway 


dlhill on DSK3GLQ082PROD with BILLS
3 

•S 2381 IS

1 or to construct an additional lane for an existing 

2 highway that— 

3 ‘‘(A) is commenced after the date of enact4 ment of this section; and 

5 ‘‘(B) receives funding under this title. 

6 ‘‘(b) REQUIREMENT.—The Secretary shall require 

7 States to install 1 or more broadband conduits in accord8 ance with this section as part of any covered highway con9 struction project. 

10 ‘‘(c) INSTALLATION REQUIREMENTS.—In carrying 

11 out subsection (b), the Secretary shall ensure, to the max12 imum extent practicable with respect to a covered highway 

13 construction project, that— 

14 ‘‘(1) an appropriate number of broadband con15 duits, as determined by the Secretary, are installed 

16 along the highway to accommodate multiple 

17 broadband providers, with consideration given to the 

18 availability of existing conduits; 

19 ‘‘(2) the size of each such conduit is consistent 

20 with industry best practices and is sufficient to ac21 commodate potential demand, as determined by the 

22 Secretary; and 

23 ‘‘(3) hand holes and manholes for fiber access 

24 and pulling with respect to each such conduit are 


dlhill on DSK3GLQ082PROD with BILLS
4 

•S 2381 IS

1 placed at intervals consistent with industry best 

2 practices, as determined by the Secretary. 

3 ‘‘(d) STANDARDS.— 

4 ‘‘(1) IN GENERAL.—In establishing standards 

5 to carry out subsection (c), the Secretary shall take 

6 into consideration— 

7 ‘‘(A) population density in the area of a 

8 covered highway construction project; 

9 ‘‘(B) the type of highway involved in the 

10 project; and 

11 ‘‘(C) existing broadband access in the area 

12 of the project. 

13 ‘‘(2) RURAL AREAS.—The Secretary shall en14 sure that the standards established to carry out sub15 section (c) apply to all areas, including rural and re16 mote areas with low population density. 

17 ‘‘(e) PULL TAPE.—Each broadband conduit installed 

18 pursuant to this section shall include a pull tape and be 

19 capable of supporting fiber optic cable placement tech20 niques consistent with industry best practices, as deter21 mined by the Secretary. 

22 ‘‘(f) ACCESS.—The Secretary shall ensure that any 

23 requesting broadband provider has access to each 

24 broadband conduit installed pursuant to this section, on 


dlhill on DSK3GLQ082PROD with BILLS
5 

•S 2381 IS

1 a competitively neutral and nondiscriminatory basis, for 

2 a charge not to exceed a cost-based rate. 

3 ‘‘(g) DEPTH OF INSTALLATION.—Each broadband 

4 conduit installed pursuant to this section shall be placed 

5 at a depth consistent with industry best practices, as de6 termined by the Secretary, after consideration is given to 

7 the location of existing utilities and the cable separation 

8 requirements of State and local electrical codes. 

9 ‘‘(h) WAIVER AUTHORITY.—The Secretary may 

10 waive the application of this section or any provision of 

11 this section if the Secretary determines that, upon a show12 ing of undue burden or that a covered highway construc13 tion project is not necessary based on the availability of 

14 existing broadband conduit infrastructure, cost-benefit 

15 analysis, or consideration of other relevant factors, the 

16 waiver is appropriate with respect to a covered highway 

17 construction project. 

18 ‘‘(i) COORDINATION WITH FCC AND NTIA ADMINIS19 TRATOR.—In carrying out this section, the Secretary shall 

20 coordinate with the Federal Communications Commission 

21 and the Administrator of the National Telecommuni22 cations and Information Administration, including with 

23 respect to determinations regarding— 

24 ‘‘(1) potential demand under subsection (c)(2); 


dlhill on DSK3GLQ082PROD with BILLS
6 

•S 2381 IS

1 ‘‘(2) existing broadband access under subsection 

2 (d)(1)(C); 

3 ‘‘(3) pull tape requirements under subsection 

4 (e); and 

5 ‘‘(4) depth-of-installation standards under sub6 section (g). 

7 ‘‘(j) REGISTRY.—Not later than 1 year after the date 

8 of enactment of this section, the Secretary shall establish 

9 and maintain a registry that contains information regard10 ing the broadband conduit projects carried out under this 

11 section.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis for 

13 chapter 3 of title 23, United States Code, is amended by 

14 adding at the end the following: 

‘‘331. Inclusion of broadband conduit installation in certain highway construction projects.’’. 

15 SEC. 4. REPORT TO CONGRESS. 

16 Not later than 2 years after the date of enactment 

17 of this Act, and every 2 years thereafter until the date 

18 that is 10 years after the date of enactment of this Act, 

19 the Secretary of Transportation shall submit to Congress 

20 a report on the implementation and installation of 

21 broadband conduit projects under section 331 of title 23, 

22 United States Code. 


dlhill on DSK3GLQ082PROD with BILLS
7 

•S 2381 IS

1 SEC. 5. TELECOMMUNICATIONS FACILITIES DEPLOYMENT. 

2 (a) IN GENERAL.—Section 6409 of the Middle Class 

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

4 1455) is amended by striking subsections (b) through (d) 

5 and inserting the following: 

6 ‘‘(b) FEDERAL LANDS.— 

7 ‘‘(1) DEFINITIONS.—In this subsection— 

8 ‘‘(A) the term ‘Administrator’ means the 

9 Administrator of General Services; 

10 ‘‘(B) the term ‘communications facility in11 stallation’ includes— 

12 ‘‘(i) any wireless or wireline infra13 structure for the transmission of writing, 

14 signs, signals, data, images, pictures, and 

15 sounds of all kinds; 

16 ‘‘(ii) the transmitting device, tower, or 

17 support structure, and any equipment, 

18 switches, wiring, cabling, power sources, 

19 shelters, or cabinets, associated with the 

20 provision of communications services; and 

21 ‘‘(iii) any antenna or apparatus 

22 that— 

23 ‘‘(I) is designed for the purpose 

24 of emitting radio frequency; 

25 ‘‘(II) is designed to be operated, 

26 or is operating, from a fixed location 


dlhill on DSK3GLQ082PROD with BILLS
8 

•S 2381 IS

1 pursuant to authorization by the 

2 Commission; and 

3 ‘‘(III) is added to a tower, build4 ing, or other structure; 

5 ‘‘(C) the term ‘covered agency’ means— 

6 ‘‘(i) the Department of Defense; 

7 ‘‘(ii) the Department of the Interior; 

8 ‘‘(iii) the Department of Agriculture; 

9 ‘‘(iv) the Department of Commerce; 

10 ‘‘(v) the Department of Transpor11 tation; 

12 ‘‘(vi) the Department of Veterans Af13 fairs; 

14 ‘‘(vii) the United States Postal Serv15 ice; 

16 ‘‘(viii) the Federal Communications 

17 Commission; 

18 ‘‘(ix) the Council on Environmental 

19 Quality; 

20 ‘‘(x) the Advisory Council on Historic 

21 Preservation; 

22 ‘‘(xi) the Department of Homeland 

23 Security; and 

24 ‘‘(xii) the Executive Office of the 

25 President; 


dlhill on DSK3GLQ082PROD with BILLS
9 

•S 2381 IS

1 ‘‘(D) the term ‘executive agency’ has the 

2 meaning given the term in section 102 of title 

3 40, United States Code; and 

4 ‘‘(E) the term ‘placement’, with respect to 

5 a communications facility installation, includes 

6 the installation, construction, modification, or 

7 maintenance of the communications facility in8 stallation. 

9 ‘‘(2) FEDERAL PROPERTY.— 

10 ‘‘(A) GRANT.—If an executive agency, a 

11 State, a political subdivision or agency of a 

12 State, or a person, firm, or organization applies 

13 for the grant of a real property interest, includ14 ing a lease, license, easement, or right-of-way, 

15 to, in, over, or on a building or other property 

16 owned by the Federal Government for the right 

17 to install, construct, modify, and maintain a 

18 communications facility installation, the execu19 tive agency that owns the building or other 

20 property on behalf of the Federal Government 

21 shall grant to the applicant, if technically fea22 sible, a real property interest to perform such 

23 installation, construction, modification, and 

24 maintenance. 

25 ‘‘(B) APPLICATIONS.— 


dlhill on DSK3GLQ082PROD with BILLS
10 

•S 2381 IS

1 ‘‘(i) MULTIPLE TENANTS.—Competi2 tive procurement requirements shall not 

3 apply to an application for a grant of a 

4 real property interest under subparagraph 

5 (A). 

6 ‘‘(ii) MULTIPLE GRANTS.—An execu7 tive agency that owns a building or other 

8 property and receives applications de9 scribed in subparagraph (A) for multiple 

10 grants of real property interests, either 

11 from the same applicant or different appli12 cants, shall provide multiple grants if tech13 nically feasible. 

14 ‘‘(iii) DETERMINATIONS.— 

15 ‘‘(I) IN GENERAL.—An executive 

16 agency that receives an application for 

17 a grant of real property interest under 

18 subparagraph (A) shall make a deter19 mination as to whether to provide the 

20 grant not later than 90 days after the 

21 date on which the application is sub22 mitted. 

23 ‘‘(II) DENIAL OF GRANT.—If an 

24 executive agency determines not to 

25 provide a grant of real property interVerDate Sep 11 2014 00:19 Feb 08, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2381.IS S2381

dlhill on DSK3GLQ082PROD with BILLS
11 

•S 2381 IS

1 est under subparagraph (A), the exec2 utive agency shall notify the applicant, 

3 in writing, of the reasons for the de4 termination. 

5 ‘‘(iv) TERM OF YEARS.—The standard 

6 term of the grant of a real property inter7 est under subparagraph (A) shall be 25 

8 years with allowances for reexamination of 

9 the fee schedule at the end of each 5-year 

10 period within the 25-year period. 

11 ‘‘(v) RENEWAL.—The grant of a real 

12 property interest shall enjoy an expectancy 

13 of renewal of the real property interest 

14 upon the expiration of the term described 

15 in clause (iv). 

16 ‘‘(C) FEES.— 

17 ‘‘(i) STANDARD FEE.— 

18 ‘‘(I) IN GENERAL.—Notwith19 standing any other provision of law, 

20 the Administrator, in consultation 

21 with the head of each covered agency, 

22 shall establish a standard fee schedule 

23 for the grant of a real property inter24 est under subparagraph (A) based on 

25 direct cost recovery. 


dlhill on DSK3GLQ082PROD with BILLS
12 

•S 2381 IS

1 ‘‘(II) INITIAL FEE.— 

2 ‘‘(aa) AMOUNT OF FEE.— 

3 The initial amount of the stand4 ard fee established under sub5 clause (I) shall be equal to the 

6 average fee charged by the Fed7 eral Government for the grant of 

8 a real property interest for the 

9 placement of a communications 

10 facility installation during the 

11 most recent 3-year period. 

12 ‘‘(bb) PUBLICATION OF PRO13 POSED FEE.—Not later than 90 

14 days after the date of enactment 

15 of the Streamlining and Investing 

16 in Broadband Infrastructure Act, 

17 the Administrator shall publish a 

18 notice in the Federal Register 

19 that— 

20 ‘‘(AA) proposes an ini21 tial amount of the standard 

22 fee under subclause (I); 

23 ‘‘(BB) describes the 

24 data on which the proposed 

25 initial amount is based; and 


dlhill on DSK3GLQ082PROD with BILLS
13 

•S 2381 IS

1 ‘‘(CC) invites public 

2 comment on the proposed 

3 initial amount. 

4 ‘‘(cc) DEADLINE FOR FINAL5 IZED STANDARD FEE.—Not later 

6 than 150 days after the date of 

7 enactment of the Streamlining 

8 and Investing in Broadband In9 frastructure Act, the Adminis10 trator shall publish a decision in 

11 the Federal Register that sets 

12 the initial amount of the stand13 ard fee. 

14 ‘‘(III) LIMIT ON ANNUAL IN15 CREASES.—During any year, the Ad16 ministrator may not increase the 

17 standard fee established under sub18 clause (I) or clause (ii) by a percent19 age that is greater than the lower 

20 of— 

21 ‘‘(aa) the percentage in22 crease in the Consumer Price 

23 Index for All Urban Consumers 

24 (all items, United States city av25 erage) published by the Bureau 


dlhill on DSK3GLQ082PROD with BILLS
14 

•S 2381 IS

1 of Labor Statistics for the most 

2 recent 12-month period; or 

3 ‘‘(bb) 3 percent. 

4 ‘‘(ii) AGENCY-SPECIFIC FEE.— 

5 ‘‘(I) IN GENERAL.—An executive 

6 agency shall charge the standard fee 

7 established by the Administrator 

8 under clause (i) for a grant of a real 

9 property interest unless, not later 

10 than 90 days after the date on which 

11 the Administrator publishes the 

12 amount of the finalized initial fee 

13 under clause (i)(II)(cc), the executive 

14 agency establishes an agency-specific 

15 fee in an amount that is equal to the 

16 average fee charged by the executive 

17 agency for the placement of a commu18 nications facility installation during 

19 the most recent 3-year period. 

20 ‘‘(II) PUBLIC COMMENT.—Dur21 ing the process of establishing an 

22 agency-specific fee under subclause 

23 (I), an executive agency shall— 


dlhill on DSK3GLQ082PROD with BILLS
15 

•S 2381 IS

1 ‘‘(aa) make a description of 

2 the data on which the fee is 

3 based publically available; and 

4 ‘‘(bb) allow opportunity for 

5 public comment. 

6 ‘‘(iii) ENTIRETY OF FEES.—The Ad7 ministrator or an executive agency may not 

8 charge any additional fee for the grant of 

9 a real property interest for the placement 

10 of a communications facility installation 

11 other than what has been established in 

12 the standard fee under clause (i) or an 

13 agency-specific fee established under clause 

14 (ii). 

15 ‘‘(iv) WAIVERS.—In consideration of 

16 the public benefit provided by a grant of a 

17 real property interest under subparagraph 

18 (A), the Administrator or an executive 

19 agency may grant a full or partial waiver 

20 of the fee required under clause (i) or (ii). 

21 ‘‘(v) USE OF FEES COLLECTED.—Any 

22 fee amount collected under this paragraph 

23 for the grant of a real property interest by 

24 an executive agency under subparagraph 

25 (A) shall be made available, as provided in 


dlhill on DSK3GLQ082PROD with BILLS
16 

•S 2381 IS

1 appropriations Acts, to the executive agen2 cy to cover the cost of granting the real 

3 property interest. 

4 ‘‘(3) MASTER CONTRACTS FOR COMMUNICA5 TIONS FACILITY INSTALLATIONS.— 

6 ‘‘(A) IN GENERAL.—Notwithstanding sec7 tion 704 of the Telecommunications Act of 

8 1996 or any other provision of law, the Admin9 istrator, in consultation with the head of each 

10 covered agency, shall— 

11 ‘‘(i) not later than 60 days after the 

12 date of enactment of this subsection, de13 velop and adopt 1 or more master applica14 tion forms and standard contracts, includ15 ing lease and easement contracts, for all 

16 executive agencies, that shall govern the 

17 placement of a communications facility in18 stallation to, in, over, or on a building or 

19 other property owned by the Federal Gov20 ernment; 

21 ‘‘(ii) in developing the master applica22 tion forms and standard contracts under 

23 subparagraph (A)— 

24 ‘‘(I) include in each master appli25 cation form or standard contract the 


dlhill on DSK3GLQ082PROD with BILLS
17 

•S 2381 IS

1 standard fee schedule and standard 

2 fee established under paragraph 

3 (2)(C)(i)(I); and 

4 ‘‘(II) standardize the treatment 

5 of— 

6 ‘‘(aa) the placement of a 

7 communications facility installa8 tion to, in, over, or on the roof9 top or facade of a building or in10 side a building; 

11 ‘‘(bb) the technology used in 

12 connection with a communica13 tions facility installation placed 

14 on a Federal building or other 

15 property; and 

16 ‘‘(cc) any other key issues 

17 the Administrator considers ap18 propriate; 

19 ‘‘(iii) not later than 30 days after the 

20 date on which the Administrator adopts 

21 the master application forms and standard 

22 contracts under clause (i), publish the 

23 master application forms and standard 

24 contracts in the Federal Register; and 


dlhill on DSK3GLQ082PROD with BILLS
18 

•S 2381 IS

1 ‘‘(iv) direct each executive agency to 

2 begin accepting the master application 

3 forms and standard contracts from appli4 cants not later than 30 days after the date 

5 on which the Administrator adopts the 

6 master application forms and standard 

7 contracts under clause (i). 

8 ‘‘(B) APPLICABILITY.— 

9 ‘‘(i) IN GENERAL.—Except as pro10 vided in clause (ii), the master application 

11 forms and standard contracts developed by 

12 the Administrator under subparagraph 

13 (A)(i) shall apply to each building or other 

14 property owned by the Federal Govern15 ment. 

16 ‘‘(ii) EXCEPTION.—If the Adminis17 trator determines that the master applica18 tion forms and standard contracts devel19 oped under subparagraph (A)(i) are not 

20 adequate for a specific building or other 

21 property, the Administrator shall— 

22 ‘‘(I) not later than 10 days after 

23 the date on which the Administrator 

24 makes the determination, provide 

25 written notification to the applicant, 


dlhill on DSK3GLQ082PROD with BILLS
19 

•S 2381 IS

1 which shall detail the reasons why the 

2 application forms and contracts are 

3 not adequate for a specific building or 

4 property; and 

5 ‘‘(II) work in coordination with 

6 the heads of the appropriate agencies 

7 to address the inadequacies and pro8 vide, not later than 60 days after the 

9 date on which the notification was 

10 provided under subclause (I), an ade11 quate application form or contract to 

12 the applicant. 

13 ‘‘(C) NEGOTIATION AND APPROVAL.—If 

14 the Administrator fails to adopt master applica15 tion forms and standard contracts as required 

16 under subparagraph (A)(i) during the 1-year 

17 period beginning on the date of enactment of 

18 the Streamlining and Investing in Broadband 

19 Infrastructure Act, beginning on the day after 

20 the expiration of that period and until the date 

21 on which the Administrator adopts such forms 

22 and contracts— 

23 ‘‘(i) an applicant for a grant of a real 

24 property interest from an executive agency 

25 under paragraph (2)(A) may use an existVerDate Sep 11 2014 00:19 Feb 08, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2381.IS S2381

dlhill on DSK3GLQ082PROD with BILLS
20 

•S 2381 IS

1 ing application form or contract with the 

2 executive agency; and 

3 ‘‘(ii) the executive agency shall accept 

4 the existing application form or contract. 

5 ‘‘(D) ESCALATION AND REVIEW.—Not 

6 later than 60 days after the date of enactment 

7 of the Streamlining and Investing in Broadband 

8 Infrastructure Act, each executive agency shall 

9 establish a supervisory review process under 

10 which an executive working group or established 

11 agency executive with negotiation and approval 

12 authority shall review any communications facil13 ity installation application, lease, or easement if 

14 an applicant requests such review. 

15 ‘‘(E) INCORPORATION OF SUBSECTION

16 (a).—An executive agency may not deny, and 

17 shall approve, any eligible facilities request (as 

18 defined in subsection (a)(2)) for a modification 

19 of an existing wireless tower or base station 

20 that does not substantially change the physical 

21 dimensions of the tower or base station. 

22 ‘‘(4) PROGRESS REPORTS.—Not later than 90 

23 days after the date of enactment of the Streamlining 

24 and Investing in Broadband Infrastructure Act, and 

25 every 2 years thereafter until the date that is 10 


dlhill on DSK3GLQ082PROD with BILLS
21 

•S 2381 IS

1 years after the date of enactment of that Act, the 

2 Administrator shall submit to the Committee on 

3 Commerce, Science, and Transportation of the Sen4 ate and the Committee on Energy and Commerce of 

5 the House of Representatives a report that de6 scribes, with respect to each executive agency— 

7 ‘‘(A) the number of sites sought in applica8 tions for the placement of a communications fa9 cility installation, including upgrades and col10 locations; 

11 ‘‘(B) the number of sites approved; and 

12 ‘‘(C) the number of sites completed.’’. 

13 (b) SAVINGS PROVISION.—Notwithstanding the 

14 amendment made by subsection (a), an executive agency 

15 may make a grant of a real property interest and may 

16 collect fees in accordance with subsection (b) of section 

17 6409 of the Middle Class Tax Relief and Job Creation 

18 Act of 2012 (47 U.S.C. 1455(b)) (as in effect on the day 

19 before the date of enactment of this Act) until the effective 

20 date of the regulations issued by the head of the executive 

21 agency to carry out the amendment made by subsection 

22 (a). 

Æ 


dlhill on DSK3GLQ082PROD with BILLS