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, 29-27-402, amend
Page 2, Line 3(3) as follows:
Page 2, Line 429-27-402. Definitions. As used in this part 4, unless the context
Page 2, Line 5otherwise requires:
Page 2, Line 6(3)
"CollocationPage 2, Line 7of broadband service equipment on a tower, building, or structure with
Page 2, Line 8existing broadband service equipment for the purpose of transmitting or
Page 2, Line 9receiving radio frequency signals for communications purposes.
Page 2, Line 10SECTION 2. In Colorado Revised Statutes, repeal 29-27-403.
Page 3, Line 1SECTION 3. In Colorado Revised Statutes, add part 6 to article
Page 3, Line 227 of title 29 as follows:
Page 3, Line 3PART 6
Page 3, Line 4LOCAL GOVERNMENT PERMITTING OF
Page 3, Line 5WIRELESS TELECOMMUNICATIONS FACILITIES
Page 3, Line 629-27-601. Legislative declaration. (1) The general assembly
Page 3, Line 7finds that reliable wireless telecommunications connectivity
Page 3, Line 8throughout the state:
Page 3, Line 9(a) Is essential in supporting public safety operations and
Page 3, Line 10ensuring that the public is able to access life-saving assistance
Page 3, Line 11in times of crisis;
Page 3, Line 12(b) Is a significant driver of economic activity and
Page 3, Line 13productivity for workers and organizations;
Page 3, Line 14(c) Is critical to providing access to information,
Page 3, Line 15educational resources, and job opportunities; and
Page 3, Line 16(d) Can help urban, historically underserved, and rural
Page 3, Line 17businesses improve workflow, while also amplifying visibility
Page 3, Line 18and sales for those businesses.
Page 3, Line 19(2) The general assembly therefore declares that the
Page 3, Line 20efficient permitting of wireless telecommunications facilities by
Page 3, Line 21local governments:
Page 3, Line 22(a) Has a significant public safety and economic benefit to
Page 3, Line 23Colorado; and
Page 3, Line 24(b) Is a matter of statewide concern.
Page 3, Line 2529-27-602. Definitions.As used in this part 6, unless the
Page 3, Line 26context otherwise requires:
Page 3, Line 27(1) "Collocation or siting application" or "application"
Page 4, Line 1means an application by a telecommunications provider for:
Page 4, Line 2(a) The siting and construction of a new wireless
Page 4, Line 3telecommunications facility; or
Page 4, Line 4(b) The substantial change of an existing wireless
Page 4, Line 5telecommunications facility.
Page 4, Line 6(2) "Local government" means a home rule or statutory
Page 4, Line 7county, city, or city and county.
Page 4, Line 8(3) "Substantial change" has the meaning set forth in 47
Page 4, Line 9CFR 1.6100 (b)(7).
Page 4, Line 10(4) "Telecommunications provider" means a person that
Page 4, Line 11provides a wireless telecommunications service.
Page 4, Line 12(5) "Wireless telecommunications facility" or "facility"
Page 4, Line 13means equipment at a fixed location that enables wireless
Page 4, Line 14communications between user equipment and a communications
Page 4, Line 15network, including:
Page 4, Line 16(a) Macro and small wireless facilities, transceivers,
Page 4, Line 17antennas, coaxial or fiber-optic cable, regular and backup
Page 4, Line 18power supplies, and comparable equipment, regardless of
Page 4, Line 19technological configuration; and
Page 4, Line 20(b) The support structure or improvements on, under, or
Page 4, Line 21within which the equipment is collocated.
Page 4, Line 2229-27-603. Deemed approval of facilities after sixty-day
Page 4, Line 23period. (1) (a) A collocation or siting application for a wireless
Page 4, Line 24telecommunications facility submitted to a local government
Page 4, Line 25is deemed approved by the local government if:
Page 4, Line 26(I) The local government has not approved or rejected
Page 4, Line 27the application within sixty days after the application is
Page 5, Line 1submitted to the local government or a pre-application meeting
Page 5, Line 2or other documented communication between the local
Page 5, Line 3government and the telecommunications provider is conducted,
Page 5, Line 4whichever is earlier;
Page 5, Line 5(II) The telecommunications provider has provided all
Page 5, Line 6public notices of the application required under applicable law;
Page 5, Line 7and
Page 5, Line 8(III) The telecommunications provider has provided notice
Page 5, Line 9to the local government that the sixty-day time period has
Page 5, Line 10lapsed and that the application is deemed approved pursuant to
Page 5, Line 11this section.
Page 5, Line 12(b) A local government may toll the sixty-day time period
Page 5, Line 13described in subsection (1)(a)(I) of this section to allow the
Page 5, Line 14local government to make timely requests for information to
Page 5, Line 15complete a collocation or siting application. The sixty-day time
Page 5, Line 16period may also be extended by mutual agreement of the
Page 5, Line 17telecommunications provider and the local government.
Page 5, Line 18(c) If a local government requires a telecommunications
Page 5, Line 19provider to obtain a traffic control plan or other permit
Page 5, Line 20related to obstruction of, or safety in, a public right-of-way
Page 5, Line 21before a collocation or siting application is approved, the
Page 5, Line 22telecommunications provider shall not commence the
Page 5, Line 23construction or substantial change of a wireless
Page 5, Line 24telecommunications facility pursuant to a collocation or siting
Page 5, Line 25application approved pursuant to subsection (1)(a) of this section
Page 5, Line 26until the traffic control plan or other permit is obtained.
Page 5, Line 27(d) A local government may seek judicial review of the
Page 6, Line 1deemed approval of a collocation or siting application pursuant
Page 6, Line 2to subsection (1)(a) of this section within thirty days after the
Page 6, Line 3notice described in subsection (1)(a)(III) of this section is
Page 6, Line 4provided to the local government.
Page 6, Line 5(e) A local government shall not:
Page 6, Line 6(I) Unreasonably withhold, condition, or delay approval
Page 6, Line 7of the issuance of a traffic control plan or other permit
Page 6, Line 8described in subsection (1)(c) of this section to delay the
Page 6, Line 9approval of a collocation or siting application; or
Page 6, Line 10(II) Prohibit or unreasonably discriminate in favor of, or
Page 6, Line 11against, any particular wireless technology in taking action on
Page 6, Line 12a collocation or siting application.
Page 6, Line 13(f) If a collocation or siting application submitted to a
Page 6, Line 14local government is incomplete, the local government shall
Page 6, Line 15notify the applicant within thirty days after the submission of
Page 6, Line 16the application or a pre-application meeting or other
Page 6, Line 17documented communication between the local government and
Page 6, Line 18the telecommunications provider is conducted, whichever is
Page 6, Line 19earlier. The notification must be written and clearly explain
Page 6, Line 20how the application is incomplete.
Page 6, Line 21(2) Except as otherwise expressly provided in this section,
Page 6, Line 22nothing in this section limits or affects the authority of a local
Page 6, Line 23government over the placement or construction of a wireless
Page 6, Line 24telecommunications facility.
Page 6, Line 25(3) Nothing in this section supersedes, nullifies, or
Page 6, Line 26otherwise alters applicable laws related to safety.
Page 6, Line 2729-27-604. Facility equipment replacement. (1) A local
Page 7, Line 1government shall not require a telecommunications provider
Page 7, Line 2that removes, discontinues, or replaces telecommunications
Page 7, Line 3equipment at an existing wireless telecommunications facility
Page 7, Line 4to file a new collocation or siting application or obtain
Page 7, Line 5additional permits for the removal, discontinuance, or
Page 7, Line 6replacement of the equipment if:
Page 7, Line 7(a) The telecommunications provider notifies the local
Page 7, Line 8government of the necessary removal, discontinuance, or
Page 7, Line 9replacement of the telecommunications equipment; and
Page 7, Line 10(b) The removal, discontinuance, or replacement of the
Page 7, Line 11telecommunications equipment is not a substantial change.
Page 7, Line 12SECTION 4. In Colorado Revised Statutes, 38-5.5-104.5, amend
Page 7, Line 13(1) as follows:
Page 7, Line 1438-5.5-104.5. Use of local government entity structures.
Page 7, Line 15(1) Except as provided in subsection (2) of this section and subject to the
Page 7, Line 16requirements and limitations of this article 5.5,
sections 29-27-403 andPage 7, Line 17
29-27-404Page 7, Line 18local government entity's police powers, a telecommunications provider
Page 7, Line 19or a broadband provider has the right to locate or collocate small cell
Page 7, Line 20facilities or small cell networks on the light poles, light standards, traffic
Page 7, Line 21signals, or utility poles in the rights-of-way owned by the local
Page 7, Line 22government entity; except that a small cell facility or a small cell network
Page 7, Line 23shall not be located or mounted on any apparatus, pole, or signal with
Page 7, Line 24tolling collection or enforcement equipment attached.
Page 7, Line 25SECTION 5. Act subject to petition - effective date -
Page 7, Line 26applicability. (1) This act takes effect at 12:01 a.m. on January 1, 2026;
Page 7, Line 27except that, if a referendum petition is filed pursuant to section 1 (3) of
Page 8, Line 1article V of the state constitution against this act or an item, section, or
Page 8, Line 2part of this act within such period, then the act, item, section, or part will
Page 8, Line 3not take effect unless approved by the people at the general election to be
Page 8, Line 4held in November 2026 and, in such case, will take effect on the date of
Page 8, Line 5the official declaration of the vote thereon by the governor.
Page 8, Line 6(2) This act applies to applications filed on or after the applicable
Page 8, Line 7effective date of this act.