‘‘(A) IN
GENERAL.—Not later than 60 
days after the date on which a railroad carrier 
receives an application that contains the infor-
mation required by paragraph (1), the railroad 
carrier shall— 
‘‘(i) approve or deny the application; 
and 
‘‘(ii) transmit to the provider that 
submitted the application a notification of 
the approval or denial under clause (i). 
‘‘(B) EXCLUSIVE REASONS FOR DENIAL.— 
A railroad carrier may only deny an application 
under subparagraph (A) if the placement or 
modification 
of 
telecommunications 
or 
broadband service facilities proposed in the ap-
plication would— 
‘‘(i) substantially interfere with or 
damage the infrastructure of the railroad 
carrier; or 
‘‘(ii) jeopardize the safety of pas-
sengers or employees of the railroad car-
rier. 
‘‘(C) EXPLANATION.—If a railroad carrier 
denies an application under subparagraph (A), 
the railroad carrier shall include in the notifica-
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tion required by clause (ii) of such subpara-
graph an identification of each reason described 
in subparagraph (B) for which the railroad car-
rier denied the application and an explanation 
of how such reason for denial applies to the ap-
plication. 
‘‘(3) SCHEDULING.—Following approval of an 
application under this subsection, the provider shall 
schedule a date in coordination with the railroad 
carrier for the placement or modification of the fa-
cilities, which placement or modification shall com-
mence not later than— 
‘‘(A) the date that is 30 days after the 
date of the approval; or 
‘‘(B) such other date as indicated in the 
application or mutually agreed upon by the pro-
vider and the railroad carrier. 
‘‘(4) COMPENSATION.—A provider that submits 
to a railroad carrier an application under this sub-
section shall pay the railroad carrier compensation 
that is equal to the actual costs reasonably and di-
rectly incurred by the railroad carrier with respect 
to the application (including any placement or modi-
fication of telecommunications or broadband service 
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facilities carried out pursuant to the application, to 
the extent such costs relate to railroad safety). 
‘‘(c) PETITION FOR RELIEF.— 
‘‘(1) IN GENERAL.— 
‘‘(A) RAILROAD CARRIER.—A railroad car-
rier may petition the Commission for relief re-
garding the placement or modification by a pro-
vider of telecommunications or broadband serv-
ice facilities in an area where a public right-of- 
way intersects with a railroad corridor, or in 
the right-of-way of the railroad carrier, if the 
railroad carrier asserts that— 
‘‘(i) in the case of a placement or 
modification with respect to which the pro-
vider has submitted an application to the 
railroad carrier under subsection (b), the 
amount of compensation that the provider 
proposes to pay under paragraph (4) of 
such subsection is not actual costs as re-
quired by such paragraph; or 
‘‘(ii) the provider has otherwise failed 
to comply with this section or a regulation 
promulgated under this section. 
‘‘(B) PROVIDER.— 
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‘‘(i) IN
GENERAL.—A provider may 
petition the Commission for relief regard-
ing the placement or modification by the 
provider 
of 
telecommunications 
or 
broadband service facilities in an area 
where a public right-of-way intersects with 
a railroad corridor, or in the right-of-way 
of a railroad carrier, if the provider asserts 
that the relevant railroad carrier has— 
‘‘(I) wrongfully obstructed or de-
layed the placement or modification; 
‘‘(II) requested payment above 
actual costs required by subsection 
(b)(4); or 
‘‘(III) otherwise failed to comply 
with this section or a regulation pro-
mulgated under this section. 
‘‘(ii) TIMING.—In the case of a place-
ment or modification with respect to which 
a provider has submitted an application to 
a railroad carrier under subsection (b), the 
provider may not file a petition for relief 
under clause (i) with respect to the place-
ment or modification before the earlier 
of— 
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‘‘(I) the date on which the rail-
road carrier notifies the provider of 
the approval or denial of the applica-
tion; and 
‘‘(II) the day after the date that 
is 60 days after the date on which the 
railroad carrier receives the applica-
tion. 
‘‘(2) ADJUDICATION.— 
‘‘(A) 
JURISDICTION.—The 
Commission 
shall be the sole Federal agency with jurisdic-
tion to hear and resolve a petition filed under 
paragraph (1). 
‘‘(B) FINDINGS.—In adjudicating a peti-
tion filed under paragraph (1), the Commission 
may make any necessary findings of fact or de-
terminations. 
‘‘(C) USE OF EXPERTS.— 
‘‘(i) IN GENERAL.—In adjudicating a 
petition filed under paragraph (1), the 
Commission may employ experts to advise 
the Commission with respect to— 
‘‘(I) examining locations, plans, 
specifications, and descriptions of 
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equipment and methods proposed to 
be employed; 
‘‘(II) hearing any objections and 
considering any modifications that the 
railroad carrier or provider submits; 
‘‘(III) rejecting, approving, or 
modifying proposed plans and speci-
fications; and 
‘‘(IV) technical, economic, and 
other matters concerning the place-
ment or modification. 
‘‘(ii) REIMBURSEMENT.—The party 
against which the Commission rules on an 
issue with respect to which an expert em-
ployed by the Commission under clause (i) 
renders services under such clause shall re-
imburse the Commission for the cost of 
such services. 
‘‘(iii) DEPOSIT
OF
COLLECTIONS.— 
Amounts received to reimburse the Com-
mission for the cost of services rendered by 
an expert employed under clause (i) shall 
be deposited in, and credited to, the ac-
count through which funds were made 
available to pay such cost. 
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‘‘(iv) AUTHORITY.—The Commission 
may employ experts under clause (i) pursu-
ant to section 3109(b) of title 5, United 
States Code. 
‘‘(D) 
COORDINATION
WITH
FEDERAL 
AGENCIES.—In adjudicating a petition filed 
under paragraph (1), the Commission shall co-
ordinate with the Administrator of the Federal 
Railroad 
Administration 
and 
the 
Surface 
Transportation Board regarding any finding of 
fact or determination relating to railroad safety. 
‘‘(E) FINAL ORDER.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date on which a petition is 
filed under paragraph (1), the Commission 
shall issue a final order regarding the peti-
tion in which the Commission may grant 
such relief as the Commission considers 
appropriate. 
‘‘(ii) EXTENSION OF DEADLINE.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the Com-
mission may extend the deadline with 
respect to a petition under clause (i), 
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as the Commission considers appro-
priate. 
‘‘(II) EXCEPTION.—The Commis-
sion may not extend the deadline with 
respect to a petition under clause (i) 
on the basis of the coordination re-
quired by subparagraph (D). 
‘‘(d) RESPONSIBILITIES OF PARTIES.— 
‘‘(1) RAILROAD CARRIERS.—With respect to the 
placement or modification by a provider of tele-
communications or broadband service facilities in an 
area where a public right-of-way intersects with a 
railroad corridor, or in the right-of-way of a railroad 
carrier, the relevant railroad carrier shall— 
‘‘(A) take such protective measures as the 
railroad carrier determines necessary and ap-
propriate; and 
‘‘(B) perform any work necessary to imple-
ment the placement or modification that the 
provider is prohibited from performing because 
of the limitations specified under subsection 
(e)(2)(D). 
‘‘(2) PROVIDERS.—With respect to the place-
ment or modification by a provider of telecommuni-
cations or broadband service facilities in an area 
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where a public right-of-way intersects with a railroad 
corridor, or in the right-of-way of a railroad carrier, 
the provider— 
‘‘(A) is not required to obtain additional 
insurance for the placement or modification; 
and 
‘‘(B) shall— 
‘‘(i) carry out all aspects of the imple-
mentation of the placement or modification 
(other than any work necessary to imple-
ment the placement or modification that 
the provider is prohibited from performing 
because of the limitations specified under 
subsection (e)(2)(D)); and 
‘‘(ii) ensure that the facilities are con-
structed 
and 
operated 
in 
accordance 
with— 
‘‘(I) all applicable Federal laws 
and regulations, including those relat-
ing to railroad safety; and 
‘‘(II) 
any 
accepted 
industry 
standards specified by the Commis-
sion. 
‘‘(e) RULEMAKING.— 
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‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section, the Com-
mission shall promulgate regulations (which may in-
clude regulations applicable to railroad carriers) to 
implement this section in a manner that— 
‘‘(A) ensures railroad safety, including by 
ensuring compliance with all applicable Federal 
laws and regulations, including those relating to 
railroad safety; 
‘‘(B) provides a process for more timely 
placement or modification of telecommuni-
cations or broadband service facilities in emer-
gency situations than would otherwise be pro-
vided for under this section; 
‘‘(C) prevents substantial interference with 
the infrastructure or operations of railroad car-
riers; 
‘‘(D) allows for the timely and efficient 
placement and modification of telecommuni-
cations or broadband service facilities; and 
‘‘(E) provides a process for more timely 
placement or modification of telecommuni-
cations or broadband service facilities in rail-
road carrier crossings that are closed or aban-
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doned than would otherwise be provided for 
under this section. 
‘‘(2) MATTERS TO BE INCLUDED.—In the regu-
lations promulgated under paragraph (1), the Com-
mission shall— 
‘‘(A) establish standards and procedures 
for determining whether the reasons for denial 
under clauses (i) and (ii) of subsection 
(b)(2)(B) are met; 
‘‘(B) establish standards and procedures 
for determining actual costs under subsection 
(b)(4); 
‘‘(C) establish standards and procedures 
for adjudicating petitions for relief under sub-
section (c), including with respect to reimburse-
ment of the Commission for the cost of services 
rendered by experts employed under subsection 
(c)(2)(C); 
‘‘(D) specify any limitations on the loca-
tions within an area where a public right-of-way 
intersects with a railroad corridor, or within the 
right-of-way of a railroad carrier, where a pro-
vider may perform work relating to the place-
ment or modification of telecommunications or 
broadband service facilities, or on the types of 
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such work that a provider may perform within 
such an area or right-of-way, in order to ensure 
railroad safety and to prevent substantial inter-
ference with the infrastructure or operations of 
railroad carriers; and 
‘‘(E) otherwise establish standards and 
procedures and define terms as necessary to im-
plement this section. 
‘‘(3) COORDINATION
WITH
FEDERAL
AGEN-
CIES.—In promulgating regulations under paragraph 
(1), the Commission shall coordinate with the Ad-
ministrator of the Federal Railroad Administration 
and the Surface Transportation Board regarding 
any matter relating to railroad safety. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) 
BROADBAND
SERVICE.—The 
term 
‘broadband service’ has the meaning given the term 
‘broadband internet access service’ in section 8.1(b) 
of title 47, Code of Federal Regulations (or any suc-
cessor regulation). 
‘‘(2) PROVIDER.—The term ‘provider’ means a 
provider of telecommunications service or broadband 
service. 
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‘‘(3) RAILROAD CARRIER.—The term ‘railroad 
carrier’ has the meaning given such term in section 
20102 of title 49, United States Code. 
‘‘(4) TELECOMMUNICATIONS
OR
BROADBAND 
SERVICE
FACILITIES.—The 
term 
‘telecommuni-
cations or broadband service facilities’— 
‘‘(A) means facilities used to provide or 
support the provision of any telecommuni-
cations service or broadband service; and 
‘‘(B) includes facilities described in sub-
paragraph (A) that are used to provide or sup-
port the provision of other services.’’. 
Æ 
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