I 

117TH CONGRESS 

1ST SESSION H. R. 3703 

To facilitate the installation of broadband infrastructure, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2021 

Ms. ESHOO (for herself, Mr. MCKINLEY, and Mr. DELGADO) 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 2021’’. 

6 SEC. 2. DIG ONCE FOR BROADBAND INFRASTRUCTURE DE7 PLOYMENT. 

8 (a) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE STATE AGENCY.—The term 

10 ‘‘appropriate State agency’’ means a State governVerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703

pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 3703 IH

1 mental agency that is recognized by the executive 

2 branch of the State as having the experience nec3 essary to evaluate and facilitate the installation and 

4 operation of broadband infrastructure within the 

5 State. 

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

7 the meaning given the term ‘‘advanced telecommuni8 cations capability’’ in section 706 of the Tele9 communications Act of 1996 (47 U.S.C. 1302). 

10 (3) BROADBAND CONDUIT.—The term 

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

12 for fiber optic cables (or successor technology of 

13 greater quality and speed) that supports the provi14 sion of broadband. 

15 (4) BROADBAND INFRASTRUCTURE.—The term 

16 ‘‘broadband infrastructure’’ means any buried or un17 derground facility and any wireless or wireline con18 nection that enables the provision of broadband. 

19 (5) BROADBAND PROVIDER.—The term 

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

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; 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 3703 IH

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 

11 funded under title 23, United States Code, and 

12 administered by a State department of trans13 portation to construct a new highway or an ad14 ditional lane for an existing highway, to recon15 struct an existing highway, or new construction, 

16 including construction of a paved shoulder. 

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

18 highway construction project’’ excludes any 

19 project— 

20 (i) awarded before the date on which 

21 regulations required under subsection (b) 

22 take effect; 

23 (ii) that does not include work beyond 

24 the edge of pavement or current paved 

25 shoulder; 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 3703 IH

1 (iii) that is less than a mile in length; 

2 or 

3 (iv) that is— 

4 (I) a project primarily for resur5 facing, restoration, rehabilitation, or 

6 maintenance; 

7 (II) a bicycle, pedestrian, trans8 portation alternatives, sidewalk, rec9 reational trails, or safe routes to 

10 school project; 

11 (III) an operational improvement 

12 (as such term is defined in section 

13 101 of title 23, United States Code); 

14 (IV) a project primarily to install 

15 signage; or 

16 (V) a culvert project. 

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

18 once requirement’’ means a requirement designed to 

19 reduce the cost and accelerate the deployment of 

20 broadband by minimizing the number and scale of 

21 repeated excavations for the installation and mainte22 nance of broadband conduit or broadband infrastruc23 ture in rights-of-way. 

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

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


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 3703 IH

1 the Indian Self-Determination and Education Assist2 ance Act (25 U.S.C. 5304(e)). 

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

4 Administrator’’ means the Assistant Secretary of 

5 Commerce for Communications and Information. 

6 (10) PROJECT.—The term ‘‘project’’ has the 

7 meaning given such term in section 101 of title 23, 

8 United States Code. 

9 (11) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of Transportation. 

11 (12) STATE.—The term ‘‘State’’ has the mean12 ing given such term in section 401 of title 23, 

13 United States Code. 

14 (13) STATE OR LOCAL BROADBAND PRO15 VIDER.—The term ‘‘State or local broadband pro16 vider’’ means a State or political subdivision thereof, 

17 or any agency, authority, or instrumentality of a 

18 State or political subdivision thereof, that provides 

19 broadband to any person or facilitates the provision 

20 of broadband to any person in such State. 

21 (b) DIG ONCE REQUIREMENT.—Not later than 12 

22 months after the date of enactment of this Act, to facili23 tate the installation of broadband infrastructure, the Sec24 retary shall issue such regulations as may be necessary 

25 to ensure that each State that receives funds under chapVerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703

pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 3703 IH

1 ter 1 of title 23, United States Code, complies with the 

2 following provisions: 

3 (1) BROADBAND PLANNING AND NOTICE.—The 

4 State department of transportation, in consultation 

5 with appropriate State agencies, shall— 

6 (A) review existing State broadband plans, 

7 including existing dig once requirements of the 

8 State, municipal governments incorporated 

9 under State law, and Indian tribes within the 

10 State, to determine opportunities to coordinate 

11 covered highway construction projects occurring 

12 within or across highway rights-of-way with 

13 planned broadband infrastructure projects; 

14 (B) identify a broadband coordinator, who 

15 may have additional responsibilities in the State 

16 department of transportation or in another 

17 State agency, that is responsible for facilitating 

18 the broadband infrastructure right-of-way ef19 forts within the State; and 

20 (C) establish a process— 

21 (i) for the registration of broadband 

22 providers that seek to be included in the 

23 advance notification of, and opportunity to 

24 participate in, broadband infrastructure 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 3703 IH

1 right-of-way facilitation efforts within the 

2 State; and 

3 (ii) to electronically notify all 

4 broadband providers registered under 

5 clause (i)— 

6 (I) of the State transportation 

7 improvement program on at least an 

8 annual basis; and 

9 (II) of covered highway construc10 tion projects within the highway right11 of-way for which Federal funding is 

12 expected to be obligated in the subse13 quent fiscal year. 

14 (2) COORDINATION AND COMPLIANCE.— 

15 (A) MOBILE NOW ACT.—A State depart16 ment of transportation shall be considered to 

17 meet the requirements of subparagraphs (B) 

18 and (C) of paragraph (1) if such State depart19 ment of transportation has been determined to 

20 be in compliance with the requirements estab21 lished under section 607 of division P of the 

22 Consolidated Appropriations Act, 2018 (47 

23 U.S.C. 1504). 

24 (B) WEBSITE.—A State department of 

25 transportation shall be considered to meet the 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•HR 3703 IH

1 requirements of paragraph (1)(C) if the State 

2 publishes on a public website— 

3 (i) the State transportation improve4 ment program on at least an annual basis; 

5 and 

6 (ii) covered highway construction 

7 projects within the highway right-of-way 

8 for which Federal funding is expected to be 

9 obligated in the subsequent fiscal year. 

10 (C) COORDINATION.—The State depart11 ment of transportation, in consultation with ap12 propriate State agencies, shall by rule or regu13 lation establish a process for a broadband pro14 vider to commit to installing broadband conduit 

15 or broadband infrastructure as part of any cov16 ered highway construction project. 

17 (D) APPROPRIATE STATE AGENCY.—In 

18 lieu of the State department of transportation, 

19 at the discretion of the State, an appropriate 

20 State agency, in consultation with the State de21 partment of transportation, may carry out the 

22 requirements of paragraph (1). 

23 (3) REQUIRED INSTALLATION OF BROADBAND

24 CONDUIT.— 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•HR 3703 IH

1 (A) IN GENERAL.—The State department 

2 of transportation shall install broadband con3 duit, in accordance with this paragraph (except 

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

5 any covered highway construction project, un6 less a broadband provider has committed to in7 stall broadband conduit or broadband infra8 structure as part of such project in a process 

9 described under paragraph (2)(C). 

10 (B) INSTALLATION REQUIREMENTS.—In 

11 installing broadband conduit or broadband in12 frastructure as part of a covered highway con13 struction project, the State department of 

14 transportation shall ensure that— 

15 (i) installation pursuant to this para16 graph of broadband conduit, broadband in17 frastructure, and means or points of access 

18 to such conduit or infrastructure (such as 

19 poles, hand holes, manholes, pull tape, or 

20 ducts) shall provide for the current and fu21 ture safe operation of the traveled way, is 

22 consistent with part 645 of title 23, Code 

23 of Federal Regulations, and any accommo24 dation policies of the State under such 

25 part to reasonably enable deployment of 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•HR 3703 IH

1 such conduit, infrastructure, and means or 

2 points of access, and any Damage Preven3 tion and Underground Facilities Protection 

4 or related requirements of the State; 

5 (ii) an appropriate number of 

6 broadband conduits, as determined in con7 sultation with the appropriate State agen8 cies, are installed along the right-of-way of 

9 a covered highway construction project to 

10 accommodate multiple broadband pro11 viders, with consideration given to the 

12 availability of existing broadband conduits; 

13 (iii) the size of each broadband con14 duit is consistent with industry best prac15 tices, consistent with the requirements of 

16 part 645 of title 23, Code of Federal Regu17 lations, and sufficient to accommodate an18 ticipated demand, as determined in con19 sultation with the appropriate State agen20 cies; 

21 (iv) any 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 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•HR 3703 IH

1 agencies (which may differ by type of road, 

2 topologies, and rurality) the requirements 

3 of part 645 of title 23, Code of Federal 

4 Regulations, and other applicable safety re5 quirements; 

6 (v) each broadband conduit installed 

7 pursuant to this paragraph includes a pull 

8 tape and is capable of supporting fiber 

9 optic cable placement techniques consistent 

10 with best practices and the requirements of 

11 part 645 of title 23, Code of Federal Regu12 lations; 

13 (vi) broadband conduit is placed at a 

14 depth consistent with requirements of the 

15 covered highway construction project and 

16 best practices and that, in determining the 

17 depth of placement, consideration is given 

18 to the location of existing utilities and 

19 cable separation requirements of State and 

20 local electrical codes; and 

21 (vii) installation of broadband conduit 

22 shall not preclude the installation of other 

23 specific socially, environmentally, or eco24 nomically beneficial uses of the right-ofVerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703

pbinns on DSKJLVW7X2PROD with BILLS
12 

•HR 3703 IH

1 way, such as planned energy transmission 

2 or renewable energy generation projects. 

3 (C) PROGRAMMATIC REVIEW.—The State 

4 department of transportation may make deter5 minations on the implementation of the require6 ments described in subparagraph (B) on a pro7 grammatic basis. 

8 (D) ACCESS.— 

9 (i) IN GENERAL.—The State depart10 ment of transportation shall ensure that 

11 any requesting broadband provider has ac12 cess to each broadband conduit installed by 

13 the State pursuant to this paragraph, on a 

14 competitively neutral and nondiscrim15 inatory basis and in accordance with State 

16 permitting, licensing, leasing, or other 

17 similar laws and regulations. 

18 (ii) SOCIALLY BENEFICIAL USE.—The 

19 installation of broadband conduit as part 

20 of a covered highway construction project 

21 shall be considered a socially-beneficial use 

22 of the right-of-way under section 156(b) of 

23 title 23, United States Code. 

24 (iii) IN-KIND COMPENSATION.—The 

25 State department of transportation may 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•HR 3703 IH

1 negotiate in-kind compensation with any 

2 broadband provider requesting access to 

3 broadband conduit installed under the pro4 visions of this paragraph. 

5 (iv) SAFETY CONSIDERATIONS.—The 

6 State department of transportation shall 

7 provide for a process for a broadband pro8 vider to safely access to the highway right9 of-way during installation and on-going 

10 maintenance of the broadband conduit and 

11 broadband infrastructure, including a traf12 fic control safety plan. 

13 (v) COMMUNICATION.—A broadband 

14 provider with access to the conduit in15 stalled pursuant to this subsection shall 

16 notify, and receive permission from, the 

17 relevant agencies of State responsible for 

18 the installation of such broadband conduit 

19 prior to accessing any highway or highway 

20 right-of-way, in accordance with applicable 

21 Federal requirements. 

22 (E) TREATMENT OF PROJECTS.—Notwith23 standing any other provision of law, broadband 

24 conduit and broadband infrastructure installa25 tion projects installed by a State under this 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•HR 3703 IH

1 paragraph shall comply with section 113(a) of 

2 title 23, United States Code. 

3 (F) WAIVER AUTHORITY.— 

4 (i) IN GENERAL.—A State department 

5 of transportation may waive the required 

6 installation of broadband conduit for part 

7 or all of any covered highway construction 

8 project under this paragraph if, in the de9 termination of the State department of 

10 transportation— 

11 (I) broadband infrastructure, ter12 restrial broadband infrastructure, aer13 ial broadband fiber cables, or 

14 broadband conduit is present near a 

15 majority of the length of the covered 

16 highway construction project; 

17 (II) installation of terrestrial or 

18 aerial broadband fiber cables associ19 ated with the covered highway con20 struction project is more appropriate 

21 for the context or a more cost-effec22 tive means to facilitate broadband 

23 service to an area not adequately 

24 served by broadband and such instal25 lation is present or planned; 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•HR 3703 IH

1 (III) the installation of 

2 broadband conduit increases overall 

3 costs of a covered highway construc4 tion project by 1.5 percent or greater; 

5 (IV) the installation of 

6 broadband conduit associated with the 

7 covered highway construction project 

8 is not reasonably expected to be uti9 lized or connected to future 

10 broadband infrastructure in the 20 

11 years following the date on which such 

12 determination is made, as determined 

13 by the State department of transpor14 tation, in consultation with appro15 priate State agencies and potentially 

16 affected local governments and Indian 

17 tribes; 

18 (V) the requirements of this 

19 paragraph would require installation 

20 of conduit redundant with a dig once 

21 requirement of a local government or 

22 Indian tribe; 

23 (VI) there exists a circumstance 

24 involving force majeure; or 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•HR 3703 IH

1 (VII) the installation of conduit 

2 is not appropriate based on other rel3 evant factors established by the Sec4 retary in consultation with the NTIA 

5 Administrator through regulation. 

6 (ii) CONTENTS OF WAIVER.—A waiver 

7 authorized under this subparagraph 

8 shall— 

9 (I) identify the covered highway 

10 construction project; and 

11 (II) include a brief description of 

12 the determination of the State for 

13 issuing such waiver. 

14 (iii) AVAILABILITY OF WAIVER.—Noti15 fication of a waiver authorized under this 

16 subparagraph shall be made publicly avail17 able, such as on a public website of the 

18 State department of transportation de19 scribed in paragraph (2)(B). 

20 (iv) WAIVER DETERMINATION.— 

21 (I) IN GENERAL.—The State de22 partment of transportation shall be 

23 responsible for the waiver determina24 tion described under this paragraph, 

25 consistent with the regulation issued 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•HR 3703 IH

1 pursuant to this subsection, and may 

2 grant a programmatic waiver for cat3 egories of projects excluded under this 

4 subparagraph. 

5 (II) NO PRIVATE CAUSE OF AC6 TION.—The waiver determination de7 scribed under this paragraph shall be 

8 final and conclusive. Nothing in this 

9 section shall provide a private right or 

10 cause of action to challenge such de11 termination in any court of law. 

12 (4) PRIORITY.—If a State provides for the in13 stallation of broadband infrastructure or broadband 

14 conduit in the right-of-way of a covered highway 

15 construction project, the State department of trans16 portation, along with appropriate State agencies, 

17 shall carry out appropriate measures to ensure that 

18 an existing broadband provider is afforded access 

19 that is non-discriminatory, competitively neutral, 

20 and equal in opportunity, as compared to other 

21 broadband providers, with respect to the program 

22 under this subsection. 

23 (c) GUIDANCE FOR THE INSTALLATION OF

24 BROADBAND CONDUIT.—The Secretary, in consultation 

25 with the NTIA Administrator, shall issue guidance for 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•HR 3703 IH

1 best practices related to the installation of broadband con2 duit as described in subsection (b)(2) and of conduit and 

3 similar infrastructure for intelligent transportation sys4 tems (as such term is defined in section 501 of title 23, 

5 United States Code) that may utilize broadband conduit 

6 installed pursuant to subsection (b)(2). 

7 (d) CONSULTATION.— 

8 (1) IN GENERAL.—In issuing regulations re9 quired by this subsection or to implement any part 

10 of this section, the Secretary shall consult— 

11 (A) the NTIA Administrator; 

12 (B) the Federal Communications Commis13 sion; 

14 (C) State departments of transportation; 

15 (D) appropriate State agencies; 

16 (E) agencies of local governments respon17 sible for transportation and rights-of-way, utili18 ties, and telecommunications and broadband; 

19 (F) Indian tribes; 

20 (G) broadband providers; and 

21 (H) manufacturers of optical fiber, con22 duit, pull tape, and related items. 

23 (2) BROADBAND USERS.—The Secretary shall 

24 ensure that the entities consulted under subpara25 graphs (C) through (F) of paragraph (1) include enVerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703

pbinns on DSKJLVW7X2PROD with BILLS
19 

•HR 3703 IH

1 tities that have expertise with rural areas and popu2 lations with limited access to broadband infrastruc3 ture. 

4 (3) BROADBAND PROVIDERS.—The Secretary 

5 shall ensure that the entities consulted under sub6 paragraph (G) of paragraph (1) include entities that 

7 provide broadband to rural areas and populations 

8 with limited access to broadband infrastructure. 

9 (e) OVERSIGHT.— 

10 (1) IN GENERAL.—The Secretary shall periodi11 cally review compliance with the regulations issued 

12 pursuant to this section and ensure that State waiv13 er determinations are consistent with such regula14 tions. 

15 (2) EFFICIENT REVIEW.—The review described 

16 under paragraph (1) may be carried out through the 

17 risk-based stewardship and oversight program de18 scribed under section 106(g) of title 23, United 

19 States Code. 

20 (3) EFFECT OF SUBSECTION.—Nothing in this 

21 subsection shall affect or discharge any oversight re22 sponsibility of the Secretary specifically provided for 

23 under title 23, United States Code, or any other 

24 Federal law. 

25 (f) ADDITIONAL PROVISIONS.— 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•HR 3703 IH

1 (1) APPLICABILITY.— 

2 (A) IN GENERAL.—The portion of the reg3 ulation issued pursuant to subsection (b) relat4 ing to the provisions under paragraph (3) of 

5 such subsection shall not take effect until a 

6 source of dedicated funding for the installation 

7 and long term maintenance of broadband con8 duit described in subsection (g)(2) is estab9 lished. 

10 (B) APPLICABILITY DATE.—Paragraphs 

11 (2) through (4) of subsection (b) and subsection 

12 (d) shall apply only to covered highway con13 struction projects for which Federal obligations 

14 or expenditures are initially approved on or 

15 after the date on which regulations required 

16 under this subsection take effect. 

17 (2) RULES OF CONSTRUCTION.— 

18 (A) STATE LAW.—Nothing in this sub19 section shall be construed to require a State to 

20 install or allow the installation of broadband 

21 conduit or broadband infrastructure— 

22 (i) that is otherwise inconsistent with 

23 what is allowable under State law; or 

24 (ii) where the State lacks the author25 ity for such installation, such as any propVerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703

pbinns on DSKJLVW7X2PROD with BILLS
21 

•HR 3703 IH

1 erty right or easement necessary for such 

2 installation. 

3 (B) NO REQUIREMENT FOR INSTALLATION

4 OF MOBILE SERVICES EQUIPMENT.—Nothing in 

5 this section shall be construed to require a 

6 State, a municipal government incorporated 

7 under State law, or an Indian Tribe to install 

8 or allow for the installation of equipment essen9 tial for the provision of commercial mobile serv10 ices (as defined in section 332(d) of the Com11 munications Act of 1934 (47 U.S.C. 332(d))) 

12 or commercial mobile data service (as defined in 

13 section 6001 of the Middle Class Tax Relief 

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

15 1401)), other than broadband conduit and asso16 ciated equipment described in paragraph 

17 (3)(B). 

18 (3) RELATION TO STATE DIG ONCE REQUIRE19 MENTS.—Nothing in subsections (b), (c), (d), or (e) 

20 or any regulations issued pursuant to subsection (b) 

21 shall be construed to alter or supersede any provi22 sion of a State law or regulation that provides for 

23 a dig once requirement that includes similar or more 

24 stringent requirements to the provisions of subVerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703

pbinns on DSKJLVW7X2PROD with BILLS
22 

•HR 3703 IH

1 sections (b), (c), (d), or (e) and any regulations pro2 mulgated under subsection (b). 

3 (g) DIG ONCE FUNDING TASK FORCE.— 

4 (1) ESTABLISHMENT.—The Secretary and the 

5 NTIA Administrator shall jointly establish an inde6 pendent task force on funding the nationwide dig 

7 once requirement described in this section to be 

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

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

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

11 shall be to— 

12 (A) estimate the annual cost for imple13 menting, administering, and maintaining a na14 tionwide dig once requirement; 

15 (B) propose and evaluate options for fund16 ing a nationwide dig once requirement described 

17 in this section that includes— 

18 (i) a discussion of the role and poten19 tial share of costs of— 

20 (I) the Federal Government; 

21 (II) State and local governments 

22 and Indian tribes; and 

23 (III) broadband providers install24 ing broadband conduit or broadband 

25 infrastructure under this section; 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•HR 3703 IH

1 (ii) consideration of the role of exist2 ing dig once requirements on States, local 

3 governments, and Indian tribes and the 

4 role of private broadband investment, with 

5 a goal to not discourage or disincentivize 

6 such dig once requirements or such invest7 ment; and 

8 (iii) evaluating the appropriate entity 

9 or entities responsible for maintaining the 

10 broadband infrastructure and conduit in11 stalled pursuant to a dig once requirement; 

12 and 

13 (C) propose a cost-based model fee sched14 ule for a State to charge a broadband provider 

15 to access and use conduit installed by such 

16 State pursuant to this section that— 

17 (i) shall consider costs (including ad18 ministrative costs) associated with installa19 tion and long-term maintenance of the 

20 broadband conduit installed pursuant to 

21 this section; 

22 (ii) may vary by topography, location, 

23 type of road, rurality, and other factors; 

24 and 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•HR 3703 IH

1 (iii) may consider financial and mar2 ket incentives for expanding broadband in3 frastructure. 

4 (3) REPORTS.— 

5 (A) INTERIM REPORT AND BRIEFING.— 

6 Not later than 9 months after the appointment 

7 of Members to the Task Force under paragraph 

8 (4)(D), the Task Force shall— 

9 (i) submit to Congress an interim re10 port on the findings of the Task Force; 

11 and 

12 (ii) provide briefings for Congress on 

13 the findings of the Task Force. 

14 (B) FINAL REPORT.—Not later than 3 

15 months after the submission of the interim re16 port under subparagraph (A), the Task Force 

17 shall submit to Congress a final report on the 

18 findings of the Task Force. 

19 (4) MEMBERS.— 

20 (A) APPOINTMENTS.—The Task Force 

21 shall consist of 14 members, comprising— 

22 (i) 2 co-chairs described in subpara23 graph (B); 

24 (ii) 6 members jointly appointed by 

25 the Speaker and minority leader of the 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•HR 3703 IH

1 House of Representatives, in consultation 

2 with the respective Chairs and Ranking 

3 Members of— 

4 (I) the Committee on Transpor5 tation and Infrastructure of the 

6 House of Representatives; 

7 (II) the Committee on Energy 

8 and Commerce of the House of Rep9 resentatives; and 

10 (III) the Committee on Appro11 priations of the House of Representa12 tives; and 

13 (iii) 6 members jointly appointed by 

14 the majority leader and minority leader of 

15 the Senate, in consultation with the respec16 tive Chairs and Ranking Members of— 

17 (I) the Committee on Environ18 ment and Public Works of the Senate; 

19 (II) the Committee on Com20 merce, Science, and Transportation of 

21 the Senate; and 

22 (III) the Committee on Appro23 priations of the Senate. 

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

25 co-chaired by the Secretary and the NTIA AdVerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703

pbinns on DSKJLVW7X2PROD with BILLS
26 

•HR 3703 IH

1 ministrator, or the designees of the Secretary 

2 and NTIA Administrator. 

3 (C) COMPOSITION.—The Task Force shall 

4 include at least— 

5 (i) 1 representative from a State de6 partment of transportation; 

7 (ii) 1 representative from a local gov8 ernment; 

9 (iii) 1 representative from an Indian 

10 tribe; 

11 (iv) 1 representative from a 

12 broadband provider; 

13 (v) 1 representative from a State or 

14 local broadband provider; 

15 (vi) 1 representative from a labor 

16 union; and 

17 (vii) 1 representative from a public in18 terest organization. 

19 (D) APPOINTMENT DEADLINE.—Members 

20 shall be appointed to the Task Force not later 

21 than 60 days after the date of enactment of 

22 this Act. 

23 (E) TERMS.—Members shall be appointed 

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

25 Task Force shall not affect the powers of the 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•HR 3703 IH

1 Task Force and the vacancy shall be filled in 

2 the same manner as the initial appointment was 

3 made. 

4 (5) CONSULTATIONS.—In carrying out the du5 ties required under this subsection, the Task Force 

6 shall consult, at a minimum— 

7 (A) the Federal Communications Commis8 sion; 

9 (B) agencies of States including— 

10 (i) State departments of transpor11 tation; and 

12 (ii) appropriate State agencies; 

13 (C) agencies of local governments respon14 sible for transportation and rights-of-way, utili15 ties, and telecommunications and broadband; 

16 (D) Indian tribes; 

17 (E) broadband providers and other tele18 communications providers; 

19 (F) labor unions; and 

20 (G) State or local broadband providers and 

21 Indian tribes that act as broadband providers. 

22 (6) ADDITIONAL PROVISIONS.— 

23 (A) EXPENSES FOR NON-FEDERAL MEM24 BERS.—Non-Federal members of the Task 

25 Force shall be allowed travel expenses, includVerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703

pbinns on DSKJLVW7X2PROD with BILLS
28 

•HR 3703 IH

1 ing per diem in lieu of subsistence, at rates au2 thorized for employees under subchapter I of 

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

4 away from the homes or regular places of busi5 ness of such members in the performance of 

6 services for the Task Force. 

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

8 comprise detailees with relevant expertise from 

9 the Department of Transportation and the Na10 tional Telecommunications and Information Ad11 ministration, or another Federal agency that 

12 the co-chairpersons consider appropriate, with 

13 the consent of the head of the Federal agency, 

14 and such detailees shall retain the rights, sta15 tus, and privileges of the regular employment of 

16 such detailees without interruption. 

17 (C) ADMINISTRATIVE ASSISTANCE.—The 

18 Secretary and NTIA Administrator shall pro19 vide to the Task Force on a reimbursable basis 

20 administrative support and other services for 

21 the performance of the functions of the Task 

22 Force. 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•HR 3703 IH

1 (7) TERMINATION.—The Task Force shall ter2 minate not later than 90 days after submission of 

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

Æ 


pbinns on DSKJLVW7X2PROD with BILLS