Broadband providers press Congress to unlock railroad rights-of-way, citing AI safety benefits

In Featured News by Wireless Estimator

The Broadband and Telecommunications RAIL ACT is endorsed by INCOMPAS, NCTA, CTIA, USTelecom, the Competitive Carriers Association, the Wireless Infrastructure Association, and the Fiber Broadband Association.

A growing coalition of high-speed network providers and telecommunications industry groups is pressing Congress to advance bipartisan legislation that would dramatically simplify the process of deploying broadband infrastructure along the nation’s freight railroad corridors — and they’re leaning on the promise of AI-driven rail safety technology to make their case.

At the center of the push is the Broadband and Telecommunications RAIL Act (H.R. 6046), introduced in November 2025 by Senators Marsha Blackburn (R-Tenn.) and Ben Ray Luján (D-N.M.), with companion legislation in the House led by Representatives John Joyce (R-Pa.), Greg Landsman (D-Ohio), and Scott Peters (D-Calif.). The bill passed out of the House Energy and Commerce Subcommittee on Communications and Technology shortly after its introduction, but has yet to advance to a full floor vote.

The Problem: Red Tape at the Crossing

Railroad rights-of-way — the corridors of land running alongside freight tracks — represent some of the most direct and cost-effective routes for laying fiber and deploying broadband infrastructure, particularly in rural America where connectivity gaps remain severe. But gaining access to those corridors has long been a bureaucratic and financial obstacle course.

Chip Pickering, CEO of INCOMPAS, put it bluntly: “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.”

The current permission structure for installing equipment near railroads is widely described as slow, inconsistent, and expensive, with far more Americans in rural areas — 22.3% — lacking broadband than in urban areas, where the figure is just 1.5%.

What the RAIL ACT Would Do

The legislation establishes a framework for the placement or modification of broadband and telecommunications equipment in railroad corridors, requiring carriers to approve or deny applications within 60 days of receipt, and limiting denials to safety reasons or situations where placement would substantially interfere with or damage railroad infrastructure.

It also sets guidelines for fair compensation that reflect actual costs rather than arbitrary demands, and creates an appeals process when railroads act unreasonably — giving broadband providers recourse they’ve never had before. Disputes between providers and carriers would be arbitrated by the FCC.

The bill has attracted a broad and bipartisan coalition of endorsers. INCOMPAS, NCTA, CTIA, USTelecom, the Competitive Carriers Association, the Wireless Infrastructure Association, and the Fiber Broadband Association have all endorsed the legislation, arguing that it strikes the right balance between enabling broadband deployment and ensuring that rail carriers retain appropriate oversight of work conducted near their infrastructure.

The AI Argument

Broadband advocates are increasingly tying their legislative push to the rapid expansion of AI-driven rail safety technology — arguing that high-speed connectivity along rail corridors isn’t just a broadband issue, it’s a public safety imperative.

Freight railroads now deploy AI to detect equipment and infrastructure issues early, enable predictive maintenance, optimize fuel efficiency, and enhance inspection processes. By analyzing large volumes of real-time and historical data, AI-enabled systems help railroads identify potential problems before they cause disruptions, improve operational safety, and move goods more efficiently across the country.

Among the most promising advances are automated track inspection systems, which use lasers and cameras to measure track defects and collect real-time data on rail conditions as trains travel across the network — allowing railroads to more quickly and accurately identify potential safety issues. Compared to periodic manual inspection, these automated systems provide continuous, geolocated data that enables earlier detection of defects and more targeted maintenance.

The argument from broadband advocates is straightforward: these systems require robust, high-speed connectivity to function at their full potential. Expanding fiber along rail corridors doesn’t just connect rural communities — it enables the real-time data transmission that next-generation rail safety monitoring depends on.

The results are already showing. Full-year 2025 data from the Federal Railroad Administration confirmed freight rail achieved its safest year on record, with accident and derailment rates falling to historic lows and Class I employee injury rates reaching an all-time low.

The Railroad Industry’s Counterargument

Not everyone is convinced that congressional intervention is necessary or appropriate. The Association of American Railroads has taken a measured but firm position on the issue.

Railroads say they support national policies to expand broadband access and stand ready to work with providers to achieve that goal quickly and safely — but argue that both parties can negotiate fair terms without congressional intervention, especially when proposed laws threaten safe operations. The industry opposes legislation that bypasses safety reviews, interferes with private contracts, or grants broadband companies what they characterize as “super” taking authority, which they say denies railroads due process and fair compensation.

Railroad safety advocates have also introduced competing legislation. The Secure Tracks Act would require all tracks designated as FRA Class 3 or higher to undergo visual track inspections twice a week and mandate automated inspections at specified frequencies using the Track Geometry Measurement System — a blended approach that the railroad industry argues is already delivering significant safety gains.

What’s at Stake

The debate ultimately comes down to who controls access to one of America’s most valuable and underutilized infrastructure assets. Tens of thousands of miles of freight railroad right-of-way crisscross rural America, passing through communities that federal broadband funding has struggled to reach. For broadband providers, those corridors represent the most direct path to closing the digital divide. For railroads, they represent private property integral to safe operations.

The Railroad Supply Institute, which represents the full railroad supply chain including manufacturers, suppliers, railcar owners, and lessors, supports policies that accelerate the deployment of advanced freight rail technologies — including telematics, onboard sensors, and data systems that improve real-time visibility, asset condition monitoring, and system transparency — suggesting there is common ground to be found if the legislative process can bridge the gap between connectivity advocates and railroad safety interests.

With surface transportation reauthorization on Congress’s agenda and AI-driven infrastructure investment accelerating across multiple industries, the Broadband and Telecommunications RAIL ACT may find its moment. Whether that happens before the 119th Congress concludes remains to be seen.