[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2692 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 2692
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
May 14, 2019
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
2019''.
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.--Not later than 90 days after the date of
enactment of this section, the Secretary shall issue a
notification and requirement to States that each State is
required 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.
``(4) Date of completion.--A State shall complete the
evaluation described in paragraph (1) not later than 180 days
after the date on which the Secretary issues the notification
described in paragraph (1) to such State.
``(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.--Not later than 90 days after the date of
enactment of this section, 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.--Not later than 90 days after the date of
enactment of this section, 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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