Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0312.03 Jessica Herrera x4218
HOUSE BILL 24-1334
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE AUTHORIZATION OF A BROADBAND PROVIDER 'S101
INSTALLATION OF NECESSARY BROADBAND INFRAST RUCTURE IN102
MULTIUNIT BUILDINGS , AND, IN CONNECTION THEREWITH ,103
SPECIFYING LEGAL OBLIGATIONS AND RIGHTS RELATING TO THE104
INSTALLATION OF BROADBAND INFRASTRUCTURE IN SUCH105
BUILDINGS.106
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill prohibits a property owner (owner) of a multiunit building,
HOUSE SPONSORSHIP
Boesenecker,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. including a multidwelling and multitenant building and a mobile home
park, from denying a broadband provider (provider) access to the property
to install the necessary infrastructure to provide high-speed broadband
service. The bill specifies the legal obligations and rights of both
broadband providers and owners regarding the deployment of broadband
infrastructure.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 5 to article2
27 of title 29 as follows:3
PART 54
ACCESS TO MULTIUNIT BUILDINGS5
29-27-501. Definitions. A
S USED IN THIS PART 5, UNLESS THE6
CONTEXT OTHERWISE REQUIRES :7
(1) "B
ROADBAND FACILITY" HAS THE SAME MEANING AS SET8
FORTH IN SECTION 29-27-402 (1.5).9
(2) "B
ROADBAND INTERNET SERVICE " MEANS ANY TECHNOLOGY10
IDENTIFIED BY THE UNITED STATES SECRETARY OF AGRICULTURE AS11
HAVING THE CAPACITY TO TRANSMIT DATA TO ENABLE A SUBSCRIBER TO12
THE SERVICE TO ORIGINATE AND RECEIVE HIGH -QUALITY VOICE, DATA,13
GRAPHICS, AND VIDEO.14
(3) "H
IGH-SPEED BROADBAND" MEANS BROADBAND TECHNOLOGY15
THAT RELIABLY DELIVERS A MINIMUM OF ONE HUNDRED MEGABITS PER16
SECOND SYMMETRICAL SPEEDS .17
(4) "M
OBILE HOME PARK LANDLORD " HAS THE SAME MEANING AS18
"
MANAGEMENT" OR "LANDLORD", AS SET FORTH IN SECTION 38-12-201.519
(3).20
(5) "M
ULTIUNIT BUILDING" MEANS A MULTIDWELLING BUILDING ,21
A MULTITENANT BUILDING, OR A MOBILE HOME PARK.22
HB24-1334-2- 29-27-502. Broadband internet service providers' access to a1
multiunit building. (1) A
BROADBAND INTERNET SERVICE PROVIDER ,2
INCLUDING A PROVIDER THAT IS FINANCED BY A LOCAL GOVERNMENT AND3
A PRIVATE PROVIDER, MAY ACCESS AND INSTALL ANY NECESSARY4
BROADBAND FACILITIES TO PROVIDE HIGH -SPEED BROADBAND INTERNET5
SERVICE TO A MULTIUNIT BUILDING IF:6
(a) T
HE BROADBAND INTERNET SERVICE PROVIDER PROVIDES7
ADEQUATE NOTICE OF INTENT TO ACCESS THE PROPERTY TO INSTALL THE8
NECESSARY BROADBAND FACILITY TO PROVIDE BROADBAND INTERNET9
SERVICE TO AN OWNER OF A MULTIUNIT BUILDING OR TO A MOBILE HOME10
LANDLORD IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION. AN11
OWNER'S FAILURE TO RESPOND TO THE NOTICE IS DEEMED TO BE AN12
ACCEPTANCE OF THE TERMS OF THE ACCESS AGREEMENT IN ACCORDANCE13
WITH SUBSECTION (1)(b) OF THIS SECTION.14
(b) T
HE BROADBAND INTERNET SERVICE PROVIDER PROVIDES TO15
A MULTIUNIT OWNER OR A MOBILE HOME LANDLORD AN ACCESS16
AGREEMENT THAT:17
(I) C
OMPLIES WITH ALL FEDERAL LAWS AND REGULATIONS , STATE18
LAWS AND RULES , AND LOCAL ORDINANCES , RESOLUTIONS, AND19
REGULATIONS, INCLUDING ANY DECLARATORY RULING FROM THE FEDERAL20
COMMUNICATIONS COMMISSION BARRING EXCLUSIVE REVENUE SHARING21
AGREEMENTS AND GRADUATED REVENUE SHARING AGREEMENTS AND ANY22
SALE AND LEASEBACK AGREEMENTS UNDER WHICH A BR OADBAND23
INTERNET SERVICE PROVIDER TRANSFERS OWNERSHIP OF ANY INSIDE WIRE24
ARRANGEMENTS TO THE OWNER OF A MULTIDWELLING RESIDENTIAL25
BUILDING AND THEN LEASES THE WIRE BACK FROM THE PROPERTY OWNER ;26
(II) G
RANTS THE BROADBAND INTERNET SERVICE PROVIDER A27
HB24-1334
-3- NON-EXCLUSIVE LICENSE TO CONSTRUCT , REPLACE, MAINTAIN, REPAIR,1
OPERATE, AND REMOVE, AT THE PROVIDER'S SOLE OPTION AND EXPENSE,2
ANY BROADBAND FACILITY OR OTHER EQUIPMENT NECESSARY OR USEFUL3
IN DISTRIBUTING ANY BROADBAND INTERNET SERVICE AND ANY4
ACCOMPANYING SERVICE DISTRIBUTED OVER THE HIGH -SPEED5
BROADBAND INTERNET INFRASTRUCTURE ;6
(III) G
RANTS THE BROADBAND INTERNET SERVICE PROVIDER7
ACCESS TO THE PROPERTY DURING NORMAL BUSINESS HOURS OR AT ANY8
TIME DURING AN EMERGENCY TO INSTALL OR REPAIR ANY BROADBAND9
FACILITY;10
(IV) R
EQUIRES THE BROADBAND INTERNET SERVICE PROVIDER TO11
OBTAIN CONSENT FROM ANY TENANT OF THE MULTIUNIT BUILDING OR12
MOBILE HOME PARK PRIOR TO ENTERING THE TENANT 'S PREMISES AND13
INSTALLING OR REPAIRING ANY NECESSARY BROADBAND FACILITY ;14
(V) G
RANTS THE BROADBAND INTERNET SERVICE PROVIDER ALL15
OWNERSHIP INTEREST IN ANY BROADBAND FACILITY EXCEPT WHERE A16
FACILITY MAY BE DEEMED TO BE AFFIXED TO THE REAL PROPERTY AND17
CONSIDERED A FIXTURE OF THE PROPERTY IN WHICH THE OWNER OF THE18
PROPERTY RETAINS OWNERSHIP INTEREST OF THE FIXTURE ;19
(VI) R
EQUIRES THE BROADBAND INTERNET SERVICE PROVIDER TO20
BE RESPONSIBLE FOR MAINTAINING THE BROADBAND FACILITIES IN GOOD21
ORDER AND PROMPTLY REPAIRING ANY DAMAGE TO THE PROPERTY22
CAUSED BY THE BROADBAND INTERNET SERVICE PROVIDER , EXCEPT23
DAMAGE CAUSED BY ORDINARY WEAR AND TEAR ;24
(VII) R
ELEASES THE OWNER OF A MULTIUNIT BUILDING FROM ANY25
LIABILITY FOR ANY DAMAGE OR LOSS TO THE BROADBAND FACILITY26
EXCEPT IN THE OWNER'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ;27
HB24-1334
-4- (VIII) REQUIRES THE BROADBAND INTERNET SERVICE PROVIDER1
TO MAINTAIN INSURANCE THAT WILL INSURE ITS OBLIGATIONS UNDER THE2
ACCESS AGREEMENT;3
(IX) R
ELEASES THE BROADBAND INTERNET SERVICE PROVIDER4
AND THE OWNER OF A MULTIUNIT BUILDING FROM ANY INDIRECT ,5
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY FAILURE TO6
PERFORM ITS OBLIGATION UNDER THE ACCESS AGREEMENT IF THE FAILURE7
IS CAUSED BY AN ACT OF GOD, ACCIDENT, FIRE, ACT OF GOVERNMENT, OR8
OTHER CAUSE OF SIMILAR NATURE BEYOND THE OBLIGOR 'S REASONABLE9
CONTROL; AND10
(X) S
TIPULATES THAT THE BROADBAND INTERNET SERVICE11
PROVIDER IS RESPONSIBLE FOR REMOVING THE BROADBAND FACILITY AND12
REPAIRING ALL DAMAGE CAUSED BY SUCH REMOVAL , WITHIN NINETY DAYS13
OF THE EXPIRATION OR TERMINATION OF THE ACCESS AGREEMENT , AT THE14
SOLE COST AND EXPENSE OF THE PROVIDER . THE BROADBAND INTERNET15
SERVICE PROVIDER MUST LEAVE THE BROADBAND FACILITY IN PLACE IF16
THE FACILITY BECOMES THE PROPERTY OF THE MULTIUNIT BUILDING17
OWNER IN ACCORDANCE WITH LAWS REGARDING FIXTURES .18
(2) T
HE NOTICE REQUIRED BY SUBSECTION (1)(a) OF THIS SECTION19
MUST:20
(a) I
NCLUDE A FULL DESCRIPTION OF AREAS OF THE PROPERTY21
THAT WILL BE ACCESSED AND THE TYPE OF BROADBAND FACILITY THAT22
WILL BE NECESSARY, AND THE EXPECTED TIME FRAME NEEDED FOR THE23
DEPLOYMENT OF INFRASTRUCTURE ; AND24
(b) I
NCLUDE AN EXPLANATION OF ALL THE LEGAL OBLIGATIONS25
AND RIGHTS OF THE PROVIDER AND THE OWNER OF THE MULTIUNIT26
BUILDING IN ACCORDANCE WITH SUBSECTION (1)(b) OF THIS SECTION. 27
HB24-1334
-5- (3) NOTHING IN THIS SECTION SHOULD BE CONSTRUED TO PERMIT1
A BROADBAND INTERNET SERVICE PROVIDER TO IDENTIFY AND SEEK2
REPAIR FOR ANY STRUCTURAL DEFICIENCIES NOT RELATED TO THE DIRECT3
NEED FOR INSTALLING THE BROADBAND FACILITY .4
SECTION 2. In Colorado Revised Statutes, add 38-12-224 as5
follows:6
38-12-224. Broadband internet service providers' access to7
property. A
BROADBAND INTERNET SERVICE PROVIDER , INCLUDING A8
BROADBAND INTERNET SERVICE PROVIDER THAT IS FINANCED BY A LOCAL9
GOVERNMENT AND A PRIVATE BROADBAND INTERNET SERVICE PROVIDER ,10
MAY ACCESS AND INSTALL ANY NECESSARY BROADBAND FACILITIES TO11
PROVIDE BROADBAND SERVICE TO ANY MOBILE HOME IN A MOBILE HOME12
PARK PURSUANT TO PART 5 OF ARTICLE 27 OF TITLE 29.13
SECTION 3. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly; except16
that, if a referendum petition is filed pursuant to section 1 (3) of article V17
of the state constitution against this act or an item, section, or part of this18
act within such period, then the act, item, section, or part will not take19
effect unless approved by the people at the general election to be held in20
November 2024 and, in such case, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
HB24-1334
-6-