[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7205 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7205

  To facilitate the installation of broadband infrastructure, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2020

Ms. Eshoo (for herself and Mr. McKinley) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To facilitate the installation of broadband infrastructure, 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 ``Nationwide Dig Once Act of 2020''.

SEC. 2. BROADBAND INFRASTRUCTURE DEPLOYMENT.

    (a) Definitions.--In this section:
            (1) Appropriate state agency.--The term ``appropriate State 
        agency'' means a State governmental agency that is recognized 
        by the executive branch of the State as having the experience 
        necessary to evaluate and facilitate the installation and 
        operation of broadband infrastructure within the State.
            (2) Broadband.--The term ``broadband'' has the meaning 
        given the term ``advanced telecommunications capability'' in 
        section 706 of the Telecommunications Act of 1996 (47 U.S.C. 
        1302).
            (3) Broadband conduit.--The term ``broadband conduit'' 
        means a conduit or innerduct for fiber optic cables (or 
        successor technology of greater quality and speed) that 
        supports the provision of broadband.
            (4) Broadband infrastructure.--The term ``broadband 
        infrastructure'' means any buried or underground facility and 
        any wireless or wireline connection that enables the provision 
        of broadband.
            (5) Broadband provider.--The term ``broadband provider'' 
        means an entity that provides broadband to any person or 
        facilitates provision of broadband to any person, including, 
        with respect to such entity--
                    (A) a corporation, company, association, firm, 
                partnership, nonprofit organization, or any other 
                private entity;
                    (B) a State or local broadband provider;
                    (C) an Indian Tribe; and
                    (D) a partnership between any of the entities 
                described in subparagraphs (A), (B), and (C).
            (6) Covered highway construction project.--
                    (A) In general.--The term ``covered highway 
                construction project'' means, without regard to 
                ownership of a highway, a project to construct a new 
                highway or an additional lane for an existing highway, 
                to reconstruct an existing highway, or new 
                construction, including for a paved shoulder.
                    (B) Exclusions.--The term ``covered highway 
                construction project'' excludes any project--
                            (i) awarded before the date on which 
                        regulations required under subsection (b) take 
                        effect;
                            (ii) that does not include work beyond the 
                        edge of pavement or current paved shoulder; or
                            (iii) that does not require excavation.
            (7) Dig once requirement.--The term ``dig once 
        requirement'' means a requirement designed to reduce the cost 
        and accelerate the deployment of broadband by minimizing the 
        number and scale of repeated excavations for the installation 
        and maintenance of broadband conduit or broadband 
        infrastructure in rights-of-way.
            (8) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (9) NTIA administrator.--The term ``NTIA Administrator'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (11) State.--The term ``State'' has the meaning given such 
        term in section 101 of title 23, United States Code.
            (12) State or local broadband provider.--The term ``State 
        or local broadband provider'' means a State or political 
        subdivision thereof, or any agency, authority, or 
        instrumentality of a State or political subdivision thereof, 
        that provides broadband to any person or facilitates the 
        provision of broadband to any person in that State.
            (13) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of an Indian Tribe or any 
        agency, authority, or instrumentality of such governing body or 
        such Indian Tribe.
    (b) Dig Once Requirement.--To facilitate the installation of 
broadband infrastructure, the Secretary shall, not later than 9 months 
after the date of enactment of this Act, promulgate regulations to 
ensure that each State that receives funds under chapter 1 of title 23, 
United States Code, meets the following requirements:
            (1) Broadband planning.--The State department of 
        transportation, in consultation with appropriate State 
        agencies, shall--
                    (A) identify a broadband coordinator, who may have 
                additional responsibilities in the State department of 
                transportation or in another State agency, that is 
                responsible for facilitating the broadband 
                infrastructure right-of-way efforts within the State; 
                and
                    (B) review existing State broadband plans, 
                including existing dig once requirements of the State, 
                municipal governments incorporated under State law, and 
                Tribal governments within the State, to determine 
                opportunities to coordinate projects occurring within 
                or across highway rights-of-way with planned broadband 
                infrastructure projects.
            (2) Notice of planned construction for broadband 
        providers.--
                    (A) Notice.--The State department of 
                transportation, in consultation with appropriate State 
                agencies, shall establish a process--
                            (i) for the registration of broadband 
                        providers that seek to be included in the 
                        advance notification of, and opportunity to 
                        participate in, broadband infrastructure right-
                        of-way facilitation efforts within the State; 
                        and
                            (ii) to electronically notify all broadband 
                        providers registered under clause (i)--
                                    (I) of the State transportation 
                                improvement program on at least an 
                                annual basis; and
                                    (II) of projects within the highway 
                                right-of-way for which Federal funding 
                                is expected to be obligated in the 
                                subsequent fiscal year.
                    (B) Website.--A State department of transportation 
                shall be considered to meet the requirements of 
                subparagraph (A) if it publishes to a public website--
                            (i) the State transportation improvement 
                        program on at least an annual basis; and
                            (ii) projects within the highway right-of-
                        way for which Federal funding is expected to be 
                        obligated in the subsequent fiscal year.
                    (C) Coordination.--The State department of 
                transportation, in consultation with appropriate State 
                agencies, shall establish a process for a broadband 
                provider to commit to installing broadband conduit or 
                broadband infrastructure as part of any project.
            (3) Required installation of conduit.--
                    (A) In general.--The State department of 
                transportation shall install broadband conduit, in 
                accordance with this paragraph, except as described in 
                subparagraph (F), as part of any covered highway 
                construction project, unless a broadband provider has 
                committed to install broadband conduit or broadband 
                infrastructure as part of such project in a process 
                described under paragraph (2)(C).
                    (B) Installation requirements.--The State 
                department of transportation shall ensure that--
                            (i) an appropriate number of broadband 
                        conduits, as determined in consultation with 
                        the appropriate State agencies, are installed 
                        along the highway of a covered highway 
                        construction project to accommodate multiple 
                        broadband providers, with consideration given 
                        to the availability of existing conduits;
                            (ii) the size of each such conduit is 
                        consistent with industry best practices and is 
                        sufficient to accommodate potential demand, as 
                        determined in consultation with the appropriate 
                        State agencies;
                            (iii) hand holes and manholes necessary for 
                        fiber access and pulling with respect to such 
                        conduit are placed at intervals consistent with 
                        standards determined in consultation with the 
                        appropriate State agencies (which may differ by 
                        type of road, topologies, and rurality) and 
                        consistent with safety requirements;
                            (iv) each broadband conduit installed 
                        pursuant to this paragraph includes a pull tape 
                        and is capable of supporting fiber optic cable 
                        placement techniques consistent with best 
                        practices; and
                            (v) is placed at a depth consistent with 
                        requirements of the covered highway 
                        construction project and best practices and 
                        that, in determining the depth of placement, 
                        consideration is given to the location of 
                        existing utilities and cable separation 
                        requirements of State and local electrical 
                        codes.
                    (C) Guidance for the installation of broadband 
                conduit.--The Secretary, in consultation with the NTIA 
                Administrator, shall issue guidance for best practices 
                related to the installation of broadband conduit as 
                described in this paragraph and of conduit and similar 
                infrastructure for intelligent transportation systems 
                (as such term is defined in section 501 of title 23, 
                United States Code) that may utilize broadband conduit 
                installed pursuant to this paragraph.
                    (D) Access.--
                            (i) In general.--The State department of 
                        transportation shall ensure that any requesting 
                        broadband provider has access to each broadband 
                        conduit installed pursuant to this paragraph, 
                        on a competitively neutral and 
                        nondiscriminatory basis, and in accordance with 
                        State permitting, licensing, leasing, or other 
                        similar laws and regulations.
                            (ii) Fee schedule.--The State department of 
                        transportation, in consultation with 
                        appropriate State agencies, shall publish a fee 
                        schedule for a broadband provider to access 
                        conduit installed pursuant to this paragraph. 
                        Fees in such schedule--
                                    (I) shall be consistent with the 
                                fees established pursuant to section 
                                224 of the Communications Act of 1934 
                                (47 U.S.C. 224);
                                    (II) may vary by topography, 
                                location, type of road, rurality, and 
                                other factors in the determination of 
                                the State; and
                                    (III) may be updated not more 
                                frequently than annually.
                            (iii) In-kind compensation.--The State 
                        department of transportation may negotiate in-
                        kind compensation with any broadband provider 
                        requesting access to broadband conduit 
                        installed under the provisions of this 
                        paragraph as a replacement for part or all of, 
                        but not to exceed, the relevant fee in the fee 
                        schedule described in clause (ii).
                            (iv) Safety considerations.--The State 
                        department of transportation shall require of 
                        broadband providers a process for safe access 
                        to the highway right-of-way during installation 
                        and on-going maintenance of the broadband fiber 
                        optic cables including a traffic control safety 
                        plan.
                            (v) Communication.--A broadband provider 
                        with access to the conduit installed pursuant 
                        to this subsection shall notify and receive 
                        permission from the relevant agencies of State 
                        responsible for the installation of such 
                        broadband conduit prior to accessing any 
                        highway or highway right-of-way.
                    (E) Treatment of projects.--Notwithstanding any 
                other provision of law, broadband conduit and broadband 
                infrastructure installation projects under this 
                paragraph shall comply with section 113(a) of title 23, 
                United States Code.
                    (F) Waiver authority.--
                            (i) In general.--A State department of 
                        transportation may waive the required 
                        installation of broadband conduit for part or 
                        all of any covered highway construction project 
                        under this paragraph if, in the determination 
                        of the State--
                                    (I) broadband infrastructure, 
                                terrestrial broadband infrastructure, 
                                aerial broadband fiber cables, or 
                                broadband conduit is present near a 
                                majority of the length of the covered 
                                highway construction project;
                                    (II) the installation of conduit 
                                increases overall costs of a covered 
                                highway construction project by 1.5 
                                percent or greater;
                                    (III) the installation of broadband 
                                conduit associated with covered highway 
                                construction project will not be 
                                utilized or connected to future 
                                broadband infrastructure in the next 20 
                                years, in the determination of the 
                                State department of transportation, in 
                                consultation with appropriate State 
                                agencies and potentially affected local 
                                governments and Tribal governments;
                                    (IV) the requirements of this 
                                paragraph would require installation of 
                                conduit redundant with a dig once 
                                requirement of a local or Tribal 
                                government;
                                    (V) there exists a circumstance 
                                involving force majeure; or
                                    (VI) other relevant factors, as 
                                determined by the Secretary in 
                                consultation with the NTIA 
                                Administrator through regulation, 
                                warrant a waiver.
                            (ii) Contents of waiver.--A waiver 
                        authorized under this subparagraph shall--
                                    (I) identify the covered highway 
                                construction project; and
                                    (II) include a brief description of 
                                the determination of the State for 
                                issuing such waiver.
                            (iii) Availability of waiver.--A waiver 
                        authorized under this subparagraph shall be 
                        included in the plans, specifications, and 
                        estimates for the associated project, as long 
                        as such info is publicly available.
            (4) Priority.--If a State provides for the installation of 
        broadband infrastructure in the right-of-way of an applicable 
        Federal-aid highway project under this subsection, the State 
        department of transportation, along with appropriate State 
        agencies, shall carry out appropriate measures to ensure that 
        any existing broadband providers are afforded equal opportunity 
        access, as compared to other broadband providers, with respect 
        to the program under this subsection.
            (5) Consultation.--In promulgating regulations required by 
        this subsection or to implement any part of this section, the 
        Secretary shall consult--
                    (A) the NTIA Administrator;
                    (B) the Federal Communications Commission;
                    (C) State departments of transportation;
                    (D) appropriate State agencies;
                    (E) agencies of local governments responsible for 
                transportation and rights-of-way, utilities, and 
                telecommunications and broadband;
                    (F) Tribal governments;
                    (G) broadband providers; and
                    (H) manufacturers of optical fiber, conduit, pull 
                tape, and related items.
            (6) Prohibition on unfunded mandate.--
                    (A) In general.--This subsection shall apply only 
                to activities for which Federal obligations or 
                expenditures are initially approved on or after the 
                date regulations required under this subsection take 
                effect.
                    (B) No mandate.--Absent an available and dedicated 
                Federal source of funding--
                            (i) nothing in this subsection establishes 
                        a mandate or requirement that a State install 
                        broadband conduit in a highway right-of-way; 
                        and
                            (ii) nothing in paragraph (3) shall 
                        establish any requirement for a State.
            (7) Rules of construction.--
                    (A) State law.--Nothing in this subsection shall be 
                construed to require a State to install or allow the 
                installation of broadband conduit or broadband 
                infrastructure--
                            (i) that is otherwise inconsistent with 
                        what is allowable under State law; or
                            (ii) where the State lacks the authority or 
                        property easement necessary for such 
                        installation.
                    (B) No requirement for installation of mobile 
                services equipment.--Nothing in this section shall be 
                construed to require a State, a municipal government 
                incorporated under State law, or an Indian Tribe to 
                install or allow for the installation of equipment 
                essential for the provision of commercial mobile 
                services (as defined in section 332(d) of the 
                Communications Act of 1934 (47 U.S.C. 332(d))) or 
                commercial mobile data service (as defined in section 
                6001 of the Middle Class Tax Relief and Job Creation 
                Act of 2012 (47 U.S.C. 1401)), other than broadband 
                conduit and associated equipment described in paragraph 
                (3)(B).
    (c) Relation to State Dig Once Requirements.--Nothing in subsection 
(b) or any regulations promulgated under subsection (b) shall be 
construed to alter or supersede any provision of a State law or 
regulation that provides for a dig once requirement that includes 
similar or more stringent requirements to the provisions of subsection 
(b) and any regulations promulgated under this subsection (b).
    (d) Dig Once Funding Task Force.--
            (1) Establishment.--There is established an independent 
        task force on funding the nationwide dig once requirement 
        described in this section to be known as the ``Dig Once Funding 
        Task Force'' (hereinafter referred to as the ``Task Force'').
            (2) Duties.--The duties of the Task Force shall be to--
                    (A) estimate the annual cost for implementing and 
                administering a nationwide dig once requirement; and
                    (B) propose and evaluate options for funding a 
                nationwide dig once requirement described in this 
                section that includes--
                            (i) a discussion of the role and potential 
                        share of costs of--
                                    (I) the Federal Government;
                                    (II) State, local, and Tribal 
                                governments; and
                                    (III) broadband providers; and
                            (ii) consideration of the role of existing 
                        dig once requirements of State, local, and 
                        Tribal governments and private broadband 
                        investment, with a goal to not discourage or 
                        disincentivize such dig once requirements or 
                        such investment.
            (3) Reports.--
                    (A) Interim report and briefing.--Not later than 9 
                months after the date of enactment of this Act, the 
                Task Force shall submit an interim report to Congress 
                and provide briefings for Congress on the findings of 
                the Task Force.
                    (B) Final report.--Not later than 12 months after 
                the date of enactment of this Act, the Task Force shall 
                submit a final report to Congress on the findings of 
                the Task Force.
            (4) Members.--
                    (A) Appointments.--The Task Force shall consist of 
                14 members, consisting of--
                            (i) the 2 co-chairs described in 
                        subparagraph (B);
                            (ii) 6 members jointly appointed by the 
                        Speaker and minority leader of the House of 
                        Representatives, in consultation with the 
                        respective Chairs and Ranking Members of the--
                                    (I) the Committee on Transportation 
                                and Infrastructure of the House of 
                                Representatives;
                                    (II) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                                    (III) the Committee on 
                                Appropriations of the House of 
                                Representatives; and
                            (iii) 6 members jointly appointed by the 
                        majority leader and minority leader of the 
                        Senate, in consultation with the respective 
                        Chairs and Ranking Members of--
                                    (I) the Committee on Environment 
                                and Public Works of the Senate;
                                    (II) the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate; and
                                    (III) the Committee on 
                                Appropriations of the Senate.
                    (B) Co-chairs.--The Task Force shall be co-chaired 
                by the Secretary and the NTIA Administrator, or their 
                designees.
                    (C) Composition.--The Task Force shall include at 
                least--
                            (i) 1 representative from a State 
                        department of transportation;
                            (ii) 1 representative from a local 
                        government;
                            (iii) 1 representative from a Tribal 
                        government;
                            (iv) 1 representative from a broadband 
                        provider;
                            (v) 1 representative from a State or local 
                        broadband provider; and
                            (vi) 1 representative from a public 
                        interest organization.
                    (D) Appointment deadline.--Members shall be 
                appointed to the Task Force not later than 60 days 
                after the date of enactment of this Act.
                    (E) Effect of lack of appointment by appointment 
                date.--If 1 or more appointments required under 
                subparagraph (A) is not made by the appointment date 
                specified in subparagraph (D), the authority to make 
                such appointment or appointments shall expire and the 
                number of members of the Task Force shall be reduced by 
                the number equal to the number of appointments so 
                expired.
                    (F) Terms.--Members shall be appointed for the life 
                of the Task Force. A vacancy in the Task Force shall 
                not affect its powers and shall be filled in the same 
                manner as the initial appointment was made.
            (5) Consultations.--In carrying out the duties required 
        under this subsection, the Task Force shall consult, at a 
        minimum--
                    (A) the Federal Communications Commission;
                    (B) agencies of States including--
                            (i) State departments of transportation; 
                        and
                            (ii) appropriate State agencies;
                    (C) agencies of local governments responsible for 
                transportation and rights of way, utilities, and 
                telecommunications and broadband;
                    (D) Tribal governments;
                    (E) broadband providers and other 
                telecommunications providers; and
                    (F) State or local broadband providers and Tribal 
                governments that act as broadband providers.
            (6) Additional provisions.--
                    (A) Expenses for non-federal members.--Non-Federal 
                members of the Task Force shall be allowed travel 
                expenses, including per diem in lieu of subsistence, at 
                rates authorized for employees under subchapter I of 
                chapter 57 of title 5, United States Code, while away 
                from their homes or regular places of business in the 
                performance of services for the Task Force.
                    (B) Staff.--Staff of the Task Force shall comprise 
                detailees with relevant expertise from the Department 
                of Transportation and the National Telecommunications 
                and Information Administration, or another Federal 
                agency the co-chairpersons consider appropriate, with 
                the consent of the head of the Federal agency, and such 
                detailee shall retain the rights, status, and 
                privileges of his or her regular employment without 
                interruption.
                    (C) Administrative assistance.--The Secretary and 
                NTIA Administrator shall provide to the Task Force on a 
                reimbursable basis administrative support and other 
                services for the performance of the functions of the 
                Task Force.
            (7) Termination.--The Task Force shall terminate not later 
        than 90 days after issuance of the final report required under 
        paragraph (3)(B).
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