Colorado Opens MDU Access

The State of Colorado has entered the fray by providing better access to broadband for those living in multi-dwelling units (MDUs). Colorado enacted HB 24-1334 which takes an aggressive position on granting internet service providers (ISPs) access to MDUs. The law says that an MDU building owner can’t deny access to an ISP that wants to install broadband infrastructure. I call this an aggressive law because it gives a building owner 60 days to respond to a request by an ISP to build broadband infrastructure. If the landlord doesn’t respond in that time frame, the failure to respond is deemed to be authorization for the ISP to proceed. One of the most interesting aspects of the law is that a property owner cannot discriminate in rental charges or other fees for a tenant subscribing to an ISP. The Federal Communications Commission is considering a nationwide rule that would allow tenants to opt out of a broadband or cable TV fee that is included in the rent—the Colorado legislation goes a lot further.