[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1113 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1113

To require Federal agencies to timely respond to right-of-way requests 
    for the build out of broadband service, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2021

 Mr. Daines (for himself and Mr. Kelly) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To require Federal agencies to timely respond to right-of-way requests 
    for the build out of broadband service, 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 ``Accelerating Rural Broadband 
Deployment Act''.

SEC. 2. ACCESS TO FEDERAL RIGHTS-OF-WAY FOR BUILD OUT OF BROADBAND 
              SERVICE.

    (a) Definitions.--In this section:
            (1) Broadband service.--The term ``broadband service'' 
        means--
                    (A) any service that has the capacity to transmit 
                data to enable users or devices to originate and 
                receive high-quality voice, data, graphics, and video;
                    (B) any service by wire or radio that provides the 
                capability to transmit data to, and receive data from, 
                all or substantially all internet endpoints--
                            (i) including any capabilities that are 
                        incidental to, and enable the operation of, the 
                        service; and
                            (ii) excluding dial-up internet access 
                        service; or
                    (C) any service that is the functional equivalent 
                of a service described in subparagraph (A) or (B).
            (2) Executive agency.--The term ``Executive agency''--
                    (A) has the meaning given the term in section 105 
                of title 5, United States Code; and
                    (B) does not include the Department of Defense, 
                except for the Army Corps of Engineers.
    (b) Access.--
            (1) In general.--If an Executive agency, a State, a 
        political subdivision or agency of a State, an Indian tribal 
        government, or a person, firm, or organization requests access 
        to a right-of-way owned by the Federal Government, or an 
        instrumentality thereof, in order to place, construct, modify, 
        or operate facilities for the provision of broadband service, 
        the Executive agency having control of the right-of-way may 
        grant to the applicant, on behalf of the Federal Government, a 
        license of occupancy authorizing the deployment of all 
        equipment required to deploy broadband service.
            (2) Duration.--A license of occupancy issued under this 
        subsection shall be issued with a duration of not more than 30 
        years and may be automatically renewed for additional periods 
        of like duration.
            (3) Fee.--
                    (A) In general.--Each Executive agency shall 
                establish an annual license fee for a license of 
                occupancy issued under this subsection.
                    (B) Considerations.--In establishing a fee under 
                subparagraph (A), an Executive agency shall--
                            (i) consider property valuations based on 
                        the restricted and limited use nature of the 
                        underlying parcel (adjacent commercial, private 
                        or multiple use properties shall not be used 
                        for the purpose of determining comparable 
                        valuations); and
                            (ii) the size of the portion of land 
                        requested to accommodate the equipment of the 
                        licensee that is required to deploy broadband 
                        service.
                    (C) Adjustments.--An annual license fee established 
                under this paragraph may be adjusted, not more 
                frequently than once every 6 years, to reflect the 
                current valuations upon renewal of such license.
            (4) Rule of construction.--Nothing in this subsection shall 
        be construed to exempt an Executive agency from the 
        requirements of division A of subtitle III of title 54, United 
        States Code, or the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.).
    (c) Timely Consideration of Applications.--
            (1) In general.--Not later than 60 days after the date on 
        which an Executive agency receives a request under subsection 
        (b), the Executive agency shall--
                    (A) on behalf of the Federal Government, grant the 
                application, grant the application subject to 
                conditions, or deny the application; and
                    (B) notify the applicant of the decision of the 
                Executive agency under subparagraph (A).
            (2) Explanation of denial.--If an Executive agency denies 
        an application under this subsection, the Executive agency 
        shall notify the applicant in writing of such denial, which 
        shall--
                    (A) be supported by substantial evidence contained 
                in a written record; and
                    (B) include a clear statement of the reasons for 
                the denial.
            (3) Public release of record.--The written record described 
        in paragraph (2)(A) shall be made available to the public on 
        the date on which the written notification is provided to the 
        applicant under paragraph (2).
            (4) Automatic grant of request.--If an Executive agency 
        fails to act on a request received under subsection (b) by the 
        end of the 60-day period described in paragraph (1), the 
        application shall be considered granted.
    (d) Requirement.--Any regulation issued by an Executive agency 
governing management of access to a Federal right-of-way under this 
section shall--
            (1) be competitively and technologically neutral; and
            (2) apply to all providers of broadband service on a 
        competitively neutral and nondiscriminatory basis.
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