Broadband and Telecommunications RAIL Act

This bill amends the Communications Act of 1934 to streamline the process for telecommunications or broadband service providers to deploy facilities in public rights-of-way and railroad rights-of-way. It establishes notification and application procedures, limits railroad carrier denial reasons, sets compensation rules, and creates a petition process for disputes, with the Federal Communications Commission (FCC) as the sole adjudicator.

Sec. 2, Deployment in public rights-of-way and railroad rights-of-way: This section adds new rules for providers. If a state or local government has authorized a provider to place or modify a facility in a public right-of-way that intersects a railroad corridor, the provider must notify the railroad carrier in writing, but does not need to submit a separate application to the railroad. The provider cannot be required to pay the railroad carrier for such work. For placement or modification directly in a railroad right-of-way, the provider must submit a written application to the railroad carrier, who must approve or deny it within 60 days based only on whether the work would substantially interfere with railroad infrastructure or operations or jeopardize safety. The provider must pay the railroad carrier compensation equal to actual costs reasonably and directly incurred. Either party may petition the FCC for relief if the other fails to comply, and the FCC must issue a final order within 90 days. The FCC must also issue regulations within one year to implement these provisions, coordinate with the Federal Railroad Administration on safety, and enter into a memorandum of understanding with that agency within 60 days.