,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #gbje  ,,in ,,the ,,house ,,of  
,,representatives  ,june #ae1 #bjbj ,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         
facilitate the installation of broadband
 infrastructure1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,nationwide ,dig ,once ,act
 of #bjbj4  #b4 ,broadband              
infrastructure deployment  7a7          
,definitions ,in this section3  7#a7    
,appropriate state agency ,the term     
appropriate ,state agency means a ,state
 governmental agency that is recognized 
by the executive branch of the ,state as
 having the experience necessary to     
evaluate and facilitate the installation
 and operation of broadband             
infrastructure within the ,state4  7#b7 
,broadband ,the term broadband has the  
meaning given the term advanced         

telecommunications capability in section
 #gjf of the ,telecommunications ,act of
 #aiif 7#dg ,u4,s4,c4 #acjb74  7#c7     
,broadband conduit ,the term broadband  
conduit means a conduit or innerduct for
 fiber optic cables 7or successor       
technology of greater quality and speed7
 that supports the provision of         
broadband4  7#d7 ,broadband             
infrastructure ,the term broadband      
infrastructure means any buried or      
underground facility and any wireless or
 wireline connection that enables the   
provision of broadband4  7#e7 ,broadband
 provider ,the term broadband provider  
means an entity that provides broadband 
to any person or facilitates provision  
of broadband to any person1 including1  
with respect to such entity-- 7,a7 a    
corporation1 company1 association1 firm1
 partnership1 nonprofit organization1 or
 any other private entity2  7,b7 a      
,state or local broadband provider2     
7,c7 an ,indian ,tribe2 and  7,d7 a     
partnership between any of the entities 

described in subparagraphs 7,a71 7,b71  
and 7,c74  7#f7 ,covered highway        
construction project  7,a7 ,in general  
,the term covered highway construction  
project means1 without regard to        
ownership of a highway1 a project to    
construct a new highway or an additional
 lane for an existing highway1 to       
reconstruct an existing highway1 or new 
construction1 including for a paved     
shoulder4  7,b7 ,exclusions ,the term   
covered highway construction project    
excludes any project-- 7i7 awarded      
before the date on which regulations    
required under subsection 7b7 take      
effect2  7ii7 that does not include work
 beyond the edge of pavement or current 
paved shoulder2 or  7iii7 that does not 
require excavation4  7#g7 ,dig once     
requirement ,the term dig once          
requirement means a requirement designed
 to reduce the cost and accelerate the  
deployment of broadband by minimizing   
the number and scale of repeated        
excavations for the installation and    

maintenance of broadband conduit or     
broadband infrastructure in             
rights-of-way4  7#h7 ,indian tribe ,the 
term ,indian ,tribe has the meaning     
given such term in section #d7;e7 of the
 ,indian ,self-,determination and       
,education ,assistance ,act 7#be        
,u4,s4,c4 #ecjd7;e774  7#i7 ,,ntia      
administrator ,the term ,,ntia          
,administrator means the ,assistant     
,secretary of ,commerce for             
,communications and ,information4  7#aj7
 ,secretary ,the term ,secretary means  
the ,secretary of ,transportation4      
7#aa7 ,state ,the term ,state has the   
meaning given such term in section #aja 
of title #bc1 ,united ,states ,code4    
7#ab7 ,state or local broadband provider
 ,the term ,state or local broadband    
provider means a ,state or political    
subdivision thereof1 or any agency1     
authority1 or instrumentality of a      
,state or political subdivision thereof1
 that provides broadband to any person  
or facilitates the provision of         

broadband to any person in that ,state4 
7#ac7 ,tribal government ,the term      
,tribal government means the recognized 
governing body of an ,indian ,tribe or  
any agency1 authority1 or               
instrumentality of such governing body  
or such ,indian ,tribe4  7b7 ,dig once  
requirement ,to facilitate the          
installation of broadband               
infrastructure1 the ,secretary shall1   
not later than #i months after the date 
of enactment of this ,act1 promulgate   
regulations to ensure that each ,state  
that receives funds under chapter #a of 
title #bc1 ,united ,states ,code1 meets 
the following requirements3  7#a7       
,broadband planning ,the ,state         
department of transportation1 in        
consultation with appropriate ,state    
agencies1 shall-- 7,a7 identify a       
broadband coordinator1 who may have     
additional responsibilities in the      
,state department of transportation or  
in another ,state agency1 that is       
responsible for facilitating the        

broadband infrastructure right-of-way   
efforts within the ,state2 and  7,b7    
review existing ,state broadband plans1 
including existing dig once requirements
 of the ,state1 municipal governments   
incorporated under ,state law1 and      
,tribal governments within the ,state1  
to determine opportunities to coordinate
 projects occurring within or across    
highway rights-of-way with planned      
broadband infrastructure projects4  7#b7
 ,notice of planned construction for    
broadband providers  7,a7 ,notice ,the  
,state department of transportation1 in 
consultation with appropriate ,state    
agencies1 shall establish a process--   
7i7 for the registration of broadband   
providers that seek to be included in   
the advance notification of1 and        
opportunity to participate in1 broadband
 infrastructure right-of-way            
facilitation efforts within the ,state2 
and  7ii7 to electronically notify all  
broadband providers registered under    
clause 7i7--  7,i7 of the ,state        

transportation improvement program on at
 least an annual basis2 and  7,,ii7 of  
projects within the highway right-of-way
 for which ,federal funding is expected 
to be obligated in the subsequent fiscal
 year4  7,b7 ,website ,a ,state         
department of transportation shall be   
considered to meet the requirements of  
subparagraph 7,a7 if it publishes to a  
public website-- 7i7 the ,state         
transportation improvement program on at
 least an annual basis2 and  7ii7       
projects within the highway right-of-way
 for which ,federal funding is expected 
to be obligated in the subsequent fiscal
 year4  7,c7 ,coordination ,the ,state  
department of transportation1 in        
consultation with appropriate ,state    
agencies1 shall establish a process for 
a broadband provider to commit to       
installing broadband conduit or         
broadband infrastructure as part of any 
project4  7#c7 ,required installation of
 conduit  7,a7 ,in general ,the ,state  
department of transportation shall      

install broadband conduit1 in accordance
 with this paragraph1 except as         
described in subparagraph 7,f71 as part 
of any covered highway construction     
project1 unless a broadband provider has
 committed to install broadband conduit 
or broadband infrastructure as part of  
such project in a process described     
under paragraph 7#b77;,c74  7,b7        
,installation requirements ,the ,state  
department of transportation shall      
ensure that--  7i7 an appropriate number
 of broadband conduits1 as determined in
 consultation with the appropriate      
,state agencies1 are installed along the
 highway of a covered highway           
construction project to accommodate     
multiple broadband providers1 with      
consideration given to the availability 
of existing conduits2  7ii7 the size of 
each such conduit is consistent with    
industry best practices and is          
sufficient to accommodate potential     
demand1 as determined in consultation   
with the appropriate ,state agencies2   

7iii7 hand holes and manholes necessary 
for fiber access and pulling with       
respect to such conduit are placed at   
intervals consistent with standards     
determined in consultation with the     
appropriate ,state agencies 7which may  
differ by type of road1 topologies1 and 
rurality7 and consistent with safety    
requirements2  7iv7 each broadband      
conduit installed pursuant to this      
paragraph includes a pull tape and is   
capable of supporting fiber optic cable 
placement techniques consistent with    
best practices2 and  7v7 is placed at a 
depth consistent with requirements of   
the covered highway construction project
 and best practices and that1 in        
determining the depth of placement1     
consideration is given to the location  
of existing utilities and cable         
separation requirements of ,state and   
local electrical codes4  7,c7 ,guidance 
for the installation of broadband       
conduit ,the ,secretary1 in consultation
 with the ,,ntia ,administrator1 shall  

issue guidance for best practices       
related to the installation of broadband
 conduit as described in this paragraph 
and of conduit and similar              
infrastructure for intelligent          
transportation systems 7as such term is 
defined in section #eja of title #bc1   
,united ,states ,code7 that may utilize 
broadband conduit installed pursuant to 
this paragraph4  7,d7 ,access  7i7 ,in  
general ,the ,state department of       
transportation shall ensure that any    
requesting broadband provider has access
 to each broadband conduit installed    
pursuant to this paragraph1 on a        
competitively neutral and               
nondiscriminatory basis1 and in         
accordance with ,state permitting1      
licensing1 leasing1 or other similar    
laws and regulations4  7ii7 ,fee        
schedule ,the ,state department of      
transportation1 in consultation with    
appropriate ,state agencies1 shall      
publish a fee schedule for a broadband  
provider to access conduit installed    

pursuant to this paragraph4 ,fees in    
such schedule--  7,i7 shall be          
consistent with the fees established    
pursuant to section #bbd of the         
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bbd72  7,,ii7 may vary by    
topography1 location1 type of road1     
rurality1 and other factors in the      
determination of the ,state2 and        
7,,iii7 may be updated not more         
frequently than annually4  7iii7        
,in-kind compensation ,the ,state       
department of transportation may        
negotiate in-kind compensation with any 
broadband provider requesting access to 
broadband conduit installed under the   
provisions of this paragraph as a       
replacement for part or all of1 but not 
to exceed1 the relevant fee in the fee  
schedule described in clause 7ii74  7iv7
 ,safety considerations ,the ,state     
department of transportation shall      
require of broadband providers a process
 for safe access to the highway         
right-of-way during installation and    

on-going maintenance of the broadband   
fiber optic cables including a traffic  
control safety plan4  7v7 ,communication
 ,a broadband provider with access to   
the conduit installed pursuant to this  
subsection shall notify and receive     
permission from the relevant agencies of
 ,state responsible for the installation
 of such broadband conduit prior to     
accessing any highway or highway        
right-of-way4  7,e7 ,treatment of       
projects ,notwithstanding any other     
provision of law1 broadband conduit and 
broadband infrastructure installation   
projects under this paragraph shall     
comply with section #aac7;a7 of title   
#bc1 ,united ,states ,code4  7,f7       
,waiver authority  7i7 ,in general ,a   
,state department of transportation may 
waive the required installation of      
broadband conduit for part or all of any
 covered highway construction project   
under this paragraph if1 in the         
determination of the ,state--  7,i7     
broadband infrastructure1 terrestrial   

broadband infrastructure1 aerial        
broadband fiber cables1 or broadband    
conduit is present near a majority of   
the length of the covered highway       
construction project2  7,,ii7 the       
installation of conduit increases       
overall costs of a covered highway      
construction project by #a4e percent or 
greater2  7,,iii7 the installation of   
broadband conduit associated with       
covered highway construction project    
will not be utilized or connected to    
future broadband infrastructure in the  
next #bj years1 in the determination of 
the ,state department of transportation1
 in consultation with appropriate ,state
 agencies and potentially affected local
 governments and ,tribal governments2   
7,,iv7 the requirements of this         
paragraph would require installation of 
conduit redundant with a dig once       
requirement of a local or ,tribal       
government2  7,v7 there exists a        
circumstance involving force majeure2 or
  7,,vi7 other relevant factors1 as     

determined by the ,secretary in         
consultation with the ,,ntia            
,administrator through regulation1      
warrant a waiver4  7ii7 ,contents of    
waiver ,a waiver authorized under this  
subparagraph shall-- 7,i7 identify the  
covered highway construction project2   
and  7,,ii7 include a brief description 
of the determination of the ,state for  
issuing such waiver4  7iii7             
,availability of waiver ,a waiver       
authorized under this subparagraph shall
 be included in the plans1              
specifications1 and estimates for the   
associated project1 as long as such info
 is publicly available4  7#d7 ,priority 
,if a ,state provides for the           
installation of broadband infrastructure
 in the right-of-way of an applicable   
,federal-aid highway project under this 
subsection1 the ,state department of    
transportation1 along with appropriate  
,state agencies1 shall carry out        
appropriate measures to ensure that any 
existing broadband providers are        

afforded equal opportunity access1 as   
compared to other broadband providers1  
with respect to the program under this  
subsection4  7#e7 ,consultation ,in     
promulgating regulations required by    
this subsection or to implement any part
 of this section1 the ,secretary shall  
consult--  7,a7 the ,,ntia              
,administrator2  7,b7 the ,federal      
,communications ,commission2  7,c7      
,state departments of transportation2   
7,d7 appropriate ,state agencies2  7,e7 
agencies of local governments           
responsible for transportation and      
rights-of-way1 utilities1 and           
telecommunications and broadband2  7,f7 
,tribal governments2  7,g7 broadband    
providers2 and  7,h7 manufacturers of   
optical fiber1 conduit1 pull tape1 and  
related items4  7#f7 ,prohibition on    
unfunded mandate  7,a7 ,in general ,this
 subsection shall apply only to         
activities for which ,federal           
obligations or expenditures are         
initially approved on or after the date 

regulations required under this         
subsection take effect4  7,b7 ,no       
mandate ,absent an available and        
dedicated ,federal source of funding--  
7i7 nothing in this subsection          
establishes a mandate or requirement    
that a ,state install broadband conduit 
in a highway right-of-way2 and  7ii7    
nothing in paragraph 7#c7 shall         
establish any requirement for a ,state4 
7#g7 ,rules of construction  7,a7 ,state
 law ,nothing in this subsection shall  
be construed to require a ,state to     
install or allow the installation of    
broadband conduit or broadband          
infrastructure-- 7i7 that is otherwise  
inconsistent with what is allowable     
under ,state law2 or  7ii7 where the    
,state lacks the authority or property  
easement necessary for such             
installation4  7,b7 ,no requirement for 
installation of mobile services         
equipment ,nothing in this section shall
 be construed to require a ,state1 a    
municipal government incorporated under 

,state law1 or an ,indian ,tribe to     
install or allow for the installation of
 equipment essential for the provision  
of commercial mobile services 7as       
defined in section #ccb7;d7 of the      
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #ccb7;d777 or commercial      
mobile data service 7as defined in      
section #fjja of the ,middle ,class ,tax
 ,relief and ,job ,creation ,act of     
#bjab 7#dg ,u4,s4,c4 #adja771 other than
 broadband conduit and associated       
equipment described in paragraph        
7#c77;,b74  7c7 ,relation to state dig  
once requirements ,nothing in subsection
 7b7 or any regulations promulgated     
under subsection 7b7 shall be construed 
to alter or supersede any provision of a
 ,state law or regulation that provides 
for a dig once requirement that includes
 similar or more stringent requirements 
to the provisions of subsection 7b7 and 
any regulations promulgated under this  
subsection 7b74  7d7 ,dig once funding  
task force  7#a7 ,establishment ,there  

is established an independent task force
 on funding the nationwide dig once     
requirement described in this section to
 be known as the ,dig ,once ,funding    
,task ,force 7hereinafter referred to as
 the ,task ,force74  7#b7 ,duties ,the  
duties of the ,task ,force shall be to--
 7,a7 estimate the annual cost for      
implementing and administering a        
nationwide dig once requirement2 and    
7,b7 propose and evaluate options for   
funding a nationwide dig once           
requirement described in this section   
that includes-- 7i7 a discussion of the 
role and potential share of costs of--  
7,i7 the ,federal ,government2  7,,ii7  
,state1 local1 and ,tribal governments2 
and  7,,iii7 broadband providers2 and   
7ii7 consideration of the role of       
existing dig once requirements of       
,state1 local1 and ,tribal governments  
and private broadband investment1 with a
 goal to not discourage or              
disincentivize such dig once            
requirements or such investment4  7#c7  

,reports  7,a7 ,interim report and      
briefing ,not later than #i months after
 the date of enactment of this ,act1 the
 ,task ,force shall submit an interim   
report to ,congress and provide         
briefings for ,congress on the findings 
of the ,task ,force4  7,b7 ,final report
 ,not later than #ab months after the   
date of enactment of this ,act1 the     
,task ,force shall submit a final report
 to ,congress on the findings of the    
,task ,force4  7#d7 ,members  7,a7      
,appointments ,the ,task ,force shall   
consist of #ad members1 consisting of-- 
7i7 the #b co-chairs described in       
subparagraph 7,b72  7ii7 #f members     
jointly appointed by the ,speaker and   
minority leader of the ,house of        
,representatives1 in consultation with  
the respective ,chairs and ,ranking     
,members of the-- 7,i7 the ,committee on
 ,transportation and ,infrastructure of 
the ,house of ,representatives2  7,,ii7 
the ,committee on ,energy and ,commerce 
of the ,house of ,representatives2 and  

7,,iii7 the ,committee on               
,appropriations of the ,house of        
,representatives2 and  7iii7 #f members 
jointly appointed by the majority leader
 and minority leader of the ,senate1 in 
consultation with the respective ,chairs
 and ,ranking ,members of-- 7,i7 the    
,committee on ,environment and ,public  
,works of the ,senate2  7,,ii7 the      
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate2 and     
7,,iii7 the ,committee on               
,appropriations of the ,senate4  7,b7   
,co-chairs ,the ,task ,force shall be   
co-chaired by the ,secretary and the    
,,ntia ,administrator1 or their         
designees4  7,c7 ,composition ,the ,task
 ,force shall include at least--  7i7 #a
 representative from a ,state department
 of transportation2  7ii7 #a            
representative from a local government2 
7iii7 #a representative from a ,tribal  
government2  7iv7 #a representative from
 a broadband provider2  7v7 #a          
representative from a ,state or local   

broadband provider2 and  7vi7 #a        
representative from a public interest   
organization4  7,d7 ,appointment        
deadline ,members shall be appointed to 
the ,task ,force not later than #fj days
 after the date of enactment of this    
,act4  7,e7 ,effect of lack of          
appointment by appointment date ,if #a  
or more appointments required under     
subparagraph 7,a7 is not made by the    
appointment date specified in           
subparagraph 7,d71 the authority to make
 such appointment or appointments shall 
expire and the number of members of the 
,task ,force shall be reduced by the    
number equal to the number of           
appointments so expired4  7,f7 ,terms   
,members shall be appointed for the life
 of the ,task ,force4 ,a vacancy in the 
,task ,force shall not affect its powers
 and shall be filled in the same manner 
as the initial appointment was made4    
7#e7 ,consultations ,in carrying out the
 duties required under this subsection1 
the ,task ,force shall consult1 at a    

minimum--  7,a7 the ,federal            
,communications ,commission2  7,b7      
agencies of ,states including--  7i7    
,state departments of transportation2   
and  7ii7 appropriate ,state agencies2  
7,c7 agencies of local governments      
responsible for transportation and      
rights of way1 utilities1 and           
telecommunications and broadband2  7,d7 
,tribal governments2  7,e7 broadband    
providers and other telecommunications  
providers2 and  7,f7 ,state or local    
broadband providers and ,tribal         
governments that act as broadband       
providers4  7#f7 ,additional provisions 
7,a7 ,expenses for non-federal members  
,non-,federal members of the ,task      
,force shall be allowed travel expenses1
 including per diem in lieu of          
subsistence1 at rates authorized for    
employees under subchapter ,i of chapter
 #eg of title #e1 ,united ,states ,code1
 while away from their homes or regular 
places of business in the performance of
 services for the ,task ,force4  7,b7   

,staff ,staff of the ,task ,force shall 
comprise detailees with relevant        
expertise from the ,department of       
,transportation and the ,national       
,telecommunications and ,information    
,administration1 or another ,federal    
agency the co-chairpersons consider     
appropriate1 with the consent of the    
head of the ,federal agency1 and such   
detailee shall retain the rights1       
status1 and privileges of his or her    
regular employment without interruption4
  7,c7 ,administrative assistance ,the  
,secretary and ,,ntia ,administrator    
shall provide to the ,task ,force on a  
reimbursable basis administrative       
support and other services for the      
performance of the functions of the     
,task ,force4  7#g7 ,termination ,the   
,task ,force shall terminate not later  
than #ij days after issuance of the     
final report required under paragraph   
7#c77;,b74