Sec. 2011. Broadband infrastructure deployment
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It is in the national interest for the Department of Transportation and State departments of transportation to expand the use of rights-of-way on Federal-aid highways to accommodate broadband infrastructure; to ensure the safe and efficient accommodation of broadband infrastructure in the public right-of-way; to identify areas where additional broadband infrastructure is most needed; to include broadband stakeholders in the transportation planning process; to coordinate highway construction plans with other statewide telecommunications and broadband plans; and to improve broadband connectivity to rural communities and improve broadband services in urban areas.
To advance the policy identified in subsection (a), the Secretary shall carry out a broadband infrastructure deployment initiative under this section. In order to expand the installation of broadband infrastructure, the Secretary shall require each State that receives funds under title II of this Act to meet the following requirements: Each State department of transportation shall— have a broadband utility coordinator responsible for coordinating the broadband infrastructure needs of the State with Federal-aid highway projects; provide for online registration of broadband infrastructure entities that seek to be included in such broadband infrastructure coordination efforts within the State; coordinate with other State and local agencies and broadband infrastructure entities registered with the State department of transportation under clause
(ii)and the First Responder Network Authority (FirstNet) as established in section 6204 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 42 U.S.C. 1424 ), to review areas within the State that are unserved or underserved by broadband; and include broadband infrastructure entities registered with the State department of transportation under clause
(ii)in the transportation planning processes under sections 134 and 135 of title 23, United States Code. Each State department of transportation shall— based on the coordination under subparagraph (A), develop a comprehensive State broadband infrastructure coordination plan to expand the adoption and deployment of broadband infrastructure within the State through, at a minimum, the use of rights-of-way for Federal-aid highways and strategies to support increased availability and adoption in unserved and underserved areas in accordance with paragraph (2)(A)(iii); to the extent practicable, coordinate the State broadband infrastructure coordination plan with other statewide telecommunication or broadband plans, and with State and local transportation and land use plans; include in its State broadband infrastructure coordination plan strategies to minimize repeated excavations that involve the installation of broadband infrastructure in the right-of-way; and include in its State broadband infrastructure coordination plan strategies to support increased broadband availability and adoption in unserved and underserved areas in accordance with paragraph (2)(A)(iii). Notwithstanding any other provision of law— each State department of transportation shall— allow the installation of broadband infrastructure in the right-of-way of every Federal-aid highway to the extent the State holds sufficient ownership rights to authorize such accommodation; and establish reasonable conditions to provide right-of-way access to broadband infrastructure entities to construct, operate, and maintain broadband infrastructure, and may prohibit such uses that would adversely affect highway or traffic safety. Such use and access shall be free of charge to a broadband infrastructure entity requesting access for the purposes of broadband infrastructure installation; and each State may— designate one or more longitudinal areas within each right-of-way to accommodate broadband infrastructure; and require all broadband infrastructure entities to locate their broadband infrastructure within such longitudinal areas. Each State department of transportation shall consider new technology and construction practices that would allow for the safe and efficient accommodation of broadband infrastructure in the right-of-way. A State meeting the requirements under paragraph
(2)may use funds authorized for the surface transportation program under section 133 of title 23, United States Code, and the national highway performance program under section 119 of such title, to install broadband infrastructure as part of a Federal-aid highway project located in an area identified under paragraph (2)(A)(iii), and the broadband infrastructure may be utilized to support non-transportation purposes in addition to transportation purposes. In this section, the following definitions apply: The term broadband infrastructure means buried or aerial facilities, wireless or wireline connection that enables users to send and receive voice, video, data, graphics, or a combination thereof. The term broadband infrastructure entity means any entity that installs, owns, or operates broadband infrastructure and provides services to members of the public. The term right-of-way means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a Federal-aid highway. The term State means any of the 50 States, the District of Columbia, or Puerto Rico.
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- 42 USC 1424
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Sec. 2011
Broadband infrastructure deployment
Cite42 USC 1424
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