First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0249.01 Jason Gelender x4330
HOUSE BILL 25-1056
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING LOCAL GOVERNMENT PERMITTING OF WIRELESS101
TELECOMMUNICATIONS FACILITIES .102
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/
.)
Cell Phone Connectivity Interim Study Committee. The bill
requires that an application by a telecommunications provider for the
siting and construction of a new wireless telecommunications facility or
for the substantial change of an existing wireless telecommunications
facility (application) submitted to a local government is deemed approved
by the local government if:
HOUSE SPONSORSHIP
Lukens and Bacon, Soper
SENATE SPONSORSHIP
Roberts and Hinrichsen,
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. ! The local government has not approved or rejected the
application within 60 days after the application is submitted
to the local government or conducted a pre-application
meeting or other documented communication regarding the
application, whichever is earlier (60-day time period);
! The telecommunications provider has provided all public
notices required under applicable law; and
! The telecommunications provider has provided notice to
the local government that the 60-day time period has lapsed
and that the application is deemed approved.
A local government may toll the 60-day time period to allow the
local government to make timely requests for information to complete an
application. The 60-day time period may also be extended by mutual
agreement of the telecommunications provider and the local government.
The bill also prohibits a local government from requiring a
telecommunications provider that removes, discontinues, or replaces
telecommunications equipment at an existing wireless
telecommunications facility to file a new application or obtain additional
permits if:
! The telecommunications provider notifies the local
government of the necessary removal, discontinuance, or
replacement of the telecommunications equipment; and
! The removal, discontinuance, or replacement of the
telecommunications equipment is not a substantial change
to the facility.
The bill takes effect on January 1, 2026.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 29-27-402, amend2
(3) as follows:3
29-27-402. Definitions. As used in this part 4, unless the context4
otherwise requires:5
(3) "Collocation
"COLLOCATE" means the mounting or installation6
of broadband service equipment on a tower, building, or structure with7
existing broadband service equipment for the purpose of transmitting or8
receiving radio frequency signals for communications purposes.9
SECTION 2. In Colorado Revised Statutes, repeal 29-27-403.10
HB25-1056-2- SECTION 3. In Colorado Revised Statutes, add part 6 to article1
27 of title 29 as follows:2
PART 63
LOCAL GOVERNMENT PERMITTING OF4
WIRELESS TELECOMMUNICATIONS FACILITIES5
29-27-601. Legislative declaration. (1) T
HE GENERAL ASSEMBLY6
FINDS THAT RELIABLE WIRELESS TELECOMMUNICATIONS CONNECTIVITY7
THROUGHOUT THE STATE :8
(a) I
S ESSENTIAL IN SUPPORTING PUBLIC SAFETY OPERATIONS AND9
ENSURING THAT THE PUBLIC IS ABLE TO ACCESS LIFE-SAVING ASSISTANCE10
IN TIMES OF CRISIS;11
(b) I
S A SIGNIFICANT DRIVER OF ECONOMIC ACTIVITY AND12
PRODUCTIVITY FOR WORKERS AND ORGANIZATIONS ;13
(c) I
S CRITICAL TO PROVIDING ACCESS TO INFORMATION ,14
EDUCATIONAL RESOURCES , AND JOB OPPORTUNITIES; AND15
(d) C
AN HELP URBAN, HISTORICALLY UNDERSERVED , AND RURAL16
BUSINESSES IMPROVE WORKFLOW , WHILE ALSO AMPLIFYING VISIBILITY17
AND SALES FOR THOSE BUSINESSES.18
(2) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT THE19
EFFICIENT PERMITTING OF WIRELESS TELECOMMUNICATIONS FACILITIES BY20
LOCAL GOVERNMENTS :21
(a) H
AS A SIGNIFICANT PUBLIC SAFETY AND ECONOMIC BENEFIT TO22
C
OLORADO; AND23
(b) I
S A MATTER OF STATEWIDE CONCERN .24
29-27-602. Definitions. A
S USED IN THIS PART 6, UNLESS THE25
CONTEXT OTHERWISE REQUIRES :26
(1) "C
OLLOCATION OR SITING APPLICATION " OR "APPLICATION"27
HB25-1056
-3- MEANS AN APPLICATION BY A TELECOMMUNICATIONS PROVIDER FOR :1
(a) T
HE SITING AND CONSTRUCTION OF A NEW WIRELESS2
TELECOMMUNICATIONS FACILITY ; OR3
(b) T
HE SUBSTANTIAL CHANGE OF AN EXISTING WIRELESS4
TELECOMMUNICATIONS FACILITY .5
(2) "L
OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY6
COUNTY, CITY, OR CITY AND COUNTY.7
(3) "S
UBSTANTIAL CHANGE" HAS THE MEANING SET FORTH IN 478
CFR
1.6100 (b)(7).9
(4) "T
ELECOMMUNICATIONS PROVIDER " MEANS A PERSON THAT10
PROVIDES A WIRELESS TELECOMMUNICATIONS SERVICE .11
(5) "W
IRELESS TELECOMMUNICATIONS FACILITY " OR "FACILITY"12
MEANS EQUIPMENT AT A FIXED LOCATION THAT ENABLES WIRELESS13
COMMUNICATIONS BETWEEN USER EQUIPMENT AND A COMMUNICATIONS14
NETWORK, INCLUDING:15
(a) M
ACRO AND SMALL WIRELESS FACILITIES , TRANSCEIVERS,16
ANTENNAS, COAXIAL OR FIBER-OPTIC CABLE, REGULAR AND BACKUP17
POWER SUPPLIES, AND COMPARABLE EQUIPMENT , REGARDLESS OF18
TECHNOLOGICAL CONFIGURATION ; AND19
(b) T
HE SUPPORT STRUCTURE OR IMPROVEMENTS ON , UNDER, OR20
WITHIN WHICH THE EQUIPMENT IS COLLOCATED .21
29-27-603. Deemed approval of facilities after sixty-day22
period. (1) (a) A
COLLOCATION OR SITING APPLICATION FOR A WIRELESS23
TELECOMMUNICATIONS FACILITY SUBMITTED TO A LOCAL GOVERNMENT24
IS DEEMED APPROVED BY THE LOCAL GOVERNMENT IF :25
(I) T
HE LOCAL GOVERNMENT HAS NOT APPROVED OR REJECTED26
THE APPLICATION WITHIN SIXTY DAYS AFTER THE APPLICATION IS27
HB25-1056
-4- SUBMITTED TO THE LOCAL GOVERNMENT OR A PRE -APPLICATION MEETING1
OR OTHER DOCUMENTED COMMUNICATION BETWEEN THE LOCAL2
GOVERNMENT AND THE TELECOMMUNICATIONS PROVIDER IS CONDUCTED ,3
WHICHEVER IS EARLIER;4
(II) T
HE TELECOMMUNICATIONS PROVIDER HAS PROVIDED ALL5
PUBLIC NOTICES OF THE APPLICATION REQUIRED UNDER APPLICABLE LAW ;6
AND7
(III) T
HE TELECOMMUNICATIONS PROVIDER HAS PROVIDED NOTICE8
TO THE LOCAL GOVERNMENT THAT THE SIXTY -DAY TIME PERIOD HAS9
LAPSED AND THAT THE APPLICATION IS DEEMED APPROVED PURSUANT TO10
THIS SECTION.11
(b) A
LOCAL GOVERNMENT MAY TOLL THE SIXTY -DAY TIME PERIOD12
DESCRIBED IN SUBSECTION (1)(a)(I) OF THIS SECTION TO ALLOW THE13
LOCAL GOVERNMENT TO MAKE TIMELY REQUESTS FOR INFORMATION TO14
COMPLETE A COLLOCATION OR SITING APPLICATION . THE SIXTY-DAY TIME15
PERIOD MAY ALSO BE EXTENDED BY MUTUAL AGREEMENT OF THE16
TELECOMMUNICATIONS PROVIDER AND THE LOCAL GOVERNMENT .17
(c) I
F A LOCAL GOVERNMENT REQUIRES A TELECOMMUNICATIONS18
PROVIDER TO OBTAIN A TRAFFIC CONTROL PLAN OR OTHER PERMIT19
RELATED TO OBSTRUCTION OF , OR SAFETY IN, A PUBLIC RIGHT-OF-WAY20
BEFORE A COLLOCATION OR SITING APPLICATION IS APPROVED , THE21
TELECOMMUNICATIONS PROVIDER SHALL NOT COMMENCE THE22
CONSTRUCTION OR SUBSTANTIAL CHANGE OF A WIRELESS23
TELECOMMUNICATIONS FACILITY PURSUANT TO A COLLOCATION OR SITING24
APPLICATION APPROVED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION25
UNTIL THE TRAFFIC CONTROL PLAN OR OTHER PERMIT IS OBTAINED .26
(d) A
LOCAL GOVERNMENT MAY SEEK JUDICIAL REVIEW OF THE27
HB25-1056
-5- DEEMED APPROVAL OF A COLLOCATION OR SITING APPLICATION PURSUANT1
TO SUBSECTION (1)(a) OF THIS SECTION WITHIN THIRTY DAYS AFTER THE2
NOTICE DESCRIBED IN SUBSECTION (1)(a)(III) OF THIS SECTION IS3
PROVIDED TO THE LOCAL GOVERNMENT .4
(e) A
LOCAL GOVERNMENT SHALL NOT :5
(I) U
NREASONABLY WITHHOLD , CONDITION, OR DELAY APPROVAL6
OF THE ISSUANCE OF A TRAFFIC CONTROL PLAN OR OTHER PERMIT7
DESCRIBED IN SUBSECTION (1)(c) OF THIS SECTION TO DELAY THE8
APPROVAL OF A COLLOCATION OR SITING APPLICATION ; OR9
(II) P
ROHIBIT OR UNREASONABLY DISCRIMINATE IN FAVOR OF , OR10
AGAINST, ANY PARTICULAR WIRELESS TECHNOLOGY IN TAKING ACTION ON11
A COLLOCATION OR SITING APPLICATION.12
(f) I
F A COLLOCATION OR SITING APPLICATION SUBMITTED TO A13
LOCAL GOVERNMENT IS INCOMPLETE , THE LOCAL GOVERNMENT SHALL14
NOTIFY THE APPLICANT WITHIN THIRTY DAYS AFTER THE SUBMISSION OF15
THE APPLICATION OR A PRE -APPLICATION MEETING OR OTHER16
DOCUMENTED COMMUNICATION BETWEEN THE LOCAL GOVERNMENT AND17
THE TELECOMMUNICATIONS PROVIDER IS CONDUCTED , WHICHEVER IS18
EARLIER. THE NOTIFICATION MUST BE WRITTEN AND CLEARLY EXPLAIN19
HOW THE APPLICATION IS INCOMPLETE .20
(2) E
XCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION ,21
NOTHING IN THIS SECTION LIMITS OR AFFECTS THE AUTHORITY OF A LOCAL22
GOVERNMENT OVER THE PLACEMENT OR CONSTRUCTION OF A WIRELESS23
TELECOMMUNICATIONS FACILITY .24
(3) N
OTHING IN THIS SECTION SUPERSEDES , NULLIFIES, OR25
OTHERWISE ALTERS APPLICABLE LAWS RELATED TO SAFETY .26
29-27-604. Facility equipment replacement. (1) A
LOCAL27
HB25-1056
-6- GOVERNMENT SHALL NOT REQUIRE A TELECOMMUNICATIONS PROVIDER1
THAT REMOVES, DISCONTINUES, OR REPLACES TELECOMMUNICATIONS2
EQUIPMENT AT AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY3
TO FILE A NEW COLLOCATION OR SITING APPLICATION OR OBTAIN4
ADDITIONAL PERMITS FOR THE REMOVAL , DISCONTINUANCE, OR5
REPLACEMENT OF THE EQUIPMENT IF :6
(a) T
HE TELECOMMUNICATIONS PROVIDER NOTIFIES THE LOCAL7
GOVERNMENT OF THE NECESSARY REMOVAL , DISCONTINUANCE, OR8
REPLACEMENT OF THE TELECOMMUNICATIONS EQUIPMENT ; AND9
(b) T
HE REMOVAL, DISCONTINUANCE, OR REPLACEMENT OF THE10
TELECOMMUNICATIONS EQUIPMENT IS NOT A SUBSTANTIAL CHANGE .11
SECTION 4. In Colorado Revised Statutes, 38-5.5-104.5, amend12
(1) as follows:13
38-5.5-104.5. Use of local government entity structures.14
(1) Except as provided in subsection (2) of this section and subject to the15
requirements and limitations of this article 5.5, sections 29-27-403 and
16
29-27-404 SECTION 29-27-404, PART 6 OF ARTICLE 27 OF TITLE 29, and a17
local government entity's police powers, a telecommunications provider18
or a broadband provider has the right to locate or collocate small cell19
facilities or small cell networks on the light poles, light standards, traffic20
signals, or utility poles in the rights-of-way owned by the local21
government entity; except that a small cell facility or a small cell network22
shall not be located or mounted on any apparatus, pole, or signal with23
tolling collection or enforcement equipment attached.24
SECTION 5. Act subject to petition - effective date -25
applicability. (1) This act takes effect at 12:01 a.m. on January 1, 2026;26
except that, if a referendum petition is filed pursuant to section 1 (3) of27
HB25-1056
-7- article V of the state constitution against this act or an item, section, or1
part of this act within such period, then the act, item, section, or part will2
not take effect unless approved by the people at the general election to be3
held in November 2026 and, in such case, will take effect on the date of4
the official declaration of the vote thereon by the governor.5
(2) This act applies to applications filed on or after the applicable6
effective date of this act.7
HB25-1056
-8-