Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0172.01 EBD HOUSE BILL 97­1051

STATE OF COLORADO

BY REPRESENTATIVE McPherson;

also SENATOR Feeley.

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING MULTI­UNIT BUILDING ACCESS BY TELECOMMUNICATIONS PROVIDERS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Defines "multi­unit building" as a building or a group of buildings that is leased or designed to be occupied by two or more families or businesses. Requires building owners and managers to allow each occupant access to the telecommunications services provider of the occupant's choice. Allows the building owner to require reasonable and nondiscriminatory compensation from providers of telecommunications service for granting multi­unit building access. Allows building owners and managers to impose requirements necessary to protect the safety of the property and the safety and security of other persons.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Part 1 of article 15 of title 40, Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

40­15­105.5. Building access. (1)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "MULTI­UNIT BUILDING" MEANS A BUILDING, PART OF A BUILDING, OR A COLLECTION OF BUILDINGS THAT IS RENTED, LEASED, OCCUPIED, OR DESIGNED TO BE OCCUPIED AS:

(I)  THE HOME OF TWO OR MORE FAMILIES OR GROUPS OF COHABITANTS, EACH OF WHICH FAMILIES OR GROUPS LIVES INDEPENDENTLY OF THE OTHERS; OR

(II)  THE PLACE OF BUSINESS OF TWO OR MORE PERSONS CONDUCTING BUSINESS INDEPENDENTLY OF EACH OTHER; OR

(III)  COMBINATIONS OF SUCH HOMES AND SUCH PLACES OF BUSINESS.

(b)  "NETWORK INTERFACE DEVICE" MEANS A CROSS­CONNECT DEVICE USED TO CONNECT LOOP FACILITIES TO INSIDE WIRING.

(2)  NO PERSON OWNING, LEASING, CONTROLLING, OR MANAGING A MULTI­UNIT BUILDING, REFERRED TO IN THIS SECTION AS A "MANAGER", SHALL FORBID OR UNREASONABLY RESTRICT ANY OCCUPANT, TENANT, OR LESSEE OF SUCH BUILDING FROM RECEIVING TELECOMMUNICATIONS SERVICES FROM ANY PROVIDER AUTHORIZED BY THE PUBLIC UTILITIES COMMISSION. THE MANAGER MAY REQUIRE FROM ANY SUCH PROVIDER OF TELECOMMUNICATIONS SERVICES JUST AND REASONABLE COMPENSATION FOR PURPOSES OF ACCESSING THE BUILDING TO SERVE ANY OCCUPANT, TENANT, OR LESSEE OR FOR THE USE OF BUILDING FACILITIES. BUILDING FACILITIES ACCESS INCLUDES, BUT IS NOT LIMITED TO, BUILDING ENTRY, ACCESS TO THE INCUMBENT LOCAL EXCHANGE CARRIER'S NETWORK INTERFACE DEVICE, AND ACCESS TO ALL MEANS AND LOCATIONS NECESSARY FOR THE PROVISION OF SUCH SERVICES. THE MANAGER SHALL NOT DISCRIMINATE IN MATTERS OF CHARGING COMPENSATION BETWEEN OR AMONG PROVIDERS OF TELECOMMUNICATIONS SERVICES NOR IMPOSE UPON ANY PROVIDER OF TELECOMMUNICATIONS SERVICES A GREATER CHARGE FOR COMPENSATION THAN THAT IMPOSED, IF ANY, ON THE INCUMBENT LOCAL EXCHANGE CARRIER. NOTHING IN THIS SECTION SHALL AFFECT THE ABILITY OF A MANAGER TO IMPOSE, ON A COMPETITIVELY NEUTRAL BASIS, REQUIREMENTS NECESSARY TO PROTECT THE SAFETY AND SECURITY OF THE PROPERTY AND THE SAFETY AND CONVENIENCE OF OTHER PERSONS.

(3)  IN THE EVENT OF A DISPUTE BETWEEN A PROVIDER OF TELECOMMUNICATIONS SERVICES AND A MANAGER CONCERNING THEIR OBLIGATIONS UNDER THIS SECTION, THE PROVIDER OR THE MANAGER MAY APPLY TO THE COMMISSION FOR RESOLUTION OF SUCH DISPUTE. THE COMMISSION SHALL EMPLOY EXPEDITED PROCEDURES IN RESOLVING ANY SUCH DISPUTE AND IS EXPRESSLY AUTHORIZED TO DEPART FROM THE NOTICE, HEARING, AND EVIDENTIARY REQUIREMENTS OF ARTICLE 6 OF THIS TITLE; EXCEPT THAT THE COMMISSION'S DECISION SHALL BE SUBJECT TO REVIEW BY THE DISTRICT COURT AS PROVIDED IN SECTION 40­6­115 (1), (4), AND (5). FACTUAL DETERMINATION OF THE COMMISSION SHALL BE SUBJECT TO REVIEW DE NOVO IN THE DISTRICT COURT.

SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.