I 
111TH CONGRESS 
1ST SESSION H. R. 2428 
To amend title 23, United States Code, to direct the Secretary of Transpor-
tation to require that broadband conduit be installed as part of certain 
highway construction projects, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2009 
Ms. ESHOO (for herself, Mr. WAXMAN, Mr. BOUCHER, and Mr. MARKEY of 
Massachusetts) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To amend title 23, United States Code, to direct the Sec-
retary of Transportation to require that broadband con-
duit be installed as part of certain highway construction 
projects, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Broadband Conduit 
Deployment Act of 2009’’. 
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SEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLA-
TION IN CERTAIN HIGHWAY CONSTRUCTION 
PROJECTS. 
Chapter 3 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘§ 330. Inclusion of broadband conduit installation in 
certain highway construction projects 
‘‘(a) IN GENERAL.—The Secretary shall require 
States to install broadband conduit in accordance with this 
section as part of any 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 con-
duits, as determined by the Secretary, 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 ac-
commodate potential demand, as determined by the 
Secretary; and 
‘‘(3) hand holes and manholes for fiber access 
and pulling with respect to each such conduit are 
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placed at intervals consistent with industry best 
practices, as determined by the Secretary. 
‘‘(c) STANDARDS.—The Secretary shall establish 
standards to carry out subsection (b) that consider popu-
lation density in the area of a covered highway construc-
tion project, the type of highway involved in such project, 
and 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 sep-
aration requirements of State and local electrical codes. 
‘‘(f) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) 
BROADBAND.—The 
term 
‘broadband’ 
means an Internet Protocol-based transmission serv-
ice that enables users to send and receive voice, 
video, data, graphics, or a combination thereof. 
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‘‘(2) 
BROADBAND
CONDUIT.—The 
term 
‘broadband conduit’ means a conduit for fiber optic 
cables that support broadband or, where appro-
priate, wireless facilities for broadband service. 
‘‘(3) 
COVERED
HIGHWAY
CONSTRUCTION 
PROJECT.—The term ‘covered highway construction 
project’ means a project to construct a new highway 
or to construct an additional lane or shoulder for an 
existing highway that is commenced after the date 
of enactment of this section and that receives fund-
ing under this title. 
‘‘(g) WAIVER
AUTHORITY.—The Secretary may 
waive the application of this section or any provision there-
in if the Secretary determines such waiver appropriate 
with respect to a covered highway construction project. 
‘‘(h) COORDINATION WITH FCC.—In carrying out 
this section, the Secretary shall coordinate with the Fed-
eral Communications Commission as the Secretary deter-
mines appropriate, including in making determinations 
with respect to potential demand under subsection (b)(2) 
and existing broadband access under subsection (c).’’. 
SEC. 3. CLERICAL AMENDMENT. 
The analysis for chapter 3 of title 23, United States 
Code, is amended by adding at the end the following: 
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‘‘330. Inclusion of broadband conduit installation in certain highway construc-
tion projects.’’. 
Æ 
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