,,ii #aaeth ,,congress #b;d ,session ,s4 #bcha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #f1 #bjah,ms4 ,klobuchar 7for herself1 ,mr4 ,daines1 ,mr4 ,gardner1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend title #bc1 ,united ,states ,code1 to direct the ,secretary of ,transportation to require that broadband conduits be installed as a part of certain highway construction projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,streamlining and ,investing in ,broadband ,infrastructure ,act4 #b4 ,improving coordination at ,state level ,the ,administrator of the ,national ,telecommunications and ,information ,administration shall develop and issue best practices relating to broadband infrastructure and installation for ,state broadband coordination offices1 with an emphasis on rural areas4 #c4 ,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 ,definitions ,in this section3 7#a7 ,broadband ,the term broadband means an ,internet ,protocol-based transmission service that enables users to send and receive voice1 video1 data1 or graphics1 or a combination of those items4 7#b7 ,broadband conduit ,the term broadband conduit means a conduit for materials 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 for an existing highway that-- 7,a7 is commenced after the date of enactment of this section2 and 7,b7 receives funding under this title4 7b7 ,requirement ,the ,secretary shall require ,states to install #a or more broadband conduits in accordance with this section as part of any covered highway construction project4 7c7 ,installation requirements ,in carrying out subsection 7b71 the ,secretary shall ensure1 to the maximum extent practicable with respect to a covered highway construction project1 that-- 7#a7 an appropriate number of broadband conduits1 as determined by the ,secretary1 are installed along the 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 ,secretary2 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 ,secretary4 7d7 ,standards 7#a7 ,in general ,in establishing standards to carry out subsection 7c71 the ,secretary shall take into consideration-- 7,a7 population density in the area of a covered highway construction project2 7,b7 the type of highway involved in the project2 and 7,c7 existing broadband access in the area of the project4 7#b7 ,rural areas ,the ,secretary shall ensure that the standards established to carry out subsection 7c7 apply to all areas1 including rural and remote areas with low population density4 7e7 ,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 practices1 as determined by the ,secretary4 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 ,depth of installation ,each broadband conduit installed pursuant to this section shall be placed at a depth consistent with industry best practices1 as determined by the ,secretary1 after consideration is given to the location of existing utilities and the cable separation requirements of ,state and local electrical codes4 7h7 ,waiver authority ,the ,secretary may waive the application of this section or any provision of this section if the ,secretary determines that1 upon a showing of undue burden or that a covered highway construction project is not necessary based on the availability of existing broadband conduit infrastructure1 cost-benefit analysis1 or consideration of other relevant factors1 the waiver is appropriate with respect to a covered highway construction project4 7i7 ,coordination with ,,fcc and ,,ntia ,administrator ,in carrying out this section1 the ,secretary shall coordinate with the ,federal ,communications ,commission and the ,administrator of the ,national ,telecommunications and ,information ,administration1 including with respect to determinations regarding-- 7#a7 potential demand under subsection 7c77#b72 7#b7 existing broadband access under subsection 7d77#a77;,c72 7#c7 pull tape requirements under subsection 7e72 and 7#d7 depth-of-installation standards under subsection 7g74 7j7 ,registry ,not later than #a year after the date of enactment of this section1 the ,secretary shall establish and maintain a registry that contains information regarding the broadband conduit projects carried out under this section4 4 7b7 ,conforming 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 #d4 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter until the date that is #aj years after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to ,congress a report on the implementation and installation of broadband conduit projects under section #cca of title #bc1 ,united ,states ,code4 #e4 ,telecommunications facilities deployment 7a7 ,in general ,section #fdji of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7 is amended by striking subsections 7b7 through 7d7 and inserting the following3 7b7 ,federal lands 7#a7 ,definitions ,in this subsection-- 7,a7 the term ,administrator means the ,administrator of ,general ,services2 7,b7 the term communications facility installation includes-- 7i7 any wireless or wireline infrastructure for the transmission of writing1 signs1 signals1 data1 images1 pictures1 and sounds of all kinds2 7ii7 the transmitting device1 tower1 or support structure1 and any equipment1 switches1 wiring1 cabling1 power sources1 shelters1 or cabinets1 associated with the provision of communications services2 and 7iii7 any antenna or apparatus that-- 7,i7 is designed for the purpose of emitting radio frequency2 7,,ii7 is designed to be operated1 or is operating1 from a fixed location pursuant to authorization by the ,commission2 and 7,,iii7 is added to a tower1 building1 or other structure2 7,c7 the term covered agency means-- 7i7 the ,department of ,defense2 7ii7 the ,department of the ,interior2 7iii7 the ,department of ,agriculture2 7iv7 the ,department of ,commerce2 7v7 the ,department of ,transportation2 7vi7 the ,department of ,veterans ,affairs2 7vii7 the ,united ,states ,postal ,service2 7viii7 the ,federal ,communications ,commission2 7ix7 the ,council on ,environmental ,quality2 7x7 the ,advisory ,council on ,historic ,preservation2 7xi7 the ,department of ,homeland ,security2 and 7xii7 the ,executive ,office of the ,president2 7,d7 the term executive agency has the meaning given the term in section #ajb of title #dj1 ,united ,states ,code2 and 7,e7 the term placement1 with respect to a communications facility installation1 includes the installation1 construction1 modification1 or maintenance of the communications facility installation4 7#b7 ,federal property 7,a7 ,grant ,if an executive agency1 a ,state1 a political subdivision or agency of a ,state1 or a person1 firm1 or organization applies for the grant of a real property interest1 including a lease1 license1 easement1 or right-of-way1 to1 in1 over1 or on a building or other property owned by the ,federal ,government for the right to install1 construct1 modify1 and maintain a communications facility installation1 the executive agency that owns the building or other property on behalf of the ,federal ,government shall grant to the applicant1 if technically feasible1 a real property interest to perform such installation1 construction1 modification1 and maintenance4 7,b7 ,applications 7i7 ,multiple tenants ,competitive procurement requirements shall not apply to an application for a grant of a real property interest under subparagraph 7,a74 7ii7 ,multiple grants ,an executive agency that owns a building or other property and receives applications described in subparagraph 7,a7 for multiple grants of real property interests1 either from the same applicant or different applicants1 shall provide multiple grants if technically feasible4 7iii7 ,determinations 7,i7 ,in general ,an executive agency that receives an application for a grant of real property interest under subparagraph 7,a7 shall make a determination as to whether to provide the grant not later than #ij days after the date on which the application is submitted4 7,,ii7 ,denial of grant ,if an executive agency determines not to provide a grant of real property interest under subparagraph 7,a71 the executive agency shall notify the applicant1 in writing1 of the reasons for the determination4 7iv7 ,term of years ,the standard term of the grant of a real property interest under subparagraph 7,a7 shall be #be years with allowances for reexamination of the fee schedule at the end of each #e-year period within the #be-year period4 7v7 ,renewal ,the grant of a real property interest shall enjoy an expectancy of renewal of the real property interest upon the expiration of the term described in clause 7iv74 7,c7 ,fees 7i7 ,standard fee 7,i7 ,in general ,notwithstanding any other provision of law1 the ,administrator1 in consultation with the head of each covered agency1 shall establish a standard fee schedule for the grant of a real property interest under subparagraph 7,a7 based on direct cost recovery4 7,,ii7 ,initial fee 7aa7 ,amount of fee ,the initial amount of the standard fee established under subclause 7,i7 shall be equal to the average fee charged by the ,federal ,government for the grant of a real property interest for the placement of a communications facility installation during the most recent #c-year period4 7bb7 ,publication of proposed fee ,not later than #ij days after the date of enactment of the ,streamlining and ,investing in ,broadband ,infrastructure ,act1 the ,administrator shall publish a notice in the ,federal ,register that-- 7,,aa7 proposes an initial amount of the standard fee under subclause 7,i72 7,,bb7 describes the data on which the proposed initial amount is based2 and 7,,cc7 invites public comment on the proposed initial amount4 7cc7 ,deadline for finalized standard fee ,not later than #aej days after the date of enactment of the ,streamlining and ,investing in ,broadband ,infrastructure ,act1 the ,administrator shall publish a decision in the ,federal ,register that sets the initial amount of the standard fee4 7,,iii7 ,limit on annual increases ,during any year1 the ,administrator may not increase the standard fee established under subclause 7,i7 or clause 7ii7 by a percentage that is greater than the lower of-- 7aa7 the percentage increase in the ,consumer ,price ,index for ,all ,urban ,consumers 7all items1 ,united ,states city average7 published by the ,bureau of ,labor ,statistics for the most recent #ab-month period2 or 7bb7 #c percent4 7ii7 ,agency-specific fee 7,i7 ,in general ,an executive agency shall charge the standard fee established by the ,administrator under clause 7i7 for a grant of a real property interest unless1 not later than #ij days after the date on which the ,administrator publishes the amount of the finalized initial fee under clause 7i77,,ii77cc71 the executive agency establishes an agency-specific fee in an amount that is equal to the average fee charged by the executive agency for the placement of a communications facility installation during the most recent #c-year period4 7,,ii7 ,public comment ,during the process of establishing an agency-specific fee under subclause 7,i71 an executive agency shall-- 7aa7 make a description of the data on which the fee is based publically available2 and 7bb7 allow opportunity for public comment4 7iii7 ,entirety of fees ,the ,administrator or an executive agency may not charge any additional fee for the grant of a real property interest for the placement of a communications facility installation other than what has been established in the standard fee under clause 7i7 or an agency-specific fee established under clause 7ii74 7iv7 ,waivers ,in consideration of the public benefit provided by a grant of a real property interest under subparagraph 7,a71 the ,administrator or an executive agency may grant a full or partial waiver of the fee required under clause 7i7 or 7ii74 7v7 ,use of fees collected ,any fee amount collected under this paragraph for the grant of a real property interest by an executive agency under subparagraph 7,a7 shall be made available1 as provided in appropriations ,acts1 to the executive agency to cover the cost of granting the real property interest4 7#c7 ,master contracts for communications facility installations 7,a7 ,in general ,notwithstanding section #gjd of the ,telecommunications ,act of #aiif or any other provision of law1 the ,administrator1 in consultation with the head of each covered agency1 shall-- 7i7 not later than #fj days after the date of enactment of this subsection1 develop and adopt #a or more master application forms and standard contracts1 including lease and easement contracts1 for all executive agencies1 that shall govern the placement of a communications facility installation to1 in1 over1 or on a building or other property owned by the ,federal ,government2 7ii7 in developing the master application forms and standard contracts under subparagraph 7,a7-- 7,i7 include in each master application form or standard contract the standard fee schedule and standard fee established under paragraph 7#b77;,c77i77,i72 and 7,,ii7 standardize the treatment of-- 7aa7 the placement of a communications facility installation to1 in1 over1 or on the rooftop or facade of a building or inside a building2 7bb7 the technology used in connection with a communications facility installation placed on a ,federal building or other property2 and 7cc7 any other key issues the ,administrator considers appropriate2 7iii7 not later than #cj days after the date on which the ,administrator adopts the master application forms and standard contracts under clause 7i71 publish the master application forms and standard contracts in the ,federal ,register2 and 7iv7 direct each executive agency to begin accepting the master application forms and standard contracts from applicants not later than #cj days after the date on which the ,administrator adopts the master application forms and standard contracts under clause 7i74 7,b7 ,applicability 7i7 ,in general ,except as provided in clause 7ii71 the master application forms and standard contracts developed by the ,administrator under subparagraph 7,a77i7 shall apply to each building or other property owned by the ,federal ,government4 7ii7 ,exception ,if the ,administrator determines that the master application forms and standard contracts developed under subparagraph 7,a77i7 are not adequate for a specific building or other property1 the ,administrator shall-- 7,i7 not later than #aj days after the date on which the ,administrator makes the determination1 provide written notification to the applicant1 which shall detail the reasons why the application forms and contracts are not adequate for a specific building or property2 and 7,,ii7 work in coordination with the heads of the appropriate agencies to address the inadequacies and provide1 not later than #fj days after the date on which the notification was provided under subclause 7,i71 an adequate application form or contract to the applicant4 7,c7 ,negotiation and approval ,if the ,administrator fails to adopt master application forms and standard contracts as required under subparagraph 7,a77i7 during the #a-year period beginning on the date of enactment of the ,streamlining and ,investing in ,broadband ,infrastructure ,act1 beginning on the day after the expiration of that period and until the date on which the ,administrator adopts such forms and contracts-- 7i7 an applicant for a grant of a real property interest from an executive agency under paragraph 7#b77;,a7 may use an existing application form or contract with the executive agency2 and 7ii7 the executive agency shall accept the existing application form or contract4 7,d7 ,escalation and review ,not later than #fj days after the date of enactment of the ,streamlining and ,investing in ,broadband ,infrastructure ,act1 each executive agency shall establish a supervisory review process under which an executive working group or established agency executive with negotiation and approval authority shall review any communications facility installation application1 lease1 or easement if an applicant requests such review4 7,e7 ,incorporation of subsection 7a7 ,an executive agency may not deny1 and shall approve1 any eligible facilities request 7as defined in subsection 7a77#b77 for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base station4 7#d7 ,progress reports ,not later than #ij days after the date of enactment of the ,streamlining and ,investing in ,broadband ,infrastructure ,act1 and every #b years thereafter until the date that is #aj years after the date of enactment of that ,act1 the ,administrator shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that describes1 with respect to each executive agency-- 7,a7 the number of sites sought in applications for the placement of a communications facility installation1 including upgrades and collocations2 7,b7 the number of sites approved2 and 7,c7 the number of sites completed4 4 7b7 ,savings provision ,notwithstanding the amendment made by subsection 7a71 an executive agency may make a grant of a real property interest and may collect fees in accordance with subsection 7b7 of section #fdji of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;b77 7as in effect on the day before the date of enactment of this ,act7 until the effective date of the regulations issued by the head of the executive agency to carry out the amendment made by subsection 7a74