Sec. 3. Inclusion of broadband conduit installation in certain highway construction projects
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/bill/114/s/2163/is/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 3 of title 23, United States Code, is amended by adding at the end the following: In this section: The term broadband means an Internet Protocol-based transmission service that enables users to send and receive voice, video, data, or graphics, or a combination of those items. The term broadband conduit means a conduit for materials that support broadband or, where appropriate, wireless facilities for broadband service. The term covered highway construction project means a project to construct a new highway or to construct an additional lane for an existing highway that— is commenced after the date of enactment of this section; and receives funding under this title.
The Secretary shall require States to install 1 or more broadband conduits in accordance with this section as part of any covered highway construction project. In carrying out subsection (b), the Secretary shall ensure, to the maximum extent practicable with respect to a covered highway construction project, that— an appropriate number of broadband conduits, as determined by the Secretary, are installed along the highway to accommodate multiple broadband providers, with consideration given to the availability of existing conduits; the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined by the Secretary; and hand holes and manholes for fiber access and pulling with respect to each such conduit are placed at intervals consistent with industry best practices, as determined by the Secretary.
In establishing standards to carry out subsection (c), the Secretary shall take into consideration— population density in the area of a covered highway construction project; the type of highway involved in the project; and existing broadband access in the area of the project. The Secretary shall ensure that the standards established to carry out subsection
(c)apply to all areas, including rural and remote areas with low population density. Each broadband conduit installed pursuant to this section shall include a pull tape and be capable of supporting fiber optic cable placement techniques consistent with industry best practices, as determined by the Secretary. The Secretary shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this section, on a competitively neutral and nondiscriminatory basis, for a charge not to exceed a cost-based rate. Each broadband conduit installed pursuant to this section shall be placed at a depth consistent with industry best practices, as determined by the Secretary, after consideration is given to the location of existing utilities and the cable separation requirements of State and local electrical codes. The Secretary may waive the application of this section or any provision of this section if the Secretary determines that, upon a showing of undue burden or that a covered highway construction project is not necessary based on the availability of existing broadband conduit infrastructure, cost-benefit analysis, or consideration of other relevant factors, the waiver is appropriate with respect to a covered highway construction project. In carrying out this section, the Secretary shall coordinate with the Federal Communications Commission and the Administrator of the National Telecommunications and Information Administration, including with respect to determinations regarding— potential demand under subsection (c)(2); existing broadband access under subsection (d)(1)(C); pull tape requirements under subsection (e); and depth-of-installation standards under subsection (g). Not later than 1 year after the date of enactment of this section, the Secretary shall establish and maintain a registry that contains information regarding the broadband conduit projects carried out under this section. . The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: 330. Inclusion of broadband conduit installation in certain highway construction projects. .