,,ii  #aagth ,,congress  #ast ,session  
,s4 #aaac  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #ad1    
#bjba,mr4 ,daines 7for himself and ,mr4 
,kelly7 introduced the following bill2  
which was read twice and referred to the
 ,committee on ,homeland ,security and  
,governmental ,affairs  ,a ,,bill  ,to  
require ,federal agencies to timely     
respond to right-of-way requests for the
 build out of broadband service1 and for
 other purposes4  #a4 ,short title ,this
 ,act may be cited as the ,accelerating 
,rural ,broadband ,deployment ,act4  #b4
 ,access to ,federal rights-of-way for  
build out of broadband service  7a7     
,definitions ,in this section3 7#a7     
,broadband service ,the term broadband  
service means-- 7,a7 any service that   
has the capacity to transmit data to    
enable users or devices to originate and
 receive high-quality voice1 data1      
graphics1 and video2  7,b7 any service  
by wire or radio that provides the      
capability to transmit data to1 and     

receive data from1 all or substantially 
all internet endpoints-- 7i7 including  
any capabilities that are incidental to1
 and enable the operation of1 the       
service2 and  7ii7 excluding dial-up    
internet access service2 or  7,c7 any   
service that is the functional          
equivalent of a service described in    
subparagraph 7,a7 or 7,b74  7#b7        
,executive agency ,the term ,executive  
agency-- 7,a7 has the meaning given the 
term in section #aje of title #e1       
,united ,states ,code2 and  7,b7 does   
not include the ,department of ,defense1
 except for the ,army ,corps of         
,engineers4  7b7 ,access  7#a7 ,in      
general ,if an ,executive agency1 a     
,state1 a political subdivision or      
agency of a ,state1 an ,indian tribal   
government1 or a person1 firm1 or       
organization requests access to a       
right-of-way owned by the ,federal      
,government1 or an instrumentality      
thereof1 in order to place1 construct1  
modify1 or operate facilities for the   

provision of broadband service1 the     
,executive agency having control of the 
right-of-way may grant to the applicant1
 on behalf of the ,federal ,government1 
a license of occupancy authorizing the  
deployment of all equipment required to 
deploy broadband service4  7#b7         
,duration ,a license of occupancy issued
 under this subsection shall be issued  
with a duration of not more than #cj    
years and may be automatically renewed  
for additional periods of like duration4
  7#c7 ,fee  7,a7 ,in general ,each     
,executive agency shall establish an    
annual license fee for a license of     
occupancy issued under this subsection4 
7,b7 ,considerations ,in establishing a 
fee under subparagraph 7,a71 an         
,executive agency shall-- 7i7 consider  
property valuations based on the        
restricted and limited use nature of the
 underlying parcel 7adjacent commercial1
 private or multiple use properties     
shall not be used for the purpose of    
determining comparable valuations72 and 

7ii7 the size of the portion of land    
requested to accommodate the equipment  
of the licensee that is required to     
deploy broadband service4  7,c7         
,adjustments ,an annual license fee     
established under this paragraph may be 
adjusted1 not more frequently than once 
every #f years1 to reflect the current  
valuations upon renewal of such license4
  7#d7 ,rule of construction ,nothing in
 this subsection shall be construed to  
exempt an ,executive agency from the    
requirements of division ,a of subtitle 
,,iii of title #ed1 ,united ,states     
,code1 or the ,national ,environmental  
,policy ,act of #aifi 7#db ,u4,s4,c4    
#dcba et seq474  7c7 ,timely            
consideration of applications  7#a7 ,in 
general ,not later than #fj days after  
the date on which an ,executive agency  
receives a request under subsection 7b71
 the ,executive agency shall-- 7,a7 on  
behalf of the ,federal ,government1     
grant the application1 grant the        
application subject to conditions1 or   

deny the application2 and  7,b7 notify  
the applicant of the decision of the    
,executive agency under subparagraph    
7,a74  7#b7 ,explanation of denial ,if  
an ,executive agency denies an          
application under this subsection1 the  
,executive agency shall notify the      
applicant in writing of such denial1    
which shall-- 7,a7 be supported by      
substantial evidence contained in a     
written record2 and  7,b7 include a     
clear statement of the reasons for the  
denial4  7#c7 ,public release of record 
,the written record described in        
paragraph 7#b77;,a7 shall be made       
available to the public on the date on  
which the written notification is       
provided to the applicant under         
paragraph 7#b74  7#d7 ,automatic grant  
of request ,if an ,executive agency     
fails to act on a request received under
 subsection 7b7 by the end of the       
#fj-;day period described in paragraph  
7#a71 the application shall be          
considered granted4  7d7 ,requirement   

,any regulation issued by an ,executive 
agency governing management of access to
 a ,federal right-of-way under this     
section shall-- 7#a7 be competitively   
and technologically neutral2 and  7#b7  
apply to all providers of broadband     
service on a competitively neutral and  
nondiscriminatory basis4