Amendments for SB24-151
Senate Journal, April 10
After consideration on the merits, the Committee recommends that SB24-151 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, strike line 7 and substitute "Colorado's
telecommunications network and by monitoring the progress of the removal of
such equipment.".
Page 2, line 14, after "(a)" insert "(I)".
Page 3, after line 8 insert:
"(II) "CRITICAL TELECOMMUNICATIONS INFRASTRUCTURE" DOES NOT
INCLUDE TELECOMMUNICATIONS EQUIPMENT THAT IS USED SOLELY FOR THE
OPERATION OF A UTILITY AND THAT IS NOT USED IN CONNECTION WITH
TELECOMMUNICATIONS SERVICE OFFERED TO THE PUBLIC.".
Page 4, strike lines 4 through 16 and substitute:
"(c) (I) "TELECOMMUNICATIONS PROVIDER" MEANS A PERSON OR
ENTITY THAT OFFERS WIRELESS TELECOMMUNICATIONS SERVICE FOR A FEE
DIRECTLY TO THE PUBLIC OR TO SUCH CLASSES OF USES AS TO BE EFFECTIVELY
AVAILABLE DIRECTLY TO THE PUBLIC.
(II) "TELECOMMUNICATIONS PROVIDER" DOES NOT INCLUDE A
MUNICIPALITY OR A MUNICIPALLY OWNED UTILITY.".
Page 4, strike lines 23 through 27.
Page 5, strike lines 1 through 3.
Reletter succeeding paragraph accordingly.
Page 5, line 7, strike "OR (2)(b)".
Page 5, lines 9 and 10, strike "ENTITY OR FOREIGN ADVERSARY," and substitute
"ENTITY,".
Page 5, lines 15 and 16, strike "OR FOREIGN ADVERSARY".
Page 5, after line 26 insert:
"(III) IF THE REMOVAL, DISCONTINUANCE, OR REPLACEMENT OF
TELECOMMUNICATIONS EQUIPMENT REQUIRES ANY WORK TO BE COMPLETED IN
A PUBLIC RIGHT-OF-WAY OR ON ANY PROPERTY OWNED OR CONTROLLED BY A
PUBLIC ENTITY, A TELECOMMUNICATIONS PROVIDER SHALL:
(A) COMPLY WITH THE REQUIREMENTS OF SUBSECTION (2)(b)(II) OF
THIS SECTION;
(B) PROVIDE NOTICE TO THE RELEVANT PUBLIC ENTITY AT LEAST SEVEN
DAYS IN ADVANCE OF THE BEGINNING OF ANY WORK; AND
(C) COORDINATE WITH THE RELEVANT PUBLIC ENTITY FOR COMPLETION
OF THE WORK.".
Page 6, line 23, strike "PROVIDER:" and substitute "PROVIDER IN COLORADO:".
Page 6, lines 25 and 26, strike "ENTITY OR FOREIGN ADVERSARY;" and substitute
"ENTITY;".
Page 7, line 1, strike "ENTITY OR FOREIGN ADVERSARY," and substitute
"ENTITY,".
Page 7, after line 6 insert:
"(c) (I) A TELECOMMUNICATIONS PROVIDER MUST REGISTER WITH THE
COMMISSION IN ACCORDANCE WITH SUBSECTIONS (3)(a) AND (3)(b) OF THIS
SECTION EACH YEAR UNTIL THE TELECOMMUNICATIONS PROVIDER CERTIFIES TO
THE COMMISSION THAT ALL TELECOMMUNICATIONS EQUIPMENT PROHIBITED
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION HAS BEEN REMOVED FROM
ALL CRITICAL TELECOMMUNICATIONS INFRASTRUCTURE LOCATED WITHIN OR
PROVIDING TELECOMMUNICATIONS SERVICE TO COLORADO.
(II) A TELECOMMUNICATIONS PROVIDER THAT CERTIFIES, PURSUANT TO
SUBSECTION (3)(b)(IV)(A) OF THIS SECTION, THAT IT DOES NOT USE
TELECOMMUNICATIONS EQUIPMENT MANUFACTURED BY A FEDERALLY BANNED
ENTITY IS NOT REQUIRED TO MAKE ANNUAL REPORTS TO THE COMMISSION IN
ACCORDANCE WITH THIS SUBSECTION (3).".
Reletter succeeding paragraphs accordingly.
Page 7, line 10, after "SECTION," insert "AND THAT THE TELECOMMUNICATIONS
PROVIDER IS IN THE PROCESS OF REMOVING THE TELECOMMUNICATIONS
EQUIPMENT PROHIBITED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,".
Page 7, strike lines 14 through 27.
Page 8, strike lines 1 through 5.
Page 8, strike line 6, and substitute:
"(4) Rules. NOTWITHSTANDING SECTIONS 40-15-203 AND 40-15-402,
THE COMMISSION SHALL PROMULGATE AND ENFORCE ANY RULES".
Page 8, strike lines 8 through 12 and substitute:
"(a) DEVELOPING RULES RELATED TO A TELECOMMUNICATIONS
PROVIDER'S REPORTING ON THE REMOVAL, DISCONTINUANCE, OR REPLACEMENT
OF ANY CRITICAL TELECOMMUNICATIONS INFRASTRUCTURE THAT UTILIZES
EQUIPMENT MANUFACTURED BY A FEDERALLY BANNED ENTITY;".
Page 8, lines 17 and 18, strike "ENTITY OR FOREIGN ADVERSARY;" and substitute
"ENTITY; AND".
Page 8, line 20, strike "AND".
Page 8, strike lines 21 through 24.
Page 1, strike lines 106 and 107 and substitute "EQUIPMENT MANUFACTURED
BY A FEDERALLY BANNED ENTITY.".
Business,
Labor, &
Technology
Senate Journal, April 26
SB24-151 by Senator(s) Lundeen and Roberts; also Representative(s) Lukens and Soper--Concerning
telecommunications security, and, in connection therewith, requiring 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.
Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, April 10, page(s) 780-781 and placed in members' bill files.)
Amendment No. 2(L.007), by Senator Lundeen.
Strike the Business, Labor, and Technology Committee Report, dated April 9,
2024.
Amend printed bill, strike everything below the enacting clause and substitute:
"SECTION 1. Legislative declaration. The general assembly finds
and declares that it is in the best interest of the state to secure Colorado's
telecommunications network and protect national security by identifying and
removing communications hardware and software that is produced by countries
of concern or by other sanctioned entities from Colorado's telecommunications
network and by monitoring the progress of the removal of such equipment.
SECTION 2. In Colorado Revised Statutes, add 24-33.5-1624 as
follows:
24-33.5-1624. Telecommunications security - telecommunications
network - national security - general provisions - registration - rules -
secure telecommunications cash fund - definitions. (1) Definitions. AS USED
IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) (I) "CRITICAL TELECOMMUNICATIONS INFRASTRUCTURE" MEANS ALL
PHYSICAL TELECOMMUNICATIONS INFRASTRUCTURE AND EQUIPMENT THAT
SUPPORTS THE TRANSMISSION OF INFORMATION, REGARDLESS OF THE
TRANSMISSION MEDIUM OR TECHNOLOGY EMPLOYED, AND THAT CONNECTS TO
A TELECOMMUNICATIONS NETWORK THAT PERMITS THE USER TO ENGAGE IN THE
USE OF TELECOMMUNICATIONS SERVICE, INCLUDING TELECOMMUNICATIONS
SERVICE PROVIDED DIRECTLY TO THE PUBLIC OR TO SUCH CLASSES OF USES AS
TO BE EFFECTIVELY AVAILABLE TO THE PUBLIC.
(II) "CRITICAL TELECOMMUNICATIONS INFRASTRUCTURE" DOES NOT
INCLUDE TELECOMMUNICATIONS EQUIPMENT THAT IS USED SOLELY FOR THE
OPERATION OF A UTILITY AND THAT IS NOT USED IN CONNECTION WITH
TELECOMMUNICATIONS SERVICE OFFERED TO THE PUBLIC.
(b) "FEDERALLY BANNED ENTITY" MEANS ANY ENTITY OR EQUIPMENT
THAT THE FEDERAL GOVERNMENT HAS BANNED OR IMPOSED SANCTIONS
AGAINST, INCLUDING BANNING OR SANCTIONS IMPOSED BY THE FOLLOWING
FEDERAL AGENCIES AND ACTS:
(I) THE FEDERAL COMMUNICATIONS COMMISSION, INCLUDING:
(A) ANY ENTITY, EQUIPMENT, OR SERVICE DEEMED TO POSE A THREAT
TO NATIONAL SECURITY IDENTIFIED ON THE COVERED LIST DESCRIBED IN 47
CFR 1.50002; AND
(B) ANY ENTITY, EQUIPMENT, OR SERVICE IDENTIFIED ON THE COVERED
LIST PUBLISHED BY THE PUBLIC SAFETY AND HOMELAND SECURITY BUREAU
PURSUANT TO THE FEDERAL "SECURE AND TRUSTED COMMUNICATIONS
NETWORKS ACT OF 2019", 47 U.S.C. SEC. 1601 ET SEQ., AS AMENDED;
(II) THE UNITED STATES DEPARTMENT OF COMMERCE;
(III) THE UNITED STATES CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY;
(IV) THE FEDERAL ACQUISITION SECURITY COUNCIL, ESTABLISHED
PURSUANT TO THE FEDERAL "SECURE TECHNOLOGY ACT", 41 U.S.C. SEC.
1322, AS AMENDED; AND
(V) SECTION 889 OF THE FEDERAL "JOHN S. MCCAIN NATIONAL
DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019", PUB.L. 115-232.
(c) (I) "TELECOMMUNICATIONS PROVIDER" MEANS AN ENTITY THAT
OFFERS WIRELESS TELECOMMUNICATIONS SERVICE FOR A FEE DIRECTLY TO THE
PUBLIC OR TO SUCH CLASSES OF USES AS TO BE EFFECTIVELY AVAILABLE TO THE
PUBLIC.
(II) "TELECOMMUNICATIONS PROVIDER" DOES NOT INCLUDE A
MUNICIPALITY OR A MUNICIPALLY OWNED UTILITY.
(2) General provisions. (a) ALL CRITICAL TELECOMMUNICATIONS
INFRASTRUCTURE LOCATED WITHIN COLORADO MUST BE CONSTRUCTED TO NOT
INCLUDE ANY EQUIPMENT MANUFACTURED BY A FEDERALLY BANNED ENTITY
OR ANY OTHER TELECOMMUNICATIONS EQUIPMENT THAT IS BANNED BY THE
FEDERAL GOVERNMENT.
(b) (I) FOR ALL CRITICAL TELECOMMUNICATIONS INFRASTRUCTURE
LOCATED WITHIN COLORADO THAT IS CURRENTLY IN OPERATION AND THAT
UTILIZES EQUIPMENT THAT IS PROHIBITED BY SUBSECTION (2)(a) OF THIS
SECTION, THE PROHIBITED EQUIPMENT MUST BE REMOVED AND REPLACED WITH
EQUIPMENT THAT IS NOT MANUFACTURED BY A FEDERALLY BANNED ENTITY, IN
ACCORDANCE WITH THE FEDERAL "SECURE AND TRUSTED COMMUNICATIONS
NETWORKS ACT OF 2019", 47 U.S.C. SEC. 1601 ET SEQ., AS AMENDED.
(II) A TELECOMMUNICATIONS PROVIDER THAT REMOVES,
DISCONTINUES, OR REPLACES ANY TELECOMMUNICATIONS EQUIPMENT
MANUFACTURED BY A FEDERALLY BANNED ENTITY IS NOT REQUIRED TO OBTAIN
ADDITIONAL PERMITS FROM ANY STATE AGENCY OR POLITICAL SUBDIVISION OF
THE STATE FOR THE REMOVAL, DISCONTINUANCE, OR REPLACEMENT OF THE
TELECOMMUNICATIONS EQUIPMENT IF:
(A) THE TELECOMMUNICATIONS PROVIDER NOTIFIES THE DIVISION OR
RELEVANT POLITICAL SUBDIVISION OF THE STATE OF THE NECESSARY REMOVAL,
DISCONTINUANCE, OR REPLACEMENT OF THE TELECOMMUNICATIONS
EQUIPMENT; AND
(B) THE REPLACEMENT TELECOMMUNICATIONS EQUIPMENT IS
SUBSTANTIALLY SIMILAR TO THE EXISTING TELECOMMUNICATIONS EQUIPMENT
THAT IS BEING REPLACED.
(III) IF THE REMOVAL, DISCONTINUANCE, OR REPLACEMENT OF
TELECOMMUNICATIONS EQUIPMENT REQUIRES ANY WORK TO BE COMPLETED IN
A PUBLIC RIGHT-OF-WAY OR ON ANY PROPERTY OWNED OR CONTROLLED BY A
PUBLIC ENTITY, A TELECOMMUNICATIONS PROVIDER SHALL:
(A) COMPLY WITH THE REQUIREMENTS OF SUBSECTION (2)(b)(II) OF
THIS SECTION;
(B) PROVIDE NOTICE TO THE RELEVANT PUBLIC ENTITY AT LEAST SEVEN
DAYS BEFORE BEGINNING ANY WORK; AND
(C) COORDINATE WITH THE RELEVANT PUBLIC ENTITY FOR COMPLETION
OF THE WORK.
(3) Registration - rules. (a) ON OR BEFORE JANUARY 15, 2025, A
TELECOMMUNICATIONS PROVIDER WITH CRITICAL TELECOMMUNICATIONS
INFRASTRUCTURE LOCATED IN COLORADO SHALL REGISTER WITH THE DIVISION
AND PAY AN INITIAL FIFTY-DOLLAR REGISTRATION FEE. THE DIVISION SHALL
TRANSMIT THE INITIAL FIFTY-DOLLAR REGISTRATION FEE TO THE STATE
TREASURER, WHO SHALL CREDIT THE MONEY TO THE SECURE
TELECOMMUNICATIONS CASH FUND CREATED IN SUBSECTION (5) OF THIS
SECTION.
(b) A TELECOMMUNICATIONS PROVIDER THAT REGISTERS WITH THE
DIVISION PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION SHALL:
(I) PROVIDE THE DIVISION WITH THE NAME, ADDRESS, TELEPHONE
NUMBER, AND E-MAIL ADDRESS OF THE PRIMARY POINT OF CONTACT WHO
OVERSEES THE OPERATION OF TELECOMMUNICATIONS SERVICE IN COLORADO BY
THE TELECOMMUNICATIONS PROVIDER;
(II) PAY THE INITIAL REGISTRATION FEE PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION; AND
(III) CERTIFY TO THE DIVISION BY JANUARY 15 OF EACH YEAR THAT ALL
CRITICAL TELECOMMUNICATIONS INFRASTRUCTURE OPERATED BY THE
TELECOMMUNICATIONS PROVIDER IN COLORADO:
(A) DOES NOT USE ANY TELECOMMUNICATIONS EQUIPMENT
MANUFACTURED BY A FEDERALLY BANNED ENTITY; OR
(B) USES TELECOMMUNICATIONS EQUIPMENT MANUFACTURED BY A
FEDERALLY BANNED ENTITY, BUT THE TELECOMMUNICATIONS PROVIDER IS A
PARTICIPANT IN THE FEDERAL SECURE AND TRUSTED COMMUNICATIONS
NETWORKS REIMBURSEMENT PROGRAM, ESTABLISHED BY THE FEDERAL "SECURE
AND TRUSTED COMMUNICATIONS NETWORKS ACT OF 2019", 47 U.S.C. SEC.
1601 ET SEQ., AS AMENDED, AND IS IN COMPLIANCE WITH THE REIMBURSEMENT
PROGRAM.
(c) (I) A TELECOMMUNICATIONS PROVIDER MUST REGISTER WITH THE
DIVISION IN ACCORDANCE WITH SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION
BY JANUARY 15 OF EACH YEAR UNTIL THE TELECOMMUNICATIONS PROVIDER
CERTIFIES TO THE DIVISION THAT ALL TELECOMMUNICATIONS EQUIPMENT
PROHIBITED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION HAS BEEN
REMOVED FROM ALL CRITICAL TELECOMMUNICATIONS INFRASTRUCTURE
LOCATED WITHIN COLORADO.
(II) A TELECOMMUNICATIONS PROVIDER THAT INITIALLY CERTIFIES,
PURSUANT TO SUBSECTION (3)(b)(III)(A) OF THIS SECTION, THAT IT DOES NOT
USE TELECOMMUNICATIONS EQUIPMENT MANUFACTURED BY A FEDERALLY
BANNED ENTITY IS NOT REQUIRED TO FURTHER REGISTER OR SUBMIT STATUS
REPORTS TO THE DIVISION IN ACCORDANCE WITH SUBSECTION (3)(d) OF THIS
SECTION.
(d) (I) IF A TELECOMMUNICATIONS PROVIDER CERTIFIES TO THE
DIVISION THAT IT IS A PARTICIPANT IN THE FEDERAL SECURE AND TRUSTED
COMMUNICATIONS NETWORKS REIMBURSEMENT PROGRAM, PURSUANT TO
SUBSECTION (3)(b)(III)(B) OF THIS SECTION, AND THAT THE
TELECOMMUNICATIONS PROVIDER IS IN THE PROCESS OF REMOVING THE
TELECOMMUNICATIONS EQUIPMENT PROHIBITED PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION, THE TELECOMMUNICATIONS PROVIDER SHALL PROVIDE
TO THE DIVISION COPIES OF ANY STATUS UPDATE REQUIRED BY THE FEDERAL
GOVERNMENT AS PART OF THE FEDERAL "SECURE AND TRUSTED
COMMUNICATIONS NETWORKS ACT OF 2019", 47 U.S.C. SEC. 1601 ET SEQ., AS
AMENDED.
(II) THE DIVISION SHALL NOT REQUIRE A TELECOMMUNICATIONS
PROVIDER TO PROVIDE MORE THAN TWO STATUS REPORTS IN A CALENDAR YEAR
AND SHALL NOT COLLECT ANY MORE INFORMATION FROM THE
TELECOMMUNICATIONS PROVIDER THAN WHAT THE TELECOMMUNICATIONS
PROVIDER IS REQUIRED TO PROVIDE TO THE FEDERAL GOVERNMENT.
(III) THE DIVISION SHALL NOT REQUIRE A TELECOMMUNICATIONS
PROVIDER TO PAY MORE THAN THE INITIAL FIFTY-DOLLAR REGISTRATION FEE,
EVEN IF THE TELECOMMUNICATIONS PROVIDER MUST CONTINUE TO CERTIFY TO
THE DIVISION THAT THE TELECOMMUNICATIONS PROVIDER USES
TELECOMMUNICATIONS EQUIPMENT MANUFACTURED BY A FEDERALLY BANNED
ENTITY IN ACCORDANCE WITH SUBSECTION (3)(c)(I) OF THIS SECTION AND
PROVIDE STATUS UPDATES TO THE DIVISION IN ACCORDANCE WITH THIS
SUBSECTION (3)(d).
(4) Rules. THE DIRECTOR OF THE DIVISION SHALL PROMULGATE AND
ENFORCE ANY RULES NECESSARY TO IMPLEMENT THIS SECTION, INCLUDING:
(a) DEVELOPING PROCEDURES FOR A TELECOMMUNICATIONS PROVIDER
TO NOTIFY ANY RELEVANT STATE AGENCIES OR POLITICAL SUBDIVISIONS OF THE
STATE WHEN THE TELECOMMUNICATIONS PROVIDER IS PLANNING TO REMOVE,
DISCONTINUE, OR REPLACE ANY TELECOMMUNICATIONS EQUIPMENT FROM A
FEDERALLY BANNED ENTITY; AND
(b) ESTABLISHING REGISTRATION PROCEDURES AND FEES IN
ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION.
(5) Secure telecommunications cash fund - created. (a) THE SECURE
TELECOMMUNICATIONS CASH FUND IS CREATED IN THE STATE TREASURY. THE
FUND CONSISTS OF THE REGISTRATION FEES COLLECTED BY THE DIVISION AND
CREDITED TO THE FUND PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION AND
ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR
TRANSFER TO THE FUND.
(b) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE SECURE
TELECOMMUNICATIONS CASH FUND TO THE FUND.
(c) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY,
THE DIVISION MAY EXPEND MONEY FROM THE SECURE TELECOMMUNICATIONS
CASH FUND FOR THE PURPOSES SPECIFIED IN THIS SECTION.
SECTION 3. In Colorado Revised Statutes, 24-33.5-1604, add (6) as
follows:
24-33.5-1604. Duties and powers of the division - rules. (6) (a) THE
DIVISION SHALL IMPLEMENT SECTION 24-33.5-1624 IN ORDER TO ENSURE A
SECURE TELECOMMUNICATIONS NETWORK IN COLORADO.
(b) THE DIRECTOR OF THE DIVISION MAY PROMULGATE RULES RELATED
TO TELECOMMUNICATIONS SECURITY IN ACCORDANCE WITH SECTION
24-33.5-1624.
SECTION 4. Safety clause. The general assembly finds, determines,
and declares that this act is necessary for the immediate preservation of the
public peace, health, or safety or for appropriations for the support and
maintenance of the departments of the state and state institutions.".
Page 1, line 102, strike "PUBLIC UTILITIES COMMISSION" and substitute
"DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT WITHIN
THE DEPARTMENT OF PUBLIC SAFETY".
Page 1, strike lines 106 and 107 and substitute "EQUIPMENT MANUFACTURED
BY A FEDERALLY BANNED ENTITY.".