Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
March 22, 2024
HOUSE SPONSORSHIP
Boesenecker,
SENATE SPONSORSHIP
Hansen,
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), BUT ONLY AS NECESSARY TO PROVIDE9
BROADBAND INTERNET SERVICES TO MULTIUNIT BUILDINGS AND DOES NOT10
INCLUDE TOWERS, POLES, BUILDINGS, OR ENCLOSURES LARGER THAN FOUR11
CUBIC FEET UNLESS THE PROPERTY OWNER OR MOBILE HOME PARK12
LANDLORD GRANTS PERMISSION TO INSTALL ANY SUCH FACILITY .13
(2) "B
ROADBAND INTERNET SERVICE " MEANS
A RETAIL SERVICE14
THAT TRANSMITS AND RECEIVES DATA FROM A CUSTOMER'S PROPERTY OR15
DETERMINED POINT OF PRESENCE TO SUBSTANTIALLY ALL INTERNET16
ENDPOINTS. THE TERM INCLUDES ANY CAPABILITIES THAT ARE INCIDENTAL17
TO AND ENABLE THE OPERATION OF BROADBAND INTERNET SERVICE .18
19
(3) "MOBILE HOME PARK LANDLORD " HAS THE SAME MEANING AS20
"
MANAGEMENT" OR "LANDLORD", AS SET FORTH IN SECTION 38-12-201.521
(3).22
1334-2- (4) "MULTIUNIT BUILDING" MEANS A MULTIDWELLING BUILDING ,1
A MULTITENANT BUILDING, OR A MOBILE HOME PARK.2
29-27-502. Broadband internet service providers' access to a3
multiunit building. (1) A
BROADBAND INTERNET SERVICE PROVIDER ,4
INCLUDING A PROVIDER THAT IS FINANCED BY A LOCAL GOVERNMENT AND5
A PRIVATE PROVIDER, MAY ACCESS AND INSTALL ANY NECESSARY6
BROADBAND FACILITIES TO PROVIDE HIGH -SPEED BROADBAND INTERNET7
SERVICE TO A MULTIUNIT BUILDING IF:8
(a)
(I) THE BROADBAND INTERNET SERVICE PROVIDER PROVIDES9
ADEQUATE NOTICE OF INTENT TO ACCESS THE PROPERTY TO INSTALL THE10
NECESSARY BROADBAND FACILITY TO PROVIDE BROADBAND INTERNET11
SERVICE TO AN OWNER OF A MULTIUNIT BUILDING OR TO A MOBILE HOME12
LANDLORD IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION. AN13
OWNER'S FAILURE TO RESPOND TO THE NOTICE WITHIN THIRTY DAYS IS14
DEEMED TO BE AUTHORIZATION FOR ACCESS.15
(II) IF AN OWNER OF A MULTIUNIT BUILDING OR A MOBILE HOME16
LANDLORD IS NONRESPONSIVE OR REFUSES TO ENGAGE WITH THE17
BROADBAND INTERNET SERVICE PROVIDER IN REGARD TO THE AESTHETICS18
OF THE PROPERTY, THE BROADBAND INTERNET SERVICE PROVIDER SHALL19
INSTALL BROADBAND FACILITIES IN ACCORDANCE WITH HOW THE20
BROADBAND INTERNET SERVICE PROVIDER HAS REASONABLY ASSESSED AS21
MEETING THE AESTHETICS OF THE PROPERTY .22
(b) T
HE BROADBAND INTERNET SERVICE PROVIDER PROVIDES TO23
A MULTIUNIT OWNER OR A MOBILE HOME LANDLORD AN ACCESS24
AGREEMENT THAT:25
(I) C
OMPLIES WITH ALL FEDERAL LAWS AND REGULATIONS , STATE26
LAWS AND RULES , AND LOCAL ORDI NANCES , RESOLUTIONS, AND27
1334
-3- REGULATIONS, INCLUDING ANY DECLARATORY RULING FROM THE FEDERAL1
COMMUNICATIONS COMMISSION BARRING EXCLUSIVE REVENUE SHARING2
AGREEMENTS AND GRADUATED REVENUE SHARING AGREEMENTS AND ANY3
SALE AND LEASEBACK AGREEMENTS UNDER WHICH A BR OADBAND4
INTERNET SERVICE PROVIDER TRANSFERS OWNERSHIP OF ANY INSIDE WIRE5
ARRANGEMENTS TO THE OWNER OF A MULTIDWELLING RESIDENTIAL6
BUILDING AND THEN LEASES THE WIRE BACK FROM THE PROPERTY OWNER ;7
(II) G
RANTS THE BROADBAND INTERNET SERVICE PROVIDER A8
NON-EXCLUSIVE LICENSE TO CONSTRUCT , REPLACE, MAINTAIN, REPAIR,9
OPERATE, AND REMOVE, AT THE PROVIDER'S SOLE
EXPENSE, ANY10
BROADBAND FACILITY OR OTHER EQUIPMENT NECESSARY IN11
DISTRIBUTING ANY BROADBAND INTERNET SERVICE AND ANY12
ACCOMPANYING SERVICE DISTRIBUTED OVER THE HIGH -SPEED13
BROADBAND INTERNET INFRASTRUCTURE ONLY AS NECESSARY TO14
PROVIDE HIGH-SPEED BROADBAND INTERNET SERVICE TO THE MULTIUNIT15
BUILDING;16
(III) G
RANTS THE BROADBAND INTERNET SERVICE PROVIDER17
ACCESS TO THE PROPERTY DURING NORMAL BUSINESS HOURS OR AT ANY18
TIME DURING AN EMERGENCY TO INSTALL OR REPAIR ANY BROADBAND19
FACILITY;20
(IV) R
EQUIRES THE BROADBAND INTERNET SERVICE PROVIDER TO21
OBTAIN CONSENT FROM ANY TE NANT OF THE MULTIUNIT BUILDING OR22
MOBILE HOME PARK PRIOR TO ENTERING THE TENANT 'S PREMISES AND23
INSTALLING OR REPAIRING ANY NECESSARY BROADBAND FACILITY ;24
(V) G
RANTS THE BROADBAND INTERNET SERVICE PROVIDER ALL25
OWNERSHIP INTEREST IN ANY BROADBAND FACILITY EXCEPT WHERE A26
FACILITY MAY BE DEEMED TO BE AFFIXED TO THE REAL PROPERTY AND27
1334
-4- CONSIDERED A FIXTURE OF THE PROPERTY IN WHICH THE OWNER OF THE1
PROPERTY RETAINS OWNERSHIP INTEREST OF THE FIXTURE ;2
(VI) R
EQUIRES THE BROADBAND INTERNET SERVICE PROVIDER TO3
BE RESPONSIBLE FOR MAINTAINING THE BROADBAND FACILITIES IN GOOD4
ORDER AND PROMPTLY REPAIRING ANY DAMAGE TO THE PROPERTY5
CAUSED BY THE BROADBAND INTERNET SERVICE
PROVIDER;6
(VII) R
ELEASES THE OWNER OF A MULTIUNIT BUILDING FROM ANY7
LIABILITY FOR ANY DAMAGE OR LOSS TO THE BROADBAND FACILITY8
EXCEPT IN THE OWNER'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ;9
(VIII) R
EQUIRES THE BROADBAND INTERNET SERVICE PROVIDER10
TO MAINTAIN INSURANCE THAT WILL INSURE ITS OBLIGATIONS UNDER THE11
ACCESS AGREEMENT;12
(IX) R
ELEASES THE BROADB AND INTERNET SERVICE PROVIDER13
AND THE OWNER OF A MULTIUNIT BUILDING FROM ANY INDIRECT ,14
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY FAILURE TO15
PERFORM ITS OBLIGATION UNDER THE ACCESS AGREEMENT IF THE FAILURE16
IS CAUSED BY AN ACT OF GOD, ACCIDENT, FIRE, ACT OF GOVERNMENT, OR17
OTHER CAUSE OF SIMILAR NATURE BEYOND THE OBLIGOR 'S REASONABLE18
CONTROL;
19
(X) S
TIPULATES THAT THE BROADBAND INTERNET SERVICE20
PROVIDER IS RESPONSIBLE FOR REMOVING THE BROADBAND FACILITY AND21
REPAIRING ALL DAMAGE CAUSED BY SUCH REMOVAL , WITHIN NINETY DAYS22
OF THE EXPIRATION OR TERMINATION OF THE ACCESS AGREEMENT , AT THE23
SOLE COST AND EXPENSE OF THE PROVIDER . THE BROADBAND INTERNET24
SERVICE PROVIDER MUST LEAVE THE BROADBAND FACILITY IN PLACE IF25
THE FACILITY BECOMES THE PROPERTY OF THE MULTIUNIT BUILDING26
OWNER IN ACCORDANCE WITH LAWS REGARDING FIXTURES .27
1334
-5- (XI) WARRANTS THAT THE BROADBAND INTERNET SERVICE1
PROVIDER WILL NOT INTERFERE WITH OTHER SERVICES PROVIDED TO OR2
USED BY THE MULTIUNIT PROPERTY ;3
(XII) INCLUDES A FULL DESCRIPTION OF THE AREAS OF THE4
PROPERTY WHERE EQUIPMENT RELATED TO THE BROADBAND FACILITY5
WILL BE LOCATED THAT IS REASONABLY LIMITED TO ONLY THOSE AREAS6
AS NECESSARY TO PROVIDE HIGH-SPEED BROADBAND INTERNET SERVICE7
TO THE MULTIUNIT BUILDING, IS CONTAINED WITHIN EXISTING UTILITY8
EASEMENTS WHENEVER POSSIBLE, AND IS SUBJECT TO THE PROPERTY9
OWNER'S RIGHT TO DETERMINE THE LOCATION OF THE EQUIPMENT OR ANY10
RELOCATION OF THE EQUIPMENT REQUIRED BY FUTURE DEVELOPMENT OF11
THE PROPERTY;12
(XIII) REQUIRES THE INSTALLATION MUST BE DONE IN13
ACCORDANCE WITH INDUSTRY BEST PRACTICES, INCLUDING AESTHETIC14
BEST PRACTICES, AND IN INCORPORATED AREAS , EXTERIOR15
INFRASTRUCTURE MUST BE AT OR BELOW GRADE ;16
(XIV) REQUIRES THE BROADBAND INTERNET SERVICE PROVIDER17
TO ASSUME ALL COSTS FOR DAMAGE RELATED TO CONSTRUCTION AS A18
RESULT OF THE UNLOCATED PRIVATE UTILITIES ON THE PROPERTY ; AND19
(XV) REQUIRES THE BROADBAND INTERNET SERVICE PROVIDER TO20
AVOID ANY DEVIATION FROM THE GENERAL AESTHETICS OF A BUILDING21
WHEN INSTALLING ANY BROADBAND FACILITIES WHEN IT IS PRACTICABLE22
AND DOES NOT CAUSE ANY UNDUE HARDSHIP ON THE BROADBAND23
INTERNET SERVICE PROVIDER.24
(2) T
HE NOTICE REQUIRED BY SUBSECTION (1)(a) OF THIS SECTION25
MUST:26
(a) I
NCLUDE A FULL DESCRIPTION OF AREAS OF THE PROPERTY27
1334
-6- THAT WILL BE ACCESSED AND THE TYPE OF BROADBAND FACILITY THAT1
WILL BE NECESSARY, AND THE EXPECTED TIME FRAME NEEDED FOR THE2
DEPLOYMENT OF INFRASTRUCTURE ; AND3
(b) I
NCLUDE AN EXPLANATION OF ALL THE LEGAL OBLIGATIONS4
AND RIGHTS OF THE PROVIDER AND THE OWNER OF THE MULTIUNIT5
BUILDING IN ACCORDANCE WITH SUBSECTION (1)(b) OF THIS SECTION. 6
(3) N
OTHING IN THIS SECTION SHOULD BE CONSTRUED TO PERMIT7
A BROADBAND INTERNET SERVICE PROVIDER TO IDENTIFY AND SEEK8
REPAIR FOR ANY STRUCTURAL DEFICIENCIES NOT RELATED TO THE DIRECT9
NEED FOR INSTALLING THE BROADBAND
FACILITY OR TO INSTALL10
BROADBAND FACILITIES FOR PURPOSES BEYOND PROVIDING SERVICE TO11
THE MULTIUNIT BUILDINGS.12
SECTION 2. In Colorado Revised Statutes, add 38-12-224 as13
follows:14
38-12-224. Broadband internet service providers' access to15
property. A
BROADBAND INTERNET SERVICE PROVIDER , INCLUDING A16
BROADBAND INTERNET SERVICE PROVIDER THAT IS FINANCED BY A LOCAL17
GOVERNMENT AND A PRIVATE BROADBAND INTERNET SERVICE PROVIDER ,18
MAY ACCESS AND INSTALL ANY NECESSARY BROADBAND FACILITIES TO19
PROVIDE BROADBAND SERVICE TO ANY MOBILE HOME IN A MOBILE HOME20
PARK PURSUANT TO PART 5 OF ARTICLE 27 OF TITLE 29.21
SECTION 3. Act subject to petition - effective date. This act22
takes effect at 12:01 a.m. on the day following the expiration of the23
ninety-day period after final adjournment of the general assembly; except24
that, if a referendum petition is filed pursuant to section 1 (3) of article V25
of the state constitution against this act or an item, section, or part of this26
act within such period, then the act, item, section, or part will not take27
1334
-7- effect unless approved by the people at the general election to be held in1
November 2024 and, in such case, will take effect on the date of the2
official declaration of the vote thereon by the governor.3
1334
-8-