[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2381 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2381

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 6, 2018

     Ms. Klobuchar (for herself, Mr. Daines, Mr. Gardner, and Mrs. 
  Gillibrand) 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 a 
 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 ``Streamlining and Investing in 
Broadband Infrastructure Act''.

SEC. 2. IMPROVING COORDINATION AT STATE LEVEL.

    The Administrator of the National Telecommunications and 
Information Administration shall develop and issue best practices 
relating to broadband infrastructure and installation for State 
broadband coordination offices, with an emphasis on rural areas.

SEC. 3. 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) 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 materials 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 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.--
            ``(1) In general.--In establishing standards to carry out 
        subsection (c), the Secretary shall take into consideration--
                    ``(A) population density in the area of a covered 
                highway construction project;
                    ``(B) the type of highway involved in the project; 
                and
                    ``(C) existing broadband access in the area of the 
                project.
            ``(2) Rural areas.--The Secretary shall ensure that the 
        standards established to carry out subsection (c) apply to all 
        areas, including rural and remote areas with low population 
        density.
    ``(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 and NTIA Administrator.--In carrying 
out this section, the Secretary shall coordinate with the Federal 
Communications Commission and the Administrator of the National 
Telecommunications and Information Administration, including with 
respect to determinations regarding--
            ``(1) potential demand under subsection (c)(2);
            ``(2) existing broadband access under subsection (d)(1)(C);
            ``(3) pull tape requirements under subsection (e); and
            ``(4) depth-of-installation standards under subsection (g).
    ``(j) Registry.--Not later than 1 year after the date of enactment 
of this section, the Secretary shall establish and maintain a registry 
that contains information regarding the broadband conduit projects 
carried out under this section.''.
    (b) Conforming 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.''.

SEC. 4. REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, and 
every 2 years thereafter until the date that is 10 years after the date 
of enactment of this Act, the Secretary of Transportation shall submit 
to Congress a report on the implementation and installation of 
broadband conduit projects under section 331 of title 23, United States 
Code.

SEC. 5. TELECOMMUNICATIONS FACILITIES DEPLOYMENT.

    (a) In General.--Section 6409 of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1455) is amended by striking 
subsections (b) through (d) and inserting the following:
    ``(b) Federal Lands.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `Administrator' means the 
                Administrator of General Services;
                    ``(B) the term `communications facility 
                installation' includes--
                            ``(i) any wireless or wireline 
                        infrastructure for the transmission of writing, 
                        signs, signals, data, images, pictures, and 
                        sounds of all kinds;
                            ``(ii) the transmitting device, tower, or 
                        support structure, and any equipment, switches, 
                        wiring, cabling, power sources, shelters, or 
                        cabinets, associated with the provision of 
                        communications services; and
                            ``(iii) any antenna or apparatus that--
                                    ``(I) is designed for the purpose 
                                of emitting radio frequency;
                                    ``(II) is designed to be operated, 
                                or is operating, from a fixed location 
                                pursuant to authorization by the 
                                Commission; and
                                    ``(III) is added to a tower, 
                                building, or other structure;
                    ``(C) the term `covered agency' means--
                            ``(i) the Department of Defense;
                            ``(ii) the Department of the Interior;
                            ``(iii) the Department of Agriculture;
                            ``(iv) the Department of Commerce;
                            ``(v) the Department of Transportation;
                            ``(vi) the Department of Veterans Affairs;
                            ``(vii) the United States Postal Service;
                            ``(viii) the Federal Communications 
                        Commission;
                            ``(ix) the Council on Environmental 
                        Quality;
                            ``(x) the Advisory Council on Historic 
                        Preservation;
                            ``(xi) the Department of Homeland Security; 
                        and
                            ``(xii) the Executive Office of the 
                        President;
                    ``(D) the term `executive agency' has the meaning 
                given the term in section 102 of title 40, United 
                States Code; and
                    ``(E) the term `placement', with respect to a 
                communications facility installation, includes the 
                installation, construction, modification, or 
                maintenance of the communications facility 
                installation.
            ``(2) Federal property.--
                    ``(A) Grant.--If an executive agency, a State, a 
                political subdivision or agency of a State, or a 
                person, firm, or organization applies for the grant of 
                a real property interest, including a lease, license, 
                easement, or right-of-way, to, in, over, or on a 
                building or other property owned by the Federal 
                Government for the right to install, construct, modify, 
                and maintain a communications facility installation, 
                the executive agency that owns the building or other 
                property on behalf of the Federal Government shall 
                grant to the applicant, if technically feasible, a real 
                property interest to perform such installation, 
                construction, modification, and maintenance.
                    ``(B) Applications.--
                            ``(i) Multiple tenants.--Competitive 
                        procurement requirements shall not apply to an 
                        application for a grant of a real property 
                        interest under subparagraph (A).
                            ``(ii) Multiple grants.--An executive 
                        agency that owns a building or other property 
                        and receives applications described in 
                        subparagraph (A) for multiple grants of real 
                        property interests, either from the same 
                        applicant or different applicants, shall 
                        provide multiple grants if technically 
                        feasible.
                            ``(iii) Determinations.--
                                    ``(I) In general.--An executive 
                                agency that receives an application for 
                                a grant of real property interest under 
                                subparagraph (A) shall make a 
                                determination as to whether to provide 
                                the grant not later than 90 days after 
                                the date on which the application is 
                                submitted.
                                    ``(II) Denial of grant.--If an 
                                executive agency determines not to 
                                provide a grant of real property 
                                interest under subparagraph (A), the 
                                executive agency shall notify the 
                                applicant, in writing, of the reasons 
                                for the determination.
                            ``(iv) Term of years.--The standard term of 
                        the grant of a real property interest under 
                        subparagraph (A) shall be 25 years with 
                        allowances for reexamination of the fee 
                        schedule at the end of each 5-year period 
                        within the 25-year period.
                            ``(v) Renewal.--The grant of a real 
                        property interest shall enjoy an expectancy of 
                        renewal of the real property interest upon the 
                        expiration of the term described in clause 
                        (iv).
                    ``(C) Fees.--
                            ``(i) Standard fee.--
                                    ``(I) In general.--Notwithstanding 
                                any other provision of law, the 
                                Administrator, in consultation with the 
                                head of each covered agency, shall 
                                establish a standard fee schedule for 
                                the grant of a real property interest 
                                under subparagraph (A) based on direct 
                                cost recovery.
                                    ``(II) Initial fee.--
                                            ``(aa) Amount of fee.--The 
                                        initial amount of the standard 
                                        fee established under subclause 
                                        (I) shall be equal to the 
                                        average fee charged by the 
                                        Federal Government for the 
                                        grant of a real property 
                                        interest for the placement of a 
                                        communications facility 
                                        installation during the most 
                                        recent 3-year period.
                                            ``(bb) Publication of 
                                        proposed fee.--Not later than 
                                        90 days after the date of 
                                        enactment of the Streamlining 
                                        and Investing in Broadband 
                                        Infrastructure Act, the 
                                        Administrator shall publish a 
                                        notice in the Federal Register 
                                        that--

                                                    ``(AA) proposes an 
                                                initial amount of the 
                                                standard fee under 
                                                subclause (I);

                                                    ``(BB) describes 
                                                the data on which the 
                                                proposed initial amount 
                                                is based; and

                                                    ``(CC) invites 
                                                public comment on the 
                                                proposed initial 
                                                amount.

                                            ``(cc) Deadline for 
                                        finalized standard fee.--Not 
                                        later than 150 days after the 
                                        date of enactment of the 
                                        Streamlining and Investing in 
                                        Broadband Infrastructure Act, 
                                        the Administrator shall publish 
                                        a decision in the Federal 
                                        Register that sets the initial 
                                        amount of the standard fee.
                                    ``(III) Limit on annual 
                                increases.--During any year, the 
                                Administrator may not increase the 
                                standard fee established under 
                                subclause (I) or clause (ii) by a 
                                percentage that is greater than the 
                                lower of--
                                            ``(aa) the percentage 
                                        increase in the Consumer Price 
                                        Index for All Urban Consumers 
                                        (all items, United States city 
                                        average) published by the 
                                        Bureau of Labor Statistics for 
                                        the most recent 12-month 
                                        period; or
                                            ``(bb) 3 percent.
                            ``(ii) Agency-specific fee.--
                                    ``(I) In general.--An executive 
                                agency shall charge the standard fee 
                                established by the Administrator under 
                                clause (i) for a grant of a real 
                                property interest unless, not later 
                                than 90 days after the date on which 
                                the Administrator publishes the amount 
                                of the finalized initial fee under 
                                clause (i)(II)(cc), the executive 
                                agency establishes an agency-specific 
                                fee in an amount that is equal to the 
                                average fee charged by the executive 
                                agency for the placement of a 
                                communications facility installation 
                                during the most recent 3-year period.
                                    ``(II) Public comment.--During the 
                                process of establishing an agency-
                                specific fee under subclause (I), an 
                                executive agency shall--
                                            ``(aa) make a description 
                                        of the data on which the fee is 
                                        based publically available; and
                                            ``(bb) allow opportunity 
                                        for public comment.
                            ``(iii) Entirety of fees.--The 
                        Administrator or an executive agency may not 
                        charge any additional fee for the grant of a 
                        real property interest for the placement of a 
                        communications facility installation other than 
                        what has been established in the standard fee 
                        under clause (i) or an agency-specific fee 
                        established under clause (ii).
                            ``(iv) Waivers.--In consideration of the 
                        public benefit provided by a grant of a real 
                        property interest under subparagraph (A), the 
                        Administrator or an executive agency may grant 
                        a full or partial waiver of the fee required 
                        under clause (i) or (ii).
                            ``(v) Use of fees collected.--Any fee 
                        amount collected under this paragraph for the 
                        grant of a real property interest by an 
                        executive agency under subparagraph (A) shall 
                        be made available, as provided in 
                        appropriations Acts, to the executive agency to 
                        cover the cost of granting the real property 
                        interest.
            ``(3) Master contracts for communications facility 
        installations.--
                    ``(A) In general.--Notwithstanding section 704 of 
                the Telecommunications Act of 1996 or any other 
                provision of law, the Administrator, in consultation 
                with the head of each covered agency, shall--
                            ``(i) not later than 60 days after the date 
                        of enactment of this subsection, develop and 
                        adopt 1 or more master application forms and 
                        standard contracts, including lease and 
                        easement contracts, for all executive agencies, 
                        that shall govern the placement of a 
                        communications facility installation to, in, 
                        over, or on a building or other property owned 
                        by the Federal Government;
                            ``(ii) in developing the master application 
                        forms and standard contracts under subparagraph 
                        (A)--
                                    ``(I) include in each master 
                                application form or standard contract 
                                the standard fee schedule and standard 
                                fee established under paragraph 
                                (2)(C)(i)(I); and
                                    ``(II) standardize the treatment 
                                of--
                                            ``(aa) the placement of a 
                                        communications facility 
                                        installation to, in, over, or 
                                        on the rooftop or facade of a 
                                        building or inside a building;
                                            ``(bb) the technology used 
                                        in connection with a 
                                        communications facility 
                                        installation placed on a 
                                        Federal building or other 
                                        property; and
                                            ``(cc) any other key issues 
                                        the Administrator considers 
                                        appropriate;
                            ``(iii) not later than 30 days after the 
                        date on which the Administrator adopts the 
                        master application forms and standard contracts 
                        under clause (i), publish the master 
                        application forms and standard contracts in the 
                        Federal Register; and
                            ``(iv) direct each executive agency to 
                        begin accepting the master application forms 
                        and standard contracts from applicants not 
                        later than 30 days after the date on which the 
                        Administrator adopts the master application 
                        forms and standard contracts under clause (i).
                    ``(B) Applicability.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the master application forms and 
                        standard contracts developed by the 
                        Administrator under subparagraph (A)(i) shall 
                        apply to each building or other property owned 
                        by the Federal Government.
                            ``(ii) Exception.--If the Administrator 
                        determines that the master application forms 
                        and standard contracts developed under 
                        subparagraph (A)(i) are not adequate for a 
                        specific building or other property, the 
                        Administrator shall--
                                    ``(I) not later than 10 days after 
                                the date on which the Administrator 
                                makes the determination, provide 
                                written notification to the applicant, 
                                which shall detail the reasons why the 
                                application forms and contracts are not 
                                adequate for a specific building or 
                                property; and
                                    ``(II) work in coordination with 
                                the heads of the appropriate agencies 
                                to address the inadequacies and 
                                provide, not later than 60 days after 
                                the date on which the notification was 
                                provided under subclause (I), an 
                                adequate application form or contract 
                                to the applicant.
                    ``(C) Negotiation and approval.--If the 
                Administrator fails to adopt master application forms 
                and standard contracts as required under subparagraph 
                (A)(i) during the 1-year period beginning on the date 
                of enactment of the Streamlining and Investing in 
                Broadband Infrastructure Act, beginning on the day 
                after the expiration of that period and until the date 
                on which the Administrator adopts such forms and 
                contracts--
                            ``(i) an applicant for a grant of a real 
                        property interest from an executive agency 
                        under paragraph (2)(A) may use an existing 
                        application form or contract with the executive 
                        agency; and
                            ``(ii) the executive agency shall accept 
                        the existing application form or contract.
                    ``(D) Escalation and review.--Not later than 60 
                days after the date of enactment of the Streamlining 
                and Investing in Broadband Infrastructure Act, each 
                executive agency shall establish a supervisory review 
                process under which an executive working group or 
                established agency executive with negotiation and 
                approval authority shall review any communications 
                facility installation application, lease, or easement 
                if an applicant requests such review.
                    ``(E) Incorporation of subsection (a).--An 
                executive agency may not deny, and shall approve, any 
                eligible facilities request (as defined in subsection 
                (a)(2)) for a modification of an existing wireless 
                tower or base station that does not substantially 
                change the physical dimensions of the tower or base 
                station.
            ``(4) Progress reports.--Not later than 90 days after the 
        date of enactment of the Streamlining and Investing in 
        Broadband Infrastructure Act, and every 2 years thereafter 
        until the date that is 10 years after the date of enactment of 
        that Act, the Administrator shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report that describes, with respect to each 
        executive agency--
                    ``(A) the number of sites sought in applications 
                for the placement of a communications facility 
                installation, including upgrades and collocations;
                    ``(B) the number of sites approved; and
                    ``(C) the number of sites completed.''.
    (b) Savings Provision.--Notwithstanding the amendment made by 
subsection (a), an executive agency may make a grant of a real property 
interest and may collect fees in accordance with subsection (b) of 
section 6409 of the Middle Class Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1455(b)) (as in effect on the day before the date of 
enactment of this Act) until the effective date of the regulations 
issued by the head of the executive agency to carry out the amendment 
made by subsection (a).
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