Nationwide Dig Once Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3703 To facilitate the installation of broadband infrastructure, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 4, 2021 Ms. ESHOO (for herself, Mr. MCKINLEY, and Mr. DELGADO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To facilitate the installation of broadband infrastructure, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Nationwide Dig Once 4 Act of 2021’’. 5 SEC. 2. DIG ONCE FOR BROADBAND INFRASTRUCTURE DE- 6 PLOYMENT. 7 (a) DEFINITIONS.—In this section: 8 (1) APPROPRIATE STATE AGENCY.—The term 9 ‘‘appropriate State agency’’ means a State govern- 10 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3703 IH mental agency that is recognized by the executive 1 branch of the State as having the experience nec- 2 essary to evaluate and facilitate the installation and 3 operation of broadband infrastructure within the 4 State. 5 (2) BROADBAND.—The term ‘‘broadband’’ has 6 the meaning given the term ‘‘advanced telecommuni- 7 cations capability’’ in section 706 of the Tele- 8 communications Act of 1996 (47 U.S.C. 1302). 9 (3) BROADBAND CONDUIT.—The term 10 ‘‘broadband conduit’’ means a conduit or innerduct 11 for fiber optic cables (or successor technology of 12 greater quality and speed) that supports the provi- 13 sion of broadband. 14 (4) BROADBAND INFRASTRUCTURE.—The term 15 ‘‘broadband infrastructure’’ means any buried or un- 16 derground facility and any wireless or wireline con- 17 nection that enables the provision of broadband. 18 (5) BROADBAND PROVIDER.—The term 19 ‘‘broadband provider’’ means an entity that provides 20 broadband to any person, including, with respect to 21 such entity— 22 (A) a corporation, company, association, 23 firm, partnership, nonprofit organization, or 24 any other private entity; 25 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3703 IH (B) a State or local broadband provider; 1 (C) an Indian Tribe; and 2 (D) a partnership between any of the enti- 3 ties described in subparagraphs (A), (B), and 4 (C). 5 (6) COVERED HIGHWAY CONSTRUCTION 6 PROJECT.— 7 (A) IN GENERAL.—The term ‘‘covered 8 highway construction project’’ means, without 9 regard to ownership of a highway, a project 10 funded under title 23, United States Code, and 11 administered by a State department of trans- 12 portation to construct a new highway or an ad- 13 ditional lane for an existing highway, to recon- 14 struct an existing highway, or new construction, 15 including construction of a paved shoulder. 16 (B) EXCLUSIONS.—The term ‘‘covered 17 highway construction project’’ excludes any 18 project— 19 (i) awarded before the date on which 20 regulations required under subsection (b) 21 take effect; 22 (ii) that does not include work beyond 23 the edge of pavement or current paved 24 shoulder; 25 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3703 IH (iii) that is less than a mile in length; 1 or 2 (iv) that is— 3 (I) a project primarily for resur- 4 facing, restoration, rehabilitation, or 5 maintenance; 6 (II) a bicycle, pedestrian, trans- 7 portation alternatives, sidewalk, rec- 8 reational trails, or safe routes to 9 school project; 10 (III) an operational improvement 11 (as such term is defined in section 12 101 of title 23, United States Code); 13 (IV) a project primarily to install 14 signage; or 15 (V) a culvert project. 16 (7) DIG ONCE REQUIREMENT.—The term ‘‘dig 17 once requirement’’ means a requirement designed to 18 reduce the cost and accelerate the deployment of 19 broadband by minimizing the number and scale of 20 repeated excavations for the installation and mainte- 21 nance of broadband conduit or broadband infrastruc- 22 ture in rights-of-way. 23 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 24 has the meaning given such term in section 4(e) of 25 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3703 IH the Indian Self-Determination and Education Assist- 1 ance Act (25 U.S.C. 5304(e)). 2 (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 3 Administrator’’ means the Assistant Secretary of 4 Commerce for Communications and Information. 5 (10) PROJECT.—The term ‘‘project’’ has the 6 meaning given such term in section 101 of title 23, 7 United States Code. 8 (11) SECRETARY.—The term ‘‘Secretary’’ 9 means the Secretary of Transportation. 10 (12) STATE.—The term ‘‘State’’ has the mean- 11 ing given such term in section 401 of title 23, 12 United States Code. 13 (13) STATE OR LOCAL BROADBAND PRO- 14 VIDER.—The term ‘‘State or local broadband pro- 15 vider’’ means a State or political subdivision thereof, 16 or any agency, authority, or instrumentality of a 17 State or political subdivision thereof, that provides 18 broadband to any person or facilitates the provision 19 of broadband to any person in such State. 20 (b) DIG ONCE REQUIREMENT.—Not later than 12 21 months after the date of enactment of this Act, to facili- 22 tate the installation of broadband infrastructure, the Sec- 23 retary shall issue such regulations as may be necessary 24 to ensure that each State that receives funds under chap- 25 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3703 IH ter 1 of title 23, United States Code, complies with the 1 following provisions: 2 (1) BROADBAND PLANNING AND NOTICE.—The 3 State department of transportation, in consultation 4 with appropriate State agencies, shall— 5 (A) review existing State broadband plans, 6 including existing dig once requirements of the 7 State, municipal governments incorporated 8 under State law, and Indian tribes within the 9 State, to determine opportunities to coordinate 10 covered highway construction projects occurring 11 within or across highway rights-of-way with 12 planned broadband infrastructure projects; 13 (B) identify a broadband coordinator, who 14 may have additional responsibilities in the State 15 department of transportation or in another 16 State agency, that is responsible for facilitating 17 the broadband infrastructure right-of-way ef- 18 forts within the State; and 19 (C) establish a process— 20 (i) for the registration of broadband 21 providers that seek to be included in the 22 advance notification of, and opportunity to 23 participate in, broadband infrastructure 24 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3703 IH right-of-way facilitation efforts within the 1 State; and 2 (ii) to electronically notify all 3 broadband providers registered under 4 clause (i)— 5 (I) of the State transportation 6 improvement program on at least an 7 annual basis; and 8 (II) of covered highway construc- 9 tion projects within the highway right- 10 of-way for which Federal funding is 11 expected to be obligated in the subse- 12 quent fiscal year. 13 (2) COORDINATION AND COMPLIANCE.— 14 (A) MOBILE NOW ACT.—A State depart- 15 ment of transportation shall be considered to 16 meet the requirements of subparagraphs (B) 17 and (C) of paragraph (1) if such State depart- 18 ment of transportation has been determined to 19 be in compliance with the requirements estab- 20 lished under section 607 of division P of the 21 Consolidated Appropriations Act, 2018 (47 22 U.S.C. 1504). 23 (B) WEBSITE.—A State department of 24 transportation shall be considered to meet the 25 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3703 IH requirements of paragraph (1)(C) if the State 1 publishes on a public website— 2 (i) the State transportation improve- 3 ment program on at least an annual basis; 4 and 5 (ii) covered highway construction 6 projects within the highway right-of-way 7 for which Federal funding is expected to be 8 obligated in the subsequent fiscal year. 9 (C) COORDINATION.—The State depart- 10 ment of transportation, in consultation with ap- 11 propriate State agencies, shall by rule or regu- 12 lation establish a process for a broadband pro- 13 vider to commit to installing broadband conduit 14 or broadband infrastructure as part of any cov- 15 ered highway construction project. 16 (D) APPROPRIATE STATE AGENCY.—In 17 lieu of the State department of transportation, 18 at the discretion of the State, an appropriate 19 State agency, in consultation with the State de- 20 partment of transportation, may carry out the 21 requirements of paragraph (1). 22 (3) REQUIRED INSTALLATION OF BROADBAND 23 CONDUIT.— 24 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3703 IH (A) IN GENERAL.—The State department 1 of transportation shall install broadband con- 2 duit, in accordance with this paragraph (except 3 as described in subparagraph (F)), as part of 4 any covered highway construction project, un- 5 less a broadband provider has committed to in- 6 stall broadband conduit or broadband infra- 7 structure as part of such project in a process 8 described under paragraph (2)(C). 9 (B) INSTALLATION REQUIREMENTS.—In 10 installing broadband conduit or broadband in- 11 frastructure as part of a covered highway con- 12 struction project, the State department of 13 transportation shall ensure that— 14 (i) installation pursuant to this para- 15 graph of broadband conduit, broadband in- 16 frastructure, and means or points of access 17 to such conduit or infrastructure (such as 18 poles, hand holes, manholes, pull tape, or 19 ducts) shall provide for the current and fu- 20 ture safe operation of the traveled way, is 21 consistent with part 645 of title 23, Code 22 of Federal Regulations, and any accommo- 23 dation policies of the State under such 24 part to reasonably enable deployment of 25 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3703 IH such conduit, infrastructure, and means or 1 points of access, and any Damage Preven- 2 tion and Underground Facilities Protection 3 or related requirements of the State; 4 (ii) an appropriate number of 5 broadband conduits, as determined in con- 6 sultation with the appropriate State agen- 7 cies, are installed along the right-of-way of 8 a covered highway construction project to 9 accommodate multiple broadband pro- 10 viders, with consideration given to the 11 availability of existing broadband conduits; 12 (iii) the size of each broadband con- 13 duit is consistent with industry best prac- 14 tices, consistent with the requirements of 15 part 645 of title 23, Code of Federal Regu- 16 lations, and sufficient to accommodate an- 17 ticipated demand, as determined in con- 18 sultation with the appropriate State agen- 19 cies; 20 (iv) any hand holes and manholes nec- 21 essary for fiber access and pulling with re- 22 spect to such conduit are placed at inter- 23 vals consistent with standards determined 24 in consultation with the appropriate State 25 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3703 IH agencies (which may differ by type of road, 1 topologies, and rurality) the requirements 2 of part 645 of title 23, Code of Federal 3 Regulations, and other applicable safety re- 4 quirements; 5 (v) each broadband conduit installed 6 pursuant to this paragraph includes a pull 7 tape and is capable of supporting fiber 8 optic cable placement techniques consistent 9 with best practices and the requirements of 10 part 645 of title 23, Code of Federal Regu- 11 lations; 12 (vi) broadband conduit is placed at a 13 depth consistent with requirements of the 14 covered highway construction project and 15 best practices and that, in determining the 16 depth of placement, consideration is given 17 to the location of existing utilities and 18 cable separation requirements of State and 19 local electrical codes; and 20 (vii) installation of broadband conduit 21 shall not preclude the installation of other 22 specific socially, environmentally, or eco- 23 nomically beneficial uses of the right-of- 24 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 3703 IH way, such as planned energy transmission 1 or renewable energy generation projects. 2 (C) PROGRAMMATIC REVIEW.—The State 3 department of transportation may make deter- 4 minations on the implementation of the require- 5 ments described in subparagraph (B) on a pro- 6 grammatic basis. 7 (D) ACCESS.— 8 (i) IN GENERAL.—The State depart- 9 ment of transportation shall ensure that 10 any requesting broadband provider has ac- 11 cess to each broadband conduit installed by 12 the State pursuant to this paragraph, on a 13 competitively neutral and nondiscrim- 14 inatory basis and in accordance with State 15 permitting, licensing, leasing, or other 16 similar laws and regulations. 17 (ii) SOCIALLY BENEFICIAL USE.—The 18 installation of broadband conduit as part 19 of a covered highway construction project 20 shall be considered a socially-beneficial use 21 of the right-of-way under section 156(b) of 22 title 23, United States Code. 23 (iii) IN-KIND COMPENSATION.—The 24 State department of transportation may 25 VerDate Sep 11 2014 01:59 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3703.IH H3703 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 3703 IH negotiate in-kind compensation with any 1 broadband provider requesting access to 2 broadband conduit installed under the pro- 3 visions of this paragraph. 4 (iv) SAFETY CONSIDERATIONS.—The 5 State department of transportation shall 6 provide for a process for a broadband pro- 7 vider to safely access to the highway right- 8 of-way during installation and on-going 9 maintenance of the broadband conduit and 10 broadband infrastructure, including a traf- 11 fic control safety plan. 12 (v) [Text truncated for display. Full text available on Congress.gov.]