Sec. 1603. Broadband infrastructure deployment
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In this section: The term appropriate committees means— the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Energy and Commerce of the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Environment and Public Works of the Senate; the Committee on Appropriations of the House of Representatives; and the Committee on Appropriations of the Senate. 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 has the meaning given the term advanced telecommunications capability in section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 ). The term broadband infrastructure means any buried, underground, or aerial facility, and any wireless or wireline connection that enables the provision of broadband. The term broadband infrastructure entity means any entity, including a State or local entity or a public-private partnership (between a State or local entity and a private entity), that— installs, owns, or operates broadband infrastructure; and provides broadband in a manner consistent with the public interest, convenience, and necessity, as determined by the State.
The term dig once requirement means a requirement designed to reduce the number and scale of repeated excavations for the installation and maintenance of broadband facilities in rights-of-way. The term State means— a State; the District of Columbia; and the Commonwealth of Puerto Rico. To facilitate the installation of broadband infrastructure, the Secretary of Transportation shall, not later than 6 months after the date of enactment of this Act, issue regulations to 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 consultation with appropriate State agencies, shall— identify a broadband utility coordinator, who may have additional responsibilities in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State; establish a process for the registration of broadband infrastructure entities that seek to be included in the broadband infrastructure right-of-way facilitation efforts within the State; review existing State broadband plans, including existing dig once requirements of the State or municipal governments within the State, to determine opportunities to coordinate projects occurring within highway rights-of-way with planned broadband infrastructure projects; and establish a process to electronically notify broadband infrastructure entities registered under subparagraph (B)— of the State transportation improvement program on an annual basis; of all projects within the highway right-of-way for which Federal funding is expected to be obligated in the subsequent fiscal year; and any opportunities for coordination identified by the State under subparagraph (C).
If a State provides for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway project under this subsection, the State department of transportation, along with appropriate State agencies, 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 subsection shall apply only to activities for which Federal obligations or expenditures are initially approved on or after the date regulations required under this subsection become effective.
Nothing in this section establishes a mandate or requirement that a State install or allow the installation of broadband infrastructure in a highway right-of-way. Nothing in this section authorizes the Secretary of Transportation to withhold or reserve funds or approval of a project under title 23, United States Code. There is established an independent task force on funding for dig once to be known as the Dig Once Funding Task Force (hereinafter referred to as the Task Force ).
The duties of the Task Force shall be to— estimate the annual cost for a nationwide dig once requirement; and propose and evaluate options for funding a nationwide dig once requirement that includes— a discussion of the role of— the Federal Government; State, local, and Tribal governments; and broadband infrastructure entities; and consideration of the role of existing dig once requirements of State, local, and Tribal governments, ensuring the expansion of such requirements are not disincentivized.
Not later than 6 months after the date of enactment of this Act, the Task Force shall submit to Congress an interim report and provide for the appropriate committees briefings on the findings of the Task Force. Not later than 9 months after the date of enactment of this Act, the Task Force shall submit to Congress a final report on the findings of the Task Force. The Task Force shall consist of 14 members, consisting of— the 2 cochairs described in subparagraph (B); and 1 member appointed by each of the Chairs and Ranking Members of the appropriate committees.
The Task Force shall be cochaired by— the Secretary of Transportation; and the Assistant Secretary of Commerce for Communications and Information. Members shall be appointed to the Task Force not later than 60 days after the date of enactment of this Act. If 1 or more appointments required under subparagraph
(A)is not made by the appointment date specified in subparagraph (C), the authority to make such appointment or appointments shall expire and the number of members of the Commission shall be reduced by the number equal to the number of appointments so expired. Members shall be appointed for the life of the Task Force. A vacancy in the Task Force shall not affect its powers and shall be filled in the same manner as the initial appointment was made. In carrying out the duties required under this subsection, the Task Force shall consult, at a minimum— the Federal Communications Commission; agencies of States including— State departments of transportation; and appropriate State agencies; agencies of local and Tribal governments responsible for— transportation and rights-of-way; and broadband access (including agencies, subdivisions, or affiliated organizations that act as broadband infrastructure entities); and broadband infrastructure entities and other telecommunications providers. The Task Force shall terminate not later than 90 days after issuance of the final report required under paragraph (3)(B).
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Sec. 1603
Broadband infrastructure deployment
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