NASHVILLE, Tenn. – U.S. Senators Marsha Blackburn (R-Tenn.) and Ben Ray Luján (D-N.M.) introduced the bipartisan Broadband and Telecommunications RAIL Act that would streamline the process to deploy telecommunications and broadband equipment in public and railroad rights-of-way. Rights-of-way are the corridors alongside public roads and railroad tracks where utilities can install infrastructure.

“Access to reliable, high-speed telecommunications and broadband is a necessity for working families, schools, and businesses,” said Senator Blackburn. “The Broadband and Telecommunications RAIL Act would cut red tape to streamline the installation of telecommunications and broadband equipment in public and railroad rights-of-way, expanding essential connectivity for rural communities in Tennessee and across America. 

“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,” said Senator Luján, Ranking Member of Commerce Subcommittee on Telecommunications and Media. “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.”

BACKGROUND

• 22.3 percent of Americans living in rural areas lack broadband coverage, compared to only 1.5 percent of Americans who live in urban areas.

• Getting permission to install broadband near railroads can be slow, inconsistent, and expensive. This causes delays in expanding telecommunications and broadband access, especially in rural communities that need it most.

THE BROADBAND AND TELECOMMUNICATIONS RAIL ACT

• The Broadband and Telecommunications RAIL Act would streamline the deployment of telecommunications and broadband equipment in public and railroad rights-of-way by establishing two separate processes:

• Notification: In public rights-of-way, broadband providers will work with the state or locality to determine the scope of work they are authorized to perform. The broadband provider will then notify the rail carrier and schedule the work to be performed. This bill sets strict timelines for the work to be performed. 

• Application: Broadband providers have to request permission 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 specific requirements related to safety, damage, or prohibiting the operations of the rail carrier. Similarly, the bill establishes timelines by which the railroad must respond and schedule the work.

Click here for bill text.

ENDORSEMENTS

The Broadband and Telecommunications RAIL Act is endorsed by INCOMPAS, NCTA, CTIA, USTelecom, the Competitive Carriers Association, the Wireless Infrastructure Association, and theFiber Broadband Association.

"Today's introduction of the Broadband and Telecommunications RAIL Act marks a critical step toward solving a problem INCOMPAS members face daily: unreasonable railroad crossing delays and costs. We've seen permits languish for nearly 20 months without response, only for providers to be hit with fees exceeding $40,000 for a single crossing. This bipartisan, bicameral legislation finally establishes clear timelines, fair compensation rules, and meaningful dispute-resolution processes that will end these costly delays and put a stop to modern-day railroad robbery while maintaining strong rail safety standards," said Chip Pickering, CEO of INCOMPAS.

“We applaud Senators Blackburn and Luján for introducing the RAIL Act to address the barriers that have long slowed broadband deployment across railroad infrastructure. As government and industry share a commitment to bring high-speed, reliable internet connectivity to every American, this legislation will help streamline and accelerate that work, especially in rural communities. We look forward to continued collaboration with the bill’s sponsors as this important effort moves forward,” said NCTA, The Internet & Television Association.

“We appreciate the leadership of Senators Blackburn and Luján in promoting efficient wireless deployment within public and railroad rights-of-way. We look forward to continuing to work with policymakers as this bill progresses through the legislative process,” said Kelly Cole, Senior Vice President, Government Affairs at CTIA.

“If our permitting is stuck in the past, our networks will be too. The Broadband and Telecommunications RAIL Act, introduced by Senators Blackburn and Luján with Representatives Joyce and Landsman, is a big step in the right direction. It addresses many of the challenges broadband providers face when attempting to access railroad rights of ways and establishes a process that will ensure Americans are connected to fast, reliable broadband, said Brandon Heiner, Vice President of Government Affairs at USTelecom. 

“CCA commends the introduction of the Broadband and Telecommunications RAIL Act to help remove barriers to broadband deployment. Excessive delays, arbitrary fees, and increased costs surrounding broadband deployments around and across rail lines have long presented significant obstacles for CCA members working to close the digital divide in rural and underserved areas. The RAIL Act brings greater certainty to an otherwise inconsistent process, providing needed reforms to cut through challenges that frustrate the building, expansion, and maintenance of America’s mobile and fixed broadband networks. CCA urges Congress to move this important legislation forward,” said Tim Donovan, President and CEO of the Competitive Carriers Association.

“The Wireless Infrastructure Association commends Senators Lujan and Blackburn for introducing the RAIL Act. Achieving universal connectivity requires that every element of the broadband infrastructure permitting process be predictable, proportionate, and transparent; historically, siting along rail corridors has lacked these qualities. This bipartisan, common-sense legislation provides a clear and consistent framework for all stakeholders, addressing a longstanding challenge in infrastructure deployment. We fully support the RAIL Act,” said Mike Saperstein, Senior Vice President of Government Affairs and Chief Strategy Officer at the Wireless Infrastructure Association.

“The Fiber Broadband Association thanks Senators Marsha Blackburn and Ben Ray Luján and U.S. Representatives John Joyce and Greg Landsman for their leadership in supporting reliable broadband connectivity through the Broadband and Telecommunications RAIL Act. Streamlining access to railroad rights-of-way is a critical step toward expanding high-speed internet across the country. We look forward to working with Sen. Blackburn, Sen. Lujan, Rep. Joyce, Rep. Landsman and members of Congress on both sides of the aisle as this legislation develops and advances,” said Gary Bolton, President & CEO of the Fiber Broadband Association.

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