[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3805 Introduced in House (IH)]
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114th CONGRESS
1st Session
H. R. 3805
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
October 22, 2015
Ms. Eshoo (for herself, Mr. Walden, Mr. Bilirakis, Mrs. Blackburn, Mr.
Butterfield, Ms. Clarke of New York, Mr. Collins of New York, Mr.
Cramer, Ms. DelBene, Mr. Michael F. Doyle of Pennsylvania, Mrs. Ellmers
of North Carolina, Mr. Emmer of Minnesota, Mr. Garamendi, Mr. Guthrie,
Mr. Huffman, Mr. Johnson of Ohio, Mr. Kinzinger of Illinois, Mr. Lance,
Mr. Loebsack, Ms. Lofgren, Mr. Long, Mr. Ben Ray Lujan of New Mexico,
Ms. Matsui, Mr. McNerney, Mr. Olson, Mr. Rush, Mr. Shimkus, and Mr.
Yarmuth) 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
2015''.
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. 330. Inclusion of broadband conduit installation in certain
highway construction projects
``(a) Requirement.--
``(1) In general.--The Secretary shall require States to
evaluate the need for broadband conduit in accordance with this
section as part of any covered highway construction project.
``(2) Consultation.--This 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.
``(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 Administrator of the National
Telecommunications and Information Administration, 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 Administrator; 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
Administrator.
``(c) Standards.--The Secretary, in consultation with the
Administrator, 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.--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 Administrator 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
Administrator for inclusion within the National Broadband Map.
``(j) Definitions.--In this section, the following definitions
apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Telecommunications and
Information Administration.
``(2) 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.
``(3) Broadband conduit.--The term `broadband conduit'
means a conduit for fiber optic cables that support broadband
or, where appropriate, wireless facilities for broadband
service.
``(4) 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.
``(5) 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:
``330. Inclusion of broadband conduit installation in certain highway
construction projects.''.
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