Colorado 2024 Regular Session

Colorado House Bill HB1334 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0312.03 Jessica Herrera x4218
1	8		HOUSE BILL 24-1334
2		-	BY REPRESENTATIVE(S) Boesenecker, Amabile, Brown, Duran, Epps,
3		-	Froelich, Hamrick, Herod, Jodeh, Joseph, Kipp, Lindsay, Lukens, Marvin,
4		-	Mauro, Sirota, Titone, Vigil, English, Mabrey, Ortiz, Parenti, Ricks,
5		-	Weissman, Woodrow;
6		-	also SENATOR(S) Hansen, Bridges, Buckner, Exum, Priola, Roberts.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Business, Labor, & Technology
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING THE AUTHORIZATION OF A BROADB AND PROVIDER 'S
9		-	INSTALLATION OF NECESSARY BROADBAND INFRASTRUCTURE IN
10		-	MULTIUNIT BUILDINGS
11		-	, AND, IN CONNECTION THEREWITH, SPECIFYING
12		-	LEGAL OBLIGATIONS AND RIGHTS RELATING TO THE INSTALLATION OF
13		-	BROADBAND INFRASTRUCTURE IN SUCH BUILDINGS
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, add part 5 to article 27
18		-	of title 29 as follows:
19		-	PART 5
20		-	ACCESS TO MULTIUNIT BUILDINGS
	13	+	ONCERNING THE AUTHORIZATION OF A BROADBAND PROVIDER 'S101
	14	+	INSTALLATION OF NECESSARY BROADBAND INFRAST RUCTURE IN102
	15	+	MULTIUNIT BUILDINGS , AND, IN CONNECTION THEREWITH ,103
	16	+	SPECIFYING LEGAL OBLIGATIONS AND RIGHTS RELATING TO THE104
	17	+	INSTALLATION OF BROADBAND INFRASTRUCTURE IN SUCH105
	18	+	BUILDINGS.106
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov
	25	+	.)
	26	+	The bill prohibits a property owner (owner) of a multiunit building,
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	April 30, 2024
	30	+	SENATE
	31	+	Amended 2nd Reading
	32	+	April 29, 2024
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	March 25, 2024
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	March 22, 2024
	39	+	HOUSE SPONSORSHIP
	40	+	Boesenecker, Amabile, Brown, Duran, Epps, Froelich, Hamrick, Herod, Jodeh, Joseph,
	41	+	Kipp, Lindsay, Lukens, Marvin, Mauro, Sirota, Titone, Vigil
	42	+	SENATE SPONSORSHIP
	43	+	Hansen, Bridges, Buckner, Exum, Priola, Roberts
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. including a multidwelling and multitenant building and a mobile home
	47	+	park, from denying a broadband provider (provider) access to the property
	48	+	to install the necessary infrastructure to provide high-speed broadband
	49	+	service. The bill specifies the legal obligations and rights of both
	50	+	broadband providers and owners regarding the deployment of broadband
	51	+	infrastructure.
	52	+	Be it enacted by the General Assembly of the State of Colorado:1
	53	+	SECTION 1. In Colorado Revised Statutes, add part 5 to article2
	54	+	27 of title 29 as follows:3
	55	+	PART 54
	56	+	ACCESS TO MULTIUNIT BUILDINGS5
21	57		29-27-501. Definitions. A
22		-	S USED IN THIS PART 5, UNLESS THE
23		-	CONTEXT OTHERWISE REQUIRES
24		-	:
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. (1) "BROADBAND FACILITY" HAS THE SAME MEANING AS SET FORTH
33		-	IN SECTION
34		-	29-27-402 (1.5), BUT ONLY AS NECESSARY TO PROVIDE
35		-	BROADBAND INTERNET SERVICES TO MULTIUNIT BUILDINGS AND DOES NOT
36		-	INCLUDE TOWERS
37		-	, POLES, BUILDINGS, OR ENCLOSURES LARGER THAN FOUR
38		-	CUBIC FEET UNLESS THE PROPERTY OWNER OR MOBILE HOME PARK
39		-	LANDLORD GRANTS PERMISSION TO INSTALL ANY SUCH FACILITY
40		-	.
	58	+	S USED IN THIS PART 5, UNLESS THE6
	59	+	CONTEXT OTHERWISE REQUIRES :7
	60	+	(1) "B
	61	+	ROADBAND FACILITY" HAS THE SAME MEANING AS SET8
	62	+	FORTH IN SECTION 29-27-402
	63	+	(1.5), BUT ONLY AS NECESSARY TO PROVIDE9
	64	+	BROADBAND INTERNET SERVICES TO MULTIUNIT BUILDINGS AND DOES NOT10
	65	+	INCLUDE TOWERS, POLES, BUILDINGS, OR ENCLOSURES LARGER THAN FOUR11
	66	+	CUBIC FEET UNLESS THE PROPERTY OWNER OR MOBILE HOME PARK12
	67	+	LANDLORD GRANTS PERMISSION TO INSTALL ANY SUCH FACILITY .13
41	68		(2) "B
42		-	ROADBAND INTERNET SERVICE " MEANS A RETAIL SERVICE
43		-	THAT TRANSMITS AND RECEIVES DATA FROM A CUSTOMER
44		-	'S PROPERTY OR
45		-	DETERMINED POINT OF PRESENCE TO SUBSTANTIALLY ALL INTERNET
46		-	ENDPOINTS
47		-	. THE TERM INCLUDES ANY CAPABILITIES THAT ARE INCIDENTAL
48		-	TO AND ENABLE THE OPERATION OF BROADBAND INTERNET SERVICE
49		-	.
50		-	(3) "M
51		-	OBILE HOME PARK LANDLORD " HAS THE SAME MEANING AS
52		-	"MANAGEMENT" OR "LANDLORD", AS SET FORTH IN SECTION 38-12-201.5 (3).
53		-	(4) "M
54		-	ULTIUNIT BUILDING" MEANS A RESIDENTIAL MULTIDWELLING
55		-	BUILDING OR A MOBILE HOME PARK
56		-	. A "MULTIUNIT BUILDING" DOES NOT
57		-	MEAN A COMMERCIAL OR NONRESIDENTIAL BUILDING
58		-	.
	69	+	ROADBAND INTERNET SERVICE " MEANS
	70	+	A RETAIL SERVICE14
	71	+	THAT TRANSMITS AND RECEIVES DATA FROM A CUSTOMER'S PROPERTY OR15
	72	+	DETERMINED POINT OF PRESENCE TO SUBSTANTIALLY ALL INTERNET16
	73	+	ENDPOINTS. THE TERM INCLUDES ANY CAPABILITIES THAT ARE INCIDENTAL17
	74	+	TO AND ENABLE THE OPERATION OF BROADBAND INTERNET SERVICE .18
	75	+	19
	76	+	(3) "MOBILE HOME PARK LANDLORD " HAS THE SAME MEANING AS20
	77	+	"
	78	+	MANAGEMENT" OR "LANDLORD", AS SET FORTH IN SECTION 38-12-201.521
	79	+	(3).22
	80	+	1334-2- (4) "MULTIUNIT BUILDING " MEANS A RESIDENTIAL1
	81	+	MULTIDWELLING BUILDING OR A MOBILE HOME PARK. A "MULTIUNIT2
	82	+	BUILDING" DOES NOT MEAN A COMMERCIAL OR NONRESIDENTIAL3
	83	+	BUILDING.4
59	84		(5) "P
60	85		ROPERTY OWNER" MEANS THE OWNER OF A MULTIUNIT
61		-	~~BUILDING OR THE MANAGER OF A MULTIUNIT BUILDING ACTING ON BEHALF~~
62		-	OF THE ~~OWNER~~
63		-	.
	86	+	5
	87	+	BUILDING OR THE MANAGER OF A MULTIUNIT BUILDING ACTING ON BEHALF6
	88	+	OF THE OWNER.7
64	89		(6) "P
65	90		ROVIDER" MEANS A LICENSED PROVIDER OF BROADBAND
66		-	~~INTERNET SERVICES INCLUDING PRIVATE PROVIDERS AND PROVIDERS~~
67		-	~~FINANCED BY A LOCAL GOVERNMENT~~
68		-	.
	91	+	8
	92	+	INTERNET SERVICES INCLUDING PRIVATE PROVIDERS AND PROVIDERS9
	93	+	FINANCED BY A LOCAL GOVERNMENT .10
69	94		(7) "R
70	95		EQUEST FOR SERVICE" MEANS AN EXPRESSION OF INTEREST
71		-	FROM A TENANT HAVING A TENANCY IN A MULTIUNIT BUILDING RECEIVED BY
72		-	A PROVIDER EITHER BY MAIL
73		-	, TELEPHONE IN WHICH ANY SUCH TELEPHONIC
74		-	REQUEST IS MEMORIALIZED IN WRITING SIGNED BY THE TENANT
75		-	, OR E-MAIL.
76		-	A
77		-	CONTACT BETWEEN A TENANT AND A PROVIDER THROUGH A SIGN -UP LIST
78		-	CONTAINED ON THE PROVIDER
79		-	'S WEBSITE WILL BE DEEMED A REQUEST FOR
80		-	SERVICE AFTER THE PROVIDER CONFIRMS THE REQUEST IN WRITING AND
81		-	OBTAINS A SIGNATURE BY THE TENANT
82		-	.
83		-	29-27-502. Broadband internet service providers' access to a
84		-	multiunit building. (1) S
85		-	UBJECT TO A PROPERTY OWNER 'S RIGHTS TO
86		-	MANAGE ACCESS TO ITS PROPERTY PURS UANT TO SUBSECTION
87		-	(4) OF THIS
88		-	PAGE 2-HOUSE BILL 24-1334 SECTION, A PROVIDER MAY ACCESS AND INSTALL ANY NECESSARY
89		-	BROADBAND FACILITIES TO PROVIDE HIGH
90		-	-SPEED BROADBAND INTERNET
91		-	SERVICE TO A MULTIUNIT BUILDING IF
92		-	:
93		-	(a) (I) T
94		-	HE PROVIDER PROVIDES SIXTY-DAY PRIOR WRITTEN NOTICE
95		-	OF INTENT TO ACCESS THE PROPERTY TO INSTALL THE NECESSARY
96		-	BROADBAND FACILITY TO PROVIDE BROADBAND INTERNET SERVICE TO THE
97		-	PROPERTY OWNER IN ACCORDANCE WITH SUBSECTION
98		-	(2) OF THIS SECTION.
99		-	A
100		-	N OWNER'S FAILURE TO RESPOND TO THE NOTICE WITHIN SIXTY DAYS IS
101		-	DEEMED TO BE AUTHORIZATION FOR ACCESS AFTER A MINIMUM OF TWO
102		-	ATTEMPTS TO NOTIFY THE OWNER HAVE BEEN MADE
103		-	.
	96	+	11
	97	+	FROM A TENANT HAVING A TENANCY IN A MULTIUNIT BUILDING RECEIVED12
	98	+	BY A PROVIDER EITHER BY MAIL , TELEPHONE IN WHICH ANY SUCH13
	99	+	TELEPHONIC REQUEST IS MEMORIALIZED IN WRITING SIGNED BY THE14
	100	+	TENANT, OR E-MAIL. A CONTACT BETWEEN A TENANT AND A PROVIDER15
	101	+	THROUGH A SIGN-UP LIST CONTAINED ON THE PROVIDER'S WEBSITE WILL16
	102	+	BE DEEMED A REQUEST FOR SERVICE AFTER THE PROVIDER CONFIRMS THE17
	103	+	REQUEST IN WRITING AND OBTAINS A SIGNATURE BY THE TENANT .18
	104	+	29-27-502. Broadband internet service providers' access to a19
	105	+	multiunit building. (1)
	106	+
	107	+	SUBJECT TO A PROPERTY OWNER'S RIGHTS TO20
	108	+	MANAGE ACCESS TO ITS PROPERTY PURSUANT TO SUBSECTION (4) OF THIS21
	109	+	SECTION, A PROVIDER MAY ACCESS AND INSTALL ANY NECESSARY22
	110	+	BROADBAND FACILITIES TO PROVIDE HIGH -SPEED BROADBAND INTERNET23
	111	+	SERVICE TO A MULTIUNIT BUILDING IF:24
	112	+	(a) (I) THE PROVIDER PROVIDES SIXTY-DAY PRIOR WRITTEN25
	113	+	NOTICE OF INTENT TO ACCESS THE PROPERTY TO INSTALL THE NECESSARY26
	114	+	BROADBAND FACILITY TO PROVIDE BROADBAND INTERNET SERVICE TO THE27
	115	+	1334
	116	+	-3- PROPERTY OWNER IN ACCORDANCE WITH SUBSECTION (2) OF THIS1
	117	+	SECTION. AN OWNER'S FAILURE TO RESPOND TO THE NOTICE WITHIN SIXTY2
	118	+	DAYS IS DEEMED TO BE AUTHORIZATION FOR ACCESS AFTER A MINIMUM3
	119	+	OF TWO ATTEMPTS TO NOTIFY THE OWNER HAVE BEEN MADE .4
104	120		(II) I
105	121		F A PROPERTY OWNER IS NONRESPONSIVE OR REFUSES TO
106		-	~~ENGAGE WITH THE PROVIDER IN REGARDS TO THE AESTHETICS OF THE~~
107		-	~~PROPERTY~~
108		-	, THE PROVIDER SHALL INSTALL BROADBAND FACILITIES IN
109		-	ACCORDANCE WITH HOW THE ~~BROADB AND~~ INTERNET SERVICE ~~PROVIDER HAS~~
110		-	REASONABLY ASSESSED AS MEETING THE AESTHETICS OF ~~THE PROPERTY~~
111		-	.
	122	+	5
	123	+	ENGAGE WITH THE PROVIDER IN REGARDS TO THE AESTHETICS OF THE6
	124	+	PROPERTY, THE PROVIDER SHALL INSTALL BROADBAND FACILITIES IN7
	125	+	ACCORDANCE WITH HOW THE BROADBAND INTERNET SERVICE PROVIDER8
	126	+	HAS REASONABLY ASSESSED AS MEETING THE AESTHETICS OF THE9
	127	+	PROPERTY.10
112	128		(b) T
113		-	HE ~~PROVIDER PROVIDES TO THE PROPERTY OWNER AN ACCESS~~
114		-	~~AGREEMENT THAT~~
115		-	:
	129	+	HE
	130	+	PROVIDER PROVIDES TO THE PROPERTY OWNER AN11
	131	+	ACCESS AGREEMENT THAT :12
116	132		(I) C
117		-	OMPLIES WITH ALL FEDERAL LAWS AND REGULATIONS , STATE
118		-	LAWS AND RULES
119		-	, AND LOCAL ORDINANCES , RESOLUTIONS, AND
120		-	REGULATIONS
121		-	, INCLUDING ANY DECLARATORY RULING FROM THE FEDERAL
122		-	COMMUNICATIONS COMMISSION BARRING EXCLUSIVE REVENUE SHARING
123		-	AGREEMENTS AND GRADUATED REVENUE SHARING AGREEMENTS AND ANY
124		-	SALE AND LEASEBACK AGREEMENTS UNDER WHICH A PROVIDER TRANSFERS
125		-	OWNERSHIP OF ANY INSIDE WIRE ARRANGEMENTS TO THE OWNER OF A
126		-	MULTIDWELLING RESIDENTIAL BUILDING AND THEN LEASES THE WIRE BACK
127		-	FROM THE PROPERTY OWNER
128		-	;
	133	+	OMPLIES WITH ALL FEDERAL LAWS AND REGULATIONS , STATE13
	134	+	LAWS AND RULES , AND LOCAL ORDINANCES , RESOLUTIONS, AND14
	135	+	REGULATIONS, INCLUDING ANY DECLARATORY RULING FROM THE FEDERAL15
	136	+	COMMUNICATIONS COMMISSION BARRING EXCLUSIVE REVENUE SHARING16
	137	+	AGREEMENTS AND GRADUATED REVENUE SHARING AGREEMENTS AND ANY17
	138	+	SALE AND LEASEBACK AGREEMENTS UNDER WHICH A
	139	+	PROVIDER18
	140	+	TRANSFERS OWNERSHIP OF ANY INSIDE WIRE ARRANGEMENTS TO THE19
	141	+	OWNER OF A MULTIDWELLING RESIDENTIAL BUILDING AND THEN LEASES20
	142	+	THE WIRE BACK FROM THE PROPERTY OWNER ;21
129	143		(II) G
130		-	RANTS THE PROVIDER A NON -EXCLUSIVE LICENSE TO
131		-	CONSTRUCT
132		-	, REPLACE, MAINTAIN, REPAIR, OPERATE, REMOVE, AND THE
133		-	OBLIGATION TO INSTALL
134		-	, AT THE PROVIDER 'S SOLE EXPENSE, ALL
135		-	BROADBAND FACILITIES OR OTHER EQUIPMENT NECESSARY OR REQUIRED FOR
136		-	DISTRIBUTING ANY BROADB AND INTERNET SERVICE AND ANY
137		-	ACCOMPANYING SERVICE DISTRIBUTED OVER THE HIGH
138		-	-SPEED BROADBAND
139		-	INTERNET INFRASTRUCTURE ONLY TO THE EXTENT NECESSARY TO PROVIDE
140		-	HIGH
141		-	-SPEED BROADBAND INTERNET SERVICE TO THE MULTIUNIT BUILDING .
142		-	A
143		-	PROPERTY OWNER RESERVES SOLE CONTROL OVER ALL USE AND
144		-	PAGE 3-HOUSE BILL 24-1334 OPERATING RIGHTS TO ANY EXISTING OR PLANNED WIRING AND
145		-	INFRASTRUCTURE THAT THE PROPERTY OWNER OWNS
146		-	. THE PROVIDER SHALL
147		-	NOT CONNECT OR USE ANY CONDUIT
148		-	, WIRING, OR INFRASTRUCTURE OWNED
149		-	BY OR IN USE BY A THIRD
150		-	-PARTY PROVIDER UNLESS THE PROVIDER IS
151		-	GRANTED PERMISSION BY THE THIRD
152		-	-PARTY PROVIDER THAT OWNS ANY
153		-	SUCH CONDUIT
154		-	, WIRING, OR INFRASTRUCTURE OR GRANTED PERMISSION TO
155		-	USE ANY SUCH CONDUIT
156		-	, WIRING, OR INFRASTRUCTURE BY THE PROPERTY
157		-	OWNER
158		-	.
	144	+	RANTS THE
	145	+	PROVIDER A NON-EXCLUSIVE LICENSE TO22
	146	+	CONSTRUCT, REPLACE, MAINTAIN, REPAIR, OPERATE, REMOVE, AND THE23
	147	+	OBLIGATION TO INSTALL, AT THE PROVIDER'S SOLE EXPENSE, ALL24
	148	+	BROADBAND FACILITIES OR OTHER EQUIPMENT NECESSARY OR25
	149	+	REQUIRED FOR DISTRIBUTING ANY BROADBAND INTERNET SERVICE AND26
	150	+	ANY ACCOMPANYING SERVICE DISTRIBUTED OVER THE HIGH -SPEED27
	151	+	1334
	152	+	-4- BROADBAND INTERNET INFRASTRUCTURE ONLY TO THE EXTENT1
	153	+	NECESSARY TO PROVIDE HIGH-SPEED BROADBAND INTERNET SERVICE TO2
	154	+	THE MULTIUNIT BUILDING. A PROPERTY OWNER RESERVES SOLE CONTROL3
	155	+	OVER ALL USE AND OPERATING RIGHTS TO ANY EXISTING OR PLANNED4
	156	+	WIRING AND INFRASTRUCTURE THAT THE PROPERTY OWNER OWNS . THE5
	157	+	PROVIDER SHALL NOT CONNECT OR USE ANY CONDUIT , WIRING, OR6
	158	+	INFRASTRUCTURE OWNED BY OR IN USE BY A THIRD -PARTY PROVIDER7
	159	+	UNLESS THE PROVIDER IS GRANTED PERMISSION BY THE THIRD -PARTY8
	160	+	PROVIDER THAT OWNS ANY SUCH CONDUIT , WIRING, OR INFRASTRUCTURE9
	161	+	OR GRANTED PERMISSION TO USE ANY SUCH CONDUIT , WIRING, OR10
	162	+	INFRASTRUCTURE BY THE PROPERTY OWNER .11
159	163		(III) G
160		-	RANTS THE ~~PROVIDER ACCESS TO THE PROPERTY DURING~~
161		-	~~NORMAL BUSINESS HOURS OR AT ANY TIME DURING AN EMERGENCY~~ TO
162		-	~~INSTALL~~ OR ~~REPAIR~~ ANY ~~BROADBAND FACILITY~~
163		-	;
	164	+	RANTS THE
	165	+	PROVIDER ACCESS TO THE PROPERTY DURING12
	166	+	NORMAL BUSINESS HOURS OR AT ANY TIME DURING AN EMERGENCY TO13
	167	+	INSTALL OR REPAIR ANY BROADBAND FACILITY ;14
164	168		(IV) R
165		-	EQUIRES THE PROVIDER TO OBTAIN CONSENT FROM ANY
166		-	TENANT OF THE MULTIUNIT BUILDING OR MOBILE HOME PARK PRIOR TO
167		-	ENTERING THE TENANT
168		-	'S PREMISES AND INSTALLING OR REPAIRING ANY
169		-	NECESSARY BROADBAND FACILITY
170		-	;
	169	+	EQUIRES THE
	170	+	PROVIDER TO OBTAIN CONSENT FROM ANY15
	171	+	TENANT OF THE MULTIUNIT BUILDING OR MOBILE HOME PARK PRIOR TO16
	172	+	ENTERING THE TENANT'S PREMISES AND INSTALLING OR REPAIRING ANY17
	173	+	NECESSARY BROADBAND FACILITY ;18
171	174		(V) G
172		-	RANTS THE ~~PROVIDER ALL OWNERSHIP INTEREST IN ANY~~
173		-	~~BROADBAND FACILITY EXCEPT WHERE A FACILITY MAY BE DEEMED TO BE~~
174		-	~~AFFIXED~~ TO ~~THE REAL PROPERTY AND CONSIDERED A FIXTURE OF THE~~
175		-	~~PROPERTY IN WHICH~~ THE ~~OWNER~~ OF ~~THE PROPERTY RETAINS OWNERSHIP~~
176		-	~~INTEREST~~ OF THE ~~FIXTURE~~
177		-	;
	175	+	RANTS THE
	176	+	PROVIDER ALL OWNERSHIP INTEREST IN ANY19
	177	+	BROADBAND FACILITY EXCEPT WHERE A FACILITY MAY BE DEEMED TO BE20
	178	+	AFFIXED TO THE REAL PROPERTY AND CONSIDERED A FIXTURE OF THE21
	179	+	PROPERTY IN WHICH THE OWNER OF THE PROPERTY RETAINS OWNERSHIP22
	180	+	INTEREST OF THE FIXTURE;23
178	181		(VI) R
179		-	EQUIRES THE ~~PROVIDER TO BE RESPONSIBLE FOR MAINTAINING~~
180		-	~~THE BROADBAND FACILITIES IN GOOD ORDER AND PROMPTLY REPAIRING ANY~~
181		-	~~DAMAGE TO~~ THE ~~PROPERTY CAUSED BY THE PROVIDER~~
182		-	;
	182	+	EQUIRES THE
	183	+	PROVIDER TO BE RESPONSIBLE FOR24
	184	+	MAINTAINING THE BROADBAND FACILITIES IN GOOD ORDER AND PROMPTLY25
	185	+	REPAIRING ANY DAMAGE TO THE PROPERTY CAUSED BY THE PROVIDER;26
183	186		(VII) R
184		-	ELEASES AND INDEMNIFIES THE PROPERTY OWNER FROM ANY
185		-	LIABILITY FOR ANY DAMAGE OR LOSS TO THE BROADBAND FACILITY
186		-	, OTHER
187		-	FACILITIES AT THE PROPERTY
188		-	, OR ANY OTHER PROPERTY OF THE PROPERTY
189		-	OWNER EXCEPT RESULTING FROM THE OWNER
190		-	'S WILLFUL MISCONDUCT OR
191		-	GROSS NEGLIGENCE OR IN INSTANCES WHERE ANY SUCH INDEMNIFICATION
192		-	IS CONTRARY TO ANY OTHER STATE LAW
193		-	, ANY LOCAL ORDINANCE, OR ANY
194		-	LOCAL REGULATIONS
195		-	. NOTHING IN THIS SUBSECTION (1)(b)(VII) SHALL BE
196		-	CONSTRUED AS ALLEVIATING A PROVIDER FROM BEING LIABLE TO A
197		-	PROPERTY OWNER FOR ANY REPAIR OF DAMAGE OR LOSS CAUSED BY THE
198		-	PROVIDER
199		-	;
	187	+	ELEASES AND INDEMNIFIES
	188	+	THE PROPERTY OWNER FROM27
	189	+	1334
	190	+	-5- ANY LIABILITY FOR ANY DAMAGE OR LOSS TO THE BROADBAND FACILITY ,1
	191	+	OTHER FACILITIES AT THE PROPERTY, OR ANY OTHER PROPERTY OF THE2
	192	+	PROPERTY OWNER EXCEPT RESULTING FROM THE OWNER'S WILLFUL3
	193	+	MISCONDUCT OR GROSS NEGLIGENCE OR IN INSTANCES WHERE ANY SUCH4
	194	+	INDEMNIFICATION IS CONTRARY TO ANY OTHER STATE LAW , ANY LOCAL5
	195	+	ORDINANCE, OR ANY LOCAL REGULATIONS. NOTHING IN THIS SUBSECTION6
	196	+	(1)(b)(VII)
	197	+	SHALL BE CONSTRUED AS ALLEVIATING A PROVIDER FROM
	198	+	7
	199	+	BEING LIABLE TO A PROPERTY OWNER FOR ANY REPAIR OF DAMAGE OR8
	200	+	LOSS CAUSED BY THE PROVIDER;9
200	201		(VIII) R
201		-	EQUIRES THE BROADBAND INTERNET SERVICE ~~PROVIDER TO~~
202		-	~~PAGE 4-HOUSE BILL 24-1334~~ MAINTAIN INSURANCE THAT WILL INSURE ITS OBLIGATIONS UNDER ~~THE~~
	202	+	EQUIRES THE BROADBAND INTERNET SERVICE PROVIDER10
	203	+	TO MAINTAIN INSURANCE THAT WILL INSURE ITS OBLIGATIONS UNDER THE11
203	204		ACCESS AGREEMENT WHICH COVERAGES SHALL BE IN COMMERCIALLY
204		-	REASONABLE AMOUNTS AND SHALL INCLUDE COVERAGES FOR WORKER
205		-	'S
206		-	COMPENSATION
207		-	, PROPERTY DAMAGE, AND GENERAL LIABILITY;
	205	+	12
	206	+	REASONABLE AMOUNTS AND SHALL INCLUDE COVERAGES FOR WORKER 'S13
	207	+	COMPENSATION, PROPERTY DAMAGE, AND GENERAL LIABILITY;14
208	208		(IX) R
209		-	ELEASES THE PROVIDER AND THE PROPERTY OWNER FROM ANY
210		-	INDIRECT
211		-	, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY
212		-	FAILURE TO PERFORM ITS OBLIGATION UNDER THE ACCESS AGREEMENT IF
213		-	THE FAILURE IS CAUSED BY AN ACT OF
214		-	GOD, ACCIDENT, FIRE, ACT OF
215		-	GOVERNMENT
216		-	, OR OTHER CAUSE OF SIMILAR NATURE BEYOND THE OBLIGOR 'S
217		-	REASONABLE CONTROL
218		-	;
	209	+	ELEASES THE
	210	+	PROVIDER AND THE PROPERTY OWNER 15
	211	+	FROM ANY INDIRECT , INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL16
	212	+	DAMAGES OF ANY FAILURE TO PERFORM ITS OBLIGATION UNDER THE17
	213	+	ACCESS AGREEMENT IF THE FAILURE IS CAUSED BY AN ACT OF GOD,18
	214	+	ACCIDENT, FIRE, ACT OF GOVERNMENT , OR OTHER CAUSE OF SIMILAR19
	215	+	NATURE BEYOND THE OBLIGOR 'S REASONABLE CONTROL; 20
219	216		(X) S
220		-	TIPULATES THAT THE BROADBAND INTERNET SERVICE PROVIDER
221		-	IS RESPONSIBLE FOR REMOVING THE BROADBAND FACILITY AND REPAIRING
222		-	ALL DAMAGE CAUSED BY SUCH REMOVAL
223		-	, WITHIN NINETY DAYS OF THE
224		-	EXPIRATION OR TERMINATION OF THE ACCESS AGREEMENT
225		-	, AT THE SOLE
226		-	COST AND EXPENSE OF THE PROVIDER
227		-	. THE BROADBAND INTERNET SERVICE
228		-	PROVIDER MUST LEAVE THE BROADBAND FACILITY IN PLACE IF THE FACILITY
229		-	BECOMES THE PROPERTY OF THE MULTIUNIT BUILDING OWNER IN
230		-	ACCORDANCE WITH LAWS REGARDING FIXTURES
231		-	.
232		-	(XI) W
233		-	ARRANTS THAT THE PROVIDER WILL NOT INTERFERE WITH
234		-	OTHER SERVICES PROVIDED TO OR USED BY THE MULTIUNIT PROPERTY OR
235		-	REQUIRE THE PROPERTY OWNER TO PROVIDE ANY SERVICES TO THE
236		-	PROVIDER
237		-	;
238		-	(XII) I
239		-	NCLUDES A FULL DESCRIPTION OF THE AREAS OF THE
240		-	PROPERTY WHERE EQUIPMENT RELATED TO THE BROADBAND FACILITY WILL
241		-	BE LOCATED THAT IS REASONABLY LIMITED TO ONLY THOSE AREAS AS
242		-	NECESSARY TO PROVIDE HIGH
243		-	-SPEED BROADBAND INTERNET SERVICE TO THE
244		-	MULTIUNIT BUILDING
245		-	, IS CONTAINED WITHIN EXISTING UTILITY EASEMENTS
246		-	WHENEVER POSSIBLE
247		-	, AND IS SUBJECT TO THE PROPERTY OWNER'S RIGHT TO
248		-	DETERMINE THE LOCATION OF THE EQUIPMENT OR ANY RELOCATION OF THE
249		-	EQUIPMENT REQUIRED BY FUTURE DEVELOPMENT OF THE PROPERTY
250		-	;
251		-	(XIII) R
252		-	EQUIRES THE INSTALLATION MUST BE DONE IN ACCORDANCE
253		-	WITH INDUSTRY BEST PRACTICES
254		-	, INCLUDING AESTHETIC BEST PRACTICES,
255		-	AND IN INCORPORATED AREAS, EXTERIOR INFRASTRUCTURE MUST BE AT OR
256		-	BELOW GRADE
257		-	;
258		-	PAGE 5-HOUSE BILL 24-1334 (XIV) REQUIRES THE PROVIDER TO ASSUME ALL COSTS FOR DAMAGE
259		-	RELATED TO CONSTRUCTION AS A RESULT OF THE UNLOCATED PRIVATE
260		-	UTILITIES ON THE PROPERTY
261		-	;
262		-	(XV) R
263		-	EQUIRES THE PROVIDER TO AVOID ANY DEVIATION FROM THE
264		-	GENERAL AESTHETICS OF A BUILDING WHEN INSTALLING ANY BROADBAND
265		-	FACILITIES WHEN IT IS PRACTICABLE AND DOES NOT CAUSE ANY UNDUE
266		-	HARDSHIP ON THE BROADBAND INTERNET SERVICE PROVIDER
267		-	.
	217	+	TIPULATES THAT THE BROADBAND INTERNET SERVICE21
	218	+	PROVIDER IS RESPONSIBLE FOR REMOVING THE BROADBAND FACILITY AND22
	219	+	REPAIRING ALL DAMAGE CAUSED BY SUCH REMOVAL , WITHIN NINETY DAYS23
	220	+	OF THE EXPIRATION OR TERMINATION OF THE ACCESS AGREEMENT , AT THE24
	221	+	SOLE COST AND EXPENSE OF THE PROVIDER . THE BROADBAND INTERNET25
	222	+	SERVICE PROVIDER MUST LEAVE THE BROADBAND FACILITY IN PLACE IF26
	223	+	THE FACILITY BECOMES THE PROPERTY OF THE MULTIUNIT BUILDING27
	224	+	1334
	225	+	-6- OWNER IN ACCORDANCE WITH LAWS REGARDING FIXTURES .1
	226	+	(XI) WARRANTS THAT THE PROVIDER WILL NOT INTERFERE2
	227	+	WITH OTHER SERVICES PROVIDED TO OR USED BY THE MULTIUNIT3
	228	+	PROPERTY OR REQUIRE THE PROPERTY OWNER TO PROVIDE ANY SERVICES4
	229	+	TO THE PROVIDER;5
	230	+	(XII) INCLUDES A FULL DESCRIPTION OF THE AREAS OF THE6
	231	+	PROPERTY WHERE EQUIPMENT RELATED TO THE BROADBAND FACILITY7
	232	+	WILL BE LOCATED THAT IS REASONABLY LIMITED TO ONLY THOSE AREAS8
	233	+	AS NECESSARY TO PROVIDE HIGH-SPEED BROADBAND INTERNET SERVICE9
	234	+	TO THE MULTIUNIT BUILDING, IS CONTAINED WITHIN EXISTING UTILITY10
	235	+	EASEMENTS WHENEVER POSSIBLE, AND IS SUBJECT TO THE PROPERTY11
	236	+	OWNER'S RIGHT TO DETERMINE THE LOCATION OF THE EQUIPMENT OR ANY12
	237	+	RELOCATION OF THE EQUIPMENT REQUIRED BY FUTURE DEVELOPMENT OF13
	238	+	THE PROPERTY;14
	239	+	(XIII) REQUIRES THE INSTALLATION MUST BE DONE IN15
	240	+	ACCORDANCE WITH INDUSTRY BEST PRACTICES, INCLUDING AESTHETIC16
	241	+	BEST PRACTICES, AND IN INCORPORATED AREAS , EXTERIOR17
	242	+	INFRASTRUCTURE MUST BE AT OR BELOW GRADE ;18
	243	+	(XIV) REQUIRES THE PROVIDER TO ASSUME ALL COSTS FOR19
	244	+	DAMAGE RELATED TO CONSTRUCTION AS A RESULT OF THE UNLOCATED20
	245	+	PRIVATE UTILITIES ON THE PROPERTY; 21
	246	+	(XV) REQUIRES THE PROVIDER TO AVOID ANY DEVIATION FROM22
	247	+	THE GENERAL AESTHETICS OF A BUILDING WHEN INSTALLING ANY23
	248	+	BROADBAND FACILITIES WHEN IT IS PRACTICABLE AND DOES NOT CAUSE24
	249	+	ANY UNDUE HARDSHIP ON THE BROADBAND INTERNET SERVICE PROVIDER.25
268	250		(XVI) H
269	251		AS A FIXED TERM AND IS NOT PERPETUAL IN NATURE ;
	252	+	26
270	253		(XVII) S
271		-	TATES THAT THE TERMS, CONDITIONS, CHARGES, AND FEES
272		-	FOR BROADBAND INTERNET SERVICES PROVIDED TO TE NANTS AT A PROPERTY
273		-	SHALL BE BETWEEN THE PROVIDER AND INDIVIDUAL TENANTS
274		-	, THAT A
275		-	PROPERTY OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR SERVICE
276		-	CHARGES CONTRACTED FOR BY TENANTS
277		-	, THAT ALL BILLING AND
278		-	COLLECTIONS FROM TENANTS WILL BE ACCOMPLISHED BY THE PROVIDER
279		-	,
280		-	AND THAT A PROPERTY OWNER HAS NO OBLIGATION TO PROVIDE
281		-	INFORMATION REGARDING TENANTS OR TO COLLECT ANY AMOUNTS ON
282		-	BEHALF OF THE PROVIDER
283		-	; AND
284		-	(XVIII) STATES THAT A TENANT OF AN INDIVIDUALLY OWNED AND
285		-	AN OWNER
286		-	-OCCUPIED UNIT IN A MULTIUNIT RESIDENTIAL BUILDING ,
287		-	INCLUDING A CONDO OWNER, MUST OBTAIN APPROVAL FROM THE OWNER OF
288		-	THAT INDIVIDUALLY OWNED UNIT BEFORE A PROVIDER MAY INSTALL OR
289		-	PROVIDE SERVICE TO THAT UNIT
290		-	.
	254	+	TATES THAT THE TERMS, CONDITIONS, CHARGES, AND
	255	+	27
	256	+	1334
	257	+	-7- FEES FOR BROADBAND INTERNET SERVICES PROVIDED TO TENANTS AT A1
	258	+	PROPERTY SHALL BE BETWEEN THE PROVIDER AND INDIVIDUAL TENANTS ,2
	259	+	THAT A PROPERTY OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR3
	260	+	SERVICES CHARGES CONTRACTED FOR BY TENANTS , THAT ALL BILLING AND4
	261	+	COLLECTIONS FROM TENANTS WILL BE ACCOMPLISHED BY THE PROVIDER ,5
	262	+	AND THAT A PROPERTY OWNER HAS NO OBLIGATION TO PROVIDE6
	263	+	INFORMATION REGARDING TENANTS OR TO COLLECT ANY AMOUNTS ON7
	264	+	BEHALF OF THE PROVIDER; AND8
	265	+	(XVIII) S
	266	+	TATES THAT A TENANT OF AN INDIVIDUALLY OWNED AND
	267	+	9
	268	+	AN OWNER-OCCUPIED UNIT IN A MULTIUNIT RESIDENTIAL BUILDING ,10
	269	+	INCLUDING A CONDO OWNER , MUST OBTAIN APPROVAL FROM THE OWNER11
	270	+	OF THAT INDIVIDUALLY OWNED UNIT BEFORE A PROVIDER MAY INSTALL OR12
	271	+	PROVIDE SERVICE TO THAT UNIT.13
291	272		(2) T
292		-	HE NOTICE REQUIRED BY SUBSECTION (1)(a) OF THIS SECTION
293		-	MUST BE SENT BY CERTIFIED MAIL
294		-	, RETURN RECEIPT REQUESTED, WITH A
295		-	COPY SENT BY E
296		-	-MAIL AND MUST:
	273	+	HE NOTICE REQUIRED BY SUBSECTION (1)(a) OF THIS SECTION14
	274	+	MUST BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WITH A
	275	+	15
	276	+	COPY SENT BY E-MAIL AND MUST:16
297	277		(a) C
298	278		ONTAIN A STATEMENT THAT THE PROVIDER :
	279	+	17
299	280		(I) I
300	281		S AUTHORIZED TO PROVIDE COMMUNICATION SERVICES IN THE
301		-	~~PROPERTY~~
302		-	;
	282	+	18
	283	+	PROPERTY;19
303	284		(II) H
304	285		AS RECEIVED A VALID REQUEST FROM A TENANT IN THE
305		-	PROPERTY AND THAT IDENTIFIES THE UNIT OCCUPIED BY SUCH TENANT
306		-	. IN
307		-	INSTANCES WHERE THE REQUEST FOR SERVICE IS MADE BY A TENANT IN A
308		-	CONDOMINIUM UNIT AS DEFINED IN SECTION
309		-	38-33-103, THE TENANT MUST
310		-	PAGE 6-HOUSE BILL 24-1334 PROVIDE EVIDENCE OF PRIOR WRITTEN CONSENT OF THE CONDOMINIUM
311		-	OWNER IN ORDER FOR THE REQUEST TO BE DEEMED VALID
312		-	;
	286	+	20
	287	+	PROPERTY AND THAT IDENTIFIES THE UNIT OCCUPIED BY SUCH TENANT . IN21
	288	+	INSTANCES WHERE THE REQUEST FOR SERVICE IS MADE BY A TENANT IN A22
	289	+	CONDOMINIUM UNIT AS DEFINED IN SECTION 38-33-103, THE TENANT MUST23
	290	+	PROVIDE EVIDENCE OF PRIOR WRITTEN CONSENT OF THE CONDOMINIUM24
	291	+	OWNER IN ORDER FOR THE REQUEST TO BE DEEMED VALID ;25
313	292		(III) W
314	293		HEN INSTALLING, OPERATING, MAINTAINING, OR REMOVING
315		-	EQUIPMENT FROM THE PROPERTY
316		-	, WILL CONFORM TO SUCH REASONABLE
317		-	CONDITIONS AS THE PROPERTY OWNER DEEMS NECESSARY TO PROTECT THE
318		-	SAFETY
319		-	, FUNCTIONING, AND APPEARANCE OF THE PROPERTY AND THE
320		-	CONVENIENCE AND WELL
321		-	-BEING OF ALL OCCUPANTS;
	294	+	26
	295	+	EQUIPMENT FROM THE PROPERTY , WILL CONFORM TO SUCH REASONABLE27
	296	+	1334
	297	+	-8- CONDITIONS AS THE PROPERTY OWNER DEEMS NECESSARY TO PROTECT1
	298	+	THE SAFETY, FUNCTIONING, AND APPEARANCE OF THE PROPERTY AND THE2
	299	+	CONVENIENCE AND WELL-BEING OF ALL OCCUPANTS;3
322	300		(IV) W
323	301		ILL PAY THE PROPERTY OWNER JUST AND REAS ONABLE
324		-	COMPENSATION FOR ITS USE OF THE PROPERTY
325		-	; AND
326		-	(V) WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PROPERTY
327		-	OWNER FOR ANY DAMAGE CAUSED BY THE INSTALLATION
328		-	, OPERATION,
329		-	MAINTENANCE, OR REMOVAL OF ITS FACILITIES FROM THE PROPERTY UNLESS
330		-	ANY SUCH INDEMNIFICATION IS CONTRARY TO ANY OTHER STATE LAW
331		-	, ANY
332		-	LOCAL ORDINANCE
333		-	, OR ANY LOCAL REGULATION;
334		-	(b) I
335		-	NCLUDE A FULL DESCRIPTION OF THE AREAS OF THE PROPERTY
336		-	THAT WILL BE ACCESSED
337		-	, A DETAILED DESCRIPTION OF THE PROVIDER 'S
338		-	PLANS AND SPECIFICATION FOR WORK TO BE PERFORMED AND FACILITIES OR
339		-	EQUIPMENT TO BE INSTALLED
340		-	, INCLUDING ANY REQUIRED UTILITY
341		-	CONNECTIONS AND THE ELECTRICAL DEMAND OF THE FACILITIES AND
342		-	EQUIPMENT TO BE INSTALLED
343		-	, THE TYPE OF BROADBAND FACILITY THAT WILL
344		-	BE NECESSARY
345		-	, THE EXPECTED TIME FRAME NEEDED FOR THE DEPLOYMENT
346		-	OF INFRASTRUCTURE
347		-	, INCLUDING THE DATE AND TIMES THAT THE PROVIDER
348		-	PROPOSES TO START AND COMPLETE THE INSTALLATION
349		-	; AND
350		-	(c) INCLUDE AN EXPLANATION OF ALL THE LEGAL OBLIGATIONS AND
351		-	RIGHTS OF THE PROVIDER AND THE OWNER OF THE MULTIUNIT BUILDING IN
352		-	ACCORDANCE WITH SUBSECTION
353		-	(1)(b) OF THIS SECTION, INCLUDING THAT
354		-	THE PROPERTY OWNER HAS CERTAIN LIMITED RIGHTS TO REFUSE ACCESS TO
355		-	THE MULTIUNIT PROPERTY
356		-	.
	302	+	4
	303	+	COMPENSATION FOR ITS USE OF THE PROPERTY ; AND5
	304	+	(V) W
	305	+	ILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE
	306	+	6
	307	+	PROPERTY OWNER FOR ANY DAMAGE CAUSED BY THE INSTALLATION ,7
	308	+	OPERATION, MAINTENANCE, OR REMOVAL OF ITS FACILITIES FROM THE8
	309	+	PROPERTY UNLESS ANY SUCH INDEMNIFICATION IS CONTRARY TO ANY9
	310	+	OTHER STATE LAW, ANY LOCAL ORDINANCE, OR ANY LOCAL REGULATION;10
	311	+	(b) INCLUDE A FULL DESCRIPTION OF THE AREAS OF THE PROPERTY11
	312	+	THAT WILL BE ACCESSED, A DETAILED DESCRIPTION OF THE PROVIDER 'S12
	313	+	PLANS AND SPECIFICATION FOR WORK TO BE PERFORMED AND FACILITIES13
	314	+	OR EQUIPMENT TO BE INSTALLED , INCLUDING ANY REQUIRED UTILITY14
	315	+	CONNECTIONS AND THE ELECTRICAL DEMAND OF THE FACILITIES AND15
	316	+	EQUIPMENT TO BE INSTALLED, THE TYPE OF BROADBAND FACILITY THAT16
	317	+	WILL BE NECESSARY, THE EXPECTED TIME FRAME NEEDED FOR THE17
	318	+	DEPLOYMENT OF INFRASTRUCTURE , INCLUDING THE DATE AND TIMES THAT18
	319	+	THE PROVIDER PROPOSES TO START AND COMPLETE THE INSTALLATION ;19
	320	+	AND20
	321	+	(c) INCLUDE AN EXPLANATION OF ALL THE LEGAL OBLIGATIONS21
	322	+	AND RIGHTS OF THE PROVIDER AND THE OWNER OF THE MULTIUNIT22
	323	+	BUILDING IN ACCORDANCE WITH SUBSECTION (1)(b) OF THIS SECTION,23
	324	+	INCLUDING THAT THE PROPERTY OWNER HAS CERTAIN LIMITED RIGHTS TO24
	325	+	REFUSE ACCESS TO THE MULTIUNIT PROPERTY . 25
357	326		(3) N
358		-	OTHING IN THIS SECTION SHOULD BE CONSTRUED TO PERMIT A
359		-	PROVIDER TO IDENTIFY AND SEEK REPAIR FOR ANY STRUCTURAL
360		-	DEFICIENCIES NOT RELATED TO THE DIRECT NEED FOR INSTALLING THE
361		-	BROADBAND FACILITY OR TO INSTALL BROADB AND FACILITIES FOR PURPOSES
362		-	BEYOND PROVIDING SERVICE TO THE MULTIUNIT BUILDINGS
363		-	.
364		-	PAGE 7-HOUSE BILL 24-1334 (4) FOR PURPOSES OF THIS SECTION AND SECTION 38-12-244, A
365		-	PROPERTY OWNER
366		-	'S RIGHTS TO MANAGE ACCESS INCLUDE THE PROPERTY
367		-	OWNER
368		-	'S RIGHTS TO:
	327	+	OTHING IN THIS SECTION SHOULD BE CONSTRUED TO PERMIT26
	328	+	A
	329	+	PROVIDER TO IDENTIFY AND SEEK REPAIR FOR ANY STRUCTURAL27
	330	+	1334
	331	+	-9- DEFICIENCIES NOT RELATED TO THE DIRECT NEED FOR INSTALLING THE1
	332	+	BROADBAND FACILITY OR TO INSTALL BROADBAND FACILITIES FOR2
	333	+	PURPOSES BEYOND PROVIDING SERVICE TO THE MULTIUNIT BUILDINGS .3
	334	+	(4) F
	335	+	OR PURPOSES OF THIS SECTION AND SECTION 38-12-244, A
	336	+	4
	337	+	PROPERTY OWNER'S RIGHTS TO MANAGE ACCESS INCLUDE THE PROPERTY5
	338	+	OWNER'S RIGHTS TO:6
369	339		(a) I
370	340		MPOSE CONDITIONS ON THE PROVIDER THAT ARE REASONABLY
371		-	~~NECESSARY TO PROTECT THE~~
372		-	:
	341	+	7
	342	+	NECESSARY TO PROTECT THE:8
373	343		(I) S
374	344		AFETY, SECURITY, APPEARANCE, AND CONDITION OF THE
375		-	PROPERTY
376		-	; AND
377		-	(II) SAFETY AND CONVENIENCE OF OTHER PERSONS ;
	345	+	9
	346	+	PROPERTY; AND10
	347	+	(II) S
	348	+	AFETY AND CONVENIENCE OF OTHER PERSONS ;
	349	+	11
378	350		(b) I
379	351		MPOSE A REASONABLE LIMITATION ON THE TIME AT WHICH THE
380		-	PROVIDER MAY HAVE ACCESS TO THE PROPERTY FOR ANY REASON
381		-	; AND
382		-	(c) REQUIRE THE PROVIDER TO PAY COMPENSATION FOR SUCH
383		-	ACCESS THAT IS REASONABLE AND NONDISCRIMINATORY AMONG SUCH
384		-	TELECOMMUNICATIONS UTILITIES
385		-	.
	352	+	12
	353	+	PROVIDER MAY HAVE ACCESS TO THE PROPERTY FOR ANY REASON ; AND 13
	354	+	(c) R
	355	+	EQUIRE THE PROVIDER TO PAY COMPENSATION FOR SUCH
	356	+	14
	357	+	ACCESS THAT IS REASONABLE AND NONDISCRIMINATORY AMONG SUCH15
	358	+	TELECOMMUNICATIONS UTILITIES .16
386	359		(5) A
387	360		PROPERTY OWNER HAS THE FOLLOWING PERMITTED REASONS
388		-	~~TO REFUSE ACCESS TO THE MULTIUNIT BUILDING~~
389		-	:
	361	+	17
	362	+	TO REFUSE ACCESS TO THE MULTIUNIT BUILDING :18
390	363		(a) T
391	364		HE PROVIDER HAS FAILED OR REFUSED TO COMPLY WITH
392		-	REASONABLE CONDITIONS AS SET FORTH IN SUBSECTION
393		-	(4) OF THIS SECTION;
	365	+	19
	366	+	REASONABLY CONDITIONS AS SET FORTH IN SUBSECTION (4) OF THIS20
	367	+	SECTION;21
394	368		(b) T
395	369		HE PROVIDER IS NOT LICENSED AND AUTHORIZED ;
	370	+	22
396	371		(c) T
397	372		HE PROVIDER CANNOT VERIFY THAT ONE OR MORE TENANTS
398		-	~~HAVE MADE A REQUEST FOR SERVICE~~
399		-	;
	373	+	23
	374	+	HAVE MADE A REQUEST FOR SERVICE ;24
400	375		(d) T
401	376		HE PROPERTY OWNER CAN DEMONSTRATE THAT PHYSICAL
402		-	LIMITATIONS AT THE PROPERTY PROHIBIT THE PROVIDER FROM INSTALLING
403		-	THE FACILITIES AND EQUIPMENT IN EXISTING SPACE
404		-	;
405		-	(e) T
406		-	HE INSTALLATION WOULD HAVE SIGNIFICANTLY ADVERSE
407		-	EFFECT ON HISTORICAL OR ARCHITECTURALLY SIGNIFICANT ELEMENTS OF
408		-	THE PROPERTY
409		-	;
	377	+	25
	378	+	LIMITATIONS AT THE PROPERTY PROHIBIT THE PROVIDER FROM INSTALLING26
	379	+	THE FACILITIES AND EQUIPMENT IN EXISTING SPACE;27
	380	+	1334
	381	+	-10- (e) THE INSTALLATION WOULD HAVE SIGNIFICANTLY ADVERSE1
	382	+	EFFECT ON HISTORICAL OR ARCHITECTURALLY SIGNIFICANT ELEMENTS OF2
	383	+	THE PROPERTY;3
410	384		(f) T
411	385		HE INSTALLATION WOULD RESULT IN ENVIRONMENTAL HARM
412		-	SUCH AS THE DISTURBANCE OF ASBESTOS OR LEAD PAINT
413		-	;
414		-	PAGE 8-HOUSE BILL 24-1334 (g) THE INSTALLATION WOULD HAVE SIGNIFICANT ADVERSE EFFECT
415		-	ON THE ABILITY OF EXISTING PROVIDERS TO PROVIDE SERVICES TO THE
416		-	MULTIUNIT BUILDING
417		-	;
	386	+	4
	387	+	SUCH AS THE DISTURBANCE OF ASBESTOS OR LEAD PAINT ;5
	388	+	(g) T
	389	+	HE INSTALLATION WOULD HAVE SIGNIFICANT ADVERSE
	390	+	6
	391	+	EFFECT ON THE ABILITY OF EXISTING PROVIDERS TO PROVIDE SERVICES TO7
	392	+	THE MULTIUNIT BUILDING;8
418	393		(h) T
419	394		HE INSTALLATION WOULD CAUSE UNDUE DAMAGE TO THE
420		-	MULTIUNIT BUILDING OR IMPAIR THE USE OF THE PROPERTY FOR THE
421		-	CONTINUED PROVISION OF ESSENTIAL SERVICES TO TENANTS
422		-	; OR
423		-	(i) THE PARTIES DO NOT RESOLVE A DISPUTE CONCERNING ANY JUST
424		-	AND REASONABLE COMPENSATION TO THE PROPERTY OWNER FOR ALLOWING
425		-	ACCESS AND USE OF THE PROPERTY THROUGH MEDIATION IN ACCORDANCE
426		-	WITH SECTION
427		-	13-22-305, OR, IF UNABLE TO REACH AN AGREEMENT
428		-	THROUGH MEDIATION
429		-	, THROUGH ANY ENSUING ALTERNATIVE DISPUTE
430		-	RESOLUTION OR LITIGATION IN WHICH EACH PARTY IS RESPONSIBLE FOR
431		-	PAYING ITS OWN COSTS AND EXPENSES
432		-	.
	395	+	9
	396	+	MULTIUNIT BUILDING OR IMPAIR THE USE OF THE PROPERTY FOR THE10
	397	+	CONTINUED PROVISION OF ESSENTIAL SERVICES TO TENANTS ; OR11
	398	+	(i) T
	399	+	HE PARTIES DO NOT RESOLVE A DISPUTE CONCERNING ANY
	400	+	12
	401	+	JUST AND REASONABLE COMPENSATION TO THE PROPERTY OWNER FOR13
	402	+	ALLOWING ACCESS AND USE OF THE PROPERTY THROUGH MEDIATION IN14
	403	+	ACCORDANCE WITH SECTION 13-22-305, OR, IF UNABLE TO REACH AN15
	404	+	AGREEMENT THROUGH MEDIATION , THROUGH ANY ENSUING ALTERNATIVE16
	405	+	DISPUTE RESOLUTION OR LITIGATION IN WHICH EACH PARTY IS17
	406	+	RESPONSIBLE FOR PAYING ITS OWN COSTS AND EXPENSES .18
433	407		(6) A
434	408		PROPERTY OWNER SHALL NOT DISCRIMINATE IN RENTAL
435		-	~~CHARGES OR OTHERWISE AGAINST ANY TENANT OR LESSEE REQUESTING OR~~
436		-	~~RECEIVING BROADBAND INTERNET SERVICE UNDER THIS SECTION~~
437		-	.
	409	+	19
	410	+	CHARGES OR OTHERWISE AGAINST ANY TENANT OR LESSEE REQUESTING OR20
	411	+	RECEIVING BROADBAND INTERNET SERVICE UNDER THIS SECTION .21
438	412		(7) I
439	413		F THERE IS A DISPUTE CONCERNING THE LEGAL RIGHTS AND
440		-	OBLIGATIONS PURSUANT TO THIS ARTICLE
441		-	, A PROPERTY OWNER AND
442		-	PROVIDER MUST ATTEMPT TO RESOLVE ANY DISPUTE THROUGH THE
443		-	MEDIATION PROCESS PURSUANT TO SECTION
444		-	13-22-305 BEFORE A LAWSUIT
445		-	IS COMMENCED
446		-	. IF THE PARTIES DO NOT ATTEMPT TO RESOLVE THE DISPUTE
447		-	THROUGH MEDIATION IN ACCOR DANCE WITH SECTION
448		-	13-22-305, THE
449		-	PARTIES WILL EACH PAY THE COST ASSOCIATED WITH AN ALTERNATIVE
450		-	DISPUTE RESOLUTION
451		-	.
	414	+	22
	415	+	OBLIGATIONS PURSUANT TO THIS ARTICLE , A PROPERTY OWNER AND23
	416	+	PROVIDER MUST ATTEMPT TO RESOLVE ANY DISPUTE THROUGH THE24
	417	+	MEDIATION PROCESS PURSUANT TO SECTION 13-22-305 BEFORE A LAWSUIT25
	418	+	IS COMMENCED. IF THE PARTIES DO NOT ATTEMPT TO RESOLVE THE26
	419	+	DISPUTE THROUGH MEDIATION IN ACCORDANCE WITH SECTION 13-22-305,27
	420	+	1334
	421	+	-11- THE PARTIES WILL EACH PAY THE COST ASSOCIATED WITH AN1
	422	+	ALTERNATIVE DISPUTE RESOLUTION . 2
452	423		29-27-503. Just and reasonable compensation. (1) A
453	424		PROPERTY
454		-	OWNER
455		-	, AS DEFINED IN SECTION 29-27-501 (5), IS ENTITLED TO JUST AND
456		-	REASONABLE COMPENSATION FROM A PROVIDER
457		-	, AS DEFINED IN SECTION
458		-	29-27-501 (6), THAT OBTAINS ACCESS TO A MULTIUNIT BUILDING , AS
459		-	DEFINED IN SECTION
460		-	29-27-501 (4), FROM A PROPERTY OWNER . THE
461		-	PROPERTY OWNER AND THE REQUESTING PROVIDER SHALL ATTEMPT TO
462		-	REACH A MUTUALLY ACCEPTABLE AGREEMENT REGARDING REASONABLE
463		-	AND NON
464		-	-DISCRIMINATORY COMPENSATION DUE TO THE PROPERTY OWNER
465		-	AS A RESULT OF THE REQUESTING PROVIDER
466		-	'S INSTALLATION OF BROADBAND
467		-	FACILITIES
468		-	. IN ESTABLISHING THE AMOUNT WHICH WILL CONSTITUTE
469		-	REASONABLE COMPENSATION THE PARTIES SHALL CONSIDER
470		-	:
471		-	PAGE 9-HOUSE BILL 24-1334 (a) THE EXTENT TO WHICH THE BROADBAND FACILITIES PHYSICALLY
472		-	OCCUPY THE PROPERTY
473		-	;
	425	+	3
	426	+	OWNER , AS DEFINED IN SECTION 29-27-501 (5), IS ENTITLED TO JUST AND4
	427	+	REASONABLE COMPENSATION FROM A PROVIDER , AS DEFINED IN SECTION5
	428	+	29-27-501
	429	+	(6), THAT OBTAINS ACCESS TO A MULTIUNIT BUILDING , AS
	430	+	6
	431	+	DEFINED IN SECTION 29-27-501 (4), FROM A PROPERTY OWNER . THE7
	432	+	PROPERTY OWNER AND THE REQUEST ING PROVIDER SHALL ATTEMPT TO8
	433	+	REACH A MUTUALLY ACCEPTABLE AGREEMENT REGARDING REASONABLE9
	434	+	AND NON-DISCRIMINATORY COMPENSATION DUE TO THE PROPERTY OWNER10
	435	+	AS A RESULT OF THE REQUESTING PROVIDER 'S INSTALLATION OF11
	436	+	BROADBAND FACILITIES. IN ESTABLISHING THE AMOUNT WHICH WILL12
	437	+	CONSTITUTE REASONABLE COMPENSATION THE PARTIES SHALL CONSIDER :13
	438	+	(a) T
	439	+	HE EXTENT TO WHICH THE BROADBAND FACILITIES
	440	+	14
	441	+	PHYSICALLY OCCUPY THE PROPERTY ;15
474	442		(b) T
475	443		HE ACTUAL LONG-TERM DAMAGE THE BROADBAND FACILITIES
476		-	~~MAY CAUSE TO THE PROPERTY~~
477		-	;
	444	+	16
	445	+	MAY CAUSE TO THE PROPERTY ;17
478	446		(c) T
479	447		HE EXTENT TO WHICH THE BROADBAND FACILITIES WOULD
480		-	~~INTERFERE WITH THE NORMAL USE AND ENJOYMENT OF THE PROPERTY~~
481		-	;
	448	+	18
	449	+	INTERFERE WITH THE NORMAL USE AND ENJOYMENT OF THE PROPERTY ;19
482	450		(d) T
483	451		HE MONTHLY COST OF UTILITIES TO SERVICE THE PROVIDER 'S
484		-	BROADBAND FACILITIES
485		-	; AND
486		-	(e) THE DIMINUTION OR ENHANCEMENT IN VALUE OF THE PROPERTY
487		-	RESULTING FROM THE AVAILABILITY OF THE BR OADBAND INTERNET SERVICE
488		-	.
489		-	SECTION 2. In Colorado Revised Statutes, add 38-12-224 as
490		-	follows:
491		-	38-12-224. Broadband internet service providers' access to
492		-	property. A
493		-	PROVIDER MAY ACCESS AND INSTALL ANY NECESSARY
494		-	BROADBAND FACILITIES TO PROVIDE BROADBAND SERVICE TO ANY MOBILE
495		-	HOME IN A MOBILE HOME PARK PURSUANT TO PART
496		-	5 OF ARTICLE 27 OF TITLE
497		-	29. A PROPERTY OWNER OF A MOBILE HOME PARK IS GRANTED ALL RIGHTS
498		-	AFFORDED TO A PROPERTY OWNER IN ACCORDANCE WITH PART
499		-	5 OF ARTICLE
500		-	27 OF TITLE 29.
501		-	SECTION 3. Act subject to petition - effective date. This act
502		-	takes effect at 12:01 a.m. on the day following the expiration of the
503		-	ninety-day period after final adjournment of the general assembly; except
504		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
505		-	of the state constitution against this act or an item, section, or part of this act
506		-	within such period, then the act, item, section, or part will not take effect
507		-	unless approved by the people at the general election to be held in
508		-	PAGE 10-HOUSE BILL 24-1334 November 2024 and, in such case, will take effect on the date of the official
509		-	declaration of the vote thereon by the governor.
510		-	____________________________ ____________________________
511		-	Julie McCluskie Steve Fenberg
512		-	SPEAKER OF THE HOUSE PRESIDENT OF
513		-	OF REPRESENTATIVES THE SENATE
514		-	____________________________ ____________________________
515		-	Robin Jones Cindi L. Markwell
516		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
517		-	OF REPRESENTATIVES THE SENATE
518		-	APPROVED________________________________________
519		-	(Date and Time)
520		-	_________________________________________
521		-	Jared S. Polis
522		-	GOVERNOR OF THE STATE OF COLORADO
523		-	PAGE 11-HOUSE BILL 24-1334
	452	+	20
	453	+	BROADBAND FACILITIES; AND21
	454	+	(e) T
	455	+	HE DIMINUTION OR ENHANCEMENT IN VALUE OF THE
	456	+	22
	457	+	PROPERTY RESULTING FROM THE AVAILABILITY OF THE BROADBAND23
	458	+	INTERNET SERVICE.24
	459	+	SECTION 2. In Colorado Revised Statutes, add 38-12-224 as25
	460	+	follows:26
	461	+	38-12-224. Broadband internet service providers' access to27
	462	+	1334
	463	+	-12- property. A PROVIDER MAY ACCESS AND INSTALL ANY NECESSARY1
	464	+	BROADBAND FACILITIES TO PROVIDE BROADBAND SERVICE TO ANY MOBILE2
	465	+	HOME IN A MOBILE HOME PARK PURSUANT TO PART 5 OF ARTICLE 27 OF3
	466	+	TITLE 29. A PROPERTY OWNER OF A MOBILE HOME PARK IS GRANTED ALL4
	467	+	RIGHTS AFFORDED TO A PROPERTY OWNER IN ACCORDANCE WITH PART 55
	468	+	OF ARTICLE 27 OF TITLE 29.6
	469	+	SECTION 3. Act subject to petition - effective date. This act7
	470	+	takes effect at 12:01 a.m. on the day following the expiration of the8
	471	+	ninety-day period after final adjournment of the general assembly; except9
	472	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V10
	473	+	of the state constitution against this act or an item, section, or part of this11
	474	+	act within such period, then the act, item, section, or part will not take12
	475	+	effect unless approved by the people at the general election to be held in13
	476	+	November 2024 and, in such case, will take effect on the date of the14
	477	+	official declaration of the vote thereon by the governor.15
	478	+	1334
	479	+	-13-