text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Broadband Conduit Deployment Act of 
  2015''.
  
  SEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLATION IN CERTAIN HIGHWAY 
                CONSTRUCTION PROJECTS.
  
      (a) In General.--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) Requirement.--
              ``(1) In general.--The Secretary shall require States to 
          evaluate the need for broadband conduit in accordance with this 
          section as part of any covered highway construction project.
              ``(2) Consultation.--This evaluation shall be done in 
          consultation with local and national telecommunications 
          providers, including telecommunications service and equipment 
          providers.
              ``(3) Results of evaluation.--If the evaluation reveals an 
          anticipated need in the next 15 years for broadband conduit 
          beneath hard surfaces to be constructed by the project, the 
          conduit shall be installed under the hard surfaces as part of 
          the 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--
              ``(1) an appropriate number of broadband conduits, as 
          determined by the Administrator of the National 
          Telecommunications and Information Administration, are 
          installed along such highway to accommodate multiple broadband 
          providers, with consideration given to the availability of 
          existing conduits;
              ``(2) the size of each such conduit is consistent with 
          industry best practices and is sufficient to accommodate 
          potential demand, as determined by the Administrator; and
              ``(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 
          Administrator.
      ``(c) Standards.--The Secretary, in consultation with the 
  Administrator, shall establish standards, consistent with applicable 
  requirements in section 156 of this title, section 1.23, part 645, and 
  part 710 of title 23, Code of Federal Regulations, and the Approved 
  Utility Accommodation Manual, to carry out subsection (b) that 
  consider--
              ``(1) the ability to accommodate broadband installation 
          without impacting the safety, operations, and maintenance of 
          the highway facility, its users, or others;
              ``(2) population density in the area of a covered highway 
          construction project;
              ``(3) the type of highway involved in such project; and
              ``(4) existing broadband access in the area of such 
          project.
      ``(d) Pull Tape.--The Secretary shall ensure that each broadband 
  conduit 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 
  broadband conduit 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) Access.--The Secretary shall ensure that any requesting 
  broadband provider has access to each broadband conduit installed 
  pursuant to this section, on a competitively neutral and 
  nondiscriminatory basis, for a charge not to exceed a cost-based rate.
      ``(g) Waiver Authority.--The Secretary may waive the application of 
  this section if the Secretary determines that the waiver is appropriate 
  with respect to a covered highway construction project based upon--
              ``(1) a showing of undue burden;
              ``(2) a determination that the installation of broadband 
          conduit beneath hard surfaces to be constructed as part of a 
          covered highway construction project is not necessary based on 
          the availability of existing broadband infrastructure;
              ``(3) a cost-benefit analysis; or
              ``(4) the consideration of other relevant factors.
      ``(h) Coordination With FCC.--In carrying out this section, the 
  Secretary and the Administrator shall coordinate with the Federal 
  Communications Commission, including in making determinations with 
  respect to an appropriate number of broadband conduits under subsection 
  (b)(1), potential demand under subsection (b)(2), and existing 
  broadband access under subsection (c).
      ``(i) Publication of Conduit Availability.--Not later than 1 year 
  after the date of enactment of this section, the Secretary shall 
  provide information to the Federal Communications Commission and the 
  Administrator for inclusion within the National Broadband Map.
      ``(j) Definitions.--In this section, the following definitions 
  apply:
              ``(1) Administrator.--The term `Administrator' means the 
          Administrator of the National Telecommunications and 
          Information Administration.
              ``(2) 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.
              ``(3) Broadband conduit.--The term `broadband conduit' 
          means a conduit for fiber optic cables that support broadband 
          or, where appropriate, wireless facilities for broadband 
          service.
              ``(4) 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 
          paved shoulder for an existing highway that is commenced after 
          the date of enactment of this section and that receives funding 
          under this title.
              ``(5) Hard surfaces.--The term `hard surfaces' means 
          asphalt and concrete pavement, curb and gutter, and 
          sidewalk.''.
      (b) Clerical Amendment.--The analysis for chapter 3 of title 23, 
  United States Code, is amended by adding at the end the following:
  
  ``330. Inclusion of broadband conduit installation in certain highway 
                              construction projects.''.
target: Broadband Conduit Deployment Act of 2015 This bill directs the Department of Transportation (DOT) to require states to evaluate the need for broadband conduit (fiber optic cables that support broadband or wireless facilities for broadband service) as part of any covered highway construction project (a project to construct a new highway or an additional lane or paved shoulder for an existing highway that receives funding under federal-aid highway provisions), in consultation with telecommunications providers. If the evaluation reveals a need in the next 15 years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed. DOT shall establish standards to carry out installation requirements that consider:  the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others;   population density in the area;   the type of highway involved; and   existing broadband access in the area.   DOT shall ensure that:  an appropriate number of broadband conduits are installed along such highway to accommodate multiple broadband providers,   the size of conduit is consistent with industry best practices and sufficient to accommodate potential demand,  hand holes and manholes for fiber access and pulling such conduit are placed at intervals consistent with industry best practices,  installed conduit includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, installed conduit is placed at a depth consistent with industry best practices and cable separation requirements of electrical codes, and  any requesting broadband provider has access to each broadband conduit installed on a competitively neutral and nondiscriminatory basis for a charge not to exceed a cost-based rate.  DOT may waive the requirements of this Act upon determining that the waiver is appropriate based upon:   a showing of undue burden,  a determination that the installation of conduit beneath hard surfaces is not necessary based on the availability of existing broadband infrastructure, or   a cost-benefit analysis.  
feat_title: Broadband Conduit Deployment Act of 2015