I 
116TH CONGRESS 
2D SESSION 
H. R. 7205 
To facilitate the installation of broadband infrastructure, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2020 
Ms. ESHOO (for herself and Mr. MCKINLEY) 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. 
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 ‘‘Nationwide Dig Once 
Act of 2020’’. 
SEC. 2. BROADBAND INFRASTRUCTURE DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE STATE AGENCY.—The term 
‘‘appropriate State agency’’ means a State govern-
mental agency that is recognized by the executive 
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branch of the State as having the experience nec-
essary to evaluate and facilitate the installation and 
operation of broadband infrastructure within the 
State. 
(2) BROADBAND.—The term ‘‘broadband’’ has 
the meaning given the term ‘‘advanced telecommuni-
cations capability’’ in section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 1302). 
(3) 
BROADBAND
CONDUIT.—The 
term 
‘‘broadband conduit’’ means a conduit or innerduct 
for fiber optic cables (or successor technology of 
greater quality and speed) that supports the provi-
sion of broadband. 
(4) BROADBAND INFRASTRUCTURE.—The term 
‘‘broadband infrastructure’’ means any buried or un-
derground facility and any wireless or wireline con-
nection that enables the provision of broadband. 
(5) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means an entity that provides 
broadband to any person or facilitates provision of 
broadband to any person, including, with respect to 
such entity— 
(A) a corporation, company, association, 
firm, partnership, nonprofit organization, or 
any other private entity; 
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(B) a State or local broadband provider; 
(C) an Indian Tribe; and 
(D) a partnership between any of the enti-
ties described in subparagraphs (A), (B), and 
(C). 
(6) 
COVERED
HIGHWAY
CONSTRUCTION 
PROJECT.— 
(A) IN
GENERAL.—The term ‘‘covered 
highway construction project’’ means, without 
regard to ownership of a highway, a project to 
construct a new highway or an additional lane 
for an existing highway, to reconstruct an exist-
ing highway, or new construction, including for 
a paved shoulder. 
(B) EXCLUSIONS.—The term ‘‘covered 
highway construction project’’ excludes any 
project— 
(i) awarded before the date on which 
regulations required under subsection (b) 
take effect; 
(ii) that does not include work beyond 
the edge of pavement or current paved 
shoulder; or 
(iii) that does not require excavation. 
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(7) DIG ONCE REQUIREMENT.—The term ‘‘dig 
once requirement’’ means a requirement designed to 
reduce the cost and accelerate the deployment of 
broadband by minimizing the number and scale of 
repeated excavations for the installation and mainte-
nance of broadband conduit or broadband infrastruc-
ture in rights-of-way. 
(8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given such term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(e)). 
(9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 
Administrator’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Transportation. 
(11) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 101 of title 23, 
United States Code. 
(12) STATE
OR
LOCAL
BROADBAND
PRO-
VIDER.—The term ‘‘State or local broadband pro-
vider’’ means a State or political subdivision thereof, 
or any agency, authority, or instrumentality of a 
State or political subdivision thereof, that provides 
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broadband to any person or facilitates the provision 
of broadband to any person in that State. 
(13) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body 
of an Indian Tribe or any agency, authority, or in-
strumentality of such governing body or such Indian 
Tribe. 
(b) DIG ONCE REQUIREMENT.—To facilitate the in-
stallation of broadband infrastructure, the Secretary shall, 
not later than 9 months after the date of enactment of 
this Act, promulgate regulations to ensure that each State 
that receives funds under chapter 1 of title 23, United 
States Code, meets the following requirements: 
(1) BROADBAND PLANNING.—The State depart-
ment of transportation, in consultation with appro-
priate State agencies, shall— 
(A) identify a broadband coordinator, who 
may have additional responsibilities in the State 
department of transportation or in another 
State agency, that is responsible for facilitating 
the broadband infrastructure right-of-way ef-
forts within the State; and 
(B) review existing State broadband plans, 
including existing dig once requirements of the 
State, 
municipal 
governments 
incorporated 
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under State law, and Tribal governments within 
the State, to determine opportunities to coordi-
nate projects occurring within or across high-
way rights-of-way with planned broadband in-
frastructure projects. 
(2) NOTICE OF PLANNED CONSTRUCTION FOR 
BROADBAND PROVIDERS.— 
(A) NOTICE.—The State department of 
transportation, in consultation with appropriate 
State agencies, shall establish a process— 
(i) for the registration of broadband 
providers that seek to be included in the 
advance notification of, and opportunity to 
participate in, broadband infrastructure 
right-of-way facilitation efforts within the 
State; and 
(ii) 
to 
electronically 
notify 
all 
broadband 
providers 
registered 
under 
clause (i)— 
(I) of the State transportation 
improvement program on at least an 
annual basis; and 
(II) of projects within the high-
way right-of-way for which Federal 
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funding is expected to be obligated in 
the subsequent fiscal year. 
(B) WEBSITE.—A State department of 
transportation shall be considered to meet the 
requirements of subparagraph (A) if it pub-
lishes to a public website— 
(i) the State transportation improve-
ment program on at least an annual basis; 
and 
(ii) projects within the highway right- 
of-way for which Federal funding is ex-
pected to be obligated in the subsequent 
fiscal year. 
(C) COORDINATION.—The State depart-
ment of transportation, in consultation with ap-
propriate State agencies, shall establish a proc-
ess for a broadband provider to commit to in-
stalling broadband conduit or broadband infra-
structure as part of any project. 
(3) REQUIRED INSTALLATION OF CONDUIT.— 
(A) IN GENERAL.—The State department 
of transportation shall install broadband con-
duit, in accordance with this paragraph, except 
as described in subparagraph (F), as part of 
any covered highway construction project, un-
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less a broadband provider has committed to in-
stall broadband conduit or broadband infra-
structure as part of such project in a process 
described under paragraph (2)(C). 
(B) INSTALLATION REQUIREMENTS.—The 
State department of transportation shall ensure 
that— 
(i) 
an 
appropriate 
number 
of 
broadband conduits, as determined in con-
sultation with the appropriate State agen-
cies, are installed along the highway of a 
covered highway construction project to ac-
commodate multiple broadband providers, 
with consideration given to the availability 
of existing conduits; 
(ii) the size of each such conduit is 
consistent with industry best practices and 
is sufficient to accommodate potential de-
mand, as determined in consultation with 
the appropriate State agencies; 
(iii) hand holes and manholes nec-
essary for fiber access and pulling with re-
spect to such conduit are placed at inter-
vals consistent with standards determined 
in consultation with the appropriate State 
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agencies (which may differ by type of road, 
topologies, and rurality) and consistent 
with safety requirements; 
(iv) each broadband conduit installed 
pursuant to this paragraph includes a pull 
tape and is capable of supporting fiber 
optic cable placement techniques consistent 
with best practices; and 
(v) is placed at a depth consistent 
with requirements of the covered highway 
construction project and best practices and 
that, in determining the depth of place-
ment, consideration is given to the location 
of existing utilities and cable separation re-
quirements of State and local electrical 
codes. 
(C) GUIDANCE FOR THE INSTALLATION OF 
BROADBAND CONDUIT.—The Secretary, in con-
sultation with the NTIA Administrator, shall 
issue guidance for best practices related to the 
installation of broadband conduit as described 
in this paragraph and of conduit and similar in-
frastructure for intelligent transportation sys-
tems (as such term is defined in section 501 of 
title 23, United States Code) that may utilize 
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broadband conduit installed pursuant to this 
paragraph. 
(D) ACCESS.— 
(i) IN GENERAL.—The State depart-
ment of transportation shall ensure that 
any requesting broadband provider has ac-
cess to each broadband conduit installed 
pursuant to this paragraph, on a competi-
tively neutral and nondiscriminatory basis, 
and in accordance with State permitting, 
licensing, leasing, or other similar laws and 
regulations. 
(ii) FEE SCHEDULE.—The State de-
partment of transportation, in consultation 
with appropriate State agencies, shall pub-
lish a fee schedule for a broadband pro-
vider to access conduit installed pursuant 
to this paragraph. Fees in such schedule— 
(I) shall be consistent with the 
fees established pursuant to section 
224 of the Communications Act of 
1934 (47 U.S.C. 224); 
(II) may vary by topography, lo-
cation, type of road, rurality, and 
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other factors in the determination of 
the State; and 
(III) may be updated not more 
frequently than annually. 
(iii) IN-KIND
COMPENSATION.—The 
State department of transportation may 
negotiate in-kind compensation with any 
broadband provider requesting access to 
broadband conduit installed under the pro-
visions of this paragraph as a replacement 
for part or all of, but not to exceed, the 
relevant fee in the fee schedule described 
in clause (ii). 
(iv) SAFETY
CONSIDERATIONS.—The 
State department of transportation shall 
require of broadband providers a process 
for safe access to the highway right-of-way 
during installation and on-going mainte-
nance of the broadband fiber optic cables 
including a traffic control safety plan. 
(v) COMMUNICATION.—A broadband 
provider with access to the conduit in-
stalled pursuant to this subsection shall 
notify and receive permission from the rel-
evant agencies of State responsible for the 
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installation of such broadband conduit 
prior to accessing any highway or highway 
right-of-way. 
(E) TREATMENT OF PROJECTS.—Notwith-
standing any other provision of law, broadband 
conduit and broadband infrastructure installa-
tion projects under this paragraph shall comply 
with section 113(a) of title 23, United States 
Code. 
(F) WAIVER AUTHORITY.— 
(i) IN GENERAL.—A State department 
of transportation may waive the required 
installation of broadband conduit for part 
or all of any covered highway construction 
project under this paragraph if, in the de-
termination of the State— 
(I) broadband infrastructure, ter-
restrial broadband infrastructure, aer-
ial 
broadband 
fiber 
cables, 
or 
broadband conduit is present near a 
majority of the length of the covered 
highway construction project; 
(II) the installation of conduit in-
creases overall costs of a covered high-
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way construction project by 1.5 per-
cent or greater; 
(III) 
the 
installation 
of 
broadband conduit associated with 
covered highway construction project 
will not be utilized or connected to fu-
ture broadband infrastructure in the 
next 20 years, in the determination of 
the State department of transpor-
tation, in consultation with appro-
priate State agencies and potentially 
affected local governments and Tribal 
governments; 
(IV) the requirements of this 
paragraph would require installation 
of conduit redundant with a dig once 
requirement of a local or Tribal gov-
ernment; 
(V) there exists a circumstance 
involving force majeure; or 
(VI) other relevant factors, as de-
termined by the Secretary in consulta-
tion with the NTIA Administrator 
through regulation, warrant a waiver. 
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(ii) CONTENTS OF WAIVER.—A waiver 
authorized 
under 
this 
subparagraph 
shall— 
(I) identify the covered highway 
construction project; and 
(II) include a brief description of 
the determination of the State for 
issuing such waiver. 
(iii) AVAILABILITY
OF
WAIVER.—A 
waiver authorized under this subparagraph 
shall be included in the plans, specifica-
tions, and estimates for the associated 
project, as long as such info is publicly 
available. 
(4) PRIORITY.—If a State provides for the in-
stallation of broadband infrastructure in the right- 
of-way of an applicable Federal-aid highway project 
under this subsection, the State department of 
transportation, along with appropriate State agen-
cies, shall carry out appropriate measures to ensure 
that any existing broadband providers are afforded 
equal opportunity access, as compared to other 
broadband providers, with respect to the program 
under this subsection. 
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(5) CONSULTATION.—In promulgating regula-
tions required by this subsection or to implement 
any part of this section, the Secretary shall con-
sult— 
(A) the NTIA Administrator; 
(B) the Federal Communications Commis-
sion; 
(C) State departments of transportation; 
(D) appropriate State agencies; 
(E) agencies of local governments respon-
sible for transportation and rights-of-way, utili-
ties, and telecommunications and broadband; 
(F) Tribal governments; 
(G) broadband providers; and 
(H) manufacturers of optical fiber, con-
duit, pull tape, and related items. 
(6) PROHIBITION ON UNFUNDED MANDATE.— 
(A) IN
GENERAL.—This subsection shall 
apply only to activities for which Federal obli-
gations or expenditures are initially approved 
on or after the date regulations required under 
this subsection take effect. 
(B) NO
MANDATE.—Absent an available 
and dedicated Federal source of funding— 
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(i) nothing in this subsection estab-
lishes a mandate or requirement that a 
State install broadband conduit in a high-
way right-of-way; and 
(ii) nothing in paragraph (3) shall es-
tablish any requirement for a State. 
(7) RULES OF CONSTRUCTION.— 
(A) STATE
LAW.—Nothing in this sub-
section shall be construed to require a State to 
install or allow the installation of broadband 
conduit or broadband infrastructure— 
(i) that is otherwise inconsistent with 
what is allowable under State law; or 
(ii) where the State lacks the author-
ity or property easement necessary for 
such installation. 
(B) NO REQUIREMENT FOR INSTALLATION 
OF MOBILE SERVICES EQUIPMENT.—Nothing in 
this section shall be construed to require a 
State, a municipal government incorporated 
under State law, or an Indian Tribe to install 
or allow for the installation of equipment essen-
tial for the provision of commercial mobile serv-
ices (as defined in section 332(d) of the Com-
munications Act of 1934 (47 U.S.C. 332(d))) 
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or commercial mobile data service (as defined in 
section 6001 of the Middle Class Tax Relief 
and Job Creation Act of 2012 (47 U.S.C. 
1401)), other than broadband conduit and asso-
ciated 
equipment 
described 
in 
paragraph 
(3)(B). 
(c) RELATION
TO STATE DIG ONCE REQUIRE-
MENTS.—Nothing in subsection (b) or any regulations 
promulgated under subsection (b) shall be construed to 
alter or supersede any provision of a State law or regula-
tion that provides for a dig once requirement that includes 
similar or more stringent requirements to the provisions 
of subsection (b) and any regulations promulgated under 
this subsection (b). 
(d) DIG ONCE FUNDING TASK FORCE.— 
(1) ESTABLISHMENT.—There is established an 
independent task force on funding the nationwide 
dig once requirement described in this section to be 
known as the ‘‘Dig Once Funding Task Force’’ 
(hereinafter referred to as the ‘‘Task Force’’). 
(2) DUTIES.—The duties of the Task Force 
shall be to— 
(A) estimate the annual cost for imple-
menting and administering a nationwide dig 
once requirement; and 
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(B) propose and evaluate options for fund-
ing a nationwide dig once requirement described 
in this section that includes— 
(i) a discussion of the role and poten-
tial share of costs of— 
(I) the Federal Government; 
(II) State, local, and Tribal gov-
ernments; and 
(III) broadband providers; and 
(ii) consideration of the role of exist-
ing dig once requirements of State, local, 
and 
Tribal 
governments 
and 
private 
broadband investment, with a goal to not 
discourage or disincentivize such dig once 
requirements or such investment. 
(3) REPORTS.— 
(A) INTERIM
REPORT
AND
BRIEFING.— 
Not later than 9 months after the date of en-
actment of this Act, the Task Force shall sub-
mit an interim report to Congress and provide 
briefings for Congress on the findings of the 
Task Force. 
(B) FINAL REPORT.—Not later than 12 
months after the date of enactment of this Act, 
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the Task Force shall submit a final report to 
Congress on the findings of the Task Force. 
(4) MEMBERS.— 
(A) APPOINTMENTS.—The Task Force 
shall consist of 14 members, consisting of— 
(i) the 2 co-chairs described in sub-
paragraph (B); 
(ii) 6 members jointly appointed by 
the Speaker and minority leader of the 
House of Representatives, in consultation 
with the respective Chairs and Ranking 
Members of the— 
(I) the Committee on Transpor-
tation and Infrastructure of the 
House of Representatives; 
(II) the Committee on Energy 
and Commerce of the House of Rep-
resentatives; and 
(III) the Committee on Appro-
priations of the House of Representa-
tives; and 
(iii) 6 members jointly appointed by 
the majority leader and minority leader of 
the Senate, in consultation with the respec-
tive Chairs and Ranking Members of— 
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(I) the Committee on Environ-
ment and Public Works of the Senate; 
(II) the Committee on Com-
merce, Science, and Transportation of 
the Senate; and 
(III) the Committee on Appro-
priations of the Senate. 
(B) CO-CHAIRS.—The Task Force shall be 
co-chaired by the Secretary and the NTIA Ad-
ministrator, or their designees. 
(C) COMPOSITION.—The Task Force shall 
include at least— 
(i) 1 representative from a State de-
partment of transportation; 
(ii) 1 representative from a local gov-
ernment; 
(iii) 1 representative from a Tribal 
government; 
(iv) 
representative 
from 
a 
broadband provider; 
(v) 1 representative from a State or 
local broadband provider; and 
(vi) 1 representative from a public in-
terest organization. 
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(D) APPOINTMENT
DEADLINE.—Members 
shall be appointed to the Task Force not later 
than 60 days after the date of enactment of 
this Act. 
(E) EFFECT OF LACK OF APPOINTMENT 
BY APPOINTMENT DATE.—If 1 or more appoint-
ments required under subparagraph (A) is not 
made by the appointment date specified in sub-
paragraph (D), the authority to make such ap-
pointment or appointments shall expire and the 
number of members of the Task Force shall be 
reduced by the number equal to the number of 
appointments so expired. 
(F) TERMS.—Members shall be appointed 
for the life of the Task Force. A vacancy in the 
Task Force shall not affect its powers and shall 
be filled in the same manner as the initial ap-
pointment was made. 
(5) CONSULTATIONS.—In carrying out the du-
ties required under this subsection, the Task Force 
shall consult, at a minimum— 
(A) the Federal Communications Commis-
sion; 
(B) agencies of States including— 
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