Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§1504 Broadband Infrastructure Deployment

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

Last updated Apr 5, 2026|Official source

Summary

Requires the Transportation Secretary to make rules so every State that gets money under chapter 1 of title 23 must take steps to help put broadband into highway and public right-of-way projects. Key terms: "appropriate State agency" = a state agency with experience in broadband projects; "broadband infrastructure" = buried, underground, aerial, wireless, or wireline facilities that carry voice, video, data, or graphics; "broadband infrastructure entity" = an organization that installs, owns, or runs that infrastructure and provides service as the State decides; "State" = a State, the District of Columbia, or Puerto Rico. Under the rules, the State department of transportation, working with those agencies, must name a broadband utility coordinator, set up a registration process for broadband providers, send annual electronic notice about the State transportation improvement program (and other notices when needed), and coordinate with statewide telecom, broadband, transportation, and land-use plans to avoid repeated digging. If a State chooses to allow broadband work in a Federal-aid highway right-of-way, the State DOT must act so existing broadband providers are not treated worse than others. The rules only apply to federal obligations or spending first approved on or after the date the rules take effect. States are not forced to allow broadband in rights-of-way, and the Secretary cannot withhold or reserve title 23 funds or project approvals over these rules.

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 5, 2026

Release point: 119-73not60