II 112th CONGRESS 1st Session S. 1939 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.
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)
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).
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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. .