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Bipartisan RAIL Act aims to simplify broadband use of rail rights-of-way

The bipartisan Broadband and Telecommunications RAIL Act — which was introduced November 21 by U.S. Senators Marsha Blackburn (R-Tennessee) and Ben Ray Luján (D-New Mexico) — would make it easier to deploy telecom and broadband gear in public and private railroad rights-of-way, according to Blackburn’s office.

The RAIL Act press release said far more Americans in rural areas (22.3%) lack broadband than those in urban areas (1.5%) and that the permission structure to install equipment near railroads can be slow, inconsistent, and expensive.

If enacted, the Broadband and Telecommunications RAIL Act would address the problem in two ways:  

Notification: Broadband providers will work with the state or locality to determine the scope of work they are authorized to perform. The broadband then will notify the rail carrier to schedule the work. This bill sets strict timelines for the work. 

Application: Broadband providers request permission from a railroad carrier before putting their equipment in railroad carrier owned rights-of-way. Under this bill, the rail carrier may only deny the request if the application fails to meet requirements related to safety, damage, or prohibiting the operations of the rail carrier. The RAIL Act establishes timelines by which the railroad must respond and schedule the work.

“I’m proud to introduce legislation that will make it easier to expand broadband in rural and Tribal communities across New Mexico. Expanding broadband access strengthens local economies and opens the door to better education, job opportunities, and health care,” Senator Luján, the ranking member of U.S. Commerce Subcommittee on Telecommunications and Media, said in a press release. 

“With nearly 2,000 miles of freight rail across our state, this bill streamlines broadband construction along rail corridors to help connect regions that have long been underserved.”

The RAIL Act is not the only action taken by Congress to promote broadband. This week, the House of Representatives Subcommittee on Communications and Technology marked up bills designed to streamline the permitting process for broadband and other telecom-related projects.

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