[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1939 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1939

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 1, 2011

  Ms. Klobuchar (for herself and Mr. Warner) 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 conduits 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 
2011''.

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) Definitions.--In this section:
            ``(1) Broadband.--The term `broadband' means an Internet 
        Protocol-based transmission service that enables users to send 
        and receive voice, video, data, or graphics, or a combination 
        of those items.
            ``(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--
                    ``(A) is commenced after the date of enactment of 
                this section; and
                    ``(B) receives funding under this title.
    ``(b) Requirement.--The Secretary shall require States to install 1 
or more broadband conduits in accordance with this section as part of 
any covered highway construction project.
    ``(c) Installation Requirements.--In carrying out subsection (b), 
the Secretary shall ensure, to the maximum extent practicable with 
respect to a covered highway construction project, that--
            ``(1) an appropriate number of broadband conduits, as 
        determined by the Secretary, are installed along the 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.
    ``(d) Standards.--In establishing standards to carry out subsection 
(c), the Secretary shall take into consideration--
            ``(1) population density in the area of a covered highway 
        construction project;
            ``(2) the type of highway involved in the project; and
            ``(3) existing broadband access in the area of the project.
    ``(e) Pull Tape.--Each broadband conduit installed pursuant to this 
section shall include a pull tape and be capable of supporting fiber 
optic cable placement techniques consistent with industry best 
practices, as determined by the Secretary.
    ``(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) Depth of Installation.--Each broadband conduit installed 
pursuant to this section shall be placed at a depth consistent with 
industry best practices, as determined by the Secretary, after 
consideration is given to the location of existing utilities and the 
cable separation requirements of State and local electrical codes.
    ``(h) Waiver Authority.--The Secretary may waive the application of 
this section or any provision of this section if the Secretary 
determines that, upon a showing of undue burden or that a covered 
highway construction project is not necessary based on the availability 
of existing broadband conduit infrastructure, cost-benefit analysis, or 
consideration of other relevant factors, the waiver is appropriate with 
respect to a covered highway construction project.
    ``(i) Coordination With FCC.--In carrying out this section, the 
Secretary shall coordinate with the Federal Communications Commission, 
including with respect to determinations regarding--
            ``(1) potential demand under subsection (c)(2);
            ``(2) existing broadband access under subsection (d)(3);
            ``(3) pull tape requirements under subsection (e); and
            ``(4) depth-of-installation standards under subsection 
        (g).''.

SEC. 3. CONFORMING 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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