Colorado Opens Highway Right-of-Ways to Broadband Installation

Colorado communities and service providers looking to improve broadband access will have a new, accelerated and discounted option to help expand high-speed Internet access throughout the state.

The Colorado Transportation Commission approved a fee schedule to facilitate access to Colorado Department of Transportation (CDOT) rights of way — the land owned by the state alongside its roadways — for the purpose of third parties installing fiber and expanding broadband.

This adopted fee schedule, more than 90 percent lower than the version initially proposed, makes CDOT property available for broad- band development in accordance with Governor Jared Polis’ 2022 executive order to accelerate broadband in Colorado and ensure people have access to the Internet in every cor- ner of the state.

The fee schedule — the lowest of Colorado’s surrounding states and southwestern neighbors — comes after months of engagement with local governments, industry members and community members, and is aligned with the bipartisan Senate Bill 22- 083, sponsored by former Sen. Don Coram and State Reps. Marc Catlin and Susan Bird.

“Just as our transportation system creates vital connections for all Coloradans, we all need the modern connectivity of broadband to fully access opportunities and services. The Transportation Commission has heard the perspectives of local com- munities throughout the state as well as industry concerns, and the proposal that we approved today offers greater opportunities for broadband development, competes favorably with our neighboring states on costs, and meets the state’s existing legal obligations to care for the public land under our responsibility,” said Transportation Commission Chair Karen Stuart.

The new fee schedule charges an annual property use surcharge as well as a onetime upfront fee to cover per- mitting costs, set as low as possible to only cover some administrative costs.

This follows the methodology used by the U.S. Forest Service for access to federal lands, which means that Colorado’s structure uses a setup that is familiar to the broadband industry.

This will also make access costs in Colorado lower than in neighboring states.

In scenarios modeled by CDOT staff, the costs for broadband companies to access similar amounts of land for fiber optic lines are less than one-tenth of the cost in Colorado compared to Arizona and New Mexico, one-fiftieth of the cost compared to Utah, and less than or equal to costs in Nevada.

“Underserved communities have an urgent need for improved broadband access, and today’s access fee plan offers another option for high-speed internet development throughout Colorado. CDOT’s right of way offers critical access to many of these communities, and so it is particularly important for this access proposal to move forward and offer these options as soon as possible. The fee structure works to strike a careful balance that reduces private sector costs and preserves assets owned by taxpayers, and we are committed to supporting these objectives so that more Coloradans can access broad- band,” said Transportation Commission Vice Chair Terry Hart on December 20.

The approved proposal followed an extensive public process throughout 2023.

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