Colorado § 38-5.5-106 Consent necessary for use of streets

Colorado Statutes

§ 38-5.5-106 — Consent necessary for use of streets

Colorado § 38-5.5-106

Title 38Property -

Art.Rights-of-way: Telecommunications Providers

This text of Colorado § 38-5.5-106 (Consent necessary for use of streets) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-5.5-106 (2026).

Text

(1)(a) This article 5.5 does not authorize any telecommunications provider or broadband provider to erect, within a political subdivision, any poles or construct any communications or broadband facilities, including small cell facilities and small cell networks; conduit; cable; switch; or related appurtenances and facilities along, through, in, upon, under, or over any public highway without first obtaining the consent of the authorities having power to give the consent of the political subdivision.

(b)A telecommunications provider or broadband provider that, on or before July 1, 2017, either has obtained consent of the political subdivision having power to give consent or is lawfully occupying a public highway in a political subdivision need not apply for additional or continu

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(1) (a) This article 5.5
does not authorize any telecommunications provider or broadband provider to
erect, within a political subdivision, any poles or construct any communications or
broadband facilities, including small cell facilities and small cell networks; conduit;
cable; switch; or related appurtenances and facilities along, through, in, upon,
under, or over any public highway without first obtaining the consent of the
authorities having power to give the consent of the political subdivision.

(b) A telecommunications provider or broadband provider that, on or before
July 1, 2017, either has obtained consent of the political subdivision having power to
give consent or is lawfully occupying a public highway in a political subdivision
need not apply for additional or continued consent of the political subdivision under
this section.

(c) Notwithstanding any other provision of law, a political subdivision's
consent given to a telecommunications provider or a broadband provider to erect or
construct any poles, or to locate or collocate communications and broadband
facilities on vertical structures in a right-of-way, does not extend to the location of
new facilities or to the erection or construction of new poles in a right-of-way not
specifically referenced in the grant of consent.

(2) (a) The consent of a political subdivision for the use of a public highway
within its jurisdiction shall be based upon a lawful exercise of its police power and
shall not be unreasonably withheld.

(b) A political subdivision shall not create any preference or disadvantage
through the granting or withholding of its consent. A political subdivision's decision
that a vertical structure in the right-of-way, including a vertical structure owned by
a municipality, lacks space or load capacity for communications or broadband
facilities, or that the number of additional vertical structures in the rights-of-way
should be reasonably limited, consistent with protection of public health, safety,
and welfare, does not create a preference for or disadvantage any
telecommunications provider or broadband provider, provided that such decision
does not have the effect of prohibiting a provider's ability to provide service within
the service area of the proposed facility.

Legislative History

Source: L. 96: Entire article added, p. 301, � 1, effective April 12. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 480, � 10, effective July 1.