First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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
3rd Reading Unamended
February 27, 2025
HOUSE
Amended 2nd Reading
February 26, 2025
HOUSE SPONSORSHIP
Lukens and Bacon, Soper, Duran, English
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, amend 29-27-401 as2
follows:3
29-27-401. Legislative declaration. (1) The general assembly4
finds and declares that:5
(a) The permitting, construction, modification, maintenance, and6
operation of broadband facilities are critical to ensuring that all citizens7
in the state have true access to advanced technology and information;8
(b) These BROADBAND facilities are critical to ensuring that9
businesses and schools throughout the state remain competitive in the10
1056-2- global economy; and1
(c) The permitting, construction, modification, maintenance, and2
operation of these BROADBAND facilities, to the extent specifically3
addressed in this part 4, are declared to be matters of statewide concern4
and interest.5
(2) The general assembly further finds and declares that RELIABLE6
WIRELESS CONNECTIVITY THROUGHOUT THE STATE :7
(a) Small cell facilities often may be deployed most effectively in8
the public rights-of-way; and IS ESSENTIAL IN SUPPORTING PUBLIC SAFETY9
OPERATIONS AND ENSURING THAT THE PUBLIC IS ABLE TO ACCESS10
LIFE-SAVING ASSISTANCE IN TIMES OF CRISIS;11
(b) Access to local government structures is essential to the12
construction and maintenance of wireless service facilities or broadband13
facilities IS A SIGNIFICANT DRIVER OF ECONOMIC ACTIVITY AND14
PRODUCTIVITY FOR WORKERS AND ORGANIZATIONS ;15
(c) IS CRITICAL TO PROVIDING ACCESS TO INFORMATION ,16
EDUCATIONAL RESOURCES , AND JOB OPPORTUNITIES; AND 17
(d) CAN HELP URBAN, HISTORICALLY UNDERSERVED, AND RURAL18
BUSINESSES IMPROVE WORKFLOW, WHILE ALSO AMPLIFYING VISIBILITY19
AND SALES FOR THOSE BUSINESSES.20
(3) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT21
THE EFFICIENT PERMITTING OF WIRELESS FACILITIES BY LOCAL22
GOVERNMENTS:23
(a) HAS A SIGNIFICANT PUBLIC SAFETY AND ECONOMIC BENEFIT TO24
COLORADO; AND25
(b) IS A MATTER OF STATEWIDE CONCERN .26
SECTION 2. In Colorado Revised Statutes, 29-27-402, amend27
1056
-3- (3) and (7); and add (3.1), (3.3), (3.7), and (6.2) as follows:1
29-27-402. Definitions. As used in this part 4, unless the context2
otherwise requires:3
(3) "Collocation "COLLOCATE" means the mounting or installation4
of broadband service equipment on a tower, building, or structure with5
existing broadband service equipment for the purpose of transmitting or6
receiving radio frequency signals for communications purposes.7
(3.1) "COLLOCATION APPLICATION" MEANS AN APPLICATION FOR8
A COLLOCATION THAT RESULTS IN A SUBSTANTIAL CHANGE OF AN9
EXISTING WIRELESS TELECOMMUNICATIONS FACILITY .10
(3.3) "LOCAL GOVERNMENT" HAS THE SAME MEANING AS SET11
FORTH IN SECTION 29-27-102 (3).12
(3.7) "SITING APPLICATION" MEANS AN APPLICATION FOR A NEW13
WIRELESS SERVICE FACILITY.14
(6.2) "SUBSTANTIAL CHANGE" HAS THE SAME MEANING AS SET15
FORTH IN 47 CFR 1.6100 (b)(7), WHICH IMPLEMENTS THE FEDERAL16
"SPECTRUM ACT OF 2012", 47 U.S.C. SEC. 1455 (a).17
(7) "Wireless service facility" OR "FACILITY" means a facility for18
the provision of wireless services; except that "wireless service facility"19
does not include coaxial or fiber-optic cable that is not immediately20
adjacent to, or directly associated with, a particular antenna EQUIPMENT21
AT A FIXED LOCATION THAT ENABLES WIRELESS COMMUNICATIONS22
BETWEEN USER EQUIPMENT AND A COMMUNICATIONS NETWORK,23
INCLUDING:24
(a) MACRO AND SMALL CELL FACILITIES, TRANSCEIVERS,25
ANTENNAS, COAXIAL OR FIBER-OPTIC CABLE, REGULAR AND BACKUP26
POWER SUPPLIES, AND COMPARABLE EQUIPMENT, REGARDLESS OF27
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-4- TECHNOLOGICAL CONFIGURATION, BUT DOES NOT INCLUDE COAXIAL OR1
FIBER-OPTIC CABLE THAT IS NOT IMMEDIATELY ADJACENT TO, OR2
DIRECTLY ASSOCIATED WITH, A PARTICULAR ANTENNA; AND3
(b) THE SUPPORT STRUCTURE OR IMPROVEMENTS ON, UNDER, OR4
WITHIN WHICH THE EQUIPMENT IS COLLOCATED .5
SECTION 3. In Colorado Revised Statutes, repeal and reenact,6
with amendments, 29-27-403 as follows:7
29-27-403. Deemed approval of facilities. (1) (a) A8
COLLOCATION APPLICATION OR SITING APPLICATION FOR A WIRELESS9
SERVICE FACILITY SUBMITTED TO A LOCAL GOVERNMENT IS DEEMED10
APPROVED BY THE LOCAL GOVERNMENT IF :11
(I) THE LOCAL GOVERNMENT HAS NOT APPROVED OR REJECTED12
THE COLLOCATION APPLICATION WITHIN NINETY DAYS AFTER THE13
APPLICANT COMPLIES WITH THE FIRST PROCEDURAL STEP REQUIRED BY THE14
LOCAL GOVERNMENT AS PART OF ITS APPLICABLE REGULATORY REVIEW15
PROCESS OR WITHIN NINETY DAYS AFTER THE APPLICANT SUBMITS A16
COLLOCATION APPLICATION IF THE LOCAL GOVERNMENT'S APPLICABLE17
REGULATORY PROCESS DOES NOT SPECIFY THAT FIRST PROCEDURAL STEP;18
EXCEPT THAT THE PERIOD FOR APPROVAL OR REJECTION OF A SITING19
APPLICATION THAT IS NOT FOR A COLLOCATION OR A SMALL CELL FACILITY20
IS ONE HUNDRED TWENTY DAYS ;21
(II) THE APPLICANT HAS PROVIDED ALL PUBLIC NOTICES OF THE22
APPLICATION REQUIRED UNDER APPLICABLE LAW ; AND23
(III) THE APPLICANT HAS PROVIDED NOTICE TO THE LOCAL24
GOVERNMENT THAT THE APPLICABLE TIME PERIOD DESCRIBED IN25
SUBSECTION (1)(a)(I) OF THIS SECTION HAS LAPSED AND THAT THE26
APPLICATION IS DEEMED APPROVED PURSUANT TO THIS SECTION .27
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-5- (b) A LOCAL GOVERNMENT MAY TOLL THE APPLICABLE PERIOD1
DESCRIBED IN SUBSECTION (1)(a)(I) OF THIS SECTION TO ALLOW THE2
LOCAL GOVERNMENT TO MAKE TIMELY REQUESTS FOR INFORMATION TO3
COMPLETE A COLLOCATION OR SITING APPLICATION. THE PERIOD MAY4
ALSO BE EXTENDED BY MUTUAL AGREEMENT OF THE APPLICANT AND THE5
LOCAL GOVERNMENT .6
(c) IF A LOCAL GOVERNMENT REQUIRES AN APPLICANT TO OBTAIN7
A TRAFFIC CONTROL PLAN OR OTHER PERMIT RELATED TO OBSTRUCTION8
OF, OR SAFETY IN, A PUBLIC RIGHT-OF-WAY BEFORE A COLLOCATION OR9
SITING APPLICATION IS APPROVED, THE APPLICANT SHALL NOT COMMENCE10
THE CONSTRUCTION OR SUBSTANTIAL CHANGE OF A WIRELESS SERVICE11
FACILITY PURSUANT TO A COLLOCATION OR SITING APPLICATION DEEMED12
APPROVED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION UNTIL THE13
TRAFFIC CONTROL PLAN OR OTHER PERMIT IS OBTAINED .14
(d) A LOCAL GOVERNMENT MAY SEEK JUDICIAL REVIEW OF THE15
DEEMED APPROVAL OF A COLLOCATION APPLICATION OR SITING16
APPLICATION PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION WITHIN17
THIRTY DAYS AFTER THE NOTICE DESCRIBED IN SUBSECTION (1)(a)(III) OF18
THIS SECTION IS PROVIDED TO THE LOCAL GOVERNMENT .19
(e) A LOCAL GOVERNMENT SHALL NOT :20
(I) UNREASONABLY WITHHOLD, CONDITION, OR DELAY APPROVAL21
OF THE ISSUANCE OF A TRAFFIC CONTROL PLAN OR OTHER PERMIT22
DESCRIBED IN SUBSECTION (1)(c) OF THIS SECTION TO DELAY THE23
APPROVAL OF A COLLOCATION APPLICATION OR SITING APPLICATION ; OR24
(II) PROHIBIT OR UNREASONABLY DISCRIMINATE IN FAVOR OF, OR25
AGAINST, ANY TECHNOLOGY IN TAKING ACTION ON A COLLOCATION OR26
SITING APPLICATION.27
1056
-6- (f) IF A LOCAL GOVERNMENT DETERMINES THAT A COLLOCATION1
OR SITING APPLICATION IS INCOMPLETE, THE LOCAL GOVERNMENT SHALL2
NOTIFY THE APPLICANT WITHIN THIRTY DAYS AFTER THE SUBMISSION OF3
THE APPLICATION. THE NOTIFICATION MUST BE WRITTEN, MUST CLEARLY4
AND SPECIFICALLY IDENTIFY THE MISSING DOCUMENTS OR INFORMATION5
THAT THE APPLICANT MUST SUBMIT TO RENDER THE APPLICATION6
COMPLETE, AND MUST IDENTIFY THE SPECIFIC REGULATION CREATING THE7
REQUIREMENT TO PROVIDE THE MISSING DOCUMENTS OR INFORMATION .8
TOLLING OF THE PERIOD DESCRIBED IN SUBSECTION (1)(a)(I) OF THIS9
SECTION BEGINS ON THE DATE THAT THE LOCAL GOVERNMENT PROVIDES10
THIS NOTIFICATION AND ENDS ON THE DATE THAT THE APPLICANT11
PROVIDES THE REQUESTED INFORMATION .12
(2) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION,13
NOTHING IN THIS SECTION LIMITS OR AFFECTS THE AUTHORITY OF A LOCAL14
GOVERNMENT OVER THE PLACEMENT OR CONSTRUCTION OF A WIRELESS15
SERVICE FACILITY.16
(3) NOTHING IN THIS SECTION SUPERSEDES , NULLIFIES, OR17
OTHERWISE ALTERS GENERALLY APPLICABLE AND NONDISCRIMINATORY18
BUILDING, ELECTRICAL, FIRE, OR OTHER SAFETY REQUIREMENTS .19
(4) NOTHING IN THIS SECTION SHALL BE INTERPRETED OR20
IMPLEMENTED IN A WAY THAT PREVENTS A LOCAL GOVERNMENT FROM21
PROMPTLY ACTING ON ANY OTHER PERMIT FOR USE, OCCUPATION,22
INSTALLATION, MODIFICATION, REPAIR, OR OPERATION IN THE PUBLIC23
RIGHTS-OF-WAY, INCLUDING BUT NOT LIMITED TO PERMITS FOR24
BROADBAND FACILITIES.25
26
SECTION 4. In Colorado Revised Statutes, add 29-27-405 as27
1056
-7- follows:1
29-27-405. Facility equipment replacement. (1) A LOCAL2
GOVERNMENT SHALL NOT REQUIRE A COLLOCATION OR SITING3
APPLICATION, OR ADDITIONAL PERMITS FOR THE MODIFICATION, REMOVAL,4
DISCONTINUANCE, OR REPLACEMENT OF A WIRELESS SERVICE FACILITY, OR5
EQUIPMENT ASSOCIATED THEREWITH , IF:6
(a) THE OWNER OR OPERATOR OF THE WIRELESS SERVICE FACILITY7
NOTIFIES THE LOCAL GOVERNMENT OF THE MODIFICATION, REMOVAL,8
DISCONTINUANCE, OR REPLACEMENT OF THE WIRELESS SERVICE FACILITY,9
OR EQUIPMENT ASSOCIATED WITH THE WIRELESS SERVICE FACILITY; AND10
(b) THE MODIFICATION, REMOVAL, DISCONTINUANCE, OR11
REPLACEMENT DOES NOT AMOUNT TO A SUBSTANTIAL CHANGE TO THE12
WIRELESS SERVICE FACILITY.13
(2) NOTHING IN THIS SECTION SUPERSEDES , NULLIFIES, OR14
OTHERWISE ALTERS GENERALLY APPLICABLE AND NONDISCRIMINATORY15
BUILDING, ELECTRICAL, FIRE, OR OTHER SAFETY REQUIREMENTS .16
SECTION 5. In Colorado Revised Statutes, 38-5.5-104.5, amend17
(1) as follows:18
38-5.5-104.5. Use of local government entity structures.19
(1) Except as provided in subsection (2) of this section and subject to the20
requirements and limitations of this article 5.5, sections 29-27-403 and21
29-27-404 PART 4 OF ARTICLE 27 OF TITLE 29, and a local government22
entity's police powers, a telecommunications provider or a broadband23
provider has the right to locate or collocate small cell facilities or small24
cell networks on the light poles, light standards, traffic signals, or utility25
poles in the rights-of-way owned by the local government entity; except26
that a small cell facility or a small cell network shall not be located or27
1056
-8- mounted on any apparatus, pole, or signal with tolling collection or1
enforcement equipment attached.2
SECTION 6. Act subject to petition - effective date -3
applicability. (1) This act takes effect at 12:01 a.m. on January 1, 2026;4
except that, if a referendum petition is filed pursuant to section 1 (3) of5
article V of the state constitution against this act or an item, section, or6
part of this act within such period, then the act, item, section, or part will7
not take effect unless approved by the people at the general election to be8
held in November 2026 and, in such case, will take effect on the date of9
the official declaration of the vote thereon by the governor.10
(2) This act applies to applications filed on or after the applicable11
effective date of this act.12
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-9-