Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that requires the division of homeland security and emergency management within the department of public safety to promulgate rules related to the removal, discontinuance, or replacement of critical telecommunications infrastructure that utilizes equipment manufactured by a federally banned entity in Colorado.

Highlights:

• Defines Critical Telecommunications Infrastructure as all physical equipment and structures that help transmit information and connect to a telecommunications network (Sec 2.1.a.1).

• Specifies that critical telecommunications infrastructure does not include equipment that is only used in the operation of a utility and is not connected to telecommunication services offered to the public (Sec 2.1.a.2).

• Defines a Federally banned entity as anything the federal government has banned or imposed sanctions against, which includes (Sec 2.1.b):

• Bans imposed by the Federal Communications Commission;

• Any entity, equipment, or service included in the list published by the Homeland Security Bureau;

• Bans imposed by The US Department of Commerce;

• Bans imposed by the US Cybersecurity and Infrastructure Security Agency;

• Bans imposed by the Federal Acquisition Security Council(Sec 2.1.b.4 

• Bans authorizes in section 889 of the Federal John S. McCain National Defense Authorization Act for Fiscal Year 2019.

• Defines a Telecommunications Provider as an entity that offers wireless telecommunication services for a fee either directly to the public to to specific groups( Sec 2.1.C.1).

• Requires that all critical telecommunications infrastructure must be built without equipment made by federally banned entities or equipment (Sec 2.2.a).

• Requires any current critical telecommunications infrastructure that currently uses prohibited equipment must remove or replace it with non-banned equipment (Sec 2.2.b).

• Requires telecommunication providers that removes/replaces banned equipment does not need extra permits from state agencies if( Sec 2.2.b.2):

• They notify the relevant state division or local authority; or

• The new equipment is similar to the equipment being replaced.

• Requires telecommunication provider who is removing/replacing equipment on public property to (Sec 2.2.b.3):

• Follow previous requirements;

• Notify the relevant public 7 days in advance; or

• Coordinate with the public entity to make sure the work is properly 

• Completed.

• Requires any telecommunication provider with critical infrastructure must register with the division and pay a $50 registration fee by January 15, 2025 (Sec 2.3.a).

• Requires telecommunication providers that register with the division to do the following (Sec 2.3.b):

• Provide the division with the name, address, phone number, and email of the main contact person responsible for telecommunication operations(Sec 2.3.b.1) 

• Pay the $50 registration fee;

• Certify by January 15 every year that all critical telecommunication infrastructure either:

• Does not use any equipment made by a federally banned entity;

• Uses equipment made by a federally banned entity but is a part of the federal Secure and Trusted Communications Networks Reimbursement Program.

• Authorizes the Director of the division to promulgate and enforce any necessary rules, including (Sec. 2.4):

• Developing procedures for telecommunication providers to notify relevant state or local authorities when they plan to remove, discontinue, or replace equipment from federally banned entities; and

• Establish registration procedures and fees.

• Establishes the Secure Telecommunications Cash fund, which includes (Sec 2.5.a):

• Registration fees collected from telecommunications providers; and

• Any additional money is transferred to the fund by the general assembly.

• Requires the state treasurer to aff all interest and income earned from the fund's deposits and investments back into the fund (Sec. 2.5.b).

Full Bill Text