H.R. 6046

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6046 Introduced in House (IH)]

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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.''.
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