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Good Government Work: Eshoo's Broadband Conduit Deployment Act: If broadband matters - and it does - it's almost criminally negligent to build or rebuild a road without including fiber conduit. Including conduit adds less than 1% to the road cost, the New America Foundation calculates in an important paper, http://bit.ly/googoo1. Silicon Valley's Congresswoman, Anna Eshoo, has now proposed a "simple, common sense proposal." John Eggerton expects support for this or similar from Waxman, Boucher, Markey, Klobuchar, and Warner. The proposal is so sensible that no one has publicly opposed the bill. If the sponsors are serious, this can and should be included in one of several highway and stimulus bills likely to become law in the next few months. The bill is short and simple, directing the Secretary of Transportation to require States to install broadband conduit as part of any covered highway construction project, according to " industry best practices."
Broadband Conduit Deployment Act of 2009 (Introduced in House)
HR 2428 IH
111th CONGRESS 1st Session
H. R. 2428
To amend title 23, United States Code, to direct the Secretary of Transportation to require that broadband be installed as part of certain highway construction projects, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 14, 2009
Ms. ESHOO (for herself, Mr. WAXMAN, Mr. BOUCHER, and Mr. MARKEY of Massachusetts) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend title 23, United States Code, to direct the Secretary of Transportation to require that broadband conduit be installed as part of certain highway construction projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `BroadbandConduitDeploymentAct of 2009'.
SEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLATION IN CERTAIN HIGHWAY CONSTRUCTION PROJECTS.
Chapter 3 of title 23, United States Code, is amended by adding at the end the following:
`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--
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`(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;
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`(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
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`(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 broadbandconduit 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 broadbandconduit 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) Definitions- In this section, the following definitions apply:
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`(1) BROADBAND - The term `broadband' means an Internet Protocol-based transmission service that enables users to send and receive voice, video, data, graphics, or a combination thereof.
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`(2) BROADBAND - The term broadbandconduit' means a conduit for fiber optic cables that support or, where appropriate, wireless facilities for service.
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`(3) COVERED HIGHWAY CONSTRUCTION PROJECT- The term `covered highway construction project' means a project to construct a new highway or to construct an additional lane or shoulder for an existing highway that is commenced after the date of enactment of this section and that receives funding under this title.
`(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).'.
SEC. 3. CLERICAL AMENDMENT.
The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:
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`330. Inclusion of broadbandconduit installation in certain highway construction projects.'.
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