HOUSE BILL 24-1334
BY REPRESENTATIVE(S) Boesenecker, Amabile, Brown, Duran, Epps,
Froelich, Hamrick, Herod, Jodeh, Joseph, Kipp, Lindsay, Lukens, Marvin,
Mauro, Sirota, Titone, Vigil, English, Mabrey, Ortiz, Parenti, Ricks,
Weissman, Woodrow;
also SENATOR(S) Hansen, Bridges, Buckner, Exum, Priola, Roberts.
C
ONCERNING THE AUTHORIZATION OF A BROADB AND PROVIDER 'S
INSTALLATION OF NECESSARY BROADBAND INFRASTRUCTURE IN
MULTIUNIT BUILDINGS
, AND, IN CONNECTION THEREWITH, SPECIFYING
LEGAL OBLIGATIONS AND RIGHTS RELATING TO THE INSTALLATION OF
BROADBAND INFRASTRUCTURE IN SUCH BUILDINGS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 5 to article 27
of title 29 as follows:
PART 5
ACCESS TO MULTIUNIT BUILDINGS
29-27-501. Definitions. A
S USED IN THIS PART 5, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (1) "BROADBAND FACILITY" HAS THE SAME MEANING AS SET FORTH
IN SECTION
29-27-402 (1.5), BUT ONLY AS NECESSARY TO PROVIDE
BROADBAND INTERNET SERVICES TO MULTIUNIT BUILDINGS AND DOES NOT
INCLUDE TOWERS
, POLES, BUILDINGS, OR ENCLOSURES LARGER THAN FOUR
CUBIC FEET UNLESS THE PROPERTY OWNER OR MOBILE HOME PARK
LANDLORD GRANTS PERMISSION TO INSTALL ANY SUCH FACILITY
.
(2) "B
ROADBAND INTERNET SERVICE " MEANS A RETAIL SERVICE
THAT TRANSMITS AND RECEIVES DATA FROM A CUSTOMER
'S PROPERTY OR
DETERMINED POINT OF PRESENCE TO SUBSTANTIALLY ALL INTERNET
ENDPOINTS
. THE TERM INCLUDES ANY CAPABILITIES THAT ARE INCIDENTAL
TO AND ENABLE THE OPERATION OF BROADBAND INTERNET SERVICE
.
(3) "M
OBILE HOME PARK LANDLORD " HAS THE SAME MEANING AS
"MANAGEMENT" OR "LANDLORD", AS SET FORTH IN SECTION 38-12-201.5 (3).
(4) "M
ULTIUNIT BUILDING" MEANS A RESIDENTIAL MULTIDWELLING
BUILDING OR A MOBILE HOME PARK
. A "MULTIUNIT BUILDING" DOES NOT
MEAN A COMMERCIAL OR NONRESIDENTIAL BUILDING
.
(5) "P
ROPERTY OWNER" MEANS THE OWNER OF A MULTIUNIT
BUILDING OR THE MANAGER OF A MULTIUNIT BUILDING ACTING ON BEHALF
OF THE OWNER
.
(6) "P
ROVIDER" MEANS A LICENSED PROVIDER OF BROADBAND
INTERNET SERVICES INCLUDING PRIVATE PROVIDERS AND PROVIDERS
FINANCED BY A LOCAL GOVERNMENT
.
(7) "R
EQUEST FOR SERVICE" MEANS AN EXPRESSION OF INTEREST
FROM A TENANT HAVING A TENANCY IN A MULTIUNIT BUILDING RECEIVED BY
A PROVIDER EITHER BY MAIL
, TELEPHONE IN WHICH ANY SUCH TELEPHONIC
REQUEST IS MEMORIALIZED IN WRITING SIGNED BY THE TENANT
, OR E-MAIL.
A
CONTACT BETWEEN A TENANT AND A PROVIDER THROUGH A SIGN -UP LIST
CONTAINED ON THE PROVIDER
'S WEBSITE WILL BE DEEMED A REQUEST FOR
SERVICE AFTER THE PROVIDER CONFIRMS THE REQUEST IN WRITING AND
OBTAINS A SIGNATURE BY THE TENANT
.
29-27-502. Broadband internet service providers' access to a
multiunit building. (1) S
UBJECT TO A PROPERTY OWNER 'S RIGHTS TO
MANAGE ACCESS TO ITS PROPERTY PURS UANT TO SUBSECTION
(4) OF THIS
PAGE 2-HOUSE BILL 24-1334 SECTION, A PROVIDER MAY ACCESS AND INSTALL ANY NECESSARY
BROADBAND FACILITIES TO PROVIDE HIGH
-SPEED BROADBAND INTERNET
SERVICE TO A MULTIUNIT BUILDING IF
:
(a) (I) T
HE PROVIDER PROVIDES SIXTY-DAY PRIOR WRITTEN NOTICE
OF INTENT TO ACCESS THE PROPERTY TO INSTALL THE NECESSARY
BROADBAND FACILITY TO PROVIDE BROADBAND INTERNET SERVICE TO THE
PROPERTY OWNER IN ACCORDANCE WITH SUBSECTION
(2) OF THIS SECTION.
A
N OWNER'S FAILURE TO RESPOND TO THE NOTICE WITHIN SIXTY DAYS IS
DEEMED TO BE AUTHORIZATION FOR ACCESS AFTER A MINIMUM OF TWO
ATTEMPTS TO NOTIFY THE OWNER HAVE BEEN MADE
.
(II) I
F A PROPERTY OWNER IS NONRESPONSIVE OR REFUSES TO
ENGAGE WITH THE PROVIDER IN REGARDS TO THE AESTHETICS OF THE
PROPERTY
, THE PROVIDER SHALL INSTALL BROADBAND FACILITIES IN
ACCORDANCE WITH HOW THE BROADB AND INTERNET SERVICE PROVIDER HAS
REASONABLY ASSESSED AS MEETING THE AESTHETICS OF THE PROPERTY
.
(b) T
HE PROVIDER PROVIDES TO THE PROPERTY OWNER AN ACCESS
AGREEMENT THAT
:
(I) C
OMPLIES WITH ALL FEDERAL LAWS AND REGULATIONS , STATE
LAWS AND RULES
, AND LOCAL ORDINANCES , RESOLUTIONS, AND
REGULATIONS
, INCLUDING ANY DECLARATORY RULING FROM THE FEDERAL
COMMUNICATIONS COMMISSION BARRING EXCLUSIVE REVENUE SHARING
AGREEMENTS AND GRADUATED REVENUE SHARING AGREEMENTS AND ANY
SALE AND LEASEBACK AGREEMENTS UNDER WHICH A PROVIDER TRANSFERS
OWNERSHIP OF ANY INSIDE WIRE ARRANGEMENTS TO THE OWNER OF A
MULTIDWELLING RESIDENTIAL BUILDING AND THEN LEASES THE WIRE BACK
FROM THE PROPERTY OWNER
;
(II) G
RANTS THE PROVIDER A NON -EXCLUSIVE LICENSE TO
CONSTRUCT
, REPLACE, MAINTAIN, REPAIR, OPERATE, REMOVE, AND THE
OBLIGATION TO INSTALL
, AT THE PROVIDER 'S SOLE EXPENSE, ALL
BROADBAND FACILITIES OR OTHER EQUIPMENT NECESSARY OR REQUIRED FOR
DISTRIBUTING ANY BROADB AND INTERNET SERVICE AND ANY
ACCOMPANYING SERVICE DISTRIBUTED OVER THE HIGH
-SPEED BROADBAND
INTERNET INFRASTRUCTURE ONLY TO THE EXTENT NECESSARY TO PROVIDE
HIGH
-SPEED BROADBAND INTERNET SERVICE TO THE MULTIUNIT BUILDING .
A
PROPERTY OWNER RESERVES SOLE CONTROL OVER ALL USE AND
PAGE 3-HOUSE BILL 24-1334 OPERATING RIGHTS TO ANY EXISTING OR PLANNED WIRING AND
INFRASTRUCTURE THAT THE PROPERTY OWNER OWNS
. THE PROVIDER SHALL
NOT CONNECT OR USE ANY CONDUIT
, WIRING, OR INFRASTRUCTURE OWNED
BY OR IN USE BY A THIRD
-PARTY PROVIDER UNLESS THE PROVIDER IS
GRANTED PERMISSION BY THE THIRD
-PARTY PROVIDER THAT OWNS ANY
SUCH CONDUIT
, WIRING, OR INFRASTRUCTURE OR GRANTED PERMISSION TO
USE ANY SUCH CONDUIT
, WIRING, OR INFRASTRUCTURE BY THE PROPERTY
OWNER
.
(III) G
RANTS THE PROVIDER ACCESS TO THE PROPERTY DURING
NORMAL BUSINESS HOURS OR AT ANY TIME DURING AN EMERGENCY TO
INSTALL OR REPAIR ANY BROADBAND FACILITY
;
(IV) R
EQUIRES THE PROVIDER TO OBTAIN CONSENT FROM ANY
TENANT OF THE MULTIUNIT BUILDING OR MOBILE HOME PARK PRIOR TO
ENTERING THE TENANT
'S PREMISES AND INSTALLING OR REPAIRING ANY
NECESSARY BROADBAND FACILITY
;
(V) G
RANTS THE PROVIDER ALL OWNERSHIP INTEREST IN ANY
BROADBAND FACILITY EXCEPT WHERE A FACILITY MAY BE DEEMED TO BE
AFFIXED TO THE REAL PROPERTY AND CONSIDERED A FIXTURE OF THE
PROPERTY IN WHICH THE OWNER OF THE PROPERTY RETAINS OWNERSHIP
INTEREST OF THE FIXTURE
;
(VI) R
EQUIRES THE PROVIDER TO BE RESPONSIBLE FOR MAINTAINING
THE BROADBAND FACILITIES IN GOOD ORDER AND PROMPTLY REPAIRING ANY
DAMAGE TO THE PROPERTY CAUSED BY THE PROVIDER
;
(VII) R
ELEASES AND INDEMNIFIES THE PROPERTY OWNER FROM ANY
LIABILITY FOR ANY DAMAGE OR LOSS TO THE BROADBAND FACILITY
, OTHER
FACILITIES AT THE PROPERTY
, OR ANY OTHER PROPERTY OF THE PROPERTY
OWNER EXCEPT RESULTING FROM THE OWNER
'S WILLFUL MISCONDUCT OR
GROSS NEGLIGENCE OR IN INSTANCES WHERE ANY SUCH INDEMNIFICATION
IS CONTRARY TO ANY OTHER STATE LAW
, ANY LOCAL ORDINANCE, OR ANY
LOCAL REGULATIONS
. NOTHING IN THIS SUBSECTION (1)(b)(VII) SHALL BE
CONSTRUED AS ALLEVIATING A PROVIDER FROM BEING LIABLE TO A
PROPERTY OWNER FOR ANY REPAIR OF DAMAGE OR LOSS CAUSED BY THE
PROVIDER
;
(VIII) R
EQUIRES THE BROADBAND INTERNET SERVICE PROVIDER TO
PAGE 4-HOUSE BILL 24-1334 MAINTAIN INSURANCE THAT WILL INSURE ITS OBLIGATIONS UNDER THE
ACCESS AGREEMENT WHICH COVERAGES SHALL BE IN COMMERCIALLY
REASONABLE AMOUNTS AND SHALL INCLUDE COVERAGES FOR WORKER
'S
COMPENSATION
, PROPERTY DAMAGE, AND GENERAL LIABILITY;
(IX) R
ELEASES THE PROVIDER AND THE PROPERTY OWNER FROM ANY
INDIRECT
, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY
FAILURE TO PERFORM ITS OBLIGATION UNDER THE ACCESS AGREEMENT IF
THE FAILURE IS CAUSED BY AN ACT OF
GOD, ACCIDENT, FIRE, ACT OF
GOVERNMENT
, OR OTHER CAUSE OF SIMILAR NATURE BEYOND THE OBLIGOR 'S
REASONABLE CONTROL
;
(X) S
TIPULATES THAT THE BROADBAND INTERNET SERVICE PROVIDER
IS RESPONSIBLE FOR REMOVING THE BROADBAND FACILITY AND REPAIRING
ALL DAMAGE CAUSED BY SUCH REMOVAL
, WITHIN NINETY DAYS OF THE
EXPIRATION OR TERMINATION OF THE ACCESS AGREEMENT
, AT THE SOLE
COST AND EXPENSE OF THE PROVIDER
. THE BROADBAND INTERNET SERVICE
PROVIDER MUST LEAVE THE BROADBAND FACILITY IN PLACE IF THE FACILITY
BECOMES THE PROPERTY OF THE MULTIUNIT BUILDING OWNER IN
ACCORDANCE WITH LAWS REGARDING FIXTURES
.
(XI) W
ARRANTS THAT THE PROVIDER WILL NOT INTERFERE WITH
OTHER SERVICES PROVIDED TO OR USED BY THE MULTIUNIT PROPERTY OR
REQUIRE THE PROPERTY OWNER TO PROVIDE ANY SERVICES TO THE
PROVIDER
;
(XII) I
NCLUDES A FULL DESCRIPTION OF THE AREAS OF THE
PROPERTY WHERE EQUIPMENT RELATED TO THE BROADBAND FACILITY WILL
BE LOCATED THAT IS REASONABLY LIMITED TO ONLY THOSE AREAS AS
NECESSARY TO PROVIDE HIGH
-SPEED BROADBAND INTERNET SERVICE TO THE
MULTIUNIT BUILDING
, IS CONTAINED WITHIN EXISTING UTILITY EASEMENTS
WHENEVER POSSIBLE
, AND IS SUBJECT TO THE PROPERTY OWNER'S RIGHT TO
DETERMINE THE LOCATION OF THE EQUIPMENT OR ANY RELOCATION OF THE
EQUIPMENT REQUIRED BY FUTURE DEVELOPMENT OF THE PROPERTY
;
(XIII) R
EQUIRES THE INSTALLATION MUST BE DONE IN ACCORDANCE
WITH INDUSTRY BEST PRACTICES
, INCLUDING AESTHETIC BEST PRACTICES,
AND IN INCORPORATED AREAS, EXTERIOR INFRASTRUCTURE MUST BE AT OR
BELOW GRADE
;
PAGE 5-HOUSE BILL 24-1334 (XIV) REQUIRES THE PROVIDER TO ASSUME ALL COSTS FOR DAMAGE
RELATED TO CONSTRUCTION AS A RESULT OF THE UNLOCATED PRIVATE
UTILITIES ON THE PROPERTY
;
(XV) R
EQUIRES THE PROVIDER TO AVOID ANY DEVIATION FROM THE
GENERAL AESTHETICS OF A BUILDING WHEN INSTALLING ANY BROADBAND
FACILITIES WHEN IT IS PRACTICABLE AND DOES NOT CAUSE ANY UNDUE
HARDSHIP ON THE BROADBAND INTERNET SERVICE PROVIDER
.
(XVI) H
AS A FIXED TERM AND IS NOT PERPETUAL IN NATURE ;
(XVII) S
TATES THAT THE TERMS, CONDITIONS, CHARGES, AND FEES
FOR BROADBAND INTERNET SERVICES PROVIDED TO TE NANTS AT A PROPERTY
SHALL BE BETWEEN THE PROVIDER AND INDIVIDUAL TENANTS
, THAT A
PROPERTY OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR SERVICE
CHARGES CONTRACTED FOR BY TENANTS
, THAT ALL BILLING AND
COLLECTIONS FROM TENANTS WILL BE ACCOMPLISHED BY THE PROVIDER
,
AND THAT A PROPERTY OWNER HAS NO OBLIGATION TO PROVIDE
INFORMATION REGARDING TENANTS OR TO COLLECT ANY AMOUNTS ON
BEHALF OF THE PROVIDER
; AND
(XVIII) STATES THAT A TENANT OF AN INDIVIDUALLY OWNED AND
AN OWNER
-OCCUPIED UNIT IN A MULTIUNIT RESIDENTIAL BUILDING ,
INCLUDING A CONDO OWNER, MUST OBTAIN APPROVAL FROM THE OWNER OF
THAT INDIVIDUALLY OWNED UNIT BEFORE A PROVIDER MAY INSTALL OR
PROVIDE SERVICE TO THAT UNIT
.
(2) T
HE NOTICE REQUIRED BY SUBSECTION (1)(a) OF THIS SECTION
MUST BE SENT BY CERTIFIED MAIL
, RETURN RECEIPT REQUESTED, WITH A
COPY SENT BY E
-MAIL AND MUST:
(a) C
ONTAIN A STATEMENT THAT THE PROVIDER :
(I) I
S AUTHORIZED TO PROVIDE COMMUNICATION SERVICES IN THE
PROPERTY
;
(II) H
AS RECEIVED A VALID REQUEST FROM A TENANT IN THE
PROPERTY AND THAT IDENTIFIES THE UNIT OCCUPIED BY SUCH TENANT
. IN
INSTANCES WHERE THE REQUEST FOR SERVICE IS MADE BY A TENANT IN A
CONDOMINIUM UNIT AS DEFINED IN SECTION
38-33-103, THE TENANT MUST
PAGE 6-HOUSE BILL 24-1334 PROVIDE EVIDENCE OF PRIOR WRITTEN CONSENT OF THE CONDOMINIUM
OWNER IN ORDER FOR THE REQUEST TO BE DEEMED VALID
;
(III) W
HEN INSTALLING, OPERATING, MAINTAINING, OR REMOVING
EQUIPMENT FROM THE PROPERTY
, WILL CONFORM TO SUCH REASONABLE
CONDITIONS AS THE PROPERTY OWNER DEEMS NECESSARY TO PROTECT THE
SAFETY
, FUNCTIONING, AND APPEARANCE OF THE PROPERTY AND THE
CONVENIENCE AND WELL
-BEING OF ALL OCCUPANTS;
(IV) W
ILL PAY THE PROPERTY OWNER JUST AND REASONABLE
COMPENSATION FOR ITS USE OF THE PROPERTY
; AND
(V) WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PROPERTY
OWNER FOR ANY DAMAGE CAUSED BY THE INSTALLATION
, OPERATION,
MAINTENANCE, OR REMOVAL OF ITS FACILITIES FROM THE PROPERTY UNLESS
ANY SUCH INDEMNIFICATION IS CONTRARY TO ANY OTHER STATE LAW
, ANY
LOCAL ORDINANCE
, OR ANY LOCAL REGULATION;
(b) I
NCLUDE A FULL DESCRIPTION OF THE AREAS OF THE PROPERTY
THAT WILL BE ACCESSED
, A DETAILED DESCRIPTION OF THE PROVIDER 'S
PLANS AND SPECIFICATION FOR WORK TO BE PERFORMED AND FACILITIES OR
EQUIPMENT TO BE INSTALLED
, INCLUDING ANY REQUIRED UTILITY
CONNECTIONS AND THE ELECTRICAL DEMAND OF THE FACILITIES AND
EQUIPMENT TO BE INSTALLED
, THE TYPE OF BROADBAND FACILITY THAT WILL
BE NECESSARY
, THE EXPECTED TIME FRAME NEEDED FOR THE DEPLOYMENT
OF INFRASTRUCTURE
, INCLUDING THE DATE AND TIMES THAT THE PROVIDER
PROPOSES TO START AND COMPLETE THE INSTALLATION
; AND
(c) INCLUDE AN EXPLANATION OF ALL THE LEGAL OBLIGATIONS AND
RIGHTS OF THE PROVIDER AND THE OWNER OF THE MULTIUNIT BUILDING IN
ACCORDANCE WITH SUBSECTION
(1)(b) OF THIS SECTION, INCLUDING THAT
THE PROPERTY OWNER HAS CERTAIN LIMITED RIGHTS TO REFUSE ACCESS TO
THE MULTIUNIT PROPERTY
.
(3) N
OTHING IN THIS SECTION SHOULD BE CONSTRUED TO PERMIT A
PROVIDER TO IDENTIFY AND SEEK REPAIR FOR ANY STRUCTURAL
DEFICIENCIES NOT RELATED TO THE DIRECT NEED FOR INSTALLING THE
BROADBAND FACILITY OR TO INSTALL BROADB AND FACILITIES FOR PURPOSES
BEYOND PROVIDING SERVICE TO THE MULTIUNIT BUILDINGS
.
PAGE 7-HOUSE BILL 24-1334 (4) FOR PURPOSES OF THIS SECTION AND SECTION 38-12-244, A
PROPERTY OWNER
'S RIGHTS TO MANAGE ACCESS INCLUDE THE PROPERTY
OWNER
'S RIGHTS TO:
(a) I
MPOSE CONDITIONS ON THE PROVIDER THAT ARE REASONABLY
NECESSARY TO PROTECT THE
:
(I) S
AFETY, SECURITY, APPEARANCE, AND CONDITION OF THE
PROPERTY
; AND
(II) SAFETY AND CONVENIENCE OF OTHER PERSONS ;
(b) I
MPOSE A REASONABLE LIMITATION ON THE TIME AT WHICH THE
PROVIDER MAY HAVE ACCESS TO THE PROPERTY FOR ANY REASON
; AND
(c) REQUIRE THE PROVIDER TO PAY COMPENSATION FOR SUCH
ACCESS THAT IS REASONABLE AND NONDISCRIMINATORY AMONG SUCH
TELECOMMUNICATIONS UTILITIES
.
(5) A
PROPERTY OWNER HAS THE FOLLOWING PERMITTED REASONS
TO REFUSE ACCESS TO THE MULTIUNIT BUILDING
:
(a) T
HE PROVIDER HAS FAILED OR REFUSED TO COMPLY WITH
REASONABLE CONDITIONS AS SET FORTH IN SUBSECTION
(4) OF THIS SECTION;
(b) T
HE PROVIDER IS NOT LICENSED AND AUTHORIZED ;
(c) T
HE PROVIDER CANNOT VERIFY THAT ONE OR MORE TENANTS
HAVE MADE A REQUEST FOR SERVICE
;
(d) T
HE PROPERTY OWNER CAN DEMONSTRATE THAT PHYSICAL
LIMITATIONS AT THE PROPERTY PROHIBIT THE PROVIDER FROM INSTALLING
THE FACILITIES AND EQUIPMENT IN EXISTING SPACE
;
(e) T
HE INSTALLATION WOULD HAVE SIGNIFICANTLY ADVERSE
EFFECT ON HISTORICAL OR ARCHITECTURALLY SIGNIFICANT ELEMENTS OF
THE PROPERTY
;
(f) T
HE INSTALLATION WOULD RESULT IN ENVIRONMENTAL HARM
SUCH AS THE DISTURBANCE OF ASBESTOS OR LEAD PAINT
;
PAGE 8-HOUSE BILL 24-1334 (g) THE INSTALLATION WOULD HAVE SIGNIFICANT ADVERSE EFFECT
ON THE ABILITY OF EXISTING PROVIDERS TO PROVIDE SERVICES TO THE
MULTIUNIT BUILDING
;
(h) T
HE INSTALLATION WOULD CAUSE UNDUE DAMAGE TO THE
MULTIUNIT BUILDING OR IMPAIR THE USE OF THE PROPERTY FOR THE
CONTINUED PROVISION OF ESSENTIAL SERVICES TO TENANTS
; OR
(i) THE PARTIES DO NOT RESOLVE A DISPUTE CONCERNING ANY JUST
AND REASONABLE COMPENSATION TO THE PROPERTY OWNER FOR ALLOWING
ACCESS AND USE OF THE PROPERTY THROUGH MEDIATION IN ACCORDANCE
WITH SECTION
13-22-305, OR, IF UNABLE TO REACH AN AGREEMENT
THROUGH MEDIATION
, THROUGH ANY ENSUING ALTERNATIVE DISPUTE
RESOLUTION OR LITIGATION IN WHICH EACH PARTY IS RESPONSIBLE FOR
PAYING ITS OWN COSTS AND EXPENSES
.
(6) A
PROPERTY OWNER SHALL NOT DISCRIMINATE IN RENTAL
CHARGES OR OTHERWISE AGAINST ANY TENANT OR LESSEE REQUESTING OR
RECEIVING BROADBAND INTERNET SERVICE UNDER THIS SECTION
.
(7) I
F THERE IS A DISPUTE CONCERNING THE LEGAL RIGHTS AND
OBLIGATIONS PURSUANT TO THIS ARTICLE
, A PROPERTY OWNER AND
PROVIDER MUST ATTEMPT TO RESOLVE ANY DISPUTE THROUGH THE
MEDIATION PROCESS PURSUANT TO SECTION
13-22-305 BEFORE A LAWSUIT
IS COMMENCED
. IF THE PARTIES DO NOT ATTEMPT TO RESOLVE THE DISPUTE
THROUGH MEDIATION IN ACCOR DANCE WITH SECTION
13-22-305, THE
PARTIES WILL EACH PAY THE COST ASSOCIATED WITH AN ALTERNATIVE
DISPUTE RESOLUTION
.
29-27-503. Just and reasonable compensation. (1) A
PROPERTY
OWNER
, AS DEFINED IN SECTION 29-27-501 (5), IS ENTITLED TO JUST AND
REASONABLE COMPENSATION FROM A PROVIDER
, AS DEFINED IN SECTION
29-27-501 (6), THAT OBTAINS ACCESS TO A MULTIUNIT BUILDING , AS
DEFINED IN SECTION
29-27-501 (4), FROM A PROPERTY OWNER . THE
PROPERTY OWNER AND THE REQUESTING PROVIDER SHALL ATTEMPT TO
REACH A MUTUALLY ACCEPTABLE AGREEMENT REGARDING REASONABLE
AND NON
-DISCRIMINATORY COMPENSATION DUE TO THE PROPERTY OWNER
AS A RESULT OF THE REQUESTING PROVIDER
'S INSTALLATION OF BROADBAND
FACILITIES
. IN ESTABLISHING THE AMOUNT WHICH WILL CONSTITUTE
REASONABLE COMPENSATION THE PARTIES SHALL CONSIDER
:
PAGE 9-HOUSE BILL 24-1334 (a) THE EXTENT TO WHICH THE BROADBAND FACILITIES PHYSICALLY
OCCUPY THE PROPERTY
;
(b) T
HE ACTUAL LONG-TERM DAMAGE THE BROADBAND FACILITIES
MAY CAUSE TO THE PROPERTY
;
(c) T
HE EXTENT TO WHICH THE BROADBAND FACILITIES WOULD
INTERFERE WITH THE NORMAL USE AND ENJOYMENT OF THE PROPERTY
;
(d) T
HE MONTHLY COST OF UTILITIES TO SERVICE THE PROVIDER 'S
BROADBAND FACILITIES
; AND
(e) THE DIMINUTION OR ENHANCEMENT IN VALUE OF THE PROPERTY
RESULTING FROM THE AVAILABILITY OF THE BR OADBAND INTERNET SERVICE
.
SECTION 2. In Colorado Revised Statutes, add 38-12-224 as
follows:
38-12-224. Broadband internet service providers' access to
property. A
PROVIDER MAY ACCESS AND INSTALL ANY NECESSARY
BROADBAND FACILITIES TO PROVIDE BROADBAND SERVICE TO ANY MOBILE
HOME IN A MOBILE HOME PARK PURSUANT TO PART
5 OF ARTICLE 27 OF TITLE
29. A PROPERTY OWNER OF A MOBILE HOME PARK IS GRANTED ALL RIGHTS
AFFORDED TO A PROPERTY OWNER IN ACCORDANCE WITH PART
5 OF ARTICLE
27 OF TITLE 29.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 10-HOUSE BILL 24-1334 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 11-HOUSE BILL 24-1334