Nationwide Dig Once Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7205 To facilitate the installation of broadband infrastructure, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 15, 2020 Ms. ESHOO (for herself and Mr. MCKINLEY) 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 2020’’. 5 SEC. 2. BROADBAND INFRASTRUCTURE DEPLOYMENT. 6 (a) DEFINITIONS.—In this section: 7 (1) APPROPRIATE STATE AGENCY.—The term 8 ‘‘appropriate State agency’’ means a State govern- 9 mental agency that is recognized by the executive 10 VerDate Sep 11 2014 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7205 IH branch of the State as having the experience nec- 1 essary to evaluate and facilitate the installation and 2 operation of broadband infrastructure within the 3 State. 4 (2) BROADBAND.—The term ‘‘broadband’’ has 5 the meaning given the term ‘‘advanced telecommuni- 6 cations capability’’ in section 706 of the Tele- 7 communications Act of 1996 (47 U.S.C. 1302). 8 (3) BROADBAND CONDUIT.—The term 9 ‘‘broadband conduit’’ means a conduit or innerduct 10 for fiber optic cables (or successor technology of 11 greater quality and speed) that supports the provi- 12 sion of broadband. 13 (4) BROADBAND INFRASTRUCTURE.—The term 14 ‘‘broadband infrastructure’’ means any buried or un- 15 derground facility and any wireless or wireline con- 16 nection that enables the provision of broadband. 17 (5) BROADBAND PROVIDER.—The term 18 ‘‘broadband provider’’ means an entity that provides 19 broadband to any person or facilitates provision of 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 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7205 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 to 10 construct a new highway or an additional lane 11 for an existing highway, to reconstruct an exist- 12 ing highway, or new construction, including for 13 a paved shoulder. 14 (B) EXCLUSIONS.—The term ‘‘covered 15 highway construction project’’ excludes any 16 project— 17 (i) awarded before the date on which 18 regulations required under subsection (b) 19 take effect; 20 (ii) that does not include work beyond 21 the edge of pavement or current paved 22 shoulder; or 23 (iii) that does not require excavation. 24 VerDate Sep 11 2014 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7205 IH (7) DIG ONCE REQUIREMENT.—The term ‘‘dig 1 once requirement’’ means a requirement designed to 2 reduce the cost and accelerate the deployment of 3 broadband by minimizing the number and scale of 4 repeated excavations for the installation and mainte- 5 nance of broadband conduit or broadband infrastruc- 6 ture in rights-of-way. 7 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 8 has the meaning given such term in section 4(e) of 9 the Indian Self-Determination and Education Assist- 10 ance Act (25 U.S.C. 5304(e)). 11 (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 12 Administrator’’ means the Assistant Secretary of 13 Commerce for Communications and Information. 14 (10) SECRETARY.—The term ‘‘Secretary’’ 15 means the Secretary of Transportation. 16 (11) STATE.—The term ‘‘State’’ has the mean- 17 ing given such term in section 101 of title 23, 18 United States Code. 19 (12) STATE OR LOCAL BROADBAND PRO- 20 VIDER.—The term ‘‘State or local broadband pro- 21 vider’’ means a State or political subdivision thereof, 22 or any agency, authority, or instrumentality of a 23 State or political subdivision thereof, that provides 24 VerDate Sep 11 2014 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7205 IH broadband to any person or facilitates the provision 1 of broadband to any person in that State. 2 (13) TRIBAL GOVERNMENT.—The term ‘‘Tribal 3 government’’ means the recognized governing body 4 of an Indian Tribe or any agency, authority, or in- 5 strumentality of such governing body or such Indian 6 Tribe. 7 (b) DIG ONCE REQUIREMENT.—To facilitate the in- 8 stallation of broadband infrastructure, the Secretary shall, 9 not later than 9 months after the date of enactment of 10 this Act, promulgate regulations to ensure that each State 11 that receives funds under chapter 1 of title 23, United 12 States Code, meets the following requirements: 13 (1) BROADBAND PLANNING.—The State depart- 14 ment of transportation, in consultation with appro- 15 priate State agencies, shall— 16 (A) identify a broadband coordinator, who 17 may have additional responsibilities in the State 18 department of transportation or in another 19 State agency, that is responsible for facilitating 20 the broadband infrastructure right-of-way ef- 21 forts within the State; and 22 (B) review existing State broadband plans, 23 including existing dig once requirements of the 24 State, municipal governments incorporated 25 VerDate Sep 11 2014 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7205 IH under State law, and Tribal governments within 1 the State, to determine opportunities to coordi- 2 nate projects occurring within or across high- 3 way rights-of-way with planned broadband in- 4 frastructure projects. 5 (2) NOTICE OF PLANNED CONSTRUCTION FOR 6 BROADBAND PROVIDERS.— 7 (A) NOTICE.—The State department of 8 transportation, in consultation with appropriate 9 State agencies, shall establish a process— 10 (i) for the registration of broadband 11 providers that seek to be included in the 12 advance notification of, and opportunity to 13 participate in, broadband infrastructure 14 right-of-way facilitation efforts within the 15 State; and 16 (ii) to electronically notify all 17 broadband providers registered under 18 clause (i)— 19 (I) of the State transportation 20 improvement program on at least an 21 annual basis; and 22 (II) of projects within the high- 23 way right-of-way for which Federal 24 VerDate Sep 11 2014 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7205 IH funding is expected to be obligated in 1 the subsequent fiscal year. 2 (B) WEBSITE.—A State department of 3 transportation shall be considered to meet the 4 requirements of subparagraph (A) if it pub- 5 lishes to a public website— 6 (i) the State transportation improve- 7 ment program on at least an annual basis; 8 and 9 (ii) projects within the highway right- 10 of-way for which Federal funding is ex- 11 pected to be obligated in the subsequent 12 fiscal year. 13 (C) COORDINATION.—The State depart- 14 ment of transportation, in consultation with ap- 15 propriate State agencies, shall establish a proc- 16 ess for a broadband provider to commit to in- 17 stalling broadband conduit or broadband infra- 18 structure as part of any project. 19 (3) REQUIRED INSTALLATION OF CONDUIT.— 20 (A) IN GENERAL.—The State department 21 of transportation shall install broadband con- 22 duit, in accordance with this paragraph, except 23 as described in subparagraph (F), as part of 24 any covered highway construction project, un- 25 VerDate Sep 11 2014 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7205 IH less a broadband provider has committed to in- 1 stall broadband conduit or broadband infra- 2 structure as part of such project in a process 3 described under paragraph (2)(C). 4 (B) INSTALLATION REQUIREMENTS.—The 5 State department of transportation shall ensure 6 that— 7 (i) an appropriate number of 8 broadband conduits, as determined in con- 9 sultation with the appropriate State agen- 10 cies, are installed along the highway of a 11 covered highway construction project to ac- 12 commodate multiple broadband providers, 13 with consideration given to the availability 14 of existing conduits; 15 (ii) the size of each such conduit is 16 consistent with industry best practices and 17 is sufficient to accommodate potential de- 18 mand, as determined in consultation with 19 the appropriate State agencies; 20 (iii) 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 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7205 IH agencies (which may differ by type of road, 1 topologies, and rurality) and consistent 2 with safety requirements; 3 (iv) each broadband conduit installed 4 pursuant to this paragraph includes a pull 5 tape and is capable of supporting fiber 6 optic cable placement techniques consistent 7 with best practices; and 8 (v) is placed at a depth consistent 9 with requirements of the covered highway 10 construction project and best practices and 11 that, in determining the depth of place- 12 ment, consideration is given to the location 13 of existing utilities and cable separation re- 14 quirements of State and local electrical 15 codes. 16 (C) GUIDANCE FOR THE INSTALLATION OF 17 BROADBAND CONDUIT.—The Secretary, in con- 18 sultation with the NTIA Administrator, shall 19 issue guidance for best practices related to the 20 installation of broadband conduit as described 21 in this paragraph and of conduit and similar in- 22 frastructure for intelligent transportation sys- 23 tems (as such term is defined in section 501 of 24 title 23, United States Code) that may utilize 25 VerDate Sep 11 2014 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7205 IH broadband conduit installed pursuant to this 1 paragraph. 2 (D) ACCESS.— 3 (i) IN GENERAL.—The State depart- 4 ment of transportation shall ensure that 5 any requesting broadband provider has ac- 6 cess to each broadband conduit installed 7 pursuant to this paragraph, on a competi- 8 tively neutral and nondiscriminatory basis, 9 and in accordance with State permitting, 10 licensing, leasing, or other similar laws and 11 regulations. 12 (ii) FEE SCHEDULE.—The State de- 13 partment of transportation, in consultation 14 with appropriate State agencies, shall pub- 15 lish a fee schedule for a broadband pro- 16 vider to access conduit installed pursuant 17 to this paragraph. Fees in such schedule— 18 (I) shall be consistent with the 19 fees established pursuant to section 20 224 of the Communications Act of 21 1934 (47 U.S.C. 224); 22 (II) may vary by topography, lo- 23 cation, type of road, rurality, and 24 VerDate Sep 11 2014 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7205 IH other factors in the determination of 1 the State; and 2 (III) may be updated not more 3 frequently than annually. 4 (iii) IN-KIND COMPENSATION.—The 5 State department of transportation may 6 negotiate in-kind compensation with any 7 broadband provider requesting access to 8 broadband conduit installed under the pro- 9 visions of this paragraph as a replacement 10 for part or all of, but not to exceed, the 11 relevant fee in the fee schedule described 12 in clause (ii). 13 (iv) SAFETY CONSIDERATIONS.—The 14 State department of transportation shall 15 require of broadband providers a process 16 for safe access to the highway right-of-way 17 during installation and on-going mainte- 18 nance of the broadband fiber optic cables 19 including a traffic control safety plan. 20 (v) COMMUNICATION.—A broadband 21 provider with access to the conduit in- 22 stalled pursuant to this subsection shall 23 notify and receive permission from the rel- 24 evant agencies of State responsible for the 25 VerDate Sep 11 2014 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 7205 IH installation of such broadband conduit 1 prior to accessing any highway or highway 2 right-of-way. 3 (E) TREATMENT OF PROJECTS.—Notwith- 4 standing any other provision of law, broadband 5 conduit and broadband infrastructure installa- 6 tion projects under this paragraph shall comply 7 with section 113(a) of title 23, United States 8 Code. 9 (F) WAIVER AUTHORITY.— 10 (i) IN GENERAL.—A State department 11 of transportation may waive the required 12 installation of broadband conduit for part 13 or all of any covered highway construction 14 project under this paragraph if, in the de- 15 termination of the State— 16 (I) broadband infrastructure, ter- 17 restrial broadband infrastructure, aer- 18 ial broadband fiber cables, or 19 broadband conduit is present near a 20 majority of the length of the covered 21 highway construction project; 22 (II) the installation of conduit in- 23 creases overall costs of a covered high- 24 VerDate Sep 11 2014 18:58 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7205.IH H7205 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 7205 IH way construction project by 1.5 per- 1 cent or greater; 2 (III) the installation of 3 broadband conduit associated with 4 covered highway construction project 5 will not be utilized or connected to fu- 6 ture broadband infrastructure in the 7 next 20 years, in the determination of 8 the State department of transpor- 9 tation, in consultation with appro- 10 priate State agencies and potentially 11 affected local governments and Tribal 12 governments; 13 (IV) the requirements of this 14 paragraph would require installation 15 of conduit redundant with a dig once 16 requirement of a local or Tribal gov- 17 ernment; 18 (V) there exists a circumstance 19 involv [Text truncated for display. 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