---
kind: "section"
citation: "47 U.S.C. § 1504"
title: "47"
title_heading: "Telecommunications"
number: "1504"
heading: "Broadband infrastructure deployment"
release: "119-102"
url: "https://uscodex.org/usc/47/1504"
units:
  - "Chapter 14 — Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless"
---

# §1504. Broadband infrastructure deployment

- (a) **Definitions—** In this section:
  - (1) **Appropriate State agency—** The term “appropriate State agency” means a [State](#a-4) governmental agency that is recognized by the executive branch of the [State](#a-4) as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of [broadband infrastructure](#a-2).
  - (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](#a-2); and
    - (B) provides broadband services in a manner consistent with the public interest, convenience, and necessity, as determined by the [State](#a-4).
  - (4) **State—** The term “State” means—
    - (A) a [State](#a-4);
    - (B) the District of Columbia; and
    - (C) the Commonwealth of Puerto Rico.
- (b) **Broadband infrastructure deployment—** To facilitate the installation of [broadband infrastructure](#a-2), the [Secretary](/usc/47/1501.md?p=6) of Transportation shall promulgate regulations to ensure that each [State](#a-4) that receives funds under [chapter 1](/usc/23/ch1.md) of title 23 meets the following requirements:
  - (1) **Broadband consultation—** The State department of transportation, in consultation with [appropriate State agencies](#a-1), shall—
    - (A) identify a broadband utility coordinator, that may have additional responsibilities, whether in the State department of transportation or in another [State](#a-4) agency, that is responsible for facilitating the [broadband infrastructure](#a-2) right-of-way efforts within the [State](#a-4);
    - (B) establish a process for the registration of [broadband infrastructure entities](#a-3) that seek to be included in those [broadband infrastructure](#a-2) right-of-way facilitation efforts within the [State](#a-4);
    - (C) establish a process to electronically notify [broadband infrastructure entities](#a-3) identified under [subparagraph (B)](#b-1-B) of the [State](#a-4) transportation improvement [program](/usc/47/1608.md?p=9) 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](#a-4) and local transportation and land use plans, including strategies to minimize repeated excavations that involve the installation of [broadband infrastructure](#a-2) in a right-of-way.
  - (2) **Priority—** If a [State](#a-4) chooses to provide for the installation of [broadband infrastructure](#a-2) 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](#a-3) are not disadvantaged, as compared to other [broadband infrastructure entities](#a-3), with respect to the [program](/usc/47/1608.md?p=9) 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)](#b) become effective. Nothing in this section establishes a mandate or requirement that a [State](#a-4) install or allow the installation of [broadband infrastructure](#a-2) in a highway right-of-way. Nothing in this section authorizes the [Secretary](/usc/47/1501.md?p=6) of Transportation to withhold or reserve funds or approval of a project under [title 23](/usc/23.md).

## Source credit

(Pub. L. 115–141, div. P, title VI, § 607, Mar. 23, 2018, 132 Stat. 1104.)