Six telecom and cable industry groups endorse the bipartisan Broadband and Telecommunications RAIL Act
Key Highlights
- The RAIL Act establishes a 30-day deadline for starting work after approval, reducing lengthy delays in broadband deployment.
- It creates separate processes for notification in public rights-of-way and application in railroad rights-of-way, clarifying approval procedures.
- The legislation ensures safety standards are maintained while streamlining permits, preventing arbitrary delays and excessive fees.
- Endorsed by industry groups like INCOMPAS, NCTA, CTIA, and USTelecom, highlighting broad support for infrastructure modernization.
- The bill aims to expand broadband access in rural areas, where 22.3% of Americans lack coverage, by making permitting faster and more predictable.
INCOMPAS, NCTA, CTIA, USTelecom, the Competitive Carriers Association, the Wireless Infrastructure Association, and the Fiber Broadband Association have all endorsed the Broadband and Telecommunications RAIL Act, a proposal that aims to streamline the process of deploying network facilities in public rights of way (RoW).
In November, U.S. Senators Ben Ray Luján (D-N.M.) and Marsha Blackburn (R-Tenn.) introduced the bipartisan Broadband and Telecommunications RAIL Act that would streamline the process to deploy telecom and broadband equipment in public and railroad rights-of-way.
The "Broadband and Telecommunications RAIL Act" (H.R.6046) is a recent U.S. bill aiming to streamline the process for deploying broadband and telecommunications facilities in public and railroad rights-of-way.
Its goal is to speed up broadband infrastructure projects by reforming permitting processes, setting a 30-day deadline for starting work after approval, and ensuring transparency in the application process. The act was passed by a subcommittee of the House Energy and Commerce Committee in November 2025.
“The RAIL Act offers the balanced, thoughtful solution that has been missing. By establishing reasonable timelines, transparent, cost-based compensation standards, and a clear dispute resolution process, the legislation ensures that broadband providers can deploy necessary infrastructure efficiently while maintaining the highest standards of railroad safety and operational integrity,” the six groups wrote in a letter to the U.S. House of Representatives’ Committee on Energy and Commerce. “The bill strikes the right balance between enabling broadband deployment and ensuring that rail carriers retain appropriate oversight of work conducted near their infrastructure.”
A consistent framework
With the Broadband and Telecommunications RAIL Act, the goal is to 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 if it would prohibit the rail carrier's operations. Similarly, the bill establishes timelines by which the railroad must respond and schedule the work.
Being able to obtain approvals to install network facilities in railroad crossings has long been the Achilles heel for broadband and business service providers.
Chip Pickering, CEO of INCOMPAS, cited how some of its members did not see long delays, but also had to pay heavy fees.
“We’ve seen permits languish for nearly 20 months without a response, only for providers to be hit with fees exceeding $40,000 for a single crossing,” he said in a release supporting the Rail Act. “This 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 the group of six advocacy organizations that wrote the letter to Congress supporting the Rail Act is keen on streamlining the rail crossing permitting process, they all agree that safety is a key priority.
“The bill strikes the right balance between enabling broadband deployment and ensuring that rail carriers retain appropriate oversight of work conducted near their infrastructure. Importantly, the Act enhances—not diminishes—safety,” wrote the six groups. “Providers must still submit engineering plans, follow established industry standards, and coordinate closely with railroads. The legislation simply creates a predictable framework that prevents unnecessary delay and eliminates arbitrary or inflated cost structures that hinder deployment and undermine national broadband goals.”
Closing rural broadband divides
The ultimate goal of moving forward with a bill to streamline rights-of-way approval corridors alongside public roads and railroad tracks, where utilities can install infrastructure, is to enhance rural broadband.
According to the USDA, 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.
Up till now, permission to install broadband near railroads has been slow, inconsistent, and expensive. This causes delays in expanding telecommunications and broadband access, especially in rural communities that need it most.
This bill is of significance to its two authors as the states they represent—New Mexico and Tennessee—have large rural areas.
New Mexico has several rural areas, which are mainly in its 26 non-metropolitan counties. Catron, De Baca, Harding, Hidalgo, Mora, and Union counties have the highest percentage of rural population. While towns in these rural counties, like Edgewood or Cloudcroft, offer a quieter lifestyle, many are growing to include more amenities while retaining a rural feel.
New Mexico is expanding rural broadband through state and federal initiatives like the Connect New Mexico Pilot Program and the Student Connect program.
“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 the 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.”
Likewise, in Tennessee, there’s equal emphasis on expanding broadband into rural areas.
Tennessee is moving forward with rural broadband expansion through several state and federal initiatives, including the Broadband Accessibility Grant Program and the Broadband Ready Communities (BRC) program. The state has set a goal to provide access to all unserved and underserved areas by 2028, using over $800 million from the federal government's Infrastructure Investment and Jobs Act. Additionally, the state is using private funding from grants like the Tennessee Emergency Broadband Fund—American Rescue Plan program and partnerships with organizations like the USDA, which provides grants for infrastructure deployment.
“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.”
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About the Author
Sean Buckley
Sean is responsible for establishing and executing the editorial strategy of Lightwave across its website, email newsletters, events, and other information products.