Accelerating Rural Broadband Deployment Act
This bill authorizes the granting of an occupancy license to any person who requests access to a right-of-way that is owned by the federal government in order to place, construct, modify, or operate facilities for the provision of broadband service.
Specifically, an executive agency with control over such a right-of-way may grant an occupancy license for the expansion of broadband service. An occupancy license may not have a duration of more than 30 years and may be automatically renewed. The granting agency must establish an annual license fee and make a decision regarding the issuance of the occupancy license within 60 days of receiving an application for a license. If the agency does not act on a request within 60 days, the application shall be considered granted.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3970 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3970
To require Federal agencies to timely respond to right-of-way requests
for the build out of broadband service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2021
Mr. Curtis (for himself and Mr. Moulton) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Natural Resources,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To require Federal agencies to timely respond to right-of-way requests
for the build out of broadband service, 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 ``Accelerating Rural Broadband
Deployment Act''.
SEC. 2. ACCESS TO FEDERAL RIGHTS-OF-WAY FOR BUILD OUT OF BROADBAND
SERVICE.
(a) Definitions.--In this section:
(1) Broadband service.--The term ``broadband service''
means--
(A) any service that has the capacity to transmit
data to enable users or devices to originate and
receive high-quality voice, data, graphics, and video;
(B) any service by wire or radio that provides the
capability to transmit data to, and receive data from,
all or substantially all internet endpoints--
(i) including any capabilities that are
incidental to, and enable the operation of, the
service; and
(ii) excluding dial-up internet access
service; or
(C) any service that is the functional equivalent
of a service described in subparagraph (A) or (B).
(2) Executive agency.--The term ``Executive agency''--
(A) has the meaning given the term in section 105
of title 5, United States Code; and
(B) does not include the Department of Defense,
except for the Army Corps of Engineers.
(b) Access.--
(1) In general.--If an Executive agency, a State, a
political subdivision or agency of a State, an Indian tribal
government, or a person, firm, or organization requests access
to a right-of-way owned by the Federal Government, or an
instrumentality thereof, in order to place, construct, modify,
or operate facilities for the provision of broadband service,
the Executive agency having control of the right-of-way may
grant to the applicant, on behalf of the Federal Government, a
license of occupancy authorizing the deployment of all
equipment required to deploy broadband service.
(2) Duration.-- A license of occupancy issued under this
subsection shall be issued with a duration of not more than 30
years and may be automatically renewed for additional periods
of like duration.
(3) Fee.--
(A) In general.--Each Executive agency shall
establish an annual license fee for a license of
occupancy issued under this subsection.
(B) Considerations.--In establishing a fee under
subparagraph (A), an Executive agency shall--
(i) consider property valuations based on
the restricted and limited use nature of the
underlying parcel (adjacent commercial, private
or multiple use properties shall not be used
for the purpose of determining comparable
valuations); and
(ii) the size of the portion of land
requested to accommodate the equipment of the
licensee that is required to deploy broadband
service.
(C) Adjustments.--An annual license fee established
under this paragraph may be adjusted, not more
frequently than once every 6 years, to reflect the
current valuations upon renewal of such license.
(4) 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 54, United
States Code, or the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) Timely Consideration of Applications.--
(1) In general.--Not later than 60 days after the date on
which an Executive agency receives a request under subsection
(b), the Executive agency shall--
(A) on behalf of the Federal Government, grant the
application, grant the application subject to
conditions, or deny the application; and
(B) notify the applicant of the decision of the
Executive agency under subparagraph (A).
(2) Explanation of denial.--If an Executive agency denies
an application under this subsection, the Executive agency
shall notify the applicant in writing of such denial, which
shall--
(A) be supported by substantial evidence contained
in a written record; and
(B) include a clear statement of the reasons for
the denial.
(3) Public release of record.--The written record described
in paragraph (2)(A) shall be made available to the public on
the date on which the written notification is provided to the
applicant under paragraph (2).
(4) Automatic grant of request.--If an Executive agency
fails to act on a request received under subsection (b) by the
end of the 60-day period described in paragraph (1), the
application shall be considered granted.
(d) Requirement.--Any regulation issued by an Executive agency
governing management of access to a Federal right-of-way under this
section shall--
(1) be competitively and technologically neutral; and
(2) apply to all providers of broadband service on a
competitively neutral and nondiscriminatory basis.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Highways and Transit.
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