Broadband Conduit Deployment Act of 2015

To amend title 23, United States Code, to provide for the inclusion of broadband conduit installation in certain highway construction projects, and for other purposes. 1. Short title This Act may be cited as the Broadband Conduit Deployment Act of 2015 2. Inclusion of broadband conduit installation in certain highway construction projects (a) In general Chapter 3 330. Inclusion of broadband conduit installation in certain highway construction projects (a) Requirement (1) In general The Secretary shall require States to evaluate the need for broadband conduit in accordance with this section as part of any covered highway construction project. (2) Consultation This evaluation shall be done in consultation with local and national telecommunications providers, including telecommunications service and equipment providers. (3) Results of evaluation If the evaluation reveals an anticipated need in the next 15 years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed under the hard surfaces as part of the covered highway construction project. (b) Installation requirements In carrying out subsection (a), the Secretary shall ensure with respect to a covered highway construction project that— (1) an appropriate number of broadband conduits, as determined by the Administrator of the National Telecommunications and Information Administration, are installed along such highway to accommodate multiple broadband providers, with consideration given to the availability of existing conduits; (2) the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined by the Administrator; and (3) hand holes and manholes for fiber access and pulling with respect to each such conduit are placed at intervals consistent with industry best practices, as determined by the Administrator. (c) Standards The Secretary, in consultation with the Administrator, shall establish standards, consistent with applicable requirements in section 156 of this title, section 1.23, part 645, and part 710 of title 23, Code of Federal Regulations, and the Approved Utility Accommodation Manual, to carry out subsection (b) that consider— (1) the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others; (2) population density in the area of a covered highway construction project; (3) the type of highway involved in such project; and (4) existing broadband access in the area of such project. (d) Pull tape The Secretary shall ensure that each broadband conduit installed pursuant to this section includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, as determined by the Secretary. (e) Depth of installation The Secretary shall ensure that each broadband conduit installed pursuant to this section is placed at a depth consistent with industry best practices, as determined by the Secretary, and that, in determining the depth of placement, consideration is given to the location of existing utilities and the cable separation requirements of State and local electrical codes. (f) Access The Secretary shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this section, on a competitively neutral and nondiscriminatory basis, for a charge not to exceed a cost-based rate. (g) Waiver authority The Secretary may waive the application of this section if the Secretary determines that the waiver is appropriate with respect to a covered highway construction project based upon— (1) a showing of undue burden; (2) a determination that the installation of broadband conduit beneath hard surfaces to be constructed as part of a covered highway construction project is not necessary based on the availability of existing broadband infrastructure; (3) a cost-benefit analysis; or (4) the consideration of other relevant factors. (h) Coordination with FCC In carrying out this section, the Secretary and the Administrator shall coordinate with the Federal Communications Commission, including in making determinations with respect to an appropriate number of broadband conduits under subsection (b)(1), potential demand under subsection (b)(2), and existing broadband access under subsection (c). (i) Publication of conduit availability Not later than 1 year after the date of enactment of this section, the Secretary shall provide information to the Federal Communications Commission and the Administrator for inclusion within the National Broadband Map. (j) Definitions In this section, the following definitions apply: (1) Administrator The term Administrator (2) Broadband The term broadband (3) Broadband conduit The term broadband conduit (4) Covered highway construction project The term covered highway construction project (5) Hard surfaces The term hard surfaces . (b) Clerical amendment The analysis for chapter 3 330. Inclusion of broadband conduit installation in certain highway construction projects. .

Summary: Broadband Conduit Deployment Act of 2015 This bill directs the Department of Transportation (DOT) to require states to evaluate the need for broadband conduit (fiber optic cables that support broadband or wireless facilities for broadband service) as part of any covered highway construction project (a project to construct a new highway or an additional lane or paved shoulder for an existing highway that receives funding under federal-aid highway provisions), in consultation with telecommunications providers. If the evaluation reveals a need in the next 15 years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed. DOT shall establish standards to carry out installation requirements that consider: the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others; population density in the area; the type of highway involved; and existing broadband access in the area. DOT shall ensure that: an appropriate number of broadband conduits are installed along such highway to accommodate multiple broadband providers, the size of conduit is consistent with industry best practices and sufficient to accommodate potential demand, hand holes and manholes for fiber access and pulling such conduit are placed at intervals consistent with industry best practices, installed conduit includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, installed conduit is placed at a depth consistent with industry best practices and cable separation requirements of electrical codes, and any requesting broadband provider has access to each broadband conduit installed on a competitively neutral and nondiscriminatory basis for a charge not to exceed a cost-based rate. DOT may waive the requirements of this Act upon determining that the waiver is appropriate based upon: a showing of undue burden, a determination that the installation of conduit beneath hard surfaces is not necessary based on the availability of existing broadband infrastructure, or a cost-benefit analysis.