S.Amdt. 2342

SA 2342. Mr. KELLY (for himself and Mr. Daines) submitted an
amendment intended to be proposed to amendment SA 2137 proposed by Mr.
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr.
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr.
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for
Federal-aid highways, highway safety programs, and transit programs,
and for other purposes; which was ordered to lie on the table; as
follows:

[[Page S5743]]

At the appropriate place, insert the following:

SEC. __. ACCELERATING RURAL BROADBAND DEPLOYMENT ACT.

(a) Short Title.--This section may be cited as the
``Accelerating Rural Broadband Deployment Act''.
(b) Access to Federal Rights-of-way for Build Out of
Broadband Service.--
(1) Definitions.--In this subsection:
(A) Broadband service.--The term ``broadband service''
means--
(i) any service that has the capacity to transmit data to
enable users or devices to originate and receive high-quality
voice, data, graphics, and video;
(ii) any service by wire or radio that provides the
capability to transmit data to, and receive data from, all or
substantially all internet endpoints--

(I) including any capabilities that are incidental to, and
enable the operation of, the service; and
(II) excluding dial-up internet access service; or

(iii) any service that is the functional equivalent of a
service described in clause (i) or (ii).
(B) Executive agency.--The term ``Executive agency''--
(i) has the meaning given the term in section 105 of title
5, United States Code; and
(ii) does not include the Department of Defense, except for
the Army Corps of Engineers.
(C) Right-of-way owned by the federal government.--The term
``right-of-way owned by the Federal Government'' means a
right-of-way held by a Federal agency across land owned by
another person or entity.
(2) Access.--
(A) In general.--If an Executive agency, a State, a
political subdivision or agency of a State, an Indian tribal
government, or a person, firm, or organization requests
access to a right-of-way owned by the Federal Government, or
an instrumentality thereof, or to a structure owned by the
Federal Government, or an instrumentality thereof, in any
right-of-way, in order to place, construct, modify, or
operate facilities for the provision of broadband service,
the Executive agency having control of the right-of-way or
structure in the right-of-way may grant to the applicant, on
behalf of the Federal Government, a license of occupancy
authorizing the deployment of all equipment required to
deploy broadband service.
(B) Duration.-- A license of occupancy issued under this
subsection shall be issued with a duration of not less than
30 years and may be renewed for additional periods of like
duration.
(C) Application fee.--Each Executive agency shall establish
an application fee to be paid upon submission of a request
for access under subparagraph (A).
(D) License fee.--
(i) In general.--Subject to clause (ii), each Executive
agency shall establish an annual license fee for a license of
occupancy issued under this paragraph.
(ii) Fee calculation.--The fee established under clause (i)
shall be--

(I) not more than the costs of the Executive agency
directly related to processing a license of occupancy
application and maintaining or managing the right-of-way or
an occupied structure in the right-of-way; and
(II) objectively reasonable.

(iii) Adjustments.-- An annual license fee established
under this subparagraph may be adjusted, not more frequently
than once every 6 years, to reflect changes in the costs of
the Executive agency, as calculated in accordance with clause
(ii), upon renewal of such license.
(E) Consultations.--
(i) Federal owned land.--In the case of a Federal
Government-owned right-of-way or structure located in a
right-of-way located on Federal land, the Executive agency
having control of the right-of-way or structure shall consult
with the owner of the Federal land on whether to approve a
request for a license under this paragraph.
(ii) Tribal land.--In the case of a Federal Government-
owned right-of-way or structure located in a right-of-way
located on Tribal land or held by the Federal Government for
the benefit of an Indian Tribe, the Executive agency having
control of the right-of-way or structure shall consult and
receive consent from the Indian Tribe, as otherwise required
by law, before determining whether to approve a request for a
license under this paragraph.
(F) Automatic denial.--In the case of a request for access
under subparagraph (A) by a person, firm, or organization,
the Executive agency having control of the right-of-way shall
deny the request if the person, firm, or organization is
determined by the head of the Executive agency to--
(i) be a risk to national security under the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C. 1601
et seq.); or
(ii) otherwise pose a threat to national security.
(G) Rule of construction.--Nothing in this subsection shall
be construed to exempt an Executive agency from the
requirements of division A of subtitle III of title 54,
United States Code, or the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(3) Timely consideration of applications.--
(A) In general.--Not later than 180 days after the date on
which an Executive agency receives a completed application
under paragraph (2), the Executive agency shall--
(i) on behalf of the Federal Government, grant the
application, grant the application subject to conditions, or
deny the application; and
(ii) notify the applicant of the decision of the Executive
agency under clause (i).
(B) Explanation of denial.--If an Executive agency denies
an application under this subsection, the Executive agency
shall notify the applicant in writing of such denial, which
shall--
(i) be supported by substantial evidence contained in a
written record; and
(ii) include a clear statement of the reasons for the
denial.
(C) Public release of record.--The written record described
in subparagraph (B)(i) shall be made available to the
public--
(i) on the date on which the written notification is
provided to the applicant under subparagraph (B); and
(ii) in a manner consistent with section 552 of title 5,
United States Code (commonly known as the ``Freedom of
Information Act'') and other related provisions of law.
(D) Automatic grant of request.--If an Executive agency
fails to act on a request received under paragraph (2) by the
end of the 180-day period described in subparagraph (A), the
application shall be considered granted.
(4) Requirement.--Any regulation issued by an Executive
agency governing management of access to a Federal right-of-
way or Federal structure in a right-of-way under this section
shall--
(A) be competitively and technologically neutral; and
(B) apply to all providers of broadband service on a
competitively neutral and nondiscriminatory basis.
(5) Executive agency website requirements.--The head of
each Executive agency shall make publicly available on the
website of the Executive agency, in a manner that is
consistent with subchapter I of chapter 35 of title 44,
United States Code, the following:
(A) The name or unique identifier of each entity submitting
an application under paragraph (2) with respect to which the
Executive agency is the Executive agency having control over
the applicable right-of-way or structure in the right-of-way.
(B) The date on which each application described in
subparagraph (A) was submitted to the Executive agency.
(C) The status of each application described in
subparagraph (A), including--
(i) if the application has been granted, any accompanying
information, including the period during which the applicant
will have access to the applicable right-of-way or structure;
(ii) if the application has been granted subject to
conditions, any accompanying information, including the
conditions that the applicant is required to satisfy in order
for the Executive agency to grant the application; and
(iii) if the application has been denied, the written
record and statement required under paragraph (3)(B).
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