Cortez asks voters to opt out of SB 152

Cortez will have an election June 8 to ask voters to opt out of state telecommunication law SB 152. (Journal file photo)
June 8 ballot question has impact on local internet services

Cortez voters will be asked at a June 8 election whether to opt out of Senate Bill 152, a Colorado telecommunication law passed in 2005.

SB 152 restricts the ability of towns and counties from entering into public-private partnerships to provide internet services and build related infrastructure.

The special municipal election will be by mail ballot and has just the one question:

“Without increasing taxes, shall the authority of the City of Cortez to provide high-speed internet services (advanced services), telecommunication services, and cable television services (as defined in Title 29, Article 27, Part 1, Colorado Revised Statutes) be affirmed and reestablished, with such services to be provided either directly or indirectly with public or private sector partners to potential subscribers that may include telecommunications service providers, residential and commercial users, public and nonprofit entities, and other users, without limiting its home rule authority?”

Ballots will be mailed out to 5,330 registered voters in the Cortez on May 14, said City Clerk Linda Smith. Ballots must be received by the city by 7 p.m. June 8.

Completed ballots can be mailed to 123 Roger Smith Ave., Cortez, CO. 81321, be dropped off inside City Hall, or at the ballot drop-off box located in the back of City Hall next to the water bill drop-off box.

There are two upcoming community meetings on the Cortez SB 152 ballot measure.

On May 15 at 10 a.m., the Montezuma County League of Women Voters will host a Zoom meeting. For the meeting link, visit their website at www.lwv.org

On May 18 from 6-8 p.m. there will an in-person broadband forum at the First National Bank Meeting Room at 2258 E. Main St., Cortez. The ballot measure will be explained, and a panel of community leaders will share their perspectives on the importance of reliable, high speed, affordable broadband service. Questions and discussion are welcomed.

SB 152 includes an opt out provision if voters decide to exempt their community.

As of Jan. 2019, 142 Colorado communities have opted out, including 40 counties and 102 municipalities.

Voters in Montezuma County and the towns of Dolores and Mancos agreed to opt out of SB 152 in 2016 by large margins.

La Plata County, Durango, Bayfield, Ignacio, Telluride, Montrose and Grand Junction also voted to opt out of the legislation.

Rick Smith, Cortez General Services director, said the city has collaborated with private industry to provide internet services since before SB 152 passed in 2005, and believed it was exempt from the restrictions.

City officials decided it would be best to also ask the voters for the exemption, he said.

Former Cortez Mayor Karen Sheek has been advocating for voters to approve the opt out request.

“Doing so gives the city one more avenue to provide high-speed internet that is reliable and affordable, it keeps our options open,” she said.

Sheek described telecommunication services as “an essential utility for communities that is important for economic development, businesses and education.”

The pandemic further highlighted the importance of affordable and reliable internet service as workers, the public, and students were forced to rely on it more for online meetings, jobs and classes.

Sheek said allowing governments the option to partner with private industry for community telecommunication services is more important in rural areas where companies are hesitant to invest in infrastructure for a smaller number of customers.

“To move forward on finding solutions to improve internet service for our community, we need the exemption. It is the next natural step,” she said.

When passed in 2005, SB 152 proponents said the bill was needed to limit local governments from competing with the private sector on providing telecommunication services.

According to the city flyer on the election, the ballot measure does not prevent any private business, including existing broadband providers, from initiating or continuing to provide telecommunication services.

Smith said that in Cortez, broadband, high-speed internet service is generally stronger in the downtown corridor, in schools, libraries and government offices. The goal is to work on projects to improve internet service for households throughout town. Cortez recently partnered with Montezuma County to expand internet technology south of Cortez.

According to a Microsoft data set map published in technology news website The Verge, in Montezuma County, 16% of the population is using the internet at broadband speed.

In La Plata County, 33% of people use broadband speeds, and in Montrose County, 49% have access.

In Front Range metropolitan Douglas County 94% of the population uses broadband speeds, and in Jefferson County, 63% use it.

jmimiaga@the-journal.com