This bill adds a new section to Title VII of the Communications Act. It sets rules for placing or changing telecommunications or broadband equipment in public rights-of-way and inside railroad rights-of-way. It defines key terms such as broadband service, provider, public right-of-way, and railroad carrier. For work in public rights-of-way where those ways cross railroad corridors, providers must send a written notification to the railroad carrier with location, start date, duration, entry and exit points, and contact information. Providers do not have to file a full application with the railroad carrier for such crossings and generally may not be charged by the railroad carrier for these placements if the work was authorized by a State or local government. To place or modify equipment inside a railroad carrier’s right-of-way, a provider must submit an application with engineering and construction plans, location, timing, entry and exit points, and contact information. The railroad carrier must approve or deny a complete application within 60 days and may deny only if the work would substantially interfere with railroad infrastructure or operations or would jeopardize safety. After approval, work must begin within 30 days unless another date is agreed. Providers must pay railroad carriers for actual costs reasonably and directly incurred for processing applications in railroad rights-of-way.
The bill lets either a railroad carrier or a provider petition the Federal Communications Commission for relief about disputes over delays, denials, or payments. The Commission is the sole federal agency to hear these petitions, may use experts (with the losing party reimbursing expert costs), must coordinate with the Federal Railroad Administration on safety matters, and generally must issue a final order on a petition within 90 days. The bill requires the Commission to issue implementing regulations within 1 year that protect railroad safety, speed emergency placements, prevent interference with railroad operations, and set standards for denials, actual costs, and petitions. The Commission and the Federal Railroad Administration must sign a memorandum of understanding within 60 days to address safety concerns. The bill also says it does not change any collective bargaining agreements covered by the Railway Labor Act.
The bill requires providers to pay railroad carriers for actual costs reasonably and directly incurred when providers apply to place or modify equipment in railroad rights-of-way. Providers are not required to pay railroad carriers for placements in public rights-of-way if those placements were authorized by a State or local government, though this does not affect payments the provider must make to comply with State or local authorizations. The Commission may require reimbursement for expert costs from the party against which it rules. No publicly available information on broader federal spending, savings, or budgetary effects is included in the bill text.
No publicly available information.
No publicly available information.