News
A new law will deny Colorado’s multi-dwelling unit (MDU) owners the ability to restrict provider access for installation of infrastructure for high-speed broadband.
By: Brad Randall, Broadband Communities
Legislation compelling Colorado’s MDU owners to comply with requests from providers to install equipment for broadband is now on the books.
The legislation, recently signed into law by Colorado Gov. Jared Polis (D), was one of multiple ‘broadband bills’ signed into law by the governor on May 22.
Additionally, Gov. Polis signed legislation assigning the Colorado Broadband Office as administrator of the state’s High-Cost Support Mechanism.
The High-Cost Support Mechanism provides financial aid for broadband services in rural communities. The program, previously operated by the Public Utilities Commission, is funded with a surcharge paid by telecommunications providers, a release from the Colorado Governor’s Office of Information and Technology stated.
Also signed were House Bill 24-1336 and House Bill 24-1036.
House Bill 24-1336 is described as legislation that expands how the state can use broadband funding. Meanwhile, House Bill 24-1036 will Colorado’s Rural Broadband Equipment Sales and Use Tax Refund.
“Broadband providers can receive a refund on state sales and use tax for property installed in a target area to provide broadband service,” the announcement about the law’s ratification by the governor stated. “This initiative encourages infrastructure expansion in rural areas, benefiting rural providers and households.”
Executive Director of the Colorado Broadband Office Brandy Reitter said the newly signed laws represent “significant progress” for broadband expansion in Colorado.
“They empower the state to utilize broadband funding to drive connectivity and progress and we appreciate the work of the sponsors and the governor signing these bills into law,” Reitter said.
Similarly, Program Manager and Broadband Deployment Board Liaison of the Colorado Broadband Office Brian Martin offered comments.
Martin said the new legislation has “paved the way for a more connected and prosperous future for all residents.”
Conditions surrounding MDU access for ISPs
House Bill 24-1334 allows a provider access to MDUs and multi-unit buildings to install equipment if certain conditions are met.
According to the legislation, providers must provide written 60-day notice to owners of properties they want to access.
However, an owner’s failure to respond to the notice after a minimum of two attempts to reach them will now be considered as authorization for access to the property.
A provider must still gain consent from individual tenants before entering the tenant’s premises.
A report published by The Coloradoan explained why some advocated for the legislation, highlighting that some of Colorado’s MDU owners owners have been unresponsive to requests for property access from broadband providers.
The law also covers situations in which MDU owners deny access due to fears that the aesthetics of a property will be damaged.
“If a property owner is nonresponsive or refuses to engage with the provider in regard to the aesthetics of the property, the provider shall install broadband facilities in accordance with how the broadband (ISP) has reasonable assessed as meeting the aesthetics of the property,” the legislation states.
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