Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0312.03 Jessica Herrera x4218
HOUSE BILL 24-1334
House Committees Senate Committees
Transportation, Housing & Local Government Business, Labor, & Technology
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,
SENATE
Amended 2nd Reading
April 29, 2024
HOUSE
3rd Reading Unamended
March 25, 2024
HOUSE
Amended 2nd Reading
March 22, 2024
HOUSE SPONSORSHIP
Boesenecker, Amabile, Brown, Duran, Epps, Froelich, Hamrick, Herod, Jodeh, Joseph,
Kipp, Lindsay, Lukens, Marvin, Mauro, Sirota, Titone, Vigil
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 RESIDENTIAL1
MULTIDWELLING BUILDING OR A MOBILE HOME PARK. A "MULTIUNIT2
BUILDING" DOES NOT MEAN A COMMERCIAL OR NONRESIDENTIAL3
BUILDING.4
(5) "P
ROPERTY OWNER" MEANS THE OWNER OF A MULTIUNIT
5
BUILDING OR THE MANAGER OF A MULTIUNIT BUILDING ACTING ON BEHALF6
OF THE OWNER.7
(6) "P
ROVIDER" MEANS A LICENSED PROVIDER OF BROADBAND
8
INTERNET SERVICES INCLUDING PRIVATE PROVIDERS AND PROVIDERS9
FINANCED BY A LOCAL GOVERNMENT .10
(7) "R
EQUEST FOR SERVICE" MEANS AN EXPRESSION OF INTEREST
11
FROM A TENANT HAVING A TENANCY IN A MULTIUNIT BUILDING RECEIVED12
BY A PROVIDER EITHER BY MAIL , TELEPHONE IN WHICH ANY SUCH13
TELEPHONIC REQUEST IS MEMORIALIZED IN WRITING SIGNED BY THE14
TENANT, OR E-MAIL. A CONTACT BETWEEN A TENANT AND A PROVIDER15
THROUGH A SIGN-UP LIST CONTAINED ON THE PROVIDER'S WEBSITE WILL16
BE DEEMED A REQUEST FOR SERVICE AFTER THE PROVIDER CONFIRMS THE17
REQUEST IN WRITING AND OBTAINS A SIGNATURE BY THE TENANT .18
29-27-502. Broadband internet service providers' access to a19
multiunit building. (1)
SUBJECT TO A PROPERTY OWNER'S RIGHTS TO20
MANAGE ACCESS TO ITS PROPERTY PURSUANT TO SUBSECTION (4) OF THIS21
SECTION, A PROVIDER MAY ACCESS AND INSTALL ANY NECESSARY22
BROADBAND FACILITIES TO PROVIDE HIGH -SPEED BROADBAND INTERNET23
SERVICE TO A MULTIUNIT BUILDING IF:24
(a) (I) THE PROVIDER PROVIDES SIXTY-DAY PRIOR WRITTEN25
NOTICE OF INTENT TO ACCESS THE PROPERTY TO INSTALL THE NECESSARY26
BROADBAND FACILITY TO PROVIDE BROADBAND INTERNET SERVICE TO THE27
1334
-3- PROPERTY OWNER IN ACCORDANCE WITH SUBSECTION (2) OF THIS1
SECTION. AN OWNER'S FAILURE TO RESPOND TO THE NOTICE WITHIN SIXTY2
DAYS IS DEEMED TO BE AUTHORIZATION FOR ACCESS AFTER A MINIMUM3
OF TWO ATTEMPTS TO NOTIFY THE OWNER HAVE BEEN MADE .4
(II) I
F A PROPERTY OWNER IS NONRESPONSIVE OR REFUSES TO
5
ENGAGE WITH THE PROVIDER IN REGARDS TO THE AESTHETICS OF THE6
PROPERTY, THE PROVIDER SHALL INSTALL BROADBAND FACILITIES IN7
ACCORDANCE WITH HOW THE BROADBAND INTERNET SERVICE PROVIDER8
HAS REASONABLY ASSESSED AS MEETING THE AESTHETICS OF THE9
PROPERTY.10
(b) T
HE
PROVIDER PROVIDES TO THE PROPERTY OWNER AN11
ACCESS AGREEMENT THAT :12
(I) C
OMPLIES WITH ALL FEDERAL LAWS AND REGULATIONS , STATE13
LAWS AND RULES , AND LOCAL ORDINANCES , RESOLUTIONS, AND14
REGULATIONS, INCLUDING ANY DECLARATORY RULING FROM THE FEDERAL15
COMMUNICATIONS COMMISSION BARRING EXCLUSIVE REVENUE SHARING16
AGREEMENTS AND GRADUATED REVENUE SHARING AGREEMENTS AND ANY17
SALE AND LEASEBACK AGREEMENTS UNDER WHICH A
PROVIDER18
TRANSFERS OWNERSHIP OF ANY INSIDE WIRE ARRANGEMENTS TO THE19
OWNER OF A MULTIDWELLING RESIDENTIAL BUILDING AND THEN LEASES20
THE WIRE BACK FROM THE PROPERTY OWNER ;21
(II) G
RANTS THE
PROVIDER A NON-EXCLUSIVE LICENSE TO22
CONSTRUCT, REPLACE, MAINTAIN, REPAIR, OPERATE, REMOVE, AND THE23
OBLIGATION TO INSTALL, AT THE PROVIDER'S SOLE EXPENSE, ALL24
BROADBAND FACILITIES OR OTHER EQUIPMENT NECESSARY OR25
REQUIRED FOR DISTRIBUTING ANY BROADBAND INTERNET SERVICE AND26
ANY ACCOMPANYING SERVICE DISTRIBUTED OVER THE HIGH -SPEED27
1334
-4- BROADBAND INTERNET INFRASTRUCTURE ONLY TO THE EXTENT1
NECESSARY TO PROVIDE HIGH-SPEED BROADBAND INTERNET SERVICE TO2
THE MULTIUNIT BUILDING. A PROPERTY OWNER RESERVES SOLE CONTROL3
OVER ALL USE AND OPERATING RIGHTS TO ANY EXISTING OR PLANNED4
WIRING AND INFRASTRUCTURE THAT THE PROPERTY OWNER OWNS . THE5
PROVIDER SHALL NOT CONNECT OR USE ANY CONDUIT , WIRING, OR6
INFRASTRUCTURE OWNED BY OR IN USE BY A THIRD -PARTY PROVIDER7
UNLESS THE PROVIDER IS GRANTED PERMISSION BY THE THIRD -PARTY8
PROVIDER THAT OWNS ANY SUCH CONDUIT , WIRING, OR INFRASTRUCTURE9
OR GRANTED PERMISSION TO USE ANY SUCH CONDUIT , WIRING, OR10
INFRASTRUCTURE BY THE PROPERTY OWNER .11
(III) G
RANTS THE
PROVIDER ACCESS TO THE PROPERTY DURING12
NORMAL BUSINESS HOURS OR AT ANY TIME DURING AN EMERGENCY TO13
INSTALL OR REPAIR ANY BROADBAND FACILITY ;14
(IV) R
EQUIRES THE
PROVIDER TO OBTAIN CONSENT FROM ANY15
TENANT OF THE MULTIUNIT BUILDING OR MOBILE HOME PARK PRIOR TO16
ENTERING THE TENANT'S PREMISES AND INSTALLING OR REPAIRING ANY17
NECESSARY BROADBAND FACILITY ;18
(V) G
RANTS THE
PROVIDER ALL OWNERSHIP INTEREST IN ANY19
BROADBAND FACILITY EXCEPT WHERE A FACILITY MAY BE DEEMED TO BE20
AFFIXED TO THE REAL PROPERTY AND CONSIDERED A FIXTURE OF THE21
PROPERTY IN WHICH THE OWNER OF THE PROPERTY RETAINS OWNERSHIP22
INTEREST OF THE FIXTURE;23
(VI) R
EQUIRES THE
PROVIDER TO BE RESPONSIBLE FOR24
MAINTAINING THE BROADBAND FACILITIES IN GOOD ORDER AND PROMPTLY25
REPAIRING ANY DAMAGE TO THE PROPERTY CAUSED BY THE PROVIDER;26
(VII) R
ELEASES AND INDEMNIFIES
THE PROPERTY OWNER FROM27
1334
-5- ANY LIABILITY FOR ANY DAMAGE OR LOSS TO THE BROADBAND FACILITY ,1
OTHER FACILITIES AT THE PROPERTY, OR ANY OTHER PROPERTY OF THE2
PROPERTY OWNER EXCEPT RESULTING FROM THE OWNER'S WILLFUL3
MISCONDUCT OR GROSS NEGLIGENCE OR IN INSTANCES WHERE ANY SUCH4
INDEMNIFICATION IS CONTRARY TO ANY OTHER STATE LAW , ANY LOCAL5
ORDINANCE, OR ANY LOCAL REGULATIONS. NOTHING IN THIS SUBSECTION6
(1)(b)(VII)
SHALL BE CONSTRUED AS ALLEVIATING A PROVIDER FROM
7
BEING LIABLE TO A PROPERTY OWNER FOR ANY REPAIR OF DAMAGE OR8
LOSS CAUSED BY THE PROVIDER;9
(VIII) R
EQUIRES THE BROADBAND INTERNET SERVICE PROVIDER10
TO MAINTAIN INSURANCE THAT WILL INSURE ITS OBLIGATIONS UNDER THE11
ACCESS AGREEMENT WHICH COVERAGES SHALL BE IN COMMERCIALLY
12
REASONABLE AMOUNTS AND SHALL INCLUDE COVERAGES FOR WORKER 'S13
COMPENSATION, PROPERTY DAMAGE, AND GENERAL LIABILITY;14
(IX) R
ELEASES THE
PROVIDER AND THE PROPERTY OWNER 15
FROM ANY INDIRECT , INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL16
DAMAGES OF ANY FAILURE TO PERFORM ITS OBLIGATION UNDER THE17
ACCESS AGREEMENT IF THE FAILURE IS CAUSED BY AN ACT OF GOD,18
ACCIDENT, FIRE, ACT OF GOVERNMENT , OR OTHER CAUSE OF SIMILAR19
NATURE BEYOND THE OBLIGOR 'S REASONABLE CONTROL; 20
(X) S
TIPULATES THAT THE BROADBAND INTERNET SERVICE21
PROVIDER IS RESPONSIBLE FOR REMOVING THE BROADBAND FACILITY AND22
REPAIRING ALL DAMAGE CAUSED BY SUCH REMOVAL , WITHIN NINETY DAYS23
OF THE EXPIRATION OR TERMINATION OF THE ACCESS AGREEMENT , AT THE24
SOLE COST AND EXPENSE OF THE PROVIDER . THE BROADBAND INTERNET25
SERVICE PROVIDER MUST LEAVE THE BROADBAND FACILITY IN PLACE IF26
THE FACILITY BECOMES THE PROPERTY OF THE MULTIUNIT BUILDING27
1334
-6- OWNER IN ACCORDANCE WITH LAWS REGARDING FIXTURES .1
(XI) WARRANTS THAT THE PROVIDER WILL NOT INTERFERE2
WITH OTHER SERVICES PROVIDED TO OR USED BY THE MULTIUNIT3
PROPERTY OR REQUIRE THE PROPERTY OWNER TO PROVIDE ANY SERVICES4
TO THE PROVIDER;5
(XII) INCLUDES A FULL DESCRIPTION OF THE AREAS OF THE6
PROPERTY WHERE EQUIPMENT RELATED TO THE BROADBAND FACILITY7
WILL BE LOCATED THAT IS REASONABLY LIMITED TO ONLY THOSE AREAS8
AS NECESSARY TO PROVIDE HIGH-SPEED BROADBAND INTERNET SERVICE9
TO THE MULTIUNIT BUILDING, IS CONTAINED WITHIN EXISTING UTILITY10
EASEMENTS WHENEVER POSSIBLE, AND IS SUBJECT TO THE PROPERTY11
OWNER'S RIGHT TO DETERMINE THE LOCATION OF THE EQUIPMENT OR ANY12
RELOCATION OF THE EQUIPMENT REQUIRED BY FUTURE DEVELOPMENT OF13
THE PROPERTY;14
(XIII) REQUIRES THE INSTALLATION MUST BE DONE IN15
ACCORDANCE WITH INDUSTRY BEST PRACTICES, INCLUDING AESTHETIC16
BEST PRACTICES, AND IN INCORPORATED AREAS , EXTERIOR17
INFRASTRUCTURE MUST BE AT OR BELOW GRADE ;18
(XIV) REQUIRES THE PROVIDER TO ASSUME ALL COSTS FOR19
DAMAGE RELATED TO CONSTRUCTION AS A RESULT OF THE UNLOCATED20
PRIVATE UTILITIES ON THE PROPERTY; 21
(XV) REQUIRES THE PROVIDER TO AVOID ANY DEVIATION FROM22
THE GENERAL AESTHETICS OF A BUILDING WHEN INSTALLING ANY23
BROADBAND FACILITIES WHEN IT IS PRACTICABLE AND DOES NOT CAUSE24
ANY UNDUE HARDSHIP ON THE BROADBAND INTERNET SERVICE PROVIDER.25
(XVI) H
AS A FIXED TERM AND IS NOT PERPETUAL IN NATURE ;
26
(XVII) S
TATES THAT THE TERMS, CONDITIONS, CHARGES, AND
27
1334
-7- FEES FOR BROADBAND INTERNET SERVICES PROVIDED TO TENANTS AT A1
PROPERTY SHALL BE BETWEEN THE PROVIDER AND INDIVIDUAL TENANTS ,2
THAT A PROPERTY OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR3
SERVICES CHARGES CONTRACTED FOR BY TENANTS , THAT ALL BILLING AND4
COLLECTIONS FROM TENANTS WILL BE ACCOMPLISHED BY THE PROVIDER ,5
AND THAT A PROPERTY OWNER HAS NO OBLIGATION TO PROVIDE6
INFORMATION REGARDING TENANTS OR TO COLLECT ANY AMOUNTS ON7
BEHALF OF THE PROVIDER; AND8
(XVIII) S
TATES THAT A TENANT OF AN INDIVIDUALLY OWNED AND
9
AN OWNER-OCCUPIED UNIT IN A MULTIUNIT RESIDENTIAL BUILDING ,10
INCLUDING A CONDO OWNER , MUST OBTAIN APPROVAL FROM THE OWNER11
OF THAT INDIVIDUALLY OWNED UNIT BEFORE A PROVIDER MAY INSTALL OR12
PROVIDE SERVICE TO THAT UNIT.13
(2) T
HE NOTICE REQUIRED BY SUBSECTION (1)(a) OF THIS SECTION14
MUST BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WITH A
15
COPY SENT BY E-MAIL AND MUST:16
(a) C
ONTAIN A STATEMENT THAT THE PROVIDER :
17
(I) I
S AUTHORIZED TO PROVIDE COMMUNICATION SERVICES IN THE
18
PROPERTY;19
(II) H
AS RECEIVED A VALID REQUEST FROM A TENANT IN THE
20
PROPERTY AND THAT IDENTIFIES THE UNIT OCCUPIED BY SUCH TENANT . IN21
INSTANCES WHERE THE REQUEST FOR SERVICE IS MADE BY A TENANT IN A22
CONDOMINIUM UNIT AS DEFINED IN SECTION 38-33-103, THE TENANT MUST23
PROVIDE EVIDENCE OF PRIOR WRITTEN CONSENT OF THE CONDOMINIUM24
OWNER IN ORDER FOR THE REQUEST TO BE DEEMED VALID ;25
(III) W
HEN INSTALLING, OPERATING, MAINTAINING, OR REMOVING
26
EQUIPMENT FROM THE PROPERTY , WILL CONFORM TO SUCH REASONABLE27
1334
-8- CONDITIONS AS THE PROPERTY OWNER DEEMS NECESSARY TO PROTECT1
THE SAFETY, FUNCTIONING, AND APPEARANCE OF THE PROPERTY AND THE2
CONVENIENCE AND WELL-BEING OF ALL OCCUPANTS;3
(IV) W
ILL PAY THE PROPERTY OWNER JUST AND REAS ONABLE
4
COMPENSATION FOR ITS USE OF THE PROPERTY ; AND5
(V) W
ILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE
6
PROPERTY OWNER FOR ANY DAMAGE CAUSED BY THE INSTALLATION ,7
OPERATION, MAINTENANCE, OR REMOVAL OF ITS FACILITIES FROM THE8
PROPERTY UNLESS ANY SUCH INDEMNIFICATION IS CONTRARY TO ANY9
OTHER STATE LAW, ANY LOCAL ORDINANCE, OR ANY LOCAL REGULATION;10
(b) INCLUDE A FULL DESCRIPTION OF THE AREAS OF THE PROPERTY11
THAT WILL BE ACCESSED, A DETAILED DESCRIPTION OF THE PROVIDER 'S12
PLANS AND SPECIFICATION FOR WORK TO BE PERFORMED AND FACILITIES13
OR EQUIPMENT TO BE INSTALLED , INCLUDING ANY REQUIRED UTILITY14
CONNECTIONS AND THE ELECTRICAL DEMAND OF THE FACILITIES AND15
EQUIPMENT TO BE INSTALLED, THE TYPE OF BROADBAND FACILITY THAT16
WILL BE NECESSARY, THE EXPECTED TIME FRAME NEEDED FOR THE17
DEPLOYMENT OF INFRASTRUCTURE , INCLUDING THE DATE AND TIMES THAT18
THE PROVIDER PROPOSES TO START AND COMPLETE THE INSTALLATION ;19
AND20
(c) INCLUDE AN EXPLANATION OF ALL THE LEGAL OBLIGATIONS21
AND RIGHTS OF THE PROVIDER AND THE OWNER OF THE MULTIUNIT22
BUILDING IN ACCORDANCE WITH SUBSECTION (1)(b) OF THIS SECTION,23
INCLUDING THAT THE PROPERTY OWNER HAS CERTAIN LIMITED RIGHTS TO24
REFUSE ACCESS TO THE MULTIUNIT PROPERTY . 25
(3) N
OTHING IN THIS SECTION SHOULD BE CONSTRUED TO PERMIT26
A
PROVIDER TO IDENTIFY AND SEEK REPAIR FOR ANY STRUCTURAL27
1334
-9- DEFICIENCIES NOT RELATED TO THE DIRECT NEED FOR INSTALLING THE1
BROADBAND FACILITY OR TO INSTALL BROADBAND FACILITIES FOR2
PURPOSES BEYOND PROVIDING SERVICE TO THE MULTIUNIT BUILDINGS .3
(4) F
OR PURPOSES OF THIS SECTION AND SECTION 38-12-244, A
4
PROPERTY OWNER'S RIGHTS TO MANAGE ACCESS INCLUDE THE PROPERTY5
OWNER'S RIGHTS TO:6
(a) I
MPOSE CONDITIONS ON THE PROVIDER THAT ARE REASONABLY
7
NECESSARY TO PROTECT THE:8
(I) S
AFETY, SECURITY, APPEARANCE, AND CONDITION OF THE
9
PROPERTY; AND10
(II) S
AFETY AND CONVENIENCE OF OTHER PERSONS ;
11
(b) I
MPOSE A REASONABLE LIMITATION ON THE TIME AT WHICH THE
12
PROVIDER MAY HAVE ACCESS TO THE PROPERTY FOR ANY REASON ; AND 13
(c) R
EQUIRE THE PROVIDER TO PAY COMPENSATION FOR SUCH
14
ACCESS THAT IS REASONABLE AND NONDISCRIMINATORY AMONG SUCH15
TELECOMMUNICATIONS UTILITIES .16
(5) A
PROPERTY OWNER HAS THE FOLLOWING PERMITTED REASONS
17
TO REFUSE ACCESS TO THE MULTIUNIT BUILDING :18
(a) T
HE PROVIDER HAS FAILED OR REFUSED TO COMPLY WITH
19
REASONABLY CONDITIONS AS SET FORTH IN SUBSECTION (4) OF THIS20
SECTION;21
(b) T
HE PROVIDER IS NOT LICENSED AND AUTHORIZED ;
22
(c) T
HE PROVIDER CANNOT VERIFY THAT ONE OR MORE TENANTS
23
HAVE MADE A REQUEST FOR SERVICE ;24
(d) T
HE PROPERTY OWNER CAN DEMONSTRATE THAT PHYSICAL
25
LIMITATIONS AT THE PROPERTY PROHIBIT THE PROVIDER FROM INSTALLING26
THE FACILITIES AND EQUIPMENT IN EXISTING SPACE;27
1334
-10- (e) THE INSTALLATION WOULD HAVE SIGNIFICANTLY ADVERSE1
EFFECT ON HISTORICAL OR ARCHITECTURALLY SIGNIFICANT ELEMENTS OF2
THE PROPERTY;3
(f) T
HE INSTALLATION WOULD RESULT IN ENVIRONMENTAL HARM
4
SUCH AS THE DISTURBANCE OF ASBESTOS OR LEAD PAINT ;5
(g) T
HE INSTALLATION WOULD HAVE SIGNIFICANT ADVERSE
6
EFFECT ON THE ABILITY OF EXISTING PROVIDERS TO PROVIDE SERVICES TO7
THE MULTIUNIT BUILDING;8
(h) T
HE INSTALLATION WOULD CAUSE UNDUE DAMAGE TO THE
9
MULTIUNIT BUILDING OR IMPAIR THE USE OF THE PROPERTY FOR THE10
CONTINUED PROVISION OF ESSENTIAL SERVICES TO TENANTS ; OR11
(i) T
HE PARTIES DO NOT RESOLVE A DISPUTE CONCERNING ANY
12
JUST AND REASONABLE COMPENSATION TO THE PROPERTY OWNER FOR13
ALLOWING ACCESS AND USE OF THE PROPERTY THROUGH MEDIATION IN14
ACCORDANCE WITH SECTION 13-22-305, OR, IF UNABLE TO REACH AN15
AGREEMENT THROUGH MEDIATION , THROUGH ANY ENSUING ALTERNATIVE16
DISPUTE RESOLUTION OR LITIGATION IN WHICH EACH PARTY IS17
RESPONSIBLE FOR PAYING ITS OWN COSTS AND EXPENSES .18
(6) A
PROPERTY OWNER SHALL NOT DISCRIMINATE IN RENTAL
19
CHARGES OR OTHERWISE AGAINST ANY TENANT OR LESSEE REQUESTING OR20
RECEIVING BROADBAND INTERNET SERVICE UNDER THIS SECTION .21
(7) I
F THERE IS A DISPUTE CONCERNING THE LEGAL RIGHTS AND
22
OBLIGATIONS PURSUANT TO THIS ARTICLE , A PROPERTY OWNER AND23
PROVIDER MUST ATTEMPT TO RESOLVE ANY DISPUTE THROUGH THE24
MEDIATION PROCESS PURSUANT TO SECTION 13-22-305 BEFORE A LAWSUIT25
IS COMMENCED. IF THE PARTIES DO NOT ATTEMPT TO RESOLVE THE26
DISPUTE THROUGH MEDIATION IN ACCORDANCE WITH SECTION 13-22-305,27
1334
-11- THE PARTIES WILL EACH PAY THE COST ASSOCIATED WITH AN1
ALTERNATIVE DISPUTE RESOLUTION . 2
29-27-503. Just and reasonable compensation. (1) A
PROPERTY
3
OWNER , AS DEFINED IN SECTION 29-27-501 (5), IS ENTITLED TO JUST AND4
REASONABLE COMPENSATION FROM A PROVIDER , AS DEFINED IN SECTION5
29-27-501
(6), THAT OBTAINS ACCESS TO A MULTIUNIT BUILDING , AS
6
DEFINED IN SECTION 29-27-501 (4), FROM A PROPERTY OWNER . THE7
PROPERTY OWNER AND THE REQUEST ING PROVIDER SHALL ATTEMPT TO8
REACH A MUTUALLY ACCEPTABLE AGREEMENT REGARDING REASONABLE9
AND NON-DISCRIMINATORY COMPENSATION DUE TO THE PROPERTY OWNER10
AS A RESULT OF THE REQUESTING PROVIDER 'S INSTALLATION OF11
BROADBAND FACILITIES. IN ESTABLISHING THE AMOUNT WHICH WILL12
CONSTITUTE REASONABLE COMPENSATION THE PARTIES SHALL CONSIDER :13
(a) T
HE EXTENT TO WHICH THE BROADBAND FACILITIES
14
PHYSICALLY OCCUPY THE PROPERTY ;15
(b) T
HE ACTUAL LONG-TERM DAMAGE THE BROADBAND FACILITIES
16
MAY CAUSE TO THE PROPERTY ;17
(c) T
HE EXTENT TO WHICH THE BROADBAND FACILITIES WOULD
18
INTERFERE WITH THE NORMAL USE AND ENJOYMENT OF THE PROPERTY ;19
(d) T
HE MONTHLY COST OF UTILITIES TO SERVICE THE PROVIDER 'S
20
BROADBAND FACILITIES; AND21
(e) T
HE DIMINUTION OR ENHANCEMENT IN VALUE OF THE
22
PROPERTY RESULTING FROM THE AVAILABILITY OF THE BROADBAND23
INTERNET SERVICE.24
SECTION 2. In Colorado Revised Statutes, add 38-12-224 as25
follows:26
38-12-224. Broadband internet service providers' access to27
1334
-12- property. A PROVIDER MAY ACCESS AND INSTALL ANY NECESSARY1
BROADBAND FACILITIES TO PROVIDE BROADBAND SERVICE TO ANY MOBILE2
HOME IN A MOBILE HOME PARK PURSUANT TO PART 5 OF ARTICLE 27 OF3
TITLE 29. A PROPERTY OWNER OF A MOBILE HOME PARK IS GRANTED ALL4
RIGHTS AFFORDED TO A PROPERTY OWNER IN ACCORDANCE WITH PART 55
OF ARTICLE 27 OF TITLE 29.6
SECTION 3. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly; except9
that, if a referendum petition is filed pursuant to section 1 (3) of article V10
of the state constitution against this act or an item, section, or part of this11
act within such period, then the act, item, section, or part will not take12
effect unless approved by the people at the general election to be held in13
November 2024 and, in such case, will take effect on the date of the14
official declaration of the vote thereon by the governor.15
1334
-13-