Sec. 8. Broadband infrastructure deployment
479 words·~2 min read·
/bill/115/s/19/rs/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the policy of the United States for the Department of Transportation and State departments of transportation— to adjust or otherwise develop right-of-way policies for Federal-aid highways to effectively accommodate broadband infrastructure; to ensure the safe and efficient accommodation of broadband infrastructure in the public right-of-way; to include broadband stakeholders in the transportation planning process; and to coordinate highway construction plans with other statewide telecommunications and broadband plans.
In this section: The term appropriate State agency means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of broadband infrastructure. The term broadband infrastructure means any buried or aerial facility, and any wireless or wireline connection, that enables users to send and receive voice, video, data, graphics, or any combination thereof.
The term broadband infrastructure entity means any entity that— installs, owns, or operates broadband infrastructure; and provides broadband services to the public in a manner consistent with the public interest, convenience, and necessity, as determined by the State. The term State means— a State; the District of Columbia; and the Commonwealth of Puerto Rico. To facilitate the installation of broadband infrastructure and achieve the policy described in subsection (a), the Secretary of Transportation shall ensure that each State that receives funds under chapter 1 of title 23, United States Code, meets the following requirements:
The State department of transportation, in coordination with appropriate State agencies, shall— identify a broadband utility coordinator, that may have additional responsibilities, whether in the State department of transportation or in another State agency, and that is responsible for coordinating the broadband infrastructure right-of-way needs of the State with Federal-aid highway projects carried out in the State; establish a process for the registration of broadband infrastructure entities that seek to be included in those broadband infrastructure right-of-way coordination efforts within the State; coordinate initiatives carried out under this section with other statewide telecommunication and broadband plans and State and local transportation and land use plans; and develop strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way.
If a State chooses to provide for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway under this subsection in a given case, the State department of transportation shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged, as compared to other broadband infrastructure entities, with respect to the program under this subsection. This section applies only to activities for which obligations or expenditures are initially approved on or after the date of enactment of this Act.
Nothing in this section establishes a mandate or requirement, or authorizes the Secretary to establish a mandate or requirement, that a State install broadband infrastructure in a highway right-of-way.