Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73

§1504 Broadband infrastructure deployment

Title 47 › Chapter CHAPTER 14— - MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE AND NEEDLESS OBSTACLES TO WIRELESS › § 1504

Last updated Apr 6, 2026|Official source

Summary

Requires the Secretary of Transportation to make rules so each State that gets money under chapter 1 of title 23 follows steps to help install broadband alongside highway projects that start after the rules take effect. The State department of transportation, working with other State agencies, must pick a broadband utility coordinator, set up a way for broadband companies to register, send those companies an annual electronic notice about the State transportation improvement program and extra notices when needed, and coordinate these efforts with statewide telecom, transportation, and land-use plans to reduce repeated digging. If a State allows broadband work in a federal-aid highway right-of-way, the State must not treat existing broadband companies worse than others. Appropriate State agency — a State agency recognized by the State’s executive branch to handle broadband projects. Broadband infrastructure — buried, underground, aerial, wired, or wireless facilities or connections that carry voice, video, data, or graphics. Broadband infrastructure entity — an entity that installs, owns, or operates such infrastructure and provides broadband service as the State requires. State — a State, the District of Columbia, and Puerto Rico. This only applies to projects approved on or after the rules take effect. It does not force a State to allow broadband in a highway right-of-way and does not let the Secretary withhold or reserve title 23 funds or approvals.

Full Legal Text

Title 47, §1504

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)In this section:
(1)The term “appropriate State agency” means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of broadband infrastructure.
(2)The term “broadband infrastructure” means any buried, underground, or aerial facility, and any wireless or wireline connection, that enables users to send and receive voice, video, data, graphics, or any combination thereof.
(3)The term “broadband infrastructure entity” means any entity that—
(A)installs, owns, or operates broadband infrastructure; and
(B)provides broadband services in a manner consistent with the public interest, convenience, and necessity, as determined by the State.
(4)The term “State” means—
(A)a State;
(B)the District of Columbia; and
(C)the Commonwealth of Puerto Rico.
(b)To facilitate the installation of broadband infrastructure, the Secretary of Transportation shall promulgate regulations to ensure that each State that receives funds under chapter 1 of title 23 meets the following requirements:
(1)The State department of transportation, in consultation with appropriate State agencies, shall—
(A)identify a broadband utility coordinator, that may have additional responsibilities, whether in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State;
(B)establish a process for the registration of broadband infrastructure entities that seek to be included in those broadband infrastructure right-of-way facilitation efforts within the State;
(C)establish a process to electronically notify broadband infrastructure entities identified under subparagraph (B) of the State transportation improvement program on an annual basis and provide additional notifications as necessary to achieve the goals of this section; and
(D)coordinate initiatives carried out under this section with other statewide telecommunication and broadband plans and State and local transportation and land use plans, including strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way.
(2)If a State chooses to provide for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway project under this subsection, the State department of transportation shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged, as compared to other broadband infrastructure entities, with respect to the program under this subsection.
(c)This section applies only to activities for which Federal obligations or expenditures are initially approved on or after the date regulations under subsection (b) become effective. Nothing in this section establishes a mandate or requirement that a State install or allow the installation of broadband infrastructure in a highway right-of-way. Nothing in this section authorizes the Secretary of Transportation to withhold or reserve funds or approval of a project under title 23.

Reference

Citations & Metadata

Citation

47 U.S.C. § 1504

Title 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 6, 2026

Release point: 119-73