[Congressional Record Volume 167, Number 140 (Thursday, August 5, 2021)]
[Senate]
[Pages S5975-S5976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2600. Mr. BLUMENTHAL (for himself and Mr. Wicker) 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,

[[Page S5976]]

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:

        At the appropriate place in division F, insert the 
     following:

     SEC. _____. REGULATION OF POLE ATTACHMENTS.

        Section 224 of the Communications Act of 1934 (47 U.S.C. 
     224) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(6) The term `broadband service' has the meaning given 
     the term `broadband internet access service' in section 8.1 
     of title 47, Code of Federal Regulations, or any successor 
     regulation.'';
       (2) in subsection (b), by adding at the end the following:
       ``(3) Not later than 180 days after the date of enactment 
     of this paragraph, the Commission shall prescribe regulations 
     that--
       ``(A) include an expedited complaint and dispute resolution 
     process to resolve, in not more than 90 days, disagreements 
     involving access to poles for purposes of providing broadband 
     service, including pole replacements and the terms, 
     conditions, and charges for pole replacements;
       ``(B) provide that the pendency of an appeal from any 
     decision in favor of an attaching entity shall not prevent 
     the attaching entity from proceeding with any disputed 
     attachment; and
       ``(C) provide that the regulations prescribed under this 
     paragraph take precedence, when in conflict, over any 
     agreement between a utility and an attaching entity entered 
     into before the date on which the regulations are prescribed.
       ``(4) Not later than 180 days after the date of enactment 
     of this paragraph, the Commission shall prescribe regulations 
     to govern the charges for any pole attachments used by any 
     entity, in whole or in part, to provide broadband service 
     that--
       ``(A) ensure that a charge for the replacement of a pole 
     shall not be considered just and reasonable unless--
       ``(i) the responsibility of the attaching entity is limited 
     to compensating the utility for--
       ``(I) the remaining accounting value of the pole being 
     replaced;
       ``(II) any incremental costs from increasing the capacity 
     of the pole; and
       ``(III) any costs of advancing the replacement of the pole 
     by its remaining service life, as measured by the difference 
     between the age of the pole and the utility's average service 
     life for a pole; and
       ``(ii) any recovery by the utility of its share of such 
     costs through recurring rates excludes amounts recovered 
     through non-recurring charges to attaching entities permitted 
     under this subsection, including under clause (i), and 
     through depreciation; and
       ``(B) ensure that terms and conditions for pole 
     attachments--
       ``(i) require all work to facilitate replacement of a pole 
     under subsection (f)(2)(B) to be completed by the utility or 
     its designee not later than 90 days after the receipt by the 
     utility, from the attaching entity, of a complete application 
     and payment consistent with regulations implemented under 
     paragraph (3) of this subsection, unless the Commission finds 
     that unforeseeable exigent circumstances prevent completion 
     of complex make-ready projects within that period, in which 
     case the work shall be completed not later than 120 days 
     after the receipt of the complete application and payment;
       ``(ii) require a utility to designate contractors qualified 
     and authorized to safely perform replacement of a pole under 
     subsection (f)(2)(B) if the utility is unable to comply with 
     the deadline under clause (i) of this subparagraph;
       ``(iii) prohibit a utility from unreasonably withholding 
     consent to designate, in accordance with clause (ii), 
     contractors proposed by the attaching entity that are 
     qualified and authorized to safely perform replacement of a 
     pole under subsection (f)(2)(B); and
       ``(iv) provide that an attaching entity may--
       ``(I) engage and direct contractors that are qualified and 
     authorized to safely perform replacement of a pole under 
     subsection (f)(2)(B) designated by the utility to complete 
     any make-ready work if the utility is unable to complete the 
     work by the deadline under clause (i) of this subparagraph; 
     and
       ``(II) recover from the utility any costs related to work 
     completed under subclause (I) for which the utility is 
     responsible.''; and
       (3) in subsection (f), by striking paragraph (2) and 
     inserting the following:
       ``(2)(A) Notwithstanding paragraph (1), and subject to 
     subparagraph (B) of this paragraph, a utility providing 
     electric service may deny a cable television system or any 
     telecommunications carrier access to its poles, ducts, 
     conduits, or rights-of-way, on a non-discriminatory basis for 
     reasons of reasons of safety, reliability, and generally 
     applicable engineering purposes.
       ``(B) If a utility denies access to a cable television 
     system or telecommunications carrier under subparagraph (A), 
     upon the request of the cable television system or 
     telecommunications carrier, the utility shall on a 
     nondiscriminatory basis expand the capacity of, or replace, 
     any pole, duct, conduit, or right-of-way owned or controlled 
     by the utility to enable the requesting entity to provide 
     broadband service if the requesting entity agrees to pay a 
     proportionate share of the costs of the expansion or 
     replacement in accordance with the regulations prescribed by 
     the Commission under subsection (b)(4).''.
                                 ______