S.Amdt. 2600

SA 2600. Mr. BLUMENTHAL (for himself and Mr. Wicker) 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,

[[Page S5976]]

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:

At the appropriate place in division F, insert the
following:

SEC. _____. REGULATION OF POLE ATTACHMENTS.

Section 224 of the Communications Act of 1934 (47 U.S.C.
224) is amended--
(1) in subsection (a), by adding at the end the following:
``(6) The term `broadband service' has the meaning given
the term `broadband internet access service' in section 8.1
of title 47, Code of Federal Regulations, or any successor
regulation.'';
(2) in subsection (b), by adding at the end the following:
``(3) Not later than 180 days after the date of enactment
of this paragraph, the Commission shall prescribe regulations
that--
``(A) include an expedited complaint and dispute resolution
process to resolve, in not more than 90 days, disagreements
involving access to poles for purposes of providing broadband
service, including pole replacements and the terms,
conditions, and charges for pole replacements;
``(B) provide that the pendency of an appeal from any
decision in favor of an attaching entity shall not prevent
the attaching entity from proceeding with any disputed
attachment; and
``(C) provide that the regulations prescribed under this
paragraph take precedence, when in conflict, over any
agreement between a utility and an attaching entity entered
into before the date on which the regulations are prescribed.
``(4) Not later than 180 days after the date of enactment
of this paragraph, the Commission shall prescribe regulations
to govern the charges for any pole attachments used by any
entity, in whole or in part, to provide broadband service
that--
``(A) ensure that a charge for the replacement of a pole
shall not be considered just and reasonable unless--
``(i) the responsibility of the attaching entity is limited
to compensating the utility for--
``(I) the remaining accounting value of the pole being
replaced;
``(II) any incremental costs from increasing the capacity
of the pole; and
``(III) any costs of advancing the replacement of the pole
by its remaining service life, as measured by the difference
between the age of the pole and the utility's average service
life for a pole; and
``(ii) any recovery by the utility of its share of such
costs through recurring rates excludes amounts recovered
through non-recurring charges to attaching entities permitted
under this subsection, including under clause (i), and
through depreciation; and
``(B) ensure that terms and conditions for pole
attachments--
``(i) require all work to facilitate replacement of a pole
under subsection (f)(2)(B) to be completed by the utility or
its designee not later than 90 days after the receipt by the
utility, from the attaching entity, of a complete application
and payment consistent with regulations implemented under
paragraph (3) of this subsection, unless the Commission finds
that unforeseeable exigent circumstances prevent completion
of complex make-ready projects within that period, in which
case the work shall be completed not later than 120 days
after the receipt of the complete application and payment;
``(ii) require a utility to designate contractors qualified
and authorized to safely perform replacement of a pole under
subsection (f)(2)(B) if the utility is unable to comply with
the deadline under clause (i) of this subparagraph;
``(iii) prohibit a utility from unreasonably withholding
consent to designate, in accordance with clause (ii),
contractors proposed by the attaching entity that are
qualified and authorized to safely perform replacement of a
pole under subsection (f)(2)(B); and
``(iv) provide that an attaching entity may--
``(I) engage and direct contractors that are qualified and
authorized to safely perform replacement of a pole under
subsection (f)(2)(B) designated by the utility to complete
any make-ready work if the utility is unable to complete the
work by the deadline under clause (i) of this subparagraph;
and
``(II) recover from the utility any costs related to work
completed under subclause (I) for which the utility is
responsible.''; and
(3) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2)(A) Notwithstanding paragraph (1), and subject to
subparagraph (B) of this paragraph, a utility providing
electric service may deny a cable television system or any
telecommunications carrier access to its poles, ducts,
conduits, or rights-of-way, on a non-discriminatory basis for
reasons of reasons of safety, reliability, and generally
applicable engineering purposes.
``(B) If a utility denies access to a cable television
system or telecommunications carrier under subparagraph (A),
upon the request of the cable television system or
telecommunications carrier, the utility shall on a
nondiscriminatory basis expand the capacity of, or replace,
any pole, duct, conduit, or right-of-way owned or controlled
by the utility to enable the requesting entity to provide
broadband service if the requesting entity agrees to pay a
proportionate share of the costs of the expansion or
replacement in accordance with the regulations prescribed by
the Commission under subsection (b)(4).''.
______