House Bill 25-1056 Engrossed

A Bill for an Act

• Page 1, Line 101Concerning local government permitting of wireless

• Page 1, Line 102telecommunications facilities.

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:

• 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.
• 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.

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 bill takes effect on January 1, 2026.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 29-27-401 as

• Page 2, Line 3follows:

• Page 2, Line 429-27-401.  Legislative declaration. (1)  The general assembly

• Page 2, Line 5finds and declares that:

• Page 2, Line 6(a)  The permitting, construction, modification, maintenance, and

• Page 2, Line 7operation of broadband facilities are critical to ensuring that all citizens

• Page 2, Line 8in the state have true access to advanced technology and information;

• Page 2, Line 9(b)  These Broadband facilities are critical to ensuring that

• Page 2, Line 10businesses and schools throughout the state remain competitive in the

• Page 3, Line 1global economy; and

• Page 3, Line 2(c)  The permitting, construction, modification, maintenance, and

• Page 3, Line 3operation of these broadband facilities, to the extent specifically

• Page 3, Line 4addressed in this part 4, are declared to be matters of statewide concern

• Page 3, Line 5and interest.

• Page 3, Line 6(2)  The general assembly further finds and declares that reliable

• Page 3, Line 7wireless connectivity throughout the state:

• Page 3, Line 8(a)  Small cell facilities often may be deployed most effectively in

• Page 3, Line 9the public rights-of-way; and Is essential in supporting public safety

• Page 3, Line 10operations and ensuring that the public is able to access

• Page 3, Line 11life-saving assistance in times of crisis;

• Page 3, Line 12(b)  Access to local government structures is essential to the

• Page 3, Line 13construction and maintenance of wireless service facilities or broadband

• Page 3, Line 14facilities Is a significant driver of economic activity and

• Page 3, Line 15productivity for workers and organizations;

• Page 3, Line 16(c)  Is critical to providing access to information,

• Page 3, Line 17educational resources, and job opportunities; and

• Page 3, Line 18(d)  Can help urban, historically underserved, and rural

• Page 3, Line 19businesses improve workflow, while also amplifying visibility

• Page 3, Line 20and sales for those businesses.

• Page 3, Line 21(3)  The general assembly further finds and declares that

• Page 3, Line 22the efficient permitting of wireless facilities by local

• Page 3, Line 23governments:

• Page 3, Line 24(a)  Has a significant public safety and economic benefit to

• Page 3, Line 25Colorado; and

• Page 3, Line 26(b)  Is a matter of statewide concern.

• Page 3, Line 27SECTION 2.  In Colorado Revised Statutes, 29-27-402, amend

• Page 4, Line 1(3) and (7); and add (3.1), (3.3), (3.7), and (6.2) as follows:

• Page 4, Line 229-27-402.  Definitions. As used in this part 4, unless the context

• Page 4, Line 3otherwise requires:

• Page 4, Line 4(3)  "Collocation "Collocate" means the mounting or installation

• Page 4, Line 5of broadband service equipment on a tower, building, or structure with

• Page 4, Line 6existing broadband service equipment for the purpose of transmitting or

• Page 4, Line 7receiving radio frequency signals for communications purposes.

• Page 4, Line 8(3.1)  "Collocation application" means an application for

• Page 4, Line 9a collocation that results in a substantial change of an

• Page 4, Line 10existing wireless telecommunications facility.

• Page 4, Line 11(3.3)  "Local government" has the same meaning as set

• Page 4, Line 12forth in section 29-27-102 (3).

• Page 4, Line 13(3.7)  "Siting application" means an application for a new

• Page 4, Line 14wireless service facility.

• Page 4, Line 15(6.2)  "Substantial change" has the same meaning as set

• Page 4, Line 16forth in 47 CFR 1.6100 (b)(7), which implements the federal

• Page 4, Line 17"Spectrum Act of 2012", 47 U.S.C. sec. 1455 (a).

• Page 4, Line 18(7)  "Wireless service facility" or "facility" means a facility for

• Page 4, Line 19the provision of wireless services; except that "wireless service facility"

• Page 4, Line 20does not include coaxial or fiber-optic cable that is not immediately

• Page 4, Line 21adjacent to, or directly associated with, a particular antenna equipment

• Page 4, Line 22at a fixed location that enables wireless communications

• Page 4, Line 23between user equipment and a communications network,

• Page 4, Line 24including:

• Page 4, Line 25(a)  Macro and small cell facilities, transceivers,

• Page 4, Line 26antennas, coaxial or fiber-optic cable, regular and backup

• Page 4, Line 27power supplies, and comparable equipment, regardless of

• Page 5, Line 1technological configuration, but does not include coaxial or

• Page 5, Line 2fiber-optic cable that is not immediately adjacent to, or

• Page 5, Line 3directly associated with, a particular antenna; and

• Page 5, Line 4(b)  The support structure or improvements on, under, or

• Page 5, Line 5within which the equipment is collocated.

• Page 5, Line 6SECTION 3.  In Colorado Revised Statutes, repeal and reenact,

• Page 5, Line 7with amendments, 29-27-403 as follows:

• Page 5, Line 829-27-403.  Deemed approval of facilities. (1) (a)  A

• Page 5, Line 9collocation application or siting application for a wireless

• Page 5, Line 10service facility submitted to a local government is deemed

• Page 5, Line 11approved by the local government if:

• Page 5, Line 12(I)  The local government has not approved or rejected

• Page 5, Line 13the collocation application within ninety days after the

• Page 5, Line 14applicant complies with the first procedural step required by the

• Page 5, Line 15local government as part of its applicable regulatory review

• Page 5, Line 16process or within ninety days after the applicant submits a

• Page 5, Line 17collocation application if the local government's applicable

• Page 5, Line 18regulatory process does not specify that first procedural step;

• Page 5, Line 19except that the period for approval or rejection of a siting

• Page 5, Line 20application that is not for a collocation or a small cell facility

• Page 5, Line 21is one hundred twenty days;

• Page 5, Line 22(II)  The applicant has provided all public notices of the

• Page 5, Line 23application required under applicable law; and

• Page 5, Line 24(III)  The applicant has provided notice to the local

• Page 5, Line 25government that the applicable time period described in

• Page 5, Line 26subsection (1)(a)(I) of this section has lapsed and that the

• Page 5, Line 27application is deemed approved pursuant to this section.

• Page 6, Line 1(b)  A local government may toll the applicable period

• Page 6, Line 2described in subsection (1)(a)(I) of this section to allow the

• Page 6, Line 3local government to make timely requests for information to

• Page 6, Line 4complete a collocation or siting application. The period may

• Page 6, Line 5also be extended by mutual agreement of the applicant and the

• Page 6, Line 6local government.

• Page 6, Line 7(c)  If a local government requires an applicant to obtain

• Page 6, Line 8a traffic control plan or other permit related to obstruction

• Page 6, Line 9of, or safety in, a public right-of-way before a collocation or

• Page 6, Line 10siting application is approved, the applicant shall not commence

• Page 6, Line 11the construction or substantial change of a wireless service

• Page 6, Line 12facility pursuant to a collocation or siting application deemed

• Page 6, Line 13approved pursuant to subsection (1)(a) of this section until the

• Page 6, Line 14traffic control plan or other permit is obtained.

• Page 6, Line 15(d)  A local government may seek judicial review of the

• Page 6, Line 16deemed approval of a collocation application or siting

• Page 6, Line 17application pursuant to subsection (1)(a) of this section within

• Page 6, Line 18thirty days after the notice described in subsection (1)(a)(III) of

• Page 6, Line 19this section is provided to the local government.

• Page 6, Line 20(e)  A local government shall not:

• Page 6, Line 21(I)  Unreasonably withhold, condition, or delay approval

• Page 6, Line 22of the issuance of a traffic control plan or other permit

• Page 6, Line 23described in subsection (1)(c) of this section to delay the

• Page 6, Line 24approval of a collocation application or siting application; or

• Page 6, Line 25(II)  Prohibit or unreasonably discriminate in favor of, or

• Page 6, Line 26against, any technology in taking action on a collocation or

• Page 6, Line 27siting application.

• Page 7, Line 1(f)  If a local government determines that a collocation

• Page 7, Line 2or siting application is incomplete, the local government shall

• Page 7, Line 3notify the applicant within thirty days after the submission of

• Page 7, Line 4the application. The notification must be written, must clearly

• Page 7, Line 5and specifically identify the missing documents or information

• Page 7, Line 6that the applicant must submit to render the application

• Page 7, Line 7complete, and must identify the specific regulation creating the

• Page 7, Line 8requirement to provide the missing documents or information.

• Page 7, Line 9Tolling of the period described in subsection (1)(a)(I) of this

• Page 7, Line 10section begins on the date that the local government provides

• Page 7, Line 11this notification and ends on the date that the applicant

• Page 7, Line 12provides the requested information.

• Page 7, Line 13(2)  Except as otherwise expressly provided in this section,

• Page 7, Line 14nothing in this section limits or affects the authority of a local

• Page 7, Line 15government over the placement or construction of a wireless

• Page 7, Line 16service facility.

• Page 7, Line 17(3)  Nothing in this section supersedes, nullifies, or

• Page 7, Line 18otherwise alters generally applicable and nondiscriminatory

• Page 7, Line 19building, electrical, fire, or other safety requirements.

• Page 7, Line 20(4)  Nothing in this section shall be interpreted or

• Page 7, Line 21implemented in a way that prevents a local government from

• Page 7, Line 22promptly acting on any other permit for use, occupation,

• Page 7, Line 23installation, modification, repair, or operation in the public

• Page 7, Line 24rights-of-way, including but not limited to permits for

• Page 7, Line 25broadband facilities.

• Page 7, Line 27SECTION 4.  In Colorado Revised Statutes, add 29-27-405 as

• Page 8, Line 1follows:

• Page 8, Line 229-27-405.  Facility equipment replacement. (1)  A local

• Page 8, Line 3government shall not require a collocation or siting

• Page 8, Line 4application, or additional permits for the modification, removal,

• Page 8, Line 5discontinuance, or replacement of a wireless service facility, or

• Page 8, Line 6equipment associated therewith, if:

• Page 8, Line 7(a)  The owner or operator of the wireless service facility

• Page 8, Line 8notifies the local government of the modification, removal,

• Page 8, Line 9discontinuance, or replacement of the wireless service facility,

• Page 8, Line 10or equipment associated with the wireless service facility; and

• Page 8, Line 11(b)  The modification, removal, discontinuance, or

• Page 8, Line 12replacement does not amount to a substantial change to the

• Page 8, Line 13wireless service facility.

• Page 8, Line 14(2)  Nothing in this section supersedes, nullifies, or

• Page 8, Line 15otherwise alters generally applicable and nondiscriminatory

• Page 8, Line 16building, electrical, fire, or other safety requirements.

• Page 8, Line 17SECTION 5.  In Colorado Revised Statutes, 38-5.5-104.5, amend

• Page 8, Line 18(1) as follows:

• Page 8, Line 1938-5.5-104.5.  Use of local government entity structures.

• Page 8, Line 20(1)  Except as provided in subsection (2) of this section and subject to the

• Page 8, Line 21requirements and limitations of this article 5.5, sections 29-27-403 and

• Page 8, Line 2229-27-404 part 4 of article 27 of title 29, and a local government

• Page 8, Line 23entity's police powers, a telecommunications provider or a broadband

• Page 8, Line 24provider has the right to locate or collocate small cell facilities or small

• Page 8, Line 25cell networks on the light poles, light standards, traffic signals, or utility

• Page 8, Line 26poles in the rights-of-way owned by the local government entity; except

• Page 8, Line 27that a small cell facility or a small cell network shall not be located or

• Page 9, Line 1mounted on any apparatus, pole, or signal with tolling collection or

• Page 9, Line 2enforcement equipment attached.

• Page 9, Line 3SECTION 6.  Act subject to petition - effective date -

• Page 9, Line 4applicability. (1)  This act takes effect at 12:01 a.m. on January 1, 2026;

• Page 9, Line 5except that, if a referendum petition is filed pursuant to section 1 (3) of

• Page 9, Line 6article V of the state constitution against this act or an item, section, or

• Page 9, Line 7part of this act within such period, then the act, item, section, or part will

• Page 9, Line 8not take effect unless approved by the people at the general election to be

• Page 9, Line 9held in November 2026 and, in such case, will take effect on the date of

• Page 9, Line 10the official declaration of the vote thereon by the governor.

• Page 9, Line 11(2)  This act applies to applications filed on or after the applicable

• Page 9, Line 12effective date of this act.