US Lawyer Database

§ 38-5.5-101. Legislative Declaration

The general assembly hereby finds, determines, and declares that: The passage of House Bill 95-1335, enacted at the first regular session of the sixtieth general assembly, established a policy within the state to encourage competition among the various telecommunications providers, to reduce the barriers to entry for those providers, to authorize and encourage competition within […]

§ 38-5.5-102. Definitions

As used in this article 5.5, unless the context otherwise requires: “Broadband” or “broadband service” has the same meaning as set forth in 7 U.S.C. sec. 950bb (b)(1) as of August 6, 2014, and includes “cable service”, as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014. “Broadband facility” means any infrastructure […]

§ 38-5.5-104. Right-of-Way Across State Land

Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate lines of communication, switches, and related facilities, and communications and broadband facilities, including small cell facilities and small cell networks, and obtain a permanent right-of-way for the facilities […]

§ 38-5.5-104.5. Use of Local Government Entity Structures

Except as provided in subsection (2) of this section and subject to the requirements and limitations of this article 5.5, sections 29-27-403 and 29-27-404, and a local government entity’s police powers, a telecommunications provider or a broadband provider has the right to locate or collocate small cell facilities or small cell networks on the light […]

§ 38-5.5-105. Power of Companies to Contract

Any domestic or foreign telecommunications provider or broadband provider has the power to contract with any individual; corporation; or the owner of any lands, franchise, easement, or interest therein over or under which the provider’s conduits; cable; switches; communications or broadband facilities, including small cell facilities and small cell networks; or related appurtenances and facilities […]

§ 38-5.5-106. Consent Necessary for Use of Streets

This article 5.5 does not authorize any telecommunications provider or broadband provider to erect, within a political subdivision, any poles or construct any communications or broadband facilities, including small cell facilities and small cell networks; conduit; cable; switch; or related appurtenances and facilities along, through, in, upon, under, or over any public highway without first […]

§ 38-5.5-107. Permissible Taxes, Fees, and Charges

No political subdivision shall levy a tax, fee, or charge for any right or privilege of engaging in a business or for use of a public highway other than: A license fee or tax authorized under section 31-15-501 (1)(c), C.R.S., or article XX of the state constitution; and A street or public highway construction permit […]

§ 38-5.5-108. Pole Attachment Agreements – Limitations on Required Payments

Neither a local government entity nor a municipally owned utility shall request or receive from a telecommunications provider, broadband provider, or cable television provider, as defined in section 602 (5) of the federal “Cable Communications Policy Act of 1984”, in exchange for permission to attach small cell facilities, broadband devices, or telecommunications devices to poles […]

§ 38-5.5-109. Notice of Trenching – Permitted Access

The state or a political subdivision shall provide notice on a competitively neutral basis to broadband providers of any utility trenching project that it conducts, but notice is not required for emergency repair projects. The state or political subdivision shall provide the notice a minimum of ten business days prior to the start of the […]