H.R. 6046: Broadband and Telecommunications RAIL Act

Broadband and Telecommunications RAIL Act

This bill establishes a framework for the placement or modification of broadband or telecommunications equipment in a railroad corridor.

Specifically, if a broadband or telecommunications provider is seeking to place or modify equipment within a railroad carrier’s right-of-way, the provider must submit an application to the carrier. A carrier must approve or deny an application within 60 days of receipt, and may only deny an application for safety reasons or if the placement or modification would substantially interfere with or damage railroad infrastructure. Once an application is approved, work must be scheduled in coordination with the carrier and generally must begin within 30 days. A provider must pay the railroad carrier for actual costs incurred with respect to the application.

However, if a provider has been authorized by a state or local government to place or modify equipment in a public right-of-way in an area that intersects with a railroad corridor, the provider need only notify the relevant railroad carrier and schedule the work in coordination with the carrier. Work must generally begin between 15 and 30 days after the notification is submitted. No fee is required.

A provider or carrier may petition the Federal Communications Commission (FCC) for relief if the other has failed to comply with these provisions.

The FCC must promulgate regulations to implement these provisions in a manner that ensures railroad safety, provides a timelier process for emergency situations, and prevents substantial interference with railroad infrastructure or operations, among other requirements.