H.R. 6046 — Broadband and Telecommunications RAIL Act

This section establishes procedures under the Communications Act of 1934 for providers to place or modify telecommunications or broadband service facilities in public rights-of-way intersecting railroad corridors and in railroad rights-of-way. Specifically, it (1) requires a provider authorized by a state or local government to place or modify facilities in such a public right-of-way to notify the relevant railroad carrier at least 15 days before commencing work (including location, proposed start date, duration, entry/exit points, and contact information), coordinate a mutually agreed start date not later than 30 days after notification, and prohibits any payment requirement to the railroad carrier; (2) requires a provider seeking to place or modify facilities in a railroad right-of-way to submit an application to the railroad carrier (including engineering/construction/bore plans, location, proposed start date, duration, entry/exit points, and contact information), mandates railroad carrier approval or denial within 60 days (denial permitted only for substantial infrastructure interference/damage or passenger/employee safety risks, with explanation), requires coordinated scheduling to commence not later than 30 days after approval, and requires the provider to pay the railroad carrier's actual reasonable direct costs (including those related to railroad safety); and (3) authorizes a railroad carrier to petition the Federal Communications Commission for relief from a provider's placement or modification in an intersecting public right-of-way or railroad right-of-way if the carrier asserts that, in the case of a notified public right-of-way project, the provider has sub—