I 112th CONGRESS 1st Session H. R. 1695 IN THE HOUSE OF REPRESENTATIVES May 3, 2011 Ms. Eshoo (for herself, Mr. Waxman, Mr. Markey, Ms. Matsui, and Ms. Woolsey) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 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.
1.
Short title
This Act may be cited as the Broadband Conduit Deployment Act of 2011.
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:
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)
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 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). (i)
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.
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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. .