[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5742-S5743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2342. Mr. KELLY (for himself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:


[[Page S5743]]


  

        At the appropriate place, insert the following:

     SEC. __. ACCELERATING RURAL BROADBAND DEPLOYMENT ACT.

       (a) Short Title.--This section may be cited as the 
     ``Accelerating Rural Broadband Deployment Act''.
       (b) Access to Federal Rights-of-way for Build Out of 
     Broadband Service.--
       (1) Definitions.--In this subsection:
       (A) Broadband service.--The term ``broadband service'' 
     means--
       (i) 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;
       (ii) 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

       (iii) any service that is the functional equivalent of a 
     service described in clause (i) or (ii).
       (B) Executive agency.--The term ``Executive agency''--
       (i) has the meaning given the term in section 105 of title 
     5, United States Code; and
       (ii) does not include the Department of Defense, except for 
     the Army Corps of Engineers.
       (C) Right-of-way owned by the federal government.--The term 
     ``right-of-way owned by the Federal Government'' means a 
     right-of-way held by a Federal agency across land owned by 
     another person or entity.
       (2) Access.--
       (A) 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, or to a structure owned by the 
     Federal Government, or an instrumentality thereof, in any 
     right-of-way, 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 or 
     structure in 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.
       (B) Duration.-- A license of occupancy issued under this 
     subsection shall be issued with a duration of not less than 
     30 years and may be renewed for additional periods of like 
     duration.
       (C) Application fee.--Each Executive agency shall establish 
     an application fee to be paid upon submission of a request 
     for access under subparagraph (A).
       (D) License fee.--
       (i) In general.--Subject to clause (ii), each Executive 
     agency shall establish an annual license fee for a license of 
     occupancy issued under this paragraph.
       (ii) Fee calculation.--The fee established under clause (i) 
     shall be--

       (I) not more than the costs of the Executive agency 
     directly related to processing a license of occupancy 
     application and maintaining or managing the right-of-way or 
     an occupied structure in the right-of-way; and
       (II) objectively reasonable.

       (iii) Adjustments.-- An annual license fee established 
     under this subparagraph may be adjusted, not more frequently 
     than once every 6 years, to reflect changes in the costs of 
     the Executive agency, as calculated in accordance with clause 
     (ii), upon renewal of such license.
       (E) Consultations.--
       (i) Federal owned land.--In the case of a Federal 
     Government-owned right-of-way or structure located in a 
     right-of-way located on Federal land, the Executive agency 
     having control of the right-of-way or structure shall consult 
     with the owner of the Federal land on whether to approve a 
     request for a license under this paragraph.
       (ii) Tribal land.--In the case of a Federal Government-
     owned right-of-way or structure located in a right-of-way 
     located on Tribal land or held by the Federal Government for 
     the benefit of an Indian Tribe, the Executive agency having 
     control of the right-of-way or structure shall consult and 
     receive consent from the Indian Tribe, as otherwise required 
     by law, before determining whether to approve a request for a 
     license under this paragraph.
       (F) Automatic denial.--In the case of a request for access 
     under subparagraph (A) by a person, firm, or organization, 
     the Executive agency having control of the right-of-way shall 
     deny the request if the person, firm, or organization is 
     determined by the head of the Executive agency to--
       (i) be a risk to national security under the Secure and 
     Trusted Communications Networks Act of 2019 (47 U.S.C. 1601 
     et seq.); or
       (ii) otherwise pose a threat to national security.
       (G) 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.).
       (3) Timely consideration of applications.--
       (A) In general.--Not later than 180 days after the date on 
     which an Executive agency receives a completed application 
     under paragraph (2), the Executive agency shall--
       (i) on behalf of the Federal Government, grant the 
     application, grant the application subject to conditions, or 
     deny the application; and
       (ii) notify the applicant of the decision of the Executive 
     agency under clause (i).
       (B) 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--
       (i) be supported by substantial evidence contained in a 
     written record; and
       (ii) include a clear statement of the reasons for the 
     denial.
       (C) Public release of record.--The written record described 
     in subparagraph (B)(i) shall be made available to the 
     public--
       (i) on the date on which the written notification is 
     provided to the applicant under subparagraph (B); and
       (ii) in a manner consistent with section 552 of title 5, 
     United States Code (commonly known as the ``Freedom of 
     Information Act'') and other related provisions of law.
       (D) Automatic grant of request.--If an Executive agency 
     fails to act on a request received under paragraph (2) by the 
     end of the 180-day period described in subparagraph (A), the 
     application shall be considered granted.
       (4) Requirement.--Any regulation issued by an Executive 
     agency governing management of access to a Federal right-of-
     way or Federal structure in a right-of-way under this section 
     shall--
       (A) be competitively and technologically neutral; and
       (B) apply to all providers of broadband service on a 
     competitively neutral and nondiscriminatory basis.
       (5) Executive agency website requirements.--The head of 
     each Executive agency shall make publicly available on the 
     website of the Executive agency, in a manner that is 
     consistent with subchapter I of chapter 35 of title 44, 
     United States Code, the following:
       (A) The name or unique identifier of each entity submitting 
     an application under paragraph (2) with respect to which the 
     Executive agency is the Executive agency having control over 
     the applicable right-of-way or structure in the right-of-way.
       (B) The date on which each application described in 
     subparagraph (A) was submitted to the Executive agency.
       (C) The status of each application described in 
     subparagraph (A), including--
       (i) if the application has been granted, any accompanying 
     information, including the period during which the applicant 
     will have access to the applicable right-of-way or structure;
       (ii) if the application has been granted subject to 
     conditions, any accompanying information, including the 
     conditions that the applicant is required to satisfy in order 
     for the Executive agency to grant the application; and
       (iii) if the application has been denied, the written 
     record and statement required under paragraph (3)(B).
                                 ______