HR 1695 Broadband Conduit Deployment Act of 2011

On May 3, 2011, Rep Anna Eshoo (D-CA) introduced the Broadband Conduit Deployment Act of 2011 (HR 1695). The bill would require the inclusion of "broadband conduit" – plastic pipes which house fiber-optic communications cable – during the construction of federal highways. The Federal Highway Administration estimates it is ten times more expensive to dig up and then repair an existing road to lay fiber, than to dig a channel for it when the road is being built or repaired.

Sec. 330. Inclusion of broadband conduit installation in certain highway construction projects

(a) In General- The Secretary shall require States to install broadband conduit in accordance with this section as part of any covered highway construction project.

(b) Installation Requirements- In carrying out subsection (a), the Secretary shall ensure with respect to a covered highway construction project that--
(1) an appropriate number of broadband conduits, as determined by the Secretary, are installed along such highway to accommodate multiple broadband providers, with consideration given to the availability of existing conduits;
(2) the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined by the Secretary; and
(3) hand holes and manholes for fiber access and pulling with respect to each such conduit are placed at intervals consistent with industry best practices, as determined by the Secretary.

(c) Standards- The Secretary shall establish standards to carry out subsection (b) that consider population density in the area of a covered highway construction project, the type of highway involved in such project, and existing broadband access in the area of such project.

(d) 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 practices, as determined by the Secretary.

(e) 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 practices, as determined by the Secretary, and that, in determining the depth of placement, consideration is given to the location of existing utilities and the cable separation requirements of State and local electrical codes.

(f) Access- The Secretary shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this section, on a competitively neutral and nondiscriminatory basis, for a charge not to exceed a cost-based rate.

(g) Waiver Authority- The Secretary may waive the application of this section or any provision therein if the Secretary determines such waiver appropriate with respect to a covered highway construction project.

(h) Coordination With FCC- In carrying out this section, the Secretary shall coordinate with the Federal Communications Commission as the Secretary determines appropriate, including in making determinations with respect to potential demand under subsection (b)(2) and existing broadband access under subsection (c).