Broadband and Telecommunications RAIL Act
Sponsored By: Senator Sen. Blackburn, Marsha [R-TN]
Introduced
Summary
Streamlined deployment of broadband and telecommunications facilities in railroad rights-of-way. This bill would set clear notice and application rules, fixed response and start-time deadlines, and limits on charges when placing or modifying facilities along or across railroad corridors.
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- Providers: Providers could install facilities where public rights-of-way intersect railroad corridors after a written notification instead of a separate application. Work could begin no earlier than 15 days after notice and no later than 30 days after notice unless both sides agree, and providers cannot be forced to buy extra insurance.
- Railroad carriers: Railroad carriers would have to approve or deny complete applications for work inside railroad rights-of-way within 60 days. Denials would be limited to cases that cause substantial interference or safety risks, and compensation to carriers would be limited to actual costs directly incurred.
- Regulators and safety oversight: Either party could petition the Federal Communications Commission for relief and the FCC would have exclusive authority to resolve disputes with final orders generally within 90 days. The FCC must issue implementing rules within 1 year, coordinate with the Federal Railroad Administration, and enter a memorandum of understanding on safety within 60 days.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Railroad right-of-way application rules
If enacted, the bill would require a provider to file a written application to place or modify equipment inside a railroad right-of-way. The application would need engineering plans, location, start date, duration, entry and exit points, and contact information. The railroad must approve or deny a complete application within 60 days and may only deny if the work would substantially interfere with infrastructure or jeopardize safety, explaining each reason. Compensation to the railroad would be limited to the actual costs it reasonably and directly incurs. Railroads could not force providers to buy extra insurance, and construction must begin within 30 days after approval unless both sides agree. Railroads must also take protective steps or do work a provider is prohibited from doing for safety reasons.
FCC rules, petitions, and key definitions
If enacted, the bill would let railroads and providers ask the FCC to resolve disputes over denials, delays, or compensation. The FCC would be the sole Federal agency for these petitions and generally must issue a final order within 90 days. The FCC could use technical experts and require cost reimbursement or deposits. The FCC would have to make implementing rules within one year and sign a coordination agreement with the Federal Railroad Administration within 60 days. The bill would also define key terms, including "broadband service," "provider," "railroad carrier," and what counts as a public right-of-way for these rules.
State/local notice and no railroad fee
If enacted, the bill would let a provider with State or local permission to place broadband where a public road crosses a railroad send a written notice to the railroad instead of filing a full railroad application. The notice must list location, proposed start date, how long work will take, entry and exit points, and provider contact information. Work could not start earlier than 15 days and must start no later than 30 days after the notice unless both sides agree. The bill would bar railroads from charging providers for those State-or-local authorized placements but would not change any fees the State or local government charges.
No change to union labor agreements
If enacted, the bill would say that nothing in this section or its rules can create, end, or change any agreement covered by the Railway Labor Act between a railroad and its union.
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Sponsors & CoSponsors
Sponsor
Sen. Blackburn, Marsha [R-TN]
TN • R
Cosponsors
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 11/20/2025
Roll Call Votes
No roll call votes available for this bill.
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