CLIMB ONCE Act

I 116TH CONGRESS 1ST SESSION H. R. 2784 To clarify section 224 of the Communications Act of 1934 as not limiting the ability of a State to adopt a one touch make ready policy for pole attachments, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 16, 2019 Ms. ESHOO introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To clarify section 224 of the Communications Act of 1934 as not limiting the ability of a State to adopt a one touch make ready policy for pole attachments, 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 ‘‘Clearing Local Impedi- 4 ments Makes Broadband Open to New Competition and 5 Enhancements’’ or the ‘‘CLIMB ONCE Act’’. 6 VerDate Sep 11 2014 19:43 May 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2784.IH H2784 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2784 IH SEC. 2. STATE ADOPTION OF ONE TOUCH MAKE READY 1 POLICY FOR POLE ATTACHMENTS. 2 (a) CONSTRUCTION.—Nothing in section 224 of the 3 Communications Act of 1934 (47 U.S.C. 224) or the im- 4 plementing rules of the Federal Communications Commis- 5 sion shall be construed to limit the ability of a State to 6 adopt a one touch make ready policy with respect to pole 7 attachments. 8 (b) DEVELOPMENT OF MODEL POLICY.—Not later 9 than 180 days after the date of the enactment of this Act, 10 the Commission shall publish recommendations on best 11 practices, including a model policy, relating to the imple- 12 mentation of a one touch make ready policy by a State. 13 (c) DEFINITIONS.—In this section: 14 (1) COMMISSION.—The term ‘‘Commission’’ 15 means the Federal Communications Commission. 16 (2) ONE TOUCH MAKE READY POLICY.—The 17 term ‘‘one touch make ready policy’’ means, with re- 18 spect to the addition or modification of a pole at- 19 tachment, regulations relating to the activity under- 20 taken in order to prepare the pole, duct, conduit, or 21 right-of-way for the addition of a new attachment in- 22 cluding the ability of an attacher to perform all 23 make ready work in a single trip to the pole and a 24 requirement of the designation by a pole owner or 25 utility of a list of at least two approved contractors 26 VerDate Sep 11 2014 19:43 May 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2784.IH H2784 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2784 IH for each pole, duct, conduit, or right-of-way to per- 1 form all such activity. 2 (3) POLE ATTACHMENT; STATE; UTILITY.—The 3 terms ‘‘pole attachment’’, ‘‘State’’, and ‘‘utility’’ 4 have the meanings given those terms in section 5 224(a) of the Communications Act of 1934 (47 6 U.S.C. 224(a)). 7 Æ VerDate Sep 11 2014 19:43 May 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2784.IH H2784 pamtmann on DSKBFK8HB2PROD with BILLS