Scope of article.

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(1) Nothing in this article shall be construed to authorize any local government to:

  1. Provide, directly or indirectly, cable television service, telecommunications service,or advanced service; or

  2. Purchase, lease, construct, maintain, or operate a facility for the purpose of providing, directly or indirectly, cable television service, telecommunications service, or advanced service.

  1. Nothing in this article shall be construed to apply to a local government purchasing,leasing, constructing, maintaining, or operating facilities that are designed to provide cable television service, telecommunications service, or advanced service that the local government uses for internal or intergovernmental purposes.

  2. Nothing in this article shall be construed to apply to the sale or lease by a localgovernment to private providers of excess capacity, if:

  1. Such excess capacity is insubstantial in relation to the capacity utilized by the localgovernment for its own purposes; and

  2. The opportunity to purchase and the opportunity to use such excess capacity is madeavailable to any private provider in a nondiscriminatory, nonexclusive, and competitively neutral manner.

(4) Nothing in this article shall be construed to limit either the authority of the statewide internet portal authority created in section 24-37.7-102, C.R.S., to carry out its mission or to integrate the electronic information delivery systems of local governments into the statewide internet portal as defined in article 37.7 of title 24, C.R.S.

Source: L. 2005: Entire article added, p. 1284, § 1, effective June 3.


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