HR6046-119

What This Bill Does

This bill adds a new Communications Act section governing broadband and telecommunications facilities where public rights-of-way intersect railroad corridors or where providers need to use railroad rights-of-way. If a state or local government has already authorized a provider to place or modify facilities in a public right-of-way and the work intersects a railroad corridor, the provider must notify the railroad carrier but does not need a separate railroad application. The notice must identify the location, start date, work duration, entry and exit points, and contact information. Work generally must start no earlier than 15 days and no later than 30 days after notice unless the parties agree otherwise. The provider does not owe the railroad payment for state or local authorized public-right-of-way work.

For work in railroad rights-of-way, providers must submit an application with design, construction, bore plans if applicable, location, schedule, duration, entry and exit points, and contact information. Railroads must approve or deny complete applications within 60 days and may deny only if the work would substantially interfere with or damage railroad infrastructure or jeopardize passenger or employee safety. Denials must explain the reason. After approval, work must start within 30 days or another agreed or application-specified date. Provider compensation to railroads is limited to actual costs reasonably and directly incurred, including safety-related placement or modification costs.

Both railroads and providers may petition the FCC for relief over compensation, obstruction, delay, or noncompliance. The FCC is the sole federal agency for petitions, may use experts, must coordinate with FRA and the Surface Transportation Board on railroad-safety matters, and generally must issue final orders within 90 days. Railroads must take protective measures and perform work providers are barred from doing for safety reasons. Providers need not obtain additional insurance, must implement allowed work, and must comply with federal railroad-safety law and FCC-specified industry standards. FCC regulations are due within one year and must address safety, emergency work, closed or abandoned crossings, denial standards, actual-cost standards, petition procedures, expert reimbursement, work-location limits, and definitions.

Who Benefits and How

Telecommunications providers benefit because public-right-of-way projects crossing railroad corridors can proceed by notice instead of a separate railroad application. Broadband providers benefit from 60-day railroad application deadlines, actual-cost fee limits, and FCC relief if a railroad obstructs or delays work. Rural and underserved broadband consumers benefit if the rules reduce delays in network deployment near rail corridors. State and local governments benefit because their public-right-of-way authorizations carry more weight at railroad intersections. FCC staff benefit from clear jurisdiction to resolve disputes and issue implementation rules.

Who Bears the Burden and How

Railroad carriers must process applications within 60 days, justify denials, coordinate schedules, limit compensation to actual costs, and perform safety-protective work they require. FCC staff must adjudicate petitions, employ experts when needed, coordinate with FRA and the Surface Transportation Board, and issue rules within one year. Providers must submit detailed notices or applications, coordinate work dates, comply with railroad-safety laws and industry standards, and reimburse actual safety-related costs. FRA staff and Surface Transportation Board staff must coordinate with FCC on safety findings and rulemaking. Railroads may lose revenue from fees above actual costs for covered work.

Key Provisions

• Provides notice-only treatment for state or local authorized public-right-of-way broadband work intersecting railroad corridors.
• Requires railroad-right-of-way applications to be approved or denied within 60 days.
• Limits railroad denials to infrastructure interference, infrastructure damage, or passenger or employee safety risks.
• Limits provider payments to actual costs reasonably and directly incurred by railroads.
• Provides FCC petition jurisdiction for railroad and provider disputes and requires final FCC orders generally within 90 days.
• Requires FCC coordination with FRA and the Surface Transportation Board on railroad-safety matters.
• Requires FCC rulemaking within one year on safety, emergency work, closed crossings, denial standards, actual costs, petition procedures, and work limits.