[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3268 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3268
To amend the Communications Act of 1934 to streamline the deployment of
telecommunications or broadband service facilities in public rights-of-
way and the rights-of-way of railroad carriers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2025
Mrs. Blackburn (for herself and Mr. Lujan) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to streamline the deployment of
telecommunications or broadband service facilities in 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) 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) Public right-of-way.--The term `public right-of-way'
means a public street, highway, route, or road (as designated
by the Federal Government or a State or local government),
including--
``(A) any railroad installation listed in the
National Highway-Rail Crossing Inventory of the
Department of Transportation as an over (at grade),
under (subgrade), longitudinal (parallel), or
transverse (crossing) installation; and
``(B) a private crossing with public access listed
in the National Highway-Rail Crossing Inventory of the
Department of Transportation.
``(4) Railroad carrier.--The term `railroad carrier' has
the meaning given the term in section 20102 of title 49, United
States Code.
``(5) Telecommunications or broadband service facility.--
The term `telecommunications or broadband service facility'--
``(A) means a facility used to provide or support
the provision of any telecommunications service or
broadband service; and
``(B) includes a facility described in subparagraph
(A) that is used to provide, or support the provision
of, other services.
``(b) 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 a telecommunications
or broadband service facility in a public right-of-way, and the
telecommunications or broadband service facility 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 applicable railroad
carrier a written notification that the placement or
modification has been authorized by the State or local
government; and
``(B) shall not be required to submit an
application to the railroad carrier under subsection
(c) with respect to the placement or modification.
``(2) Contents.--A notification submitted under paragraph
(1) shall contain the following information with respect to a
placement or modification described in that 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
described in subparagraph (B).
``(D) The entry and exit points that will be used
with respect to the performance of the work described
in subparagraph (B).
``(E) The contact information of the provider.
``(3) Scheduling.--Following the submission of a complete
notification under paragraph (1) by a provider--
``(A) the provider shall schedule a date in
coordination with the applicable railroad carrier for
the placement or modification of the telecommunications
or broadband service facility 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
applicable railroad carrier.
``(4) Payment not required.--
``(A) In general.--A provider shall not be required
to pay a railroad carrier with respect to the placement
or modification of a telecommunications or broadband
service facility 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 a
telecommunications or broadband service facility in a
public right-of- way, for the provider to make any
payment to any entity with respect to the placement or
modification.
``(c) Application To Place or Modify Telecommunications or
Broadband Service Facilities in Railroad Rights-of-Way.--
``(1) In general.--In order to place or modify a
telecommunications or broadband service facility 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
described in subparagraph (C).
``(E) The entry and exit points that will be used
with respect to the performance of the work described
in subparagraph (C).
``(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 a complete
application that contains the information required
under 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 a
telecommunications or broadband service facility
proposed in the application would--
``(i) substantially interfere with or
damage the infrastructure or permanent
operations 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
under clause (ii) of that subparagraph an
identification of each reason under subparagraph (B)
for which the railroad carrier denied the application
and an explanation of how that reason for denial
applies to the application.
``(3) Scheduling.--Following approval of an application
under this subsection, the applicable provider shall schedule a
date in coordination with the railroad carrier for the
placement or modification of the applicable telecommunications
or broadband service facility, which 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 in an amount that is equal to the
actual costs reasonably and directly incurred by the railroad
carrier with respect to the application.
``(d) 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 a
telecommunications or broadband service facility 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 (c), the amount of
compensation that the provider proposes to pay
under paragraph (4) of that subsection is not
actual costs reasonably and directly incurred
by the railroad carrier, as required by that
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 a
telecommunications or broadband service
facility 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 in an
amount in excess of the actual costs
required under subsection (c)(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 (c), 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
applicable railroad carrier or provider
submits;
``(III) rejecting, approving, or
modifying proposed plans and
specifications; and
``(IV) technical, economic, and
other matters concerning the applicable
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 that clause shall reimburse the
Commission for the cost of those 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 that 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 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 under subparagraph (D).
``(e) Responsibilities of Parties.--
``(1) Railroad carriers.--With respect to the placement or
modification by a provider of a telecommunications or broadband
service facility 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
under subsection (f)(2)(D).
``(2) Providers.--With respect to the placement or
modification by a provider of a telecommunications or broadband
service facility 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) shall not be 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 under subsection (f)(2)(D)); and
``(ii) ensure that the placement or
modification is carried out, and that the
telecommunications or broadband service
facility is 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.
``(f) Rulemaking.--
``(1) In general.--Not later than 1 year after the date of
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 the timely
placement or modification of a telecommunications or
broadband service facility in an emergency situation
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 the more timely
placement or modification of a telecommunications or
broadband service facility in a railroad carrier
crossing that is discontinued 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 (c)(2)(B) are
satisfied;
``(B) establish standards and procedures for
determining actual costs under subsection (c)(4);
``(C) establish standards and procedures for
adjudicating petitions for relief under subsection (d),
including with respect to reimbursement of the
Commission for the cost of services rendered by experts
employed under subsection (d)(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 a
telecommunications or broadband service facility, 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 regarding any matter relating to railroad
safety.
``(g) Memorandum of Understanding.--Not later than 60 days after
the date of enactment of this section, the Commission and the
Administrator of the Federal Railroad Administration shall confer and
enter into a memorandum of understanding to work cooperatively to
ensure that safety concerns of railroad carriers and users of public
rights-of-way are addressed in any coordination that occurs pursuant to
subsection (d)(2)(D) or (f)(3).
``(h) Rule of Construction.--Nothing in this section, including in
any regulation promulgated under subsection (f), may be construed as
establishing, eliminating, or modifying an agreement between a railroad
carrier and a labor organization representing a class or craft of
employees of that railroad carrier that is covered by the Railway Labor
Act (45 U.S.C. 151 et seq.).''.
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