,,ii #aaith ,,congress #ast ,session ,s4 #cbfh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bj1 #bjbe,mrs4 ,blackburn 7for herself and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,communications ,act of #aicd to streamline the deployment of telecommunications or broadband service facilities in public rights-of-way and the rights-of-way of railroad carriers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,broadband and ,telecommunications ,,rail ,act4 #b4 ,deployment of telecommunications or broadband service facilities in public rights-of-way and railroad rights-of-way ,title ,,vii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fja et seq47 is amended by adding at the end the following3 #gbc4 ,deployment of telecommunications or broadband service facilities in public rights-of-way and railroad rights-of- way 7a7 ,definitions ,in this section3 7#a7 ,broadband service ,the term broadband service has the meaning given the term broadband internet access service in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#b7 ,provider ,the term provider means a provider of telecommunications service or broadband service4 7#c7 ,public right-of-way ,the term public right-of-way means a public street1 highway1 route1 or road 7as designated by the ,federal ,government or a ,state or local government71 including-- 7,a7 any railroad installation listed in the ,national ,highway-,rail ,crossing ,inventory of the ,department of ,transportation as an over 7at grade71 under 7subgrade71 longitudinal 7parallel71 or transverse 7crossing7 installation2 and 7,b7 a private crossing with public access listed in the ,national ,highway-,rail ,crossing ,inventory of the ,department of ,transportation4 7#d7 ,railroad carrier ,the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 7#e7 ,telecommunications or broadband service facility ,the term telecommunications or broadband service facility-- 7,a7 means a facility used to provide or support the provision of any telecommunications service or broadband service2 and 7,b7 includes a facility described in subparagraph 7,a7 that is used to provide1 or support the provision of1 other services4 7b7 ,notification of work by providers in public rights-of-,way 7#a7 ,in general ,if a ,state or local government has authorized a provider to place or modify a telecommunications or broadband service facility in a public right-of-way1 and the telecommunications or broadband service facility will be placed or modified in an area where the public right-of-way intersects with a railroad corridor1 the provider-- 7,a7 shall submit to the applicable railroad carrier a written notification that the placement or modification has been authorized by the ,state or local government2 and 7,b7 shall not be required to submit an application to the railroad carrier under subsection 7c7 with respect to the placement or modification4 7#b7 ,contents ,a notification submitted under paragraph 7#a7 shall contain the following information with respect to a placement or modification described in that paragraph3 7,a7 ,the location of the placement or modification4 7,b7 ,the proposed date of commencement of work with respect to the placement or modification4 7,c7 ,the anticipated duration of the work described in subparagraph 7,b74 7,d7 ,the entry and exit points that will be used with respect to the performance of the work described in subparagraph 7,b74 7,e7 ,the contact information of the provider4 7#c7 ,scheduling ,following the submission of a complete notification under paragraph 7#a7 by a provider-- 7,a7 the provider shall schedule a date in coordination with the applicable railroad carrier for the placement or modification of the telecommunications or broadband service facility to which the notification applies2 and 7,b7 the placement or modification described in subparagraph 7,a7 shall commence-- 7i7 not earlier than the date that is #ae days after the date on which the notification is submitted2 and 7ii7 not later than-- 7,i7 the date that is #cj days after the date on which the notification is submitted2 or 7,,ii7 such other date as mutually agreed upon by the provider and the applicable railroad carrier4 7#d7 ,payment not required 7,a7 ,in general ,a provider shall not be required to pay a railroad carrier with respect to the placement or modification of a telecommunications or broadband service facility in a public right-of-way1 as authorized by a ,state or local government4 7,b7 ,rule of construction ,nothing in subparagraph 7,a7 may be construed to affect any requirement1 pursuant to an authorization by a ,state or local government for a provider to place or modify a telecommunications or broadband service facility in a public right-of- way1 for the provider to make any payment to any entity with respect to the placement or modification4 7c7 ,application ,to place or modify telecommunications or broadband service facilities in railroad rights-of-,way 7#a7 ,in general ,in order to place or modify a telecommunications or broadband service facility in the right-of-way of a railroad carrier1 a provider shall submit to the railroad carrier a written application that contains the following information3 7,a7 ,engineering design plans1 construction plans1 and 7if applicable7 bore plans with respect to the placement or modification4 7,b7 ,the location of the placement or modification4 7,c7 ,the proposed date of commencement of work with respect to the placement or modification4 7,d7 ,the anticipated duration of the work described in subparagraph 7,c74 7,e7 ,the entry and exit points that will be used with respect to the performance of the work described in subparagraph 7,c74 7,f7 ,the contact information of the provider4 7#b7 ,decision 7,a7 ,in general ,not later than #fj days after the date on which a railroad carrier receives a complete application that contains the information required under paragraph 7#a71 the railroad carrier shall-- 7i7 approve or deny the application2 and 7ii7 transmit to the provider that submitted the application a notification of the approval or denial under clause 7i74 7,b7 ,exclusive reasons for denial ,a railroad carrier may only deny an application under subparagraph 7,a7 if the placement or modification of a telecommunications or broadband service facility proposed in the application would-- 7i7 substantially interfere with or damage the infrastructure or permanent operations of the railroad carrier2 or 7ii7 jeopardize the safety of passengers or employees of the railroad carrier4 7,c7 ,explanation ,if a railroad carrier denies an application under subparagraph 7,a71 the railroad carrier shall include in the notification required under clause 7ii7 of that subparagraph an identification of each reason under subparagraph 7,b7 for which the railroad carrier denied the application and an explanation of how that reason for denial applies to the application4 7#c7 ,scheduling ,following approval of an application under this subsection1 the applicable provider shall schedule a date in coordination with the railroad carrier for the placement or modification of the applicable telecommunications or broadband service facility1 which shall commence not later than-- 7,a7 the date that is #cj days after the date of the approval2 or 7,b7 such other date as indicated in the application or mutually agreed upon by the provider and the railroad carrier4 7#d7 ,compensation ,a provider that submits to a railroad carrier an application under this subsection shall pay the railroad carrier compensation in an amount that is equal to the actual costs reasonably and directly incurred by the railroad carrier with respect to the application4 7d7 ,petition for relief 7#a7 ,in general 7,a7 ,railroad carrier ,a railroad carrier may petition the ,commission for relief regarding the placement or modification by a provider of a telecommunications or broadband service facility in an area where a public right-of-way intersects with a railroad corridor1 or in the right-of-way of the railroad carrier1 if the railroad carrier asserts that-- 7i7 in the case of a placement or modification with respect to which the provider has submitted an application to the railroad carrier under subsection 7c71 the amount of compensation that the provider proposes to pay under paragraph 7#d7 of that subsection is not actual costs reasonably and directly incurred by the railroad carrier1 as required by that paragraph2 or 7ii7 the provider has otherwise failed to comply with this section or a regulation promulgated under this section4 7,b7 ,provider 7i7 ,in general ,a provider may petition the ,commission for relief regarding the placement or modification by the provider of a telecommunications or broadband service facility in an area where a public right-of-way intersects with a railroad corridor1 or in the right-of-way of a railroad carrier1 if the provider asserts that the relevant railroad carrier has-- 7,i7 wrongfully obstructed or delayed the placement or modification2 7,,ii7 requested payment in an amount in excess of the actual costs required under subsection 7c77#d72 or 7,,iii7 otherwise failed to comply with this section or a regulation promulgated under this section4 7ii7 ,timing ,in the case of a placement or modification with respect to which a provider has submitted an application to a railroad carrier under subsection 7c71 the provider may not file a petition for relief under clause 7i7 with respect to the placement or modification before the earlier of-- 7,i7 the date on which the railroad carrier notifies the provider of the approval or denial of the application2 and 7,,ii7 the day after the date that is #fj days after the date on which the railroad carrier receives the application4 7#b7 ,adjudication 7,a7 ,jurisdiction ,the ,commission shall be the sole ,federal agency with jurisdiction to hear and resolve a petition filed under paragraph 7#a74 7,b7 ,findings ,in adjudicating a petition filed under paragraph 7#a71 the ,commission may make any necessary findings of fact or determinations4 7,c7 ,use of experts 7i7 ,in general ,in adjudicating a petition filed under paragraph 7#a71 the ,commission may employ experts to advise the ,commission with respect to-- 7,i7 examining locations1 plans1 specifications1 and descriptions of equipment and methods proposed to be employed2 7,,ii7 hearing any objections and considering any modifications that the applicable railroad carrier or provider submits2 7,,iii7 rejecting1 approving1 or modifying proposed plans and specifications2 and 7,,iv7 technical1 economic1 and other matters concerning the applicable placement or modification4 7ii7 ,reimbursement ,the party against which the ,commission rules on an issue with respect to which an expert employed by the ,commission under clause 7i7 renders services under that clause shall reimburse the ,commission for the cost of those services4 7iii7 ,deposit of collections ,amounts received to reimburse the ,commission for the cost of services rendered by an expert employed under clause 7i7 shall be deposited in1 and credited to1 the account through which funds were made available to pay that cost4 7iv7 ,authority ,the ,commission may employ experts under clause 7i7 pursuant to section #caji7;b7 of title #e1 ,united ,states ,code4 7,d7 ,coordination with ,federal agencies ,in adjudicating a petition filed under paragraph 7#a71 the ,commission shall coordinate with the ,administrator of the ,federal ,railroad ,administration regarding any finding of fact or determination relating to railroad safety4 7,e7 ,final order 7i7 ,in general ,not later than #ij days after the date on which a petition is filed under paragraph 7#a71 the ,commission shall issue a final order regarding the petition in which the ,commission may grant such relief as the ,commission considers appropriate4 7ii7 ,extension of deadline 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,commission may extend the deadline with respect to a petition under clause 7i71 as the ,commission considers appropriate4 7,,ii7 ,exception ,the ,commission may not extend the deadline with respect to a petition under clause 7i7 on the basis of the coordination required under subparagraph 7,d74 7e7 ,responsibilities of parties 7#a7 ,railroad carriers ,with respect to the placement or modification by a provider of a telecommunications or broadband service facility in an area where a public right-of-way intersects with a railroad corridor1 or in the right-of-way of a railroad carrier1 the relevant railroad carrier shall-- 7,a7 take such protective measures as the railroad carrier determines necessary and appropriate2 and 7,b7 perform any work necessary to implement the placement or modification that the provider is prohibited from performing because of the limitations under subsection 7f77#b77;,d74 7#b7 ,providers ,with respect to the placement or modification by a provider of a telecommunications or broadband service facility in an area where a public right-of-way intersects with a railroad corridor1 or in the right-of-way of a railroad carrier1 the provider-- 7,a7 shall not be required to obtain additional insurance for the placement or modification2 and 7,b7 shall-- 7i7 carry out all aspects of the implementation of the placement or modification 7other than any work necessary to implement the placement or modification that the provider is prohibited from performing because of the limitations under subsection 7f77#b77;,d772 and 7ii7 ensure that the placement or modification is carried out1 and that the telecommunications or broadband service facility is operated1 in accordance with-- 7,i7 all applicable ,federal laws and regulations1 including those relating to railroad safety2 and 7,,ii7 any accepted industry standards specified by the ,commission4 7f7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,commission shall promulgate regulations 7which may include regulations applicable to railroad carriers7 to implement this section in a manner that-- 7,a7 ensures railroad safety1 including by ensuring compliance with all applicable ,federal laws and regulations1 including those relating to railroad safety2 7,b7 provides a process for more the timely placement or modification of a telecommunications or broadband service facility in an emergency situation than would otherwise be provided for under this section2 7,c7 prevents substantial interference with the infrastructure or operations of railroad carriers2 7,d7 allows for the timely and efficient placement and modification of telecommunications or broadband service facilities2 and 7,e7 provides a process for the more timely placement or modification of a telecommunications or broadband service facility in a railroad carrier crossing that is discontinued or abandoned than would otherwise be provided for under this section4 7#b7 ,matters to be included ,in the regulations promulgated under paragraph 7#a71 the ,commission shall-- 7,a7 establish standards and procedures for determining whether the reasons for denial under clauses 7i7 and 7ii7 of subsection 7c77#b77;,b7 are satisfied2 7,b7 establish standards and procedures for determining actual costs under subsection 7c77#d72 7,c7 establish standards and procedures for adjudicating petitions for relief under subsection 7d71 including with respect to reimbursement of the ,commission for the cost of services rendered by experts employed under subsection 7d77#b77;,c72 7,d7 specify any limitations on the locations within an area where a public right-of-way intersects with a railroad corridor1 or within the right-of-way of a railroad carrier1 where a provider may perform work relating to the placement or modification of a telecommunications or broadband service facility1 or on the types of such work that a provider may perform within such an area or right-of-way1 in order to ensure railroad safety and to prevent substantial interference with the infrastructure or operations of railroad carriers2 and 7,e7 otherwise establish standards and procedures and define terms as necessary to implement this section4 7#c7 ,coordination with ,federal agencies ,in promulgating regulations under paragraph 7#a71 the ,commission shall coordinate with the ,administrator of the ,federal ,railroad ,administration regarding any matter relating to railroad safety4 7g7 ,memorandum of understanding ,not later than #fj days after the date of enactment of this section1 the ,commission and the ,administrator of the ,federal ,railroad ,administration shall confer and enter into a memorandum of understanding to work cooperatively to ensure that safety concerns of railroad carriers and users of public rights-of-way are addressed in any coordination that occurs pursuant to subsection 7d77#b77;,d7 or 7f77#c74 7h7 ,rule of construction ,nothing in this section1 including in any regulation promulgated under subsection 7f71 may be construed as establishing1 eliminating1 or modifying an agreement between a railroad carrier and a labor organization representing a class or craft of employees of that railroad carrier that is covered by the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq474 4