2016 Colorado Revised Statutes
Title 38 - Property - Real and Personal
Eminent Domain
Article 5.5 - Rights-of-Way: Telecommunications Providers
§ 38-5.5-103. Use of public highways - discrimination prohibited - content regulation prohibited

CO Rev Stat ยง 38-5.5-103 (2016) What's This?

(1) Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state shall have the right to construct, maintain, and operate conduit, cable, switches, and related appurtenances and facilities along, across, upon, and under any public highway in this state, subject to the provisions of this article and of article 1.5 of title 9, C.R.S.; and the construction, maintenance, operation, and regulation of such facilities, including the right to occupy and utilize the public rights-of-way, by telecommunications providers and broadband providers are hereby declared to be matters of statewide concern. Such facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel on such highway.

(2) No political subdivision shall discriminate among or grant a preference to competing telecommunications providers in the issuance of permits or the passage of any ordinance for the use of its rights-of-way, nor create or erect any unreasonable requirements for entry to the rights-of-way for such providers.

(3) No political subdivision shall regulate telecommunications providers based upon the content or type of signals that are carried or capable of being carried over the provider's facilities; except that nothing in this subsection (3) shall be construed to prevent such regulation by a political subdivision when the authority to so regulate has been granted to the political subdivision under federal law.

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