[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4800 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4800

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

                            January 16, 2018

Ms. Eshoo (for herself and Mr. McKinley) 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 
2018''.

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. 331. 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.--The 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 Assistant Secretary of Commerce for 
        Communications and Information, 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 Assistant Secretary of 
        Commerce for Communications and Information; 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 
        Assistant Secretary of Commerce for Communications and 
        Information.
    ``(c) Standards.--The Secretary, in consultation with the Assistant 
Secretary of Commerce for Communications and Information, 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 Assistant Secretary of Commerce for Communications 
and Information 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 
Assistant Secretary of Commerce for Communications and Information for 
inclusion within the National Broadband Map.
    ``(j) 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 
        paved shoulder for an existing highway that is commenced after 
        the date of enactment of this section and that receives funding 
        under this title.
            ``(4) 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:

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