Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§1504 Broadband Infrastructure Deployment

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Transportation must write rules so States that get certain federal highway money follow steps to help put in broadband. Key terms: “appropriate State agency” is a state agency with broadband experience; “broadband infrastructure” means buried, underground, aerial, wireless, or wired facilities that carry voice, video, or data; “broadband infrastructure entity” is an organization that installs, owns, or runs broadband and provides service in the public interest; “State” means a State, the District of Columbia, or Puerto Rico. Under the rules, each State transportation department must name a broadband utility coordinator, make a way for broadband providers to register, notify those providers about the State transportation improvement program at least once a year (and more often if needed), and coordinate with other state and local telecom, transportation, and land-use plans to avoid repeated digging. If a State allows broadband work in a highway right-of-way, it must not disadvantage existing providers. The rules apply only to projects first approved after the rules take effect. States are not forced to allow broadband in rights-of-way, and the Secretary may not withhold or reserve highway funds or approvals under title 23.

Full Legal Text

Title 47, §1504

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

(a)Definitions
In this section: (1) Appropriate State agency
(2)Broadband infrastructure
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)Broadband infrastructure entity
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)State
The term “State” means—
(A)a State;
(B)the District of Columbia; and
(C)the Commonwealth of Puerto Rico.
(b)Broadband infrastructure deployment
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)Broadband consultation
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)Priority
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)Effect of section
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 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110