C.R.S. Section 40-15-602
Electric easements

  • commercial broadband service
  • broadband affiliates
  • notice required

(1)

With regard to real property subject to an electric easement, if an electric utility, or any commercial broadband supplier designated by the electric utility to act on its behalf, complies with the notice and filing requirements set forth in subsection (2) of this section, the electric utility holding the electric easement may, subject to subsection (4) of this section and without the consent of an interest holder in the real property subject to the electric easement, take the following actions to the extent not already permitted by the electric easement:

(a)

Install, maintain, or own, or permit any commercial broadband supplier, including a broadband affiliate, to install, maintain, or own, an attached facility for operation by a commercial broadband supplier, including a broadband affiliate, in providing commercial broadband service; and

(b)

Lease or otherwise provide to a commercial broadband supplier, including a broadband affiliate, any excess capacity of attached facilities for purposes of providing commercial broadband service.

(2)

Intentionally left blank —Ed.

(a)

At least thirty days before first exercising its rights under one or both of subsection (1)(a) or (1)(b) of this section with respect to an electric easement or portion of an electric easement, an electric utility or its designated commercial broadband supplier must send notice to each property owner that holds an interest in the real property subject to the electric easement and any other interest holder that has recorded a request for notice and must record a memorandum in the office of the county clerk and recorder in each county in which the electric utility is exercising its rights under subsection (1) of this section. An electric utility or its designated commercial broadband supplier may only commence exercising its rights under subsection (1) of this section upon delivery of sufficient notice.

(b)

A letter providing notice pursuant to this subsection (2) must:

(I)

Be sent by certified mail from or on behalf of the electric utility to the property owner and any interest holder that has recorded a request for notice at each of the following, as applicable:

(A)

The last-known address for the property owner based on the electric utility’s records;

(B)

The address listed for the property owner in the records of the office of the county assessor; and

(C)

The address set forth in a request for notice;

(II)

Include the name, address, telephone number, and named point of contact for the electric utility and, if delivered by a commercial broadband supplier designated by the electric utility, the name, address, telephone number, and named point of contact for the designated commercial broadband supplier;

(III)

Include the property address; the recording number, if any, of the electric easement or recorded memorandum of the electric easement; a general description of any existing electric service infrastructure currently located in the electric easement; and the approximate location of the electric easement, which need not include a legal description, land title survey, plat, or other designation of the exact boundaries of the electric easement;

(IV)

Include:

(A)

A citation to this part 6; and

(B)

A copy of the language of subsection (1) of this section with an indication of whether the electric utility is exercising rights under one or both of subsection (1)(a) or (1)(b) of this section;

(V)

Give an estimated time for the start of installation or construction with regard to any new installation or construction that will occur in connection with the exercise of rights under subsection (1) of this section;

(VI)

Include a statement regarding the right and obligation of the electric utility, or its designated commercial broadband supplier, to record a memorandum; and

(VII)

Include a statement regarding the statute of limitations for the interest holder to file a claim with respect to the electric utility’s exercise of rights.

(c)

An interest holder that desires to obtain notice under this part 6 at a specific address may file in the office of the county clerk and recorder for the county in which the real property is situated a request for notice that identifies the interest holder’s name and address, the instrument granting the interest holder’s interest in the property, and the recording number of the instrument or a recorded memorandum of the instrument.

(3)

Upon exercise of the rights set forth in subsection (1) of this section, the rights run with the land and are assignable by the electric utility.

(4)

The terms and conditions of a written electric easement apply to an electric utility’s uses of the electric easement set forth in subsection (1) of this section, except those terms and conditions that would prohibit the electric utility’s exercise of rights under subsection (1) of this section. A prohibition on aboveground electric service infrastructure contained within a written electric easement constitutes a prohibition on aboveground attached facilities. In connection with the exercise of rights under subsection (1) of this section, an electric utility or its designated commercial broadband supplier must comply with any notice requirements contained in a written electric easement held by the electric utility related to entering the real property subject to the electric easement or commencing any construction or installation on the real property.

(5)

Nothing in this part 6 requires an electric utility to comply with subsection (2) of this section in order to take any action or exercise any rights under an electric easement that are already permitted within the scope of the electric easement. Unless expressly prohibited by the terms of an electric easement, an electric easement will be deemed to allow an electric utility to install, maintain, or own, or permit a third party to install, maintain, or own for beneficial use by the electric utility, telecommunications facilities and equipment for use in connection with the electric utility’s provision of electricity.

Source: Section 40-15-602 — Electric easements - commercial broadband service - broadband affiliates - notice required, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

40‑15‑101
Legislative declaration 40‑15‑102
Definitions 40‑15‑103
Application of part 40‑15‑104
Powers of local government 40‑15‑105
Nondiscriminatory access charges 40‑15‑106
Cross-subsidization prohibited - illegal restraint of trade 40‑15‑107
Powers of commission - inspection of books and documents - confidentiality of information obtained through audit 40‑15‑108
Cost methodologies 40‑15‑109
Assurance of interconnections - averaging of rates 40‑15‑110
Provision of regulated and deregulated service 40‑15‑111
Regulation of the discontinuation or rearrangement of basic local exchange service - measured or message rate service not required 40‑15‑112
Unauthorized change of telecommunications provider 40‑15‑113
Unauthorized charge for services 40‑15‑201
Regulation by commission 40‑15‑202
Certificate required 40‑15‑203
Manner of regulation - refraining from regulation 40‑15‑203.5
Simplified regulatory treatment for rural telecommunications providers 40‑15‑204
Transfer of certificate 40‑15‑205
Violations 40‑15‑207
Reclassification of services and products 40‑15‑208
High cost support mechanism - Colorado high cost administration fund - creation - purpose - operation - rules - report - repeal 40‑15‑209
Net neutrality conditions for internet service providers to receive high cost support mechanism money - definitions 40‑15‑301
Regulation by the commission 40‑15‑302
Manner of regulation - rules 40‑15‑302.5
Resellers of toll services - registration required 40‑15‑303
Transfer of certificate 40‑15‑304
Violations 40‑15‑305
Time period for consideration of deregulation of emerging competitive telecommunications service 40‑15‑307
Switched access 40‑15‑401
Services, products, and providers exempt from regulation - definition 40‑15‑402
No regulation by the commission - no certificate required 40‑15‑403
General assembly may reregulate 40‑15‑404
Dispute - interconnection or access 40‑15‑501
Legislative declaration - purpose and scope of part 40‑15‑502
Expressions of state policy 40‑15‑503
Opening of competitive local exchange market - process of negotiation and rule-making - issues to be considered by commission - definition 40‑15‑503.5
Financial assurance - rules 40‑15‑509
Transfer of certificate 40‑15‑510
Violations 40‑15‑601
Definitions 40‑15‑602
Electric easements - commercial broadband service - broadband affiliates - notice required 40‑15‑603
Statute of limitations - damages - limitations on damages 40‑15‑604
Electric utility obligations
Green check means up to date. Up to date

Current through Fall 2024

§ 40-15-602’s source at colorado​.gov