I 
116TH CONGRESS 
1ST SESSION H. R. 2692 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2019 
Ms. ESHOO (for herself and Mr. MCKINLEY) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
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. 
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 2019’’. 
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SEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLA-
TION IN CERTAIN HIGHWAY CONSTRUCTION 
PROJECTS. 
(a) IN GENERAL.—Chapter 3 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 331. Inclusion of broadband conduit installation in 
certain highway construction projects 
‘‘(a) REQUIREMENT.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of this section, the Sec-
retary shall issue a notification and requirement to 
States that each State is required to evaluate the 
need for broadband conduit in accordance with this 
section as part of any covered highway construction 
project. 
‘‘(2) CONSULTATION.—The evaluation shall be 
done in consultation with local and national tele-
communications providers, including telecommuni-
cations service and equipment providers. 
‘‘(3) RESULTS OF EVALUATION.—If the evalua-
tion 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 in-
stalled under the hard surfaces as part of the cov-
ered highway construction project. 
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‘‘(4) DATE
OF
COMPLETION.—A State shall 
complete the evaluation described in paragraph (1) 
not later than 180 days after the date on which the 
Secretary issues the notification described in para-
graph (1) to such State. 
‘‘(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 Assistant Secretary of 
Commerce for Communications and Information, are 
installed along such highway to accommodate mul-
tiple 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 
Assistant Secretary of Commerce for Communica-
tions and Information; 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 Assistant Secretary 
of Commerce for Communications and Information. 
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‘‘(c) STANDARDS.—Not later than 90 days after the 
date of enactment of this section, the Secretary, in con-
sultation with the Assistant Secretary of Commerce for 
Communications and Information, shall establish stand-
ards, 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 in-
stallation 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.—Not later than 90 days after the 
date of enactment of this section, the Secretary shall en-
sure that each broadband conduit installed pursuant to 
this section includes a pull tape and is capable of sup-
porting fiber optic cable placement techniques consistent 
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with industry best practices, as determined by the Sec-
retary. 
‘‘(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) 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 deter-
mines that the waiver is appropriate with respect to a cov-
ered 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 con-
structed 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 
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‘‘(4) the consideration of other relevant factors. 
‘‘(h) COORDINATION WITH FCC.—In carrying out 
this section, the Secretary and the Assistant Secretary of 
Commerce for Communications and Information shall co-
ordinate with the Federal Communications Commission, 
including in making determinations with respect to an ap-
propriate number of broadband conduits under subsection 
(b)(1), potential demand under subsection (b)(2), and ex-
isting broadband access under subsection (c). 
‘‘(i) PUBLICATION OF CONDUIT AVAILABILITY.—Not 
later than 1 year after the date of enactment of this sec-
tion, the Secretary shall provide information to the Fed-
eral Communications Commission and the Assistant Sec-
retary of Commerce for Communications and Information 
for inclusion within the National Broadband Map. 
‘‘(j) 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. 
‘‘(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. 
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‘‘(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 paved shoulder 
for an existing highway that is commenced after the 
date of enactment of this section and that receives 
funding under this title. 
‘‘(4) HARD SURFACES.—The term ‘hard sur-
faces’ means asphalt and concrete pavement, curb 
and gutter, and sidewalk.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 3 of title 23, United States Code, is amended by add-
ing at the end the following: 
‘‘331. Inclusion of broadband conduit installation in certain highway construc-
tion projects.’’. 
Æ 
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