S. 1939 (112th): Broadband Conduit Deployment Act of 2011

112th Congress, 2011–2013. Text as of Dec 01, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

II

112th CONGRESS

1st Session

S. 1939

IN THE SENATE OF THE UNITED STATES

December 1, 2011

(for herself and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend title 23, United States Code, to direct the Secretary of Transportation to require that broadband conduits be installed as part of certain highway construction projects, and for other purposes.

1.

Short title

This Act may be cited as the Broadband Conduit Deployment Act of 2011.

2.

Inclusion of broadband conduit installation in certain highway construction projects

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

(a)

Definitions

In this section:

(1)

Broadband

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.

(2)

Broadband conduit

The term broadband conduit means a conduit for fiber optic cables that support broadband or, where appropriate, wireless facilities for broadband service.

(3)

Covered highway construction project

The term covered highway construction project means a project to construct a new highway or to construct an additional lane or shoulder for an existing highway that—

(A)

is commenced after the date of enactment of this section; and

(B)

receives funding under this title.

(b)

Requirement

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.

(c)

Installation requirements

In carrying out subsection (b), the Secretary shall ensure, to the maximum extent practicable with respect to a covered highway construction project, that—

(1)

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;

(2)

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

(3)

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.

(d)

Standards

In establishing standards to carry out subsection (c), the Secretary shall take into consideration—

(1)

population density in the area of a covered highway construction project;

(2)

the type of highway involved in the project; and

(3)

existing broadband access in the area of the project.

(e)

Pull tape

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.

(f)

Access

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.

(g)

Depth of installation

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.

(h)

Waiver authority

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.

(i)

Coordination with FCC

In carrying out this section, the Secretary shall coordinate with the Federal Communications Commission, including with respect to determinations regarding—

(1)

potential demand under subsection (c)(2);

(2)

existing broadband access under subsection (d)(3);

(3)

pull tape requirements under subsection (e); and

(4)

depth-of-installation standards under subsection (g).

.

3.

Conforming amendment

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.

.