[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1266 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1266

   To amend title 23, United States Code, to direct the Secretary of 
 Transportation to require that broadband conduit be installed as part 
   of certain highway construction projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2009

 Ms. Klobuchar (for herself, Mr. Warner, and Mrs. Lincoln) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend title 23, United States Code, to direct the Secretary of 
 Transportation to require that broadband conduit be installed as part 
   of 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 
2009''.

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

    Chapter 3 of title 23, United States Code, is amended by adding at 
the end the following:
``Sec. 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 conduits, 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 accommodate 
        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 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 population density in the area of a 
covered highway construction 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 separation 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 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 
        shoulder for an existing highway that is commenced after the 
        date of enactment of this section and that receives funding 
        under this title.
    ``(g) Waiver Authority.--The Secretary may waive the application of 
this section or any provision therein 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 Federal Communications Commission 
as the Secretary determines 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:

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