1.This Act may be cited as the Broadband Conduit Deployment Act of 2018
.
2.Inclusion of broadband conduit installation in certain highway construction projects
(a)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
(a)
(1)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)The evaluation shall be done in consultation with local and national telecommunications providers,
including telecommunications service and equipment providers.
(3)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 requirementsIn 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)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)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)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)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)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)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 availabilityNot 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)In this section, the following definitions apply:
(1)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)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 projectThe 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)The term hard surfaces
means asphalt and concrete pavement, curb and gutter, and sidewalk..
(b)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. .