Regulation of Broadband Services

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 26-0396.01 Christopher McMichael x4775 HOUSE BILL 26-1211 HOUSE SPONSORSHIP Story and Mabrey, SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT CONCERNING THE REGULATION OF BROADBAND SERVICES BY THE PUBLIC UTILITIES COMMISSION.

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.) The bill authorizes the public utilities commission (commission) to regulate broadband service and voice-over-internet protocol (VoIP) service in the state. The commission may adopt rules related to the quality, safety, and resiliency of broadband services in Colorado. The commission is authorized to conduct evaluations of broadband service facilities and infrastructure and to issue orders that require an Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

internet service provider to take remedial actions to correct unsafe or inadequate service. The commission is required to submit to the general assembly an annual report regarding the quality, safety, and resiliency of broadband and VoIP services.

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

SECTION 1. Short title. The short title of this act is the "Broadband Resiliency, Public Safety, and Quality Act".

SECTION 2. Legislative declaration. (1) The general assembly finds and declares that:

(a) essential for participation in the economy, education, and civic life;

Access to high-speed and reliable broadband service is

(b) Colorado must ensure that the state's residents have access to broadband networks that are resilient, high quality, and safe;

(c) Because voice-over-internet protocol service, or "VoIP service", has replaced traditional voice telephone service for a large segment of Colorado's population, ensuring the reliability of VoIP service is in the public interest; and (d) There is a need to address ambiguity in VoIP service regulations in order to establish and enforce appropriate oversight and regulation of broadband and VoIP services in order to meet the state's goals of providing high-quality, affordable, and safe broadband and VoIP services to Colorado residents.

SECTION 3. In Colorado Revised Statutes, add 40-15-210 as follows:

Regulation of broadband service and voice-over-internet protocol service by commission - definitions - rules.

(1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "BROADBAND" OR "BROADBAND SERVICE" MEANS BROADBAND INTERNET SERVICE PROVIDED OVER A BROADBAND NETWORK AND INCLUDES BROADBAND SERVICE PROVIDED OVER LOW EARTH ORBIT INTERNET SATELLITES.

(b) "INTERNET SERVICE PROVIDER" MEANS A PERSON, A BUSINESS, OR AN ORGANIZATION QUALIFIED TO DO BUSINESS IN THE STATE THAT PROVIDES INDIVIDUALS OR OTHER PERSONS WITH THE ABILITY TO CONNECT TO THE INTERNET THROUGH USE OF A BROADBAND SERVICE.

THE COMMISSION MAY REGULATE INTERNET SERVICE PROVIDERS VOICE-OVER-INTERNET PROTOCOL SERVICE IN THE STATE IN ACCORDANCE WITH THIS SECTION BY ADOPTING RULES TO REGULATE BROADBAND SERVICE AND VOIP SERVICE WITH RESPECT TO:

THAT PROVIDE BROADBAND SERVICE OR

(a) ESTABLISHING STANDARDS TO ENSURE THE RESILIENCY AND RELIABILITY OF BROADBAND INFRASTRUCTURE;

(b) REQUIRING INTERNET SERVICE PROVIDERS TO SUBMIT INFORMATION TO THE COMMISSION RELATED TO BROADBAND NETWORK RELIABILITY, ADEQUACY, AND RESILIENCY;

(c) OUTAGES;

(d) REQUIRING INTERNET SERVICE PROVIDERS TO REPORT ESTABLISHING SAFETY STANDARDS FOR BROADBAND NETWORKS TO ENSURE PUBLIC SAFETY;

(e) REQUIRING INTERNET SERVICE PROVIDERS TO SUBMIT PLANS RELATED TO EMERGENCY PREPAREDNESS AND POST-EMERGENCY BROADBAND NETWORK RESTORATION;

(f) ESTABLISHING MINIMUM POWER BACKUP REQUIREMENTS FOR INTERNET SERVICE PROVIDERS; AND

(g) REQUIRING INTERNET SERVICE PROVIDERS TO SUBMIT TO THE COMMISSION DATA AND INFORMATION RELATED TO THE DEPLOYMENT, AVAILABILITY, PRICING, AND ADOPTION OF BROADBAND SERVICE AND VOIP SERVICE.

(3) THE COMMISSION MAY CONDUCT EVALUATIONS AND AUDITS REGARDING THE QUALITY, SAFETY, AND RESILIENCY OF AN INTERNET SERVICE PROVIDER'S FACILITIES AND INFRASTRUCTURE USED TO PROVIDE BROADBAND SERVICE OR VOIP SERVICE.

(4) (a) IF THE COMMISSION CONDUCTS AN EVALUATION OR AUDIT IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION AND FINDS THAT THE PRACTICES, FACILITIES, INFRASTRUCTURE, OR SERVICE OF AN INTERNET SERVICE PROVIDER IS INADEQUATE TO ENSURE THE BROADBAND NETWORK'S QUALITY, RELIABILITY, OR SAFETY, OR IS IN VIOLATION OF ANY RULES ADOPTED PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE COMMISSION MAY ISSUE AN ORDER TO THE INTERNET SERVICE PROVIDER TO UNDERTAKE REMEDIAL ACTIONS.

(b) THE REMEDIAL ACTIONS ORDERED BY THE COMMISSION PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION MAY INCLUDE:

(I) REQUIRING AN INTERNET SERVICE PROVIDER TO CONDUCT MEASURES TO IMPROVE BROADBAND SERVICE OR CORRECT VIOLATIONS OF THIS SECTION;

(II) REQUIRING AN INTERNET SERVICE PROVIDER TO SUBMIT PLANS TO THE COMMISSION THAT DETAIL HOW THE INTERNET SERVICE PROVIDER WILL RESOLVE ANY BROADBAND SERVICE ISSUES OR HOW THE INTERNET SERVICE PROVIDER WILL CORRECT ANY VIOLATIONS OF THIS SECTION;

(III) PROHIBITING AN INTERNET SERVICE PROVIDER FROM CONDUCTING CERTAIN ACTIONS THAT MAY BE IN VIOLATION OF THIS SECTION;

(IV) REQUIRING AN INTERNET SERVICE PROVIDER TO BUILD, IMPROVE, OR REPAIR INFRASTRUCTURE OR FACILITIES RELATED TO BROADBAND SERVICE THAT MAY BE CAUSING ISSUES OF NETWORK RELIABILITY, SAFETY, OR AFFORDABILITY OR THAT ARE CAUSING VIOLATIONS OF THIS SECTION; AND

(V) ISSUING FINES TO AN INTERNET SERVICE PROVIDER THAT VIOLATES THIS SECTION OR RULES ADOPTED BY THE COMMISSION PURSUANT TO THIS SECTION.

(c) THE COMMISSION SHALL CREDIT ANY FINES COLLECTED PURSUANT TO THIS SECTION TO THE GENERAL FUND.

(5) (a) ON AND AFTER SEPTEMBER 1, 2027, AND ON AND AFTER SEPTEMBER 1 OF EACH YEAR THEREAFTER, THE COMMISSION SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY RELATED TO THE QUALITY, RESILIENCY, AND SAFETY OF THE STATE'S BROADBAND SERVICE AND VOIP SERVICE.

(b) THE REPORT CONDUCTED BY THE COMMISSION PURSUANT TO THIS SUBSECTION (5) MUST INCLUDE THE FOLLOWING INFORMATION, WITH RESPECT TO THE PRIOR YEAR:

(I) THE AMOUNT OF PEOPLE IN COLORADO THAT ARE RECEIVING BROADBAND SERVICE FROM INTERNET SERVICE PROVIDERS;

(II) BROADBAND SERVICE PERFORMANCE DATA AND MEASUREMENTS RELATED TO THE QUALITY, RELIABILITY, SAFETY, AND AFFORDABILITY OF BROADBAND SERVICE, AS COMPARED TO ESTABLISHED INDUSTRY STANDARDS FOR BROADBAND SERVICE PERFORMANCE;

(III) A LIST OF BROADBAND SERVICE OUTAGES THAT OCCURRED WITHIN EACH INTERNET SERVICE PROVIDER'S SERVICE TERRITORY AND HOW THE SERVICE OUTAGES WERE RESOLVED;

(IV) ANY VIOLATIONS THAT THE COMMISSION FOUND AGAINST AND ANY FINES THAT THE COMMISSION ISSUED TO AN INTERNET SERVICE PROVIDER FOR A VIOLATION OF THIS SECTION OR RULES ADOPTED PURSUANT TO THIS SECTION AND THE OUTCOME OF THE VIOLATIONS FOUND; AND (V) ANY OTHER INFORMATION RELEVANT TO THE QUALITY, RELIABILITY, SAFETY, AND AFFORDABILITY OF BROADBAND SERVICE, AS DETERMINED BY THE COMMISSION.

(c) THE COMMISSION SHALL SUBMIT THE REPORT PREPARED PURSUANT TO THIS SUBSECTION (5) TO THE HOUSE OF REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE SENATE BUSINESS, LABOR, COMMITTEES.

AND TECHNOLOGY COMMITTEE, OR THEIR SUCCESSOR

(d) THE COMMISSION MAY ADOPT ANY RULES NECESSARY RELATED TO THE SUBMISSION OR COLLECTION OF INFORMATION FROM AN INTERNET SERVICE PROVIDER IN ORDER TO CONDUCT THE REPORT REQUIRED PURSUANT TO THIS SUBSECTION (5).

(e) THE REPORTS REQUIRED BY SUBSECTION (5)(a) OF THIS SECTION ARE EXEMPT FROM SECTION 24-1-136 (11)(a)(I).

SECTION 4. In Colorado Revised Statutes, 40-15-401, amend (1)(c), (1)(i), and (1)(q); and repeal (1)(r) as follows: 40-15-401. Services, products, and providers exempt from regulation - definition. (1) The following products, services, and providers are exempt from regulation under this article 15 or under the "Public Utilities Law" of the state of Colorado:

(c) Commercial mobile radio services; EXCEPT THAT THE COMMISSION MAY REGULATE BROADBAND SERVICE IN ACCORDANCE WITH

SECTION 40-15-210;

(i) Information services; EXCEPT THAT THE COMMISSION MAY REGULATE BROADBAND SERVICE IN ACCORDANCE WITH SECTION (q) Internet-protocol-enabled services;

EXCEPT THAT THE COMMISSION MAY REGULATE BROADBAND SERVICE IN ACCORDANCE WITH

SECTION 40-15-210;

(r) Voice-over-internet protocol service;

SECTION 5. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.