§ 38-5.5-104.5 — Use of local government entity structures

Colorado § 38-5.5-104.5

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Rights-of-way: Telecommunications Providers

Text

(1) [ Editor's note:
This version of subsection (1) is effective until January 1, 2026. ] 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 poles,
light standards, traffic signals, or utility poles in the rights-of-way owned by the
local government entity; except that, a small cell facility or a small cell network
shall not be located or mounted on any apparatus, pole, or signal with tolling
collection or enforcement equipment attached.

(1) [ Editor's note: This version of subsection (1) is effective January 1, 2026. ] Except as provided in subsection (2) of this section and subject to the requirements
and limitations of this article 5.5, part 4 of article 27 of title 29, 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 poles, light standards, traffic signals, or utility poles in the
rights-of-way owned by the local government entity; except that, a small cell
facility or a small cell network shall not be located or mounted on any apparatus,
pole, or signal with tolling collection or enforcement equipment attached.

(2) If, at any time, the construction, installation, operation, or maintenance of
a small cell facility on a local government entity's light pole, light standard, traffic
signal, or utility pole fails to comply with applicable law, the local government
entity, by providing the telecommunications provider or the broadband provider
notice and a reasonable opportunity to cure the noncompliance, may:

(a) Cause the attachment on the affected structure to be removed; and

(b) Prohibit future, noncompliant use of the light pole, light standard, traffic
signal, or utility pole.

(3) (a) Except as provided in subsections (3)(b) and (3)(c) of this section, a
local government entity shall not impose any fee or require any application or
permit for the installation, placement, operation, maintenance, or replacement of
micro wireless facilities that are suspended on cable operator-owned cables or
lines that are strung between existing utility poles in compliance with national
safety codes.

(b) A local government entity with a municipal or county code that requires
an application or permit for the installation of micro wireless facilities may, but is
not required to, continue the application or permit requirement subsequent to July 1,
2017.

(c) A local government entity may require a single-use right-of-way permit if
the installation, placement, operation, maintenance, or replacement of micro
wireless facilities:

(I) Involves working within a highway travel lane or requires the closure of a
highway travel lane;

(II) Disturbs the pavement or a shoulder, roadway, or ditch line;

(III) Includes placement on limited access rights-of-way; or

(IV) Requires any specific precautions to ensure the safety of the traveling
public; the protection of public infrastructure; or the operation of public
infrastructure; and such activities either were not authorized in, or will be
conducted in a time, place, or manner that is inconsistent with, the approval terms
of the existing permit for the facility or structure upon which the micro wireless
facility is attached.

Legislative History

Source: L. 2017: Entire section added, (HB 17-1193), ch. 143, p. 478, � 8, effective July 1. L. 2025: (1) amended, (HB 25-1056), ch. 434, p. 2509, � 5, effective January 1, 2026.