Title: Broadband Conduit Deployment Act of 2019
Policy area: Transportation and Public Works

Summary:
Broadband Conduit Deployment Act of 2019
This bill directs the Department of Transportation to issue a notification and requirement to states that each state is required to evaluate the need for broadband conduit as part of any project. to construct a new highway or to construct an additional lane or paved shoulder for an existing highway that is commenced after the enactment of this bill and that receives funding under the federal-aid highway program.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2692 Introduced in House (IH)]

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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 Representatives 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''.

SEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLATION IN CERTAIN HIGHWAY 
              CONSTRUCTION PROJECTS.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 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 Secretary 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 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.
            ``(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 paragraph (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 conduits, as 
        determined by the Assistant Secretary of Commerce for 
        Communications and Information, 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 Assistant Secretary of 
        Commerce for Communications 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.
    ``(c) Standards.--Not later than 90 days after the date of 
enactment of this section, the Secretary, in consultation with the 
Assistant Secretary of Commerce for Communications and Information, 
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.--Not later than 90 days after the date of 
enactment of this section, 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 Assistant Secretary of Commerce for Communications 
and Information 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 
Assistant Secretary 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 service 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 appropriate, 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 
        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 surfaces' means 
        asphalt and concrete pavement, curb and gutter, and 
        sidewalk.''.
    (b) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by adding at the end the following:

``331. Inclusion of broadband conduit installation in certain highway 
                            construction projects.''.
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