,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #dhjj ,,in ,,the ,,house ,,of ,,representatives ,january #af1 #bjah,ms4 ,eshoo 7for herself and ,mr4 ,mc,kinley7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #bc1 ,united ,states ,code1 to provide for the inclusion of broadband conduit installation in certain highway construction projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,broadband ,conduit ,deployment ,act of #bjah4 #b4 ,inclusion of broadband conduit installation in certain highway construction projects 7a7 ,in general ,chapter #c of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #cca4 ,inclusion of broadband conduit installation in certain highway construction projects 7a7 ,requirement 7#a7 ,in general ,the ,secretary shall require ,states to evaluate the need for broadband conduit in accordance with this section as part of any covered highway construction project4 7#b7 ,consultation ,the evaluation shall be done in consultation with local and national telecommunications providers1 including telecommunications service and equipment providers4 7#c7 ,results of evaluation ,if the evaluation reveals an anticipated need in the next #ae years for broadband conduit beneath hard surfaces to be constructed by the project1 the conduit shall be installed under the hard surfaces as part of the covered highway construction project4 7b7 ,installation requirements ,in carrying out subsection 7a71 the ,secretary shall ensure with respect to a covered highway construction project that-- 7#a7 an appropriate number of broadband conduits1 as determined by the ,assistant ,secretary of ,commerce for ,communications and ,information1 are installed along such highway to accommodate multiple broadband providers1 with consideration given to the availability of existing conduits2 7#b7 the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand1 as determined by the ,assistant ,secretary of ,commerce for ,communications and ,information2 and 7#c7 hand holes and manholes for fiber access and pulling with respect to each such conduit are placed at intervals consistent with industry best practices1 as determined by the ,assistant ,secretary of ,commerce for ,communications and ,information4 7c7 ,standards ,the ,secretary1 in consultation with the ,assistant ,secretary of ,commerce for ,communications and ,information1 shall establish standards1 consistent with applicable requirements in section #aef of this title1 section #a4bc1 part #fde1 and part #gaj of title #bc1 ,code of ,federal ,regulations1 and the ,approved ,utility ,accommodation ,manual1 to carry out subsection 7b7 that consider-- 7#a7 the ability to accommodate broadband installation without impacting the safety1 operations1 and maintenance of the highway facility1 its users1 or others2 7#b7 population density in the area of a covered highway construction project2 7#c7 the type of highway involved in such project2 and 7#d7 existing broadband access in the area of such project4 7d7 ,pull tape ,the ,secretary shall ensure that each broadband conduit installed pursuant to this section includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices1 as determined by the ,secretary4 7e7 ,depth of installation ,the ,secretary shall ensure that each broadband conduit installed pursuant to this section is placed at a depth consistent with industry best practices1 as determined by the ,secretary1 and that1 in determining the depth of placement1 consideration is given to the location of existing utilities and the cable separation requirements of ,state and local electrical codes4 7f7 ,access ,the ,secretary shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this section1 on a competitively neutral and nondiscriminatory basis1 for a charge not to exceed a cost-based rate4 7g7 ,waiver authority ,the ,secretary may waive the application of this section if the ,secretary determines that the waiver is appropriate with respect to a covered highway construction project based upon-- 7#a7 a showing of undue burden2 7#b7 a determination that the installation of broadband conduit beneath hard surfaces to be constructed as part of a covered highway construction project is not necessary based on the availability of existing broadband infrastructure2 7#c7 a cost-benefit analysis2 or 7#d7 the consideration of other relevant factors4 7h7 ,coordination with ,,fcc ,in carrying out this section1 the ,secretary and the ,assistant ,secretary of ,commerce for ,communications and ,information shall coordinate with the ,federal ,communications ,commission1 including in making determinations with respect to an appropriate number of broadband conduits under subsection 7b77#a71 potential demand under subsection 7b77#b71 and existing broadband access under subsection 7c74 7i7 ,publication of conduit availability ,not later than #a year after the date of enactment of this section1 the ,secretary shall provide information to the ,federal ,communications ,commission and the ,assistant ,secretary of ,commerce for ,communications and ,information for inclusion within the ,national ,broadband ,map4 7j7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,broadband ,the term broadband means an ,internet ,protocol-based transmission service that enables users to send and receive voice1 video1 data1 graphics1 or a combination thereof4 7#b7 ,broadband conduit ,the term broadband conduit means a conduit for fiber optic cables that support broadband or1 where appropriate1 wireless facilities for broadband service4 7#c7 ,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 paved shoulder for an existing highway that is commenced after the date of enactment of this section and that receives funding under this title4 7#d7 ,hard surfaces ,the term hard surfaces means asphalt and concrete pavement1 curb and gutter1 and sidewalk4 4 7b7 ,clerical amendment ,the analysis for chapter #c of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #cca4 ,inclusion of broadband conduit installation in certain highway construction projects4 4