Broadband and Telecommunications RAIL Act
This bill establishes a framework for the placement or modification of broadband or telecommunications equipment in a railroad corridor.
Specifically, if a broadband or telecommunications provider is seeking to place or modify equipment within a railroad carrier’s right-of-way, the provider must submit an application to the carrier. A carrier must approve or deny an application within 60 days of receipt, and may only deny an application for safety reasons or if the placement or modification would substantially interfere with or damage railroad infrastructure. Once an application is approved, work must be scheduled in coordination with the carrier and generally must begin within 30 days. A provider must pay the railroad carrier for actual costs incurred with respect to the application.
However, if a provider has been authorized by a state or local government to place or modify equipment in a public right-of-way in an area that intersects with a railroad corridor, the provider need only notify the relevant railroad carrier and schedule the work in coordination with the carrier. Work must generally begin between 15 and 30 days after the notification is submitted. No fee is required.
A provider or carrier may petition the Federal Communications Commission (FCC) for relief if the other has failed to comply with these provisions.
The FCC must promulgate regulations to implement these provisions in a manner that ensures railroad safety, provides a timelier process for emergency situations, and prevents substantial interference with railroad infrastructure or operations, among other requirements.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6046 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6046
To amend the Communications Act of 1934 to streamline the deployment of
telecommunications or broadband service facilities in the public
rights-of-way and the rights-of-way of railroad carriers, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2025
Mr. Joyce of Pennsylvania (for himself, Mr. Landsman, and Mr. Peters)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to streamline the deployment of
telecommunications or broadband service facilities in the public
rights-of-way and the rights-of-way of railroad carriers, 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 ``Broadband and Telecommunications
RAIL Act''.
SEC. 2. DEPLOYMENT OF TELECOMMUNICATIONS OR BROADBAND SERVICE
FACILITIES IN PUBLIC RIGHTS-OF-WAY AND RAILROAD RIGHTS-
OF-WAY.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is amended by adding at the end the following:
``SEC. 723. DEPLOYMENT OF TELECOMMUNICATIONS OR BROADBAND SERVICE
FACILITIES IN PUBLIC RIGHTS-OF-WAY AND RAILROAD RIGHTS-
OF-WAY.
``(a) Notification of Work by Providers in Public Rights-of-Way.--
``(1) In general.--If a State or local government has
authorized a provider to place or modify telecommunications or
broadband service facilities in a public right-of-way, and the
facilities will be placed or modified in an area where the
public right-of-way intersects with a railroad corridor, the
provider--
``(A) shall submit to the relevant railroad carrier
a written notification that the placement or
modification has been authorized by the State or local
government; and
``(B) is not required to submit an application to
the railroad carrier under subsection (b) with respect
to the placement or modification.
``(2) Contents.--A notification submitted under paragraph
(1) shall contain the following information with respect to the
placement or modification described in such paragraph:
``(A) The location of the placement or
modification.
``(B) The proposed date of commencement of work
with respect to the placement or modification.
``(C) The anticipated duration of the work.
``(D) The entry and exit points that will be used
with respect to the performance of the work.
``(E) The contact information of the provider.
``(3) Scheduling.--Following the submission of a
notification under paragraph (1)--
``(A) the provider shall schedule a date in
coordination with the railroad carrier for the
placement or modification of the facilities to which
the notification applies; and
``(B) the placement or modification described in
subparagraph (A) shall commence--
``(i) not earlier than the date that is 15
days after the date on which the notification
is submitted; and
``(ii) not later than--
``(I) the date that is 30 days
after the date on which the
notification is submitted; or
``(II) such other date as mutually
agreed upon by the provider and the
railroad carrier.
``(4) Payment not required.--
``(A) In general.--A provider is not required to
pay a railroad carrier with respect to the placement or
modification of telecommunications or broadband service
facilities in a public right-of-way as authorized by a
State or local government.
``(B) Rule of construction.--Nothing in
subparagraph (A) may be construed to affect any
requirement, pursuant to an authorization by a State or
local government for a provider to place or modify
telecommunications or broadband service facilities in a
public right-of-way, for the provider to make any
payment to any entity with respect to the placement or
modification.
``(b) Application To Place or Modify Telecommunications or
Broadband Service Facilities in Railroad Rights-of-Way.--
``(1) In general.--In order to place or modify
telecommunications or broadband service facilities in the
right-of-way of a railroad carrier, a provider shall submit to
the railroad carrier a written application that contains the
following information:
``(A) Engineering design plans, construction plans,
and (if applicable) bore plans with respect to the
placement or modification.
``(B) The location of the placement or
modification.
``(C) The proposed date of commencement of work
with respect to the placement or modification.
``(D) The anticipated duration of the work.
``(E) The entry and exit points that will be used
with respect to the performance of the work.
``(F) The contact information of the provider.
``(2) Decision.--
``(A) In general.--Not later than 60 days after the
date on which a railroad carrier receives an
application that contains the information required by
paragraph (1), the railroad carrier shall--
``(i) approve or deny the application; and
``(ii) transmit to the provider that
submitted the application a notification of the
approval or denial under clause (i).
``(B) Exclusive reasons for denial.--A railroad
carrier may only deny an application under subparagraph
(A) if the placement or modification of
telecommunications or broadband service facilities
proposed in the application would--
``(i) substantially interfere with or
damage the infrastructure of the railroad
carrier; or
``(ii) jeopardize the safety of passengers
or employees of the railroad carrier.
``(C) Explanation.--If a railroad carrier denies an
application under subparagraph (A), the railroad
carrier shall include in the notification required by
clause (ii) of such subparagraph an identification of
each reason described in subparagraph (B) for which the
railroad carrier denied the application and an
explanation of how such reason for denial applies to
the application.
``(3) Scheduling.--Following approval of an application
under this subsection, the provider shall schedule a date in
coordination with the railroad carrier for the placement or
modification of the facilities, which placement or modification
shall commence not later than--
``(A) the date that is 30 days after the date of
the approval; or
``(B) such other date as indicated in the
application or mutually agreed upon by the provider and
the railroad carrier.
``(4) Compensation.--A provider that submits to a railroad
carrier an application under this subsection shall pay the
railroad carrier compensation that is equal to the actual costs
reasonably and directly incurred by the railroad carrier with
respect to the application (including any placement or
modification of telecommunications or broadband service
facilities carried out pursuant to the application, to the
extent such costs relate to railroad safety).
``(c) Petition for Relief.--
``(1) In general.--
``(A) Railroad carrier.--A railroad carrier may
petition the Commission for relief regarding the
placement or modification by a provider of
telecommunications or broadband service facilities in
an area where a public right-of-way intersects with a
railroad corridor, or in the right-of-way of the
railroad carrier, if the railroad carrier asserts
that--
``(i) in the case of a placement or
modification with respect to which the provider
has submitted an application to the railroad
carrier under subsection (b), the amount of
compensation that the provider proposes to pay
under paragraph (4) of such subsection is not
actual costs as required by such paragraph; or
``(ii) the provider has otherwise failed to
comply with this section or a regulation
promulgated under this section.
``(B) Provider.--
``(i) In general.--A provider may petition
the Commission for relief regarding the
placement or modification by the provider of
telecommunications or broadband service
facilities in an area where a public right-of-
way intersects with a railroad corridor, or in
the right-of-way of a railroad carrier, if the
provider asserts that the relevant railroad
carrier has--
``(I) wrongfully obstructed or
delayed the placement or modification;
``(II) requested payment above
actual costs required by subsection
(b)(4); or
``(III) otherwise failed to comply
with this section or a regulation
promulgated under this section.
``(ii) 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 (b), the
provider may not file a petition for relief
under clause (i) with respect to the placement
or modification before the earlier of--
``(I) the date on which the
railroad carrier notifies the provider
of the approval or denial of the
application; and
``(II) the day after the date that
is 60 days after the date on which the
railroad carrier receives the
application.
``(2) Adjudication.--
``(A) Jurisdiction.--The Commission shall be the
sole Federal agency with jurisdiction to hear and
resolve a petition filed under paragraph (1).
``(B) Findings.--In adjudicating a petition filed
under paragraph (1), the Commission may make any
necessary findings of fact or determinations.
``(C) Use of experts.--
``(i) In general.--In adjudicating a
petition filed under paragraph (1), the
Commission may employ experts to advise the
Commission with respect to--
``(I) examining locations, plans,
specifications, and descriptions of
equipment and methods proposed to be
employed;
``(II) hearing any objections and
considering any modifications that the
railroad carrier or provider submits;
``(III) rejecting, approving, or
modifying proposed plans and
specifications; and
``(IV) technical, economic, and
other matters concerning the placement
or modification.
``(ii) Reimbursement.--The party against
which the Commission rules on an issue with
respect to which an expert employed by the
Commission under clause (i) renders services
under such clause shall reimburse the
Commission for the cost of such services.
``(iii) Deposit of collections.--Amounts
received to reimburse the Commission for the
cost of services rendered by an expert employed
under clause (i) shall be deposited in, and
credited to, the account through which funds
were made available to pay such cost.
``(iv) Authority.--The Commission may
employ experts under clause (i) pursuant to
section 3109(b) of title 5, United States Code.
``(D) Coordination with federal agencies.--In
adjudicating a petition filed under paragraph (1), the
Commission shall coordinate with the Administrator of
the Federal Railroad Administration and the Surface
Transportation Board regarding any finding of fact or
determination relating to railroad safety.
``(E) Final order.--
``(i) In general.--Not later than 90 days
after the date on which a petition is filed
under paragraph (1), the Commission shall issue
a final order regarding the petition in which
the Commission may grant such relief as the
Commission considers appropriate.
``(ii) Extension of deadline.--
``(I) In general.--Except as
provided in subclause (II), the
Commission may extend the deadline with
respect to a petition under clause (i),
as the Commission considers
appropriate.
``(II) Exception.--The Commission
may not extend the deadline with
respect to a petition under clause (i)
on the basis of the coordination
required by subparagraph (D).
``(d) Responsibilities of Parties.--
``(1) Railroad carriers.--With respect to the placement or
modification by a provider of telecommunications or broadband
service facilities in an area where a public right-of-way
intersects with a railroad corridor, or in the right-of-way of
a railroad carrier, the relevant railroad carrier shall--
``(A) take such protective measures as the railroad
carrier determines necessary and appropriate; and
``(B) perform any work necessary to implement the
placement or modification that the provider is
prohibited from performing because of the limitations
specified under subsection (e)(2)(D).
``(2) Providers.--With respect to the placement or
modification by a provider of telecommunications or broadband
service facilities in an area where a public right-of-way
intersects with a railroad corridor, or in the right-of-way of
a railroad carrier, the provider--
``(A) is not required to obtain additional
insurance for the placement or modification; and
``(B) shall--
``(i) carry out all aspects of the
implementation of the placement or modification
(other than any work necessary to implement the
placement or modification that the provider is
prohibited from performing because of the
limitations specified under subsection
(e)(2)(D)); and
``(ii) ensure that the facilities are
constructed and operated in accordance with--
``(I) all applicable Federal laws
and regulations, including those
relating to railroad safety; and
``(II) any accepted industry
standards specified by the Commission.
``(e) Rulemaking.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Commission shall promulgate
regulations (which may include regulations applicable to
railroad carriers) to implement this section in a manner that--
``(A) ensures railroad safety, including by
ensuring compliance with all applicable Federal laws
and regulations, including those relating to railroad
safety;
``(B) provides a process for more timely placement
or modification of telecommunications or broadband
service facilities in emergency situations than would
otherwise be provided for under this section;
``(C) prevents substantial interference with the
infrastructure or operations of railroad carriers;
``(D) allows for the timely and efficient placement
and modification of telecommunications or broadband
service facilities; and
``(E) provides a process for more timely placement
or modification of telecommunications or broadband
service facilities in railroad carrier crossings that
are closed or abandoned than would otherwise be
provided for under this section.
``(2) Matters to be included.--In the regulations
promulgated under paragraph (1), the Commission shall--
``(A) establish standards and procedures for
determining whether the reasons for denial under
clauses (i) and (ii) of subsection (b)(2)(B) are met;
``(B) establish standards and procedures for
determining actual costs under subsection (b)(4);
``(C) establish standards and procedures for
adjudicating petitions for relief under subsection (c),
including with respect to reimbursement of the
Commission for the cost of services rendered by experts
employed under subsection (c)(2)(C);
``(D) specify any limitations on the locations
within an area where a public right-of-way intersects
with a railroad corridor, or within the right-of-way of
a railroad carrier, where a provider may perform work
relating to the placement or modification of
telecommunications or broadband service facilities, or
on the types of such work that a provider may perform
within such an area or right-of-way, in order to ensure
railroad safety and to prevent substantial interference
with the infrastructure or operations of railroad
carriers; and
``(E) otherwise establish standards and procedures
and define terms as necessary to implement this
section.
``(3) Coordination with federal agencies.--In promulgating
regulations under paragraph (1), the Commission shall
coordinate with the Administrator of the Federal Railroad
Administration and the Surface Transportation Board regarding
any matter relating to railroad safety.
``(f) Definitions.--In this section:
``(1) Broadband service.--The term `broadband service' has
the meaning given the term `broadband internet access service'
in section 8.1(b) of title 47, Code of Federal Regulations (or
any successor regulation).
``(2) Provider.--The term `provider' means a provider of
telecommunications service or broadband service.
``(3) Railroad carrier.--The term `railroad carrier' has
the meaning given such term in section 20102 of title 49,
United States Code.
``(4) Telecommunications or broadband service facilities.--
The term `telecommunications or broadband service facilities'--
``(A) means facilities used to provide or support
the provision of any telecommunications service or
broadband service; and
``(B) includes facilities described in subparagraph
(A) that are used to provide or support the provision
of other services.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held
Ordered to be Reported by the Yeas and Nays: 51 - 0.
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