PRINTER'S NO. 1504

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1140

Session of

2024

INTRODUCED BY COLEMAN, PHILLIPS-HILL, DUSH, CULVER, BREWSTER AND

ROTHMAN, APRIL 5, 2024

REFERRED TO COMMUNICATIONS AND TECHNOLOGY, APRIL 5, 2024

Section 1. Title 66 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 2710. Fiber optic broadband line railroad crossing.

(a) Crossing.--If a broadband service provider deems it

necessary in the construction of a broadband system to cross the

works of a railroad company, including the railroad company's

tracks, bridges, facilities and all railroad company rights-of-

way or easements, the broadband service provider shall submit an

application for the crossing to the commission.

(b) Application and review.--

and may request additional information or clarification from

the broadband service provider within 15 days from receipt of

the application. If additional information or clarification

is requested under this paragraph, the broadband service

provider shall respond within 10 days from the receipt of the

request.

service provider's crossing application within 35 days after

the application is received unless the railroad company

impair, impede or obstruct, in any material degree, the works

and operations of the railroad to be crossed.

fixtures.

methods and regulations to prevent damage to the works of the

railroad and ensure the safety of its passengers.

(d) Schedule.--The railroad company and the broadband

service provider shall coordinate to schedule the crossing date,

which shall be within 30 days of receipt of the licensing fee by

the railroad, or a later date as indicated in the application or

infrastructure. The railroad company shall be responsible for

flagging operations and other protective measures that the

railroad company deems appropriate during the actual

construction of fiber optic broadband lines. The broadband

service provider shall be responsible for ensuring that the

crossing is constructed and operated in accordance with accepted

industry standards, including standards established by the 2017

National Electrical Safety Code, good utility practice and

industry-standard joint use processes of electric utilities.

(f) Cost.--The cost of a crossing shall be borne by the

crossing of the railroad company's works a license fee to be

determined by the broadband service provider and railroad

company. The following shall apply:

railroad company for direct expenses in addition to the

license fee.

documentation and other direct evidence of the direct

expenses incurred to qualify for reimbursement.

(g) Relief.--If the railroad company asserts any of the

following, the railroad company may petition the commission for

likelihood of danger to public health or safety.

(h) Commission action.--The commission may make any

necessary findings of fact, the existence of undue hardship on

the railroad company or the imminent likelihood of danger to

public health or safety, as well as any relief to be granted,

including any amount to which the railroad company is entitled.

The broadband service provider may petition the commission for

relief if the railroad company does not comply with this section

or has otherwise wrongfully rejected or delayed its application.

The commission may, in its discretion, employ expert engineers,

descriptions of appliances and the methods proposed to be

employed;

modifications that the railroad company desires to offer; and

rejecting, approving or modifying the plans and

specifications.

(i) Adjudication.--The commission shall adjudicate any

petition by the railroad company or broadband service provider

and issue a final order within 90 days of the petition's initial

filing. The commission shall have sole jurisdiction to hear and

manages any real property not owned by the Commonwealth that is

crossed by a railroad. Notwithstanding the provisions of

subsection (f), in no case shall a broadband service provider be

required to pay a license fee for the right to make a crossing

of the railroad company's works within a public right-of-way.

(k) Insurance.--The broadband service provider shall

maintain a commercial general liability insurance policy or

railroad protective liability insurance policy that:

right-of-way;

construction is actually occurring.

(l) Applicability.--Notwithstanding any other provision of

law, this section shall apply and shall be liberally construed

in favor of broadband expansion.

(m) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Actual flagging expenses." Pass-through expenses directly

attributable to the cost of maintaining flaggers at the point of

the crossing during the period of time construction is actually

occurring which do not exceed the expense incurred by the

site.

specifications and for entering a crossing on the railroad's

books, maps and property records and other reasonable

administrative and engineering costs incurred as a result of

the crossing.

crossing and any engineering specifications related to the

crossing.

of one or more thin flexible fibers with a glass core through

which light signals can transmit data as pulses, a coaxial cable

or other wireline system of technology used for broadband

distribution or the middle-mile infrastructure to Internet

service providers.

"License fee." The fee to be paid by the broadband service

provider to the railroad company for the crossing, including all

occupancy or real property rights.

"Railroad company." The term includes any company, trustee

or other person that owns, leases or operates a railroad or owns

or leases the land upon which a railroad is operated and any