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DEPARTMENT OF REGULATORY AGENCIES

Public Utilities Commission
RULES REGULATING TELECOMMUNICATIONS PROVIDERS, SERVICES, AND PRODUCTS
4 CCR 723-2
[Editors Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________
BASIS, PURPOSE, AND STATUTORY AUTHORITY
The basis and purpose of these rules is generally to: regulate jurisdictional telecommunications providers,
services, and products; administer and enforce the telecommunications provisions of Title 40 of the
Colorado Revised Statutes; and regulate telecommunications proceedings before the Commission. These
rules address a wide variety of subject areas. Therefore, specific statements of Basis, Purpose, and
Statutory Authority are found at the beginning of each subchapter of these rules.
The statutory authority for the promulgation of these rules is found at 29-11-106(3); 39-32-104; 40-2108; 40-3-101; 40-3-102; 40-3-103; 40-3-107; 40-3-110; 40-3.4-106; 40-4-101; 40-7-113.5; 40-7-116.5;
40-15-101; 40-15-108(2); 40-15-109(3); 40-15-201; 40-15-203.5; 40-15-208(2)(a); 40-15-301; 40-15302(1)(a) and (2); 40-15-302.5; 40-15-305; 40-15-404; 40-15-502(1), (3)(a), and (5)(b); 40-15-503; 40-17103(2) and (3), C.R.S.
GENERAL PROVISIONS
2000.

Scope and Applicability.

All rules in this Part 2, the "2000" series, shall apply to all telecommunications service providers, and to all
Commission proceedings and operations concerning providers, unless a specific statute or rule provides
otherwise. Other applicability provisions are found in the various subchapters of this Part 2.
2001.

Definitions.

The meaning of terms in Part 2 shall be consistent with general usage in the telecommunications industry
unless specifically defined by Colorado statute or a more specific rule. In the event the general usage of
terms in the telecommunications industry or the definitions anywhere in Part 2 conflict with statutory
definitions, the statutory definitions control. In the event the general usage of terms in the
telecommunications industry conflict with definitions anywhere within Part 2, the Part 2 definitions control.
In the event another Commission rule of general applicability (such as in the Commissions Rules of
Practice and Procedure) conflicts with Part 2 rules, the Part 2 rules control. Except as may be provided by
applicable statute or more specifically applicable rule, the following definitions apply throughout this Part
2:
(a)

"Access line" means the connection of a customer's premises to the public switched telephone
network regardless of the type of technology used to connect the customer to the network.

(b)

"Access to emergency services" means access to services, such as 9-1-1 and enhanced 9-1-1,
provided by local governments or other public safety organizations to the extent the local
government or the public safety organization in a LECs service area has implemented 9-1-1 or
enhanced 9-1-1 systems.

Code of Colorado Regulations

(c)

"Access to operator service" means access to a mechanized system or access through a real
person to arrange for billing and/or completion of a telephone call.

(d)

"Access to toll service" means the use of the network elements, including but not limited to loop,
circuit, and switch facilities or their functional equivalents, necessary to access an interexchange
carrier's network.

(e)

[Reserved].

(f)

"Base rate area" means the geographic area within an exchange service area, as defined in the
tariff of a local exchange provider, wherein uniform rates that do not vary with distance from the
central office apply to each class or grade of service.

(g)

"Basic local exchange service" (basic service) means the telecommunications service that
provides a local access line, and local usage necessary to place or receive a call within a local
calling area and any other services or features that may be added by the Commission under
40-15-502(2), C.R.S. Basic service is comprised of those capabilities, services, and features
listed in paragraph 2308(a).

(h)

"Busy hour" means the uninterrupted period of 60 minutes during the day when the traffic load
offered to a particular switch, trunk, or network component is at its designed maximum load. The
60-minute periods are generally measured from hour-to-hour or from half-hour to half-hour.

(i)

"Busy line interrupt service" means operator interrupt service.

(j)

"Busy line verify service" means operator verification service.

(k)

"Busy season" means a month or several months that may be non-consecutive, within a
consecutive 12-month interval, when the maximum busy hour requirements are experienced
excluding days with abnormal traffic volume, such as Christmas or Mother's Day. The busy
season generally is at least 30 days in length and generally does not exceed 60 days in length.

(l)

"Calls" means customers' telecommunications messages.

(m)

"Carrier" means provider.

(n)

"Central office" means the plant, facilities, and equipment, including, but not limited to, the switch,
located inside a structure of a provider that functions as an operating unit to establish connections
between customer lines, between customer lines and trunks to other central offices within the
same or other exchanges, and between customer lines and the facilities of other providers.

(o)

"Certificate of Public Convenience and Necessity" (CPCN) means the Commission-granted

authority to provide Part II regulated telecommunications services, subject to terms and
conditions established by the Commission in its decision granting the authority.

(p)

"Channel" means a transmission path for telecommunications between two points. It may refer to
a one-way path that permits the completion of traffic from the first point to the second point, or
from the second point to the first point. Alternatively, it may refer to a two-way path that permits
the completion of traffic in either direction. Generally a channel is the smallest subdivision of a
transmission system by means of which a single type of communication service is provided.

(q)

"Class of service" means a classification of a telecommunication service provided to a customer

or group of customers, which denotes characteristics such as its nature of use (business or
residence) or type of rate (flat rate, measured rate, or message rate).

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(r)

"Collocation" means the following:

(I)

Physical collocation occurs when one telecommunications provider owns interconnection facilities
physically located within another telecommunications providers physical premises; or

(II)

Virtual collocation occurs when one telecommunications provider extends its facilities to a point of
interconnection within a reasonably close proximity to, but not physically located within, another
telecommunications providers physical premises. In virtual collocation, the provider requesting
collocation (lessee) may request the type of equipment to be used from another provider who
owns the space (lesser). In such case, the lessee may own or may lease and maintain the
equipment.

(s)

"Common carrier" means a telecommunications services provider that offers telecommunications

services to the public, or to such classes of users as to be effectively available to the public, on a
non-discriminatory basis.

(t)

"Community of interest" means an area consisting of one or more exchanges in which the general
population has similar governmental, health, public safety, business, or educational interests.

(u)

"Competitive local exchange carrier" (CLEC) means a provider that has been granted a CPCN to
provide Part II regulated telecommunications services in the State of Colorado on or after
February 8, 1996, pursuant to 40-15-503(2)(f), C.R.S.

(v)

"Customer" means a person who is currently receiving a jurisdictional telecommunications

service.
(I)

"Business customer" means a customer whose use of telecommunications service is

primarily of a commercial, professional, institutional, or other occupational nature.

(II)

"Residential customer" means a customer whose use of telecommunications service is

primarily of a social or domestic nature.

(III)

Small business customer means a business customer with five or fewer voice-grade or
voice-grade equivalent access lines at a single location.

(w)

"Customer trouble report" means any oral or written report from a customer or from a user of
telecommunications services relating to a physical defect with or relating to difficulty or
dissatisfaction with the operation of the provider's facilities. Any subsequent report received from
the same customer or user of telecommunications services in the same day shall be counted as a
separate report, unless it duplicates a previous report or unless it merely involves an inquiry
concerning progress on a previous report.

(x)

Day means a calendar day, consistent with the definition found in rule 1004(i).

(y)

"Decibel" means the unit of measurement for the logarithmic ratio to the base ten of two power
signals. The abbreviation dB is commonly used for the term decibel.

(z)

"Decibel above reference noise level using C-message weighting" (dBrnC) means the reference
noise level of one Pico watt that is defined as 0 dBrnC. C-message weighting accounts for the
frequency characteristics of a typical telephone set by weighting the noise signal at various
frequencies to calculate the composite average noise signal value.

(aa)

"Declaration of Intent to Serve" means a filing with the Commission in which a provider that holds
a CPCN states its intent to provide local exchange telecommunications services within the
service territory of a rural telecommunications provider.

Code of Colorado Regulations

(bb)

"Dedicated transport facility" means a transmission path between locations used to transport
traffic to which the end user is granted exclusive use, and which operates at DS1 or higher
transmission speeds (high-bandwidth facility).

(cc)

"Deregulated telecommunications services" (Part IV services or deregulated services) means

services and products exempted from regulation pursuant to Title 40, Article 15, Part 4, C.R.S., or
by the Commission in accordance with 40-15-305(1), C.R.S.

(dd)

"Dial equipment minutes of use" (DEM) means the minutes of holding time of originating and
terminating local switching equipment, as defined in 47 C.F.R., Part 36.

(ee)

"Dial tone or its equivalent" means:

(I)

The signal placed on a local access line by the wireline provider signaling that the
network is ready to receive a call from the subscriber; or

(II)

The receipt by a wireless provider of the callers dialed digits without a 'system busy'
response.

(ff)

"Dual tone multifrequency signaling" (Touchtone) means a method of signaling used on a local
access line that uses a combination of one of a lower group of frequencies and one of a higher
group of frequencies to represent each digit or character transmitted from the customer's station
to the central office.

(gg)

Effective competition area (ECA) means a wire center serving area in which the Commission
has reclassified basic local exchange service pursuant to 40-15-207, C.R.S.

(hh)

"Electronic mail" (e-mail) means an electronic message that is transmitted between two or more
computers or electronic terminals. Electronic mail includes electronic messages that are
transmitted within or between computer networks.

(ii)

"Eligible telecommunications carrier" (ETC) means a common carrier that is authorized by the
Commission to receive federal universal service support as required by 47 U.S.C. 214(e)(2).

(jj)

"Eligible Provider" (EP) means a provider who offers basic local exchange services and has been
designated by the Commission as qualified to receive disbursements from the Colorado High
Cost Support Mechanism.

(kk)

"Emerging competitive telecommunications services" (Part III services) means services and
products regulated by the Commission in accordance with Title 40, Article 15, Part III, C.R.S.

(ll)

"End user" means a person, other than another telecommunications provider, who purchases a
jurisdictional telecommunications service from a telecommunications provider.

(mm)

"Enhanced 9-1-1" (E9-1-1) means a telephone system which includes such features as Automatic
Number Identification (ANI), Automatic Location Identification (ALI), and call routing features to
facilitate public safety response as described within rules 2130 through 2159.

(nn)

"Exchange" means the totality of the telecommunications plant, facilities, and equipment including
plant, facilities and equipment located inside and outside of buildings, used in providing
telecommunication service to customers located in a geographic area defined by a providers
tariff. An exchange may include more than one central office location or more than one wire
center.

Code of Colorado Regulations

(oo)

"Exchange area" means a geographic area established by the Commission for the purpose of
establishing a local calling area that consists of one or more central offices together with
associated facilities and plant located outside the central office, used in providing basic local
exchange service.

(pp)

"FCC" means the Federal Communications Commission.

(qq)

"Flat rate service" means telecommunications service provided at a fixed, recurring charge
without separate billing for the number, time of day, distance, or duration of calls placed or
received during the month.

(rr)

"Governing body" means the board of county commissioners of a county; the city council or other
governing body of a city, city and county, or town; or the board of directors of a special district.

(ss)

"Held service order":

(tt)

(I)

For all LECs, except rural telecommunications providers, "held service order" means an
application by a customer for basic local exchange service in the LECs service territory
that the LEC is unable to provide within ten days of the customers application, except
when the customer requests a later service date. The application shall be notice to the
LEC that the customer desires service. Oral or written requests, as well as requests
made by secure website, shall all be considered applications.

(II)

For rural telecommunications providers, "held service order" means an application by a

customer for basic local exchange service in the rural telecommunications providers
service territory that the rural telecommunications provider is unable to provide within 30
days after the date of the customer's application, except when the customer requests a
later service date. The application shall be notice to the LEC that the customer desires
service. Oral or written requests shall both be considered applications.

"Incumbent local exchange carrier" (ILEC) means either:

(I)

(II)

With respect to a geographic area, the LEC that, on the date of enactment of the
Telecommunications Act of 1996 (February 8, 1996), provided telephone exchange
service in such geographic area and that either:
(A)

On such date of enactment, was deemed to be a member of the exchange

carrier association pursuant to 47 C.F.R., 69.601(b) of the FCCs regulations; or

(B)

Is a person or entity that, on or after such date of enactment, became a

successor or assign of a member described in subparagraph (I)(A) of this
paragraph; or

Any comparable LEC that the Commission has, by rule or order, deemed to be an ILEC
after finding that:
(A)

Such carrier occupies a position in the market for telephone exchange service
within a geographic area that is comparable to the position occupied by a carrier
described in subparagraph (I) of this paragraph;

(B)

Such carrier has substantially replaced an ILEC described in subparagraph (I) of

this paragraph; and

(C)

Such treatment is consistent with the public interest, convenience, and necessity.

Code of Colorado Regulations

(uu)

"Individual line service or its functional equivalent" means a grade of basic local exchange service
that permits a user to have exclusive use of a dedicated message path for the length of the user's
particular transmission.

(vv)

"Intercept service" means a service arrangement provided by the LEC that routes calls placed to
a disconnected or discontinued telephone number to a recording or to an operator that:
(I)

Informs the calling party that the called telephone number has been disconnected,
discontinued, or changed to another number; or

(II)

Informs the calling party that another telephone number is receiving calls.

(ww)

"Interexchange carrier" (IXC) or "Interexchange provider" means a person who provides

telecommunications services between exchange areas.

(xx)

"Jurisdictional service" means any telecommunications service subject to the authority of the
Commission under the statutes of the State of Colorado included in Title 40, Article 15, Part 2,
Part 3, or Part 5, C.R.S.

(yy)

"Letter of Registration" (LOR) means Commission-granted authority to provide Part III emerging
competitive telecommunications services, subject to terms and conditions established in the
Commission decision granting the authority.

(zz)

"Local Access and Transport Area" (LATA) means a geographic area designated at the time of
the 1984 divestiture of the American Telephone and Telegraph System. A LATA may encompass
more than one contiguous local exchange area that serves common social, economic, or other
purposes, even where such area transcends municipal or other local government boundaries.

(aaa)

"Local access line" means a telecommunications channel or message path between a customers
service location and the serving central office switch that is used to provide local exchange
service to a customer.

(bbb)

"Local call" means any call originating and terminating within the same local calling area.

(ccc)

"Local calling area" (LCA) means the geographic area approved by the Commission in which
customers may make calls without payment of a toll charge for each call. The local calling area
may include exchange areas in addition to the serving exchange area.

(ddd)

"Local exchange carrier" (LEC) means any person authorized by the Commission to provide
basic local exchange service.

(eee)

Local exchange telecommunications service means basic local exchange service and other
such services identified in 40-15-201, C.R.S., or defined by the Commission pursuant to 4015-502(2), C.R.S., regulated advanced features, premium services, and switched access as
defined in 40-15-301(2)(a), (b), and (e), C.R.S.; or any of the above singly or in combination.

(fff)

"Local usage" means the usage necessary to place and receive calls within a local calling area in
which the customer is located.

(ggg)

"Master Street Address Guide" (MSAG) means the file of street names and ranges used to define
emergency service agencies particular to a telephone number.

(hhh)

"Measured rate service" means a service that depends on the measurement of actual usage (i.e.,
number, duration, time of day, or length of haul) to compute the charges that apply for outgoing
completed calls.

Code of Colorado Regulations

(iii)

"Message rate service" means a service that charges for each outgoing completed call in excess
of a specified allowance of calls during the billing period.

(jjj)

"Network element" means a facility or equipment used in the provision of a telecommunications

service including features, functions, and capabilities that are provided by means of such a facility
or equipment, including subscriber numbers, databases, signaling systems, including information
sufficient for billing and collection of such elements, and including facilities used in the
transmission, routing, or other provision of a telecommunications service.

(kkk)

"Non-listed service" means an optional service in which the customers telephone number is not
published in the telephone directory but is available through directory assistance.

(lll)

"Non-optional operator services" means operator services requiring an operator for individualized
call processing or specialized or alternative billing, including without limitation, credit card calls,
calls billed to a third number, collect calls, and person-to-person calls.

(mmm) "Non-published service" means an optional service in which the customers telephone number is
neither published in the telephone directory nor available through directory assistance.
(nnn)

"Operations support systems" (OSS) means the mechanisms and systems used to mutually
exchange information between local exchange providers in order to efficiently transfer customers
between the providers in a manner consistent with federal and Colorado statutes. These
mechanisms and systems include, but are not limited to, the taking and receipt of service and
repair orders, and the exchange of billing data and customer account data. This information is
exchanged in a variety of ways that includes, but is not limited to, electronic interfaces, technical
interfaces, and access to databases.

(ooo)

"Operator interrupt service" means a service provided at the request of a customer to interrupt a
conversation on another customer's line.

(ppp)

"Operator services" means services, other than directory assistance, provided either by live
operators or by the use of recordings or computer-voice interaction, to enable customers to
receive individualized and select telephone call processing or specialized or alternative billing
functions. Operator services include non-optional operator services, optional operator services,
and operator services necessary for the provision of basic local exchange service.

(qqq)

"Operator service provider" means a person that sells optional and/or non-optional operator
services.

(rrr)

"Operator verification service" means a service provided at the request of a customer to

determine if another customer's line is busy or not in service.

(sss)

"Optional operator services" means operator services other than non-optional operator services
and operator services necessary for the provision of basic local exchange service including,
without limitation, operator services provided in connection with conference calling, foreign
language translation, and voice messaging.

(ttt)

"Out-of-service trouble report" means a report by the customer of:

(I)

No dial tone, inability to make calls, or inability to receive calls on the customer's local
access line; or

(II)

Service quality deterioration to such an extent that the customer is incapable of sending
or receiving a facsimile or data transmission at voicegrade transmission levels using the
local access line.

Code of Colorado Regulations

(uuu)

"Outside plant" means the telecommunications plant, equipment, and facilities installed on, along,
or under streets, alleys, highways, or on private rights-of-way between a central office and
customers' locations or between central offices.

(vvv)

"Part II service" means a service subject to regulation pursuant to Title 40, Article 15, Part 2,
C.R.S.

(www) "Plain old telephone service" (POTS) means single-line, basic telephone service provided to a
customers premises.
(xxx)

"Price list" means a provider's rate schedule, filed with the Commission by transmittal letter, listing
current rates for regulated telecommunications services and products and does not include rate
bands, ceilings, or floors.

(yyy)

"Private branch exchange" (PBX) means a private switchboard or switching system usually on the
premises of customers such as campuses, large business offices, apartment buildings, or hotels,
which, over a common group of lines from the central office, can receive calls, place outgoing
calls, and interconnect intra-office extensions.

(zzz)

"Private line service" means any point-to-point or point-to-multipoint service dedicated to the
exclusive use of an end user for the transmission of any telecommunications services.

(aaaa) "Provider" means any person under the jurisdiction of the Commission engaged in the business
of providing telecommunications services to the public. "Provider" includes telephone utilities and
telephone corporations as described in 40-1-103(1), C.R.S.
(bbbb) "Provider of last resort" (POLR) means a Commission-designated telecommunications provider
that has the responsibility to offer basic local exchange service to all customers who request it
within a geographic area.
(cccc) "Public agency" means any city, city and county, town, county, municipal corporation, public
district, or public authority located, in whole or in part, within this state that provides, or has the
authority to provide, fire fighting, law enforcement, ambulance, emergency medical, or other
emergency services.
(dddd) "Rate area" means the surrounding geographic area determined by wire center boundaries for
which a particular rate centers vertical and horizontal coordinates apply when calculating long
distance charges. A rate area may be comprised of a single wire center or multiple wire centers.
(eeee) "Rate center" means a geographic point which is defined by specific vertical and horizontal
coordinates on a map used by telecommunication companies to determine interexchange
mileage when calculating toll charges.
(ffff)

"Regional Bell Operating Company" (RBOC) means an ILEC that was, or is a successor to, one
of the seven bell operating companies created at the time of divestiture.

(gggg) "Reseller of basic local exchange service" means a certified provider of telecommunications
services who purchases, pursuant to a Commission-approved contract or an interconnection
agreement, or an effective tariff, local telecommunications services from a facilities-based
telecommunications provider and then offers the services, either by themselves as a separate
tariff offering, or in combination with other services, to an end user.

Code of Colorado Regulations

(hhhh) "Rural telecommunications provider" or "rural provider" means a local exchange provider that
meets one or more of the following conditions:
(I)

Provides common carrier service to any LEC study area, as defined by the Commission,
that does not include either:
(A)

Any incorporated place of 10,000 inhabitants or more or any part thereof, based
on the most recent available population statistics of the United States Bureau of
the Census; or

(B)

Any territory, incorporated or unincorporated, included in an urbanized area as

defined by the United States Bureau of the Census as of August 10, 1993;

(II)

Provides telephone exchange service, including exchange access to fewer than 50,000
access lines;

(III)

Provides telephone exchange service to any LEC study area, as defined by the
Commission, with fewer than 100,000 access lines; or

(IV)

Has less than 15 percent of its access lines in communities of more than 50,000
inhabitants.

(iiii)

"Service" means any intrastate telecommunications product or service offered by providers.

(jjjj)

"Service affecting trouble report" means a report by the customer of:

(I)

Impairment of the quality of the call such as noise, crosstalk, ringing, echo or diminished
volume; or

(II)

Service quality deterioration such that the performance characteristics of the customer's
local access line fall within the substandard range as defined in rule 2337.

(kkkk) "Service territory" means a geographic area in which a provider of local exchange
telecommunications services is authorized by the Commission to provide such services.
(llll)

"Station" means a device and any other necessary equipment at the customer's premises that
allows the customer to establish and continue communication.

(mmmm)
"Switched access" means the service or facilities provided by a local exchange provider
to interexchange providers, which allows them to use the local exchange network or the public
switched network to originate, terminate, or both originate and terminate interexchange
telecommunications services.
(nnnn) "Telecommunications" means the transmission, using optical or electronic media, between or
among points specified by the user, of information of the users choosing, without change in the
form or content of the information as sent and received regardless of the technology used to
transmit the information.
(oooo) "Telecommunications relay service" means any telecommunications transmission service that
allows a person who has a hearing or speech disability to engage in communication by wire or
radio with a hearing individual in a manner that is functionally equivalent to the ability of an
individual who does not have a hearing or speech disability. Such term includes any service that
enables two-way communication between a person who uses a telecommunications device or
other nonvoice terminal device and an individual who does not use such a device.

Code of Colorado Regulations

(pppp) "Telecommunications service" means the electronic or optical transmission of information

between separate points by prearranged means.
(qqqq) "Toll blocking" means a service that permits customers to disallow the completion of outgoing 1+
toll calls from a customers local access line.
(rrrr)

"Toll control" means a service that allows a customer to specify a certain volume or dollar value of
toll usage per month or billing cycle that may be incurred on a customers access line.

(ssss) "Toll limitation" means the blocking or controlling of toll service.

(tttt)

"Toll reseller" means any person who provides toll services to customers by using the
transmission facilities, including without limitation wire, cable, optical fiber, or satellite or terrestrial
radio signals of another person. A toll reseller may possess its own switching facilities.

(uuuu) "Toll service" (interexchange telecommunications service) means a type of telecommunications

service, commonly known as long-distance service, that is provided on an intrastate basis
between LATAs and within LATAs and that:
(I)

Is not included as part of basic local exchange service;

(II)

Originates and terminates in different local calling areas; and

(III)

Is traditionally billed to the customer separately from basic local exchange service.

(vvvv) "Transmission insertion loss" means the ratio, expressed in decibels, of the power delivered to
the load or station, in the case of an access line or channel, before and after activation of the
channel. For the purposes of this Part 2, insertion loss shall be considered equivalent to
transducer loss which is the ratio of available power from a power source connected to one end
of a channel or access line to the delivered power at the load, station or standard impedance,
connected to the other end of the channel.
(wwww) "Transmittal letter" means a letter, from a provider to the Director that accompanies each request
by the provider to modify its price list for Colorado services.
(xxxx) "Unbundling" means the disaggregation of facilities and functions into network products or
services so that they can be separately offered to other telecommunications providers in a
manner that allows requesting providers to combine such elements in order to provide
telecommunications services.
(yyyy) "Universal service", "Universal basic service", or "Universal basic local exchange service" means
the availability of basic local exchange service to all citizens of Colorado at affordable rates.
(zzzz) "USOA" means Uniform System of Accounts.
(aaaaa) "Voicegrade access" to the public switched network means the functionality than enables a user
of telecommunications services to transmit voice communications within the frequency range of
approximately 300 Hertz and 3,000 Hertz, for a bandwidth of approximately 2,700 Hertz. It also
includes signaling the network that: the caller wishes to place a call; there is an incoming call; and
the called party is ready to receive voice communications.
(bbbbb) "Wire center" means the structure that houses the equipment used for providing
telecommunications services and that terminates outside cable plant and other facilities for a
designated serving area.

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10

(ccccc) "Wire center serving area" means the geographic area of an exchange area served by a single
wire center.
(ddddd) "Wireless carrier" means a cellular licensee, a personal communications services licensee, or
certain specialized mobile radio providers designated as covered carriers by the FCC in 47
C.F.R. 20.18.
2002.

Applications.

(a)

Any person may seek Commission action regarding any of the following matters through the filing
of an appropriate application:
(I)

For a CPCN to provide Part II regulated telecommunications service, as provided in rule

2103;

(II)

For the issuance of a LOR for Part III emerging competitive telecommunications services,
as provided in rule 2103;

(III)

To amend a CPCN or LOR, as provided in rule 2104;

(IV)

To change exchange area boundaries, as provided in rule 2105;

(V)

To discontinue the provisioning of basic local exchange service, as provided in rule 2108;

(VI)

To transfer a CPCN or assets or to merge a provider with another entity, as provided in

rule 2109;

(VII)

To amend a tariff on less than statutory notice, as provided in subparagraph 2122(c)(IV);

(VIII)

For certification as a basic emergency service provider, as provided in rule 2134;

(IX)

For designation as a POLR, as provided in rules 2183 and 2184;

(X)

For relinquishment of the designation as a POLR, as provided in rule 2186;

(XI)

For designation as an ETC, as provided in rule 2187;

(XII)

For relinquishment of designation as an EP or ETC, as provided in rule 2188;

(XIII)

For approval of Path 2 disaggregation and targeting of federal high cost support, as
provided in rule 2190(b);

(XIV)

For an alternative form of regulation, as provided in rule 2205;

(XV)

To refrain from regulation of a Part II service, as provided in rule 2207;

(XVI)

For reclassification of a service offering, as provided in rule 2208;

(XVII)

For deregulation of Part III Emerging Competitive Services, as provided in rule 2209;

(XVIII) For approval of a refund plan, as provided in rule 2305;

(XIX)

For the expansion of a local calling area, as provided in subparagraph 2309(a)(III) and
paragraph 2309(b)(IV);

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(b)

(XX)

For designation as an Eligible Provider (EP), as provided in rule 2847; or

(XXI)

For any other authority or relief provided for in these rules, or for any other relief not
inconsistent with statute or rule and not specifically described in this rule.

Unless otherwise noted in specific rules, all applications shall include, in the following order and
specifically identified, the following information, either in the application or in appropriately
identified attached exhibits:
(I)

The name and address of the applicant;

(II)

The name(s) under which the applicant is, or will be, providing telecommunications
service in Colorado;

(III)

The name, address, telephone number, facsimile number, and e-mail address of the
applicant's representative to whom all inquiries concerning the application should be
made;

(IV)

The name, address, telephone number, facsimile number, and e-mail address of the
applicant's contact person for customer inquiries concerning the application, if that
contact person is different from the person listed in subparagraph (III);

(V)

A statement indicating the town or city, and any alternate town or city, where the
applicant prefers any hearings be held;

(VI)

A statement that the applicant agrees to respond to all questions propounded by the
Commission or its Staff concerning the application;

(VII)

A statement that the applicant shall permit the Commission or any member of its Staff to
inspect the applicant's books and records as part of the investigation into the application;

(VIII)

A statement that the applicant understands that if any portion of the application is found
to be false or to contain material misrepresentations, any authorities granted may be
revoked upon Commission order;

(IX)

Acknowledgment that, by signing the application, the applying utility understands that:
(A)

The filing of the application does not by itself constitute approval of the
application.

(B)

If the application is granted, the applying utility shall not commence the
requested action until the applying utility complies with applicable Commission
rules and with any conditions established by Commission order granting the
application.

(C)

If a hearing is held, the applying utility shall present evidence at the hearing to
establish its qualifications to undertake, and its right to undertake, the requested
action.

(D)

In lieu of the statements contained in subparagraphs (b)(IX)(A) through (C) of this

rule, an applying utility may include a statement that it has read, and agrees to
abide by, the provisions of subparagraphs (b)(IX)(A) through (C) of this rule.

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(X)

An attestation which is made under penalty of perjury; which is signed by an officer, a

partner, an owner, an employee of, an agent for, or an attorney for the applying utility, as
appropriate, who is authorized to act on behalf of the applying utility; and which states
that the contents of the application are true, accurate, and correct. The application shall
contain the title and the complete address of the affiant.

(XI)

A copy of the company's proposed notice to the public and its customers, if such notice is
required.

(c)

Applications shall be processed in accordance with the Commission's Rules Regulating Practice
and Procedure.

(d)

Customer notice. Except as required or permitted by 40-3-104, C.R.S., if the applicant is

required by statute, Commission rule, or order to provide notice to its customers of the
application, the applicant shall, within seven days after filing an application with the Commission,
cause to have published notice of the filing of the application in each newspaper of general
circulation in the municipalities impacted by the application. The applicant shall provide proof of
such customer notice within 14 days of the publication in the newspaper. Failure to provide such
notice or failure to provide the Commission with proof of notice may cause the Commission to
deem the application incomplete. The applicant may also be required by statute, Commission
rule, or order to provide additional notice to its customers of the application by first-class mailing
or by hand-delivery. Both the newspaper notice and any additional customer notice(s) shall
include the following:
(I)

The title Notice of Application by [Name of the Utility] to [Purpose of Application].

(II)

State that [Name of Utility] has applied to the Colorado Public Utilities Commission for
approval to [Purpose of Application]. If the utility commonly uses another name when
conducting business with its customers, the also known as name should also be
identified in the notice to customers.

(III)

Provide a brief description of the proposal and the scope of the proposal, including an
explanation of the possible impact, including rate impact, if applicable, upon persons
receiving the notice.

(IV)

Identify which customers will be affected and identify the affected product or service.

(V)

Identify the proposed effective date of the application.

(VI)

Identify that the application was filed on less than statutory notice or if the applicant
requests an expedited Commission decision, as applicable.

(VII)

State that the filing is available for inspection in each local office of the applicant and at
the Colorado Public Utilities Commission.

(VIII)

Identify the docket number of the proceeding, if known at the time the customer notice is
provided.

(IX)

State that any person may file written comment(s) or objection(s) concerning the
application with the Commission. As part of this statement, the notice shall identify both
the address and e-mail address of the Commission and shall state that the Commission
will consider all written comments and objections submitted prior to the evidentiary
hearing on the application.

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(X)

State that if a person desires to participate as a party in any proceeding before the
Commission regarding the filing, such person shall file an intervention in accordance with
the rule 1401 of the Commissions Rules of Practice and Procedure or any applicable
Commission order.

(XI)

State that the Commission may hold a public hearing in addition to an evidentiary hearing
on the application and that if such a hearing is held members of the public may attend
and make statements even if they did not file comments, objections or an intervention.
State that if the application is uncontested or unopposed, the Commission may determine
the matter without a hearing and without further notice.

(XII)

State that any person desiring information regarding if and when hearings may be held
shall submit a written request to the Commission or shall alternatively contact the
External Affairs section of the Commission at its local or toll-free phone number. Such
statement shall also identify both the local and toll-free phone numbers of the
Commissions External Affairs section.

(e)

Unless otherwise noted in a specific rule, an original plus ten copies of the application shall be
filed.

2003.

Petitions.

(a)

Any person may seek Commission action regarding any of the following matters through the filing
of an appropriate petition:

(b)

(I)

For variance from a Commission rule, as provided in rule 1003;

(II)

For issuance of a declaratory order, as provided in paragraph 1304(i);

(III)

For the Declaration of Intent to Serve within the territory of a rural telecommunications
provider, as provided in rule 2106;

(IV)

For expansion of a local calling area, as provided in paragraph 2309(c);

(V)

For arbitration of an interconnection agreement, as provided in rules 2562 through 2579;

or

(VI)

For use of N-1-1 abbreviated dialing codes, as provided in rules 2740 through 2799.

Unless otherwise noted in specific rules, all petitions shall include, in the following order and
specifically identified, the following information, either in the petition or in appropriately identified
attached exhibits:
(I)

The name and address of the petitioner;

(II)

The name(s) under which the petitioner is providing telecommunications service in

Colorado;

(III)

The name, address, telephone number, facsimile number, and e-mail address of the
petitioner's representative to whom all inquiries concerning the petition should be made;

(IV)

The name, address, telephone number, facsimile number and e-mail address of the
petitioners contact person for customer inquiries concerning the petition, if that contact
person is different from the person listed in subparagraph (III) above.

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(c)

(V)

A statement indicating the town or city, and any alternate town or city, where the
petitioner prefers any hearings be held;

(VI)

A statement that the petitioner agrees to respond to all questions propounded by the
Commission or its Staff concerning the petition;

(VII)

A statement that the petitioner shall permit the Commission or any member of its Staff to
inspect the petitioner's books and records as part of the investigation into the petition;

(VIII)

A statement that the petitioner understands that if any portion of the petition is found to
be false or to contain material misrepresentations, any relief granted may be revoked
upon Commission order;

(IX)

Acknowledgment that, by signing the petition, the petitioner understands that:

(A)

The filing of the petition does not by itself constitute approval of the petition.

(B)

If the petition is granted, the petitioner shall not commence the requested action
until the petitioner complies with applicable Commission rules and with any
conditions established by Commission order granting the petition.

(C)

If a hearing is held, the petitioner shall present evidence at the hearing to

establish its qualifications to undertake, and its right to undertake, the requested
action.

(D)

In lieu of the statements contained in subparagraphs (b)(IX)(A) through (C) of this

rule, a petitioner may include a statement that it has read, and agrees to abide
by, the provisions of subparagraphs (b)(IX)(A) through (C) of this rule.

(X)

A statement which is made under penalty of perjury; which is signed by an officer, a

partner, an owner, an employee of, an agent for, or an attorney for the applying utility, as
appropriate, who is authorized to act on behalf of the petitioner; and which states that the
contents of the petition are true, accurate, and correct. The petition shall contain the title
and the complete address of the affiant.

(XI)

A copy of the petitioners proposed notice to the public and its customers, if such notice is
required.

Contents of notice to customers. If the petitioner is required by statute, Commission rule or order
to provide additional notice to its customers of the petition, such notice shall include the following:
(I)

The title Notice of Petition by [Name of the Utility] to [Purpose of Petition].

(II)

State that [Name of Utility] has petitioned to the Colorado Public Utilities Commission for
approval to [Purpose of Petition]. If the utility commonly uses another name when
conducting business with its customers, the also known as name should also be
identified in the notice to customers.

(III)

Provide a brief description of the proposal and the scope of the proposal, including an
explanation of the possible impact upon persons receiving the notice.

(IV)

Identify which customer class(es) will be affected and the monthly customer rate impact
by customer class, if customers rates are affected by the petition.

(V)

Identify the proposed effective date of the petition.

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(VI)

Identify that the petition was filed on less than statutory notice or if the petitioner requests
an expedited Commission decision, as applicable.

(VII)

State that the filing is available for inspection in each local office of the petitioner and at
the Colorado Public Utilities Commission.

(VIII)

Identify the docket number of the proceeding, if known at the time the customer notice is
provided.

(IX)

State that any person may file written comment(s) or objection(s) concerning the petition
with the Commission. As part of this statement, the notice shall identify both the address
and e-mail address of the Commission and shall state that the Commission will consider
all written comments and objections submitted prior to the evidentiary hearing on the
petition.

(X)

State that if a person desires to participate as a party in any proceeding before the
Commission regarding the filing, such person shall file an intervention in accordance with
the rule 1401 of the Commissions Rules of Practice and Procedure or any applicable
Commission order.

(XI)

State that the Commission may hold a public hearing in addition to an evidentiary hearing
on the petition and that if such a hearing is held members of the public may attend and
make statements even if they did not file comments, objections or an intervention. State
that if the petition is uncontested or unopposed, the Commission may determine the
matter without a hearing and without further notice.

(XII)

State that any person desiring information regarding if and when hearings may be held
shall submit a written request to the Commission or shall alternatively contact the
External Affairs section of the Commission at its local or toll-free phone number. Such
statement shall also identify both the local and toll-free phone numbers of the
Commissions External Affairs section.

(d)

Unless otherwise noted in a specific rule, an original plus ten copies of the petition shall be filed.

2004.

Disputes.

For purposes of this rule, a dispute is a concern, difficulty, or problem needing resolution that a customer
brings directly to the attention of the provider without involvement of the Commission staff. In any dispute
that a customer initiates directly with a provider, and that concerns jurisdictional services, the provider
shall give to the customer the current address and phone numbers (local and toll free) of the External
Affairs Section of the Commission if the customer and provider are unable to resolve the dispute.
2005.

Records.

(a)

Location of records. Unless otherwise authorized by the Commission, all required records shall
be made available to the Commission or its authorized representatives at any time upon request.

(b)

Retention of records. Providers shall preserve and retain all required records for not less than:
(I)

Two years after the date of entry of the record; or

(II)

For any longer period of time enumerated by a specific FCC or Commission rule,
whichever is longer.

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(c)

Records to be maintained include:

(I)

Service interruptions. Each LEC shall keep a record showing all interruptions affecting
service in an entire exchange area or any major portion of the exchange area that affects
the lesser of 25 percent or 1,000 of the exchange's local access lines for one or more
hours during the day. This record shall identify the date, time, duration, extent, and cause
of the interruption. Each LEC shall also keep a record or all customers eligible for credits
related to such interruptions, pursuant to subparagraph 2304(b)(IV).

(II)

Test equipment. Each provider shall keep records concerning testing of test equipment
under paragraph 2334(f).

(III)

Customer billing and dispute records. Each provider shall keep customer billing and
dispute records for a minimum period of two years.

(IV)

Carrier change authorization records. Submitting carriers shall maintain and preserve
records of verification of subscriber authorization of service for a minimum period of two
years after obtaining such verification.

(V)

Deposits. This rule applies only with respect to a LECs residential and small business
customers. Each provider shall keep a record of each deposit received from a customer
until two years after the deposit is returned to the customer. The record shall identify the
following:

(VI)

(A)

The name of each customer making a deposit;

(B)

The amount and date of the deposit;

(C)

Each premises occupied by the customer while the deposit is retained by the
provider; and

(D)

Each accounting transaction related to the deposit, such as the date the deposit
was refunded and the amount of interest paid on the deposit.

Held service orders.

(A)

Applicability. This rule applies only with respect to a LECs residential and small
business customers.

(B)

During periods of time when the provider is not able to establish new primary line
service to customers in areas of an exchange currently served by the provider
within the time frames set forth in the applicable definition of held service order in
rule 2001 of this Part, or by Commission order, the provider shall keep a record,
by wire center serving area, identifying the following:
(i)

The name and address of each applicant for service;

(ii)

The date of the application;

(iii)

The class of service (e.g., residence, business);

(iv)

The order number assigned to the application for service;

(v)

The reason for the delay in providing service to the applicant;

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(C)

(D)

(d)

(vi)

The expected in-service date; and

(vii)

A record of all provider contacts, whether written or oral, with the

applicant.

During periods of time when the provider is not able to supply service to
customers within the time frames established by the applicable definitions of held
service order in rule 2001 of this Part or by Commission order, the provider shall
keep a record identifying:
(i)

All expenses incurred in providing bill credits as a result of failure to

timely provide service; and

(ii)

All installation fees waived and credits issued in compliance with

subparagraphs 2310(f)(III) and (IV).

When the number of held service orders to establish new primary line service
exceeds 50 access lines at a wire center providing service to 2,000 or more
access lines, or the number of held service orders to establish primary line
service exceeds 20 access lines at a wire center serving fewer than 2,000
access lines, the provider shall maintain records including information on each
held service order showing the application date, the cause(s) for the delay and
number of days for installation beyond ten days or the customer's requested
installation date, if later.

(VII)

Each provider shall maintain records showing the monthly and annual performance of the
provider to determine the level of service for each item included in rules 2330 through
2399.

(VIII)

Maintenance and operations records. Each provider shall maintain records of the various
tests and inspections, including but not limited to, non-routine corrective maintenance
actions and monthly traffic analysis summaries for network administration. Corrective
maintenance records shall show the line or facility, such as a specific trunk, that was
tested or inspected. The records shall also include the reason for the test, the general
conditions under which the test was made, the results of the test, and any corrections
made as a result of the test and inspection.

(IX)

Plant facilities. Each provider shall keep complete maps and records showing the location
and description of its plant and facilities, including, but not limited to, the number of
interexchange circuits, the nature and amount of plant and equipment used in providing
telecommunications services, and the areas served by the provider.

(X)

Other records as required by this Part 2, but not specifically enumerated by this rule.

(XI)

Other records as the Commission may require.

Accounting Records.
(I)

Except as specifically provided by Commission rule, each provider shall maintain its
books of accounts and records using Generally Accepted Accounting Principles (GAAP).

(II)

Unless otherwise approved by the Commission, depreciation for book purposes shall be
determined by applying the straight-line method of depreciation.

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2006.

(III)

ILECs shall use the Uniform System of Accounts (USOA) prescribed for Common
Carriers, Classes A and B by the FCC, pursuant to 47 C.F.R. Part 32.

(IV)

For all providers exempt from USOA requirements, the system for keeping the books of
account and associated records shall be capable of generating Colorado intrastatespecific information upon request. The books of account and records shall be maintained
in sufficient detail to allow for a determination by the Commission that the provider
complies with standards relating to cross-subsidization, affiliate transactions, separations,
and other standards set forth by Commission order, rules, or applicable statutes.

Reports.

Each provider shall submit reports to the Commission as follows:

(a)

Annual reports of Colorado jurisdictional operations. Each provider shall file with the Commission,
on or before April 30 of each year, an annual report for the preceding calendar year. The provider
shall submit the annual report on forms prescribed and supplied by the Commission; shall
properly complete the forms; and shall ensure the forms are verified and signed by a person
authorized to act on behalf of the provider. All providers shall use the forms prescribed and
supplied by the Commission and shall file the required number of copies pursuant to
subparagraph 1204(a)(IV) of the Commissions Rules of Practice and Procedure. If the
Commission grants the provider an extension of time to file the annual report, the provider shall
nevertheless file with the Commission, on or before April 30, the provider's total gross operating
revenue from intrastate telecommunications business transacted in Colorado for the preceding
calendar year.

(b)

If a certified public accountant prepares an annual report for a provider, the provider shall file two
copies of the report with the Commission within 30 days after publication.

(c)

Report of held local exchange service orders exceeding 90 days (90-day held orders) and not
subject to any applicable exceptions in rule 2310. This paragraph only applies with respect to a
LECs residential and small business customers. Consistent with subparagraph 2310(f), when a
LEC does not supply basic local exchange service to any customer in an exchange area currently
served by the LEC within 90 days, the LEC shall file a report with the Director of the Commission,
stating the circumstances causing the delay, explaining if such circumstances are beyond the
LEC's control, and providing an estimate of the time necessary to provide service. This report
shall identify: the name and address of each applicant; the date of application for service; the
class type applied for (e.g., residence or business); the date the application became a 90-day
held order; the wire center from which the customer will receive service; and the order number
assigned by the LEC to the application for service. This report shall be filed with the Director by
the last business day of the following month and shall identify all customers where the period to
provide local exchange service exceeds 90 days.

(d)

Report of service orders exceeding thresholds. This paragraph only applies with respect to a
LECs residential and small business customers. When the lesser of 50 or five percent of the total
number of service applications in a wire center in a consecutive three-month period are held
orders, the provider shall, within five days of the close of the three-month period, submit to the
Commission a report identifying the information required by subparagraph 2005(c)(V)(D) and
identifying the number of days service has been delayed for each held order. The provider shall
further submit to the Commission, within 14 days of the close of the three-month period, a plan of
its proposed action to reduce the number of these held service orders to fewer than the lesser of
50 or five percent of the total number of service applications in that wire center.

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(e)

Costs incurred and revenue foregone for failure to meet service requirements. This paragraph
only applies with respect to a LECs residential and small business customers. In compliance with
subparagraphs 2310(e)(III) and (IV), a LEC shall report, on a monthly basis, all costs incurred and
revenues foregone in providing bill credits and installation fee waivers. Such expenses, revenues
foregone, bill credits and installation fee waivers shall be identified by class and type of service
and duration. This report shall be filed with the Director by the last day of the following month.

(f)

Reports related to E9-1-1 and 9-1-1 services, as required by paragraph 2143(h) and rule 2144.

(g)

Reports related to Telecommunications Relay Services for Disabled Telephone Users, as

required by subparagraph 2827(b)(IV).

(h)

Reports related to administration of the Colorado High Cost Support Mechanism, as required by
rule 2846.

(i)

Reports from the Commission's designated agent who administers the No-call list, as required by
rule 2893.

(j)

Other reports as required by this Part 2, but not specifically enumerated by this rule.

(k)

Other reports as the Commission may require.

2007.

[Reserved].

2008.

Incorporations by Reference.

(a)

The Commission incorporates by reference the following standards issued by the National
Emergency Number Association: the Recommended Formats & Protocols For Data Exchange
(NENA-02-010), revised as of February 25, 2006; NENA Recommended Data Standards for
Local Exchange Carriers, ALI Service Providers & 9-1-1 Jurisdictions (NENA-02-011), revised as
of November 9, 2004; NENA Network Quality Assurance (NENA-03-001), original as of June 12,
1995; NENA Recommendation for the implementation of Enhanced MF Signaling, E9-1-1 tandem
to PSAP (NENA-03-002), recommended June 21, 1998; and NENA Recommended Standards for
Local Service Provider Interconnection Information Sharing (NENA-06-001), revised as of August
2004. No later amendments to or editions of these standards are incorporated into these rules.

(b)

The Commission incorporates by reference 47 C.F.R., Parts 32, 36, 54, 68, 69 and Part 64
Subparts I and K (as published October 1, 2006). No later amendments to or editions of these
regulations are incorporated in these rules.

(c)

Except as provided in paragraph (a) of rule 2361, the Commission incorporates by reference the
regulations published in 47 C.F.R. 64.2003, 64.2005, 64.2007, 64.2008, and 64.2009 as
revised on October 1, 2006. No later amendments to or editions of the C.F.R. are incorporated
into these rules.

(d)

The Commission incorporates by reference the National Electrical Safety Code, C2-2007 edition,
published by the Institute of Electrical and Electronics Engineers and endorsed by the American
National Standards Institute. No later amendments to or editions of the National Electrical Safety
Code are incorporated into these rules.

(e)

The Commission incorporates by reference the regulations published in 47 C.F.R. 51.307 through
51.319, as revised on October 1, 2006. No later amendments to or editions of these regulations
are incorporated into these rules.

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20

(f)

The Commission incorporates by reference the rule promulgated by the FCCs LNP First Report
and Order, Decision No. FCC 96-286 in CC Docket No. 95-116, released July 2, 1996. No later
amendments to or editions of these requirements are incorporated into these rules.

(g)

The Commission incorporates by reference the FCCs Truth in Billing Rules found at 47 C.F.R.
64.2401, et seq. revised on October 1, 2006. No later amendments to or editions of the C.F.R.
are incorporated into these rules.

(h)

The standards and regulations incorporated by reference may be examined at the offices of the
Commission, 1560 Broadway, Suite 250, Denver, Colorado 80202, during normal business hours,
Monday through Friday, except when such days are state holidays. Certified copies of the
incorporated standards shall be provided at cost upon request. The Director or the Directors
designee will provide information regarding how the incorporated standards and regulations may
be examined at any state public depository library.

CIVIL PENALTIES
2009.

Definitions.

The following definitions apply to rules 2009, 2010, and 2895, unless a specific statute or rule provides
otherwise. In the event of a conflict between these definitions and a statutory definition, the statutory
definition shall apply.
(a)

Civil penalty means any monetary penalty levied against a public utility because of intentional
violations of statutes in Articles 1 to 7 and 15 of Title 40, C.R.S., Commission rules, or
Commission orders.

(b)

Civil penalty assessment means the act by the Commission of imposing a civil penalty against a
public utility after the public utility has admitted liability or has been adjudicated by the
Commission to be liable for intentional violations of statutes in Articles 1 to 7 and 15 of Title 40,
C.R.S., Commission rules, or Commission orders.

(c)

Civil penalty assessment notice means the written document by which a public utility is given
notice of an alleged intentional violation of statutes in Articles 1 to 7 and 15 of Title 40, C.R.S.,
Commission rules, or Commission orders and of a proposed civil penalty.

(d)

Intentional violation. A person acts intentionally or with intent when his conscious objective is
to cause the specific result proscribed by the statute, rule, or order defining the violation.

2010.

Regulated Telecommunications Utility Violations, Civil Enforcement, and Enhancement of

Civil Penalties.

(a)

The Commission may impose a civil penalty in accordance with the requirements and procedures
contained in 40-7-113.5, C.R.S., 40-7-116.5, C.R.S., and paragraph 1302(b), 4 Code of
Colorado Regulations 723-1, for intentional violations of statutes in Articles 1 to 7 and 15 of Title
40, C.R.S., Commission rules, or Commission orders as specified in 40-7-113.5 and 40-7116.5, C.R.S., and in these rules.

(b)

The director of the commission or his or her designee shall have the authority to issue civil
penalty assessments for the violations enumerated in 40-7-113.5, C.R.S., subject to hearing
before the Commission. When a public utility is cited for an alleged intentional violation, the public
utility shall be given notice of the alleged violation in the form of a civil penalty assessment notice.

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(c)

The public utility cited for an alleged intentional violation may either admit liability for the violation
pursuant to 40-7-116.5(1)(c) or the public utility may contest the alleged violation pursuant to
40-7-116.5(1)(d), C.R.S. At any hearing contesting an alleged violation, trial staff shall have the
burden of demonstrating a violation by a preponderance of the evidence.

(d)

In any written decision entered by the Commission pursuant to 40-6-109, C.R.S., adjudicating a
public utility liable for an intentional violation of a statute in Articles 1 to 7 and 15 of Title 40,
C.R.S., a Commission rule, or a Commission order, the Commission may impose a civil penalty
of not more than two thousand dollars, pursuant to 40-7-113.5(1), C.R.S. In imposing any civil
penalty pursuant to 40-7-113.5(1), C.R.S., the Commission shall consider the factors set forth in
Rule 1302(b).

(e)

The Commission may assess doubled or tripled civil penalties against any public utility, as
provided by 40-7-113.5(3), C.R.S., 40-7-113.5(4), C.R.S., and this rule.

(f)

The Commission may assess any public utility a civil penalty containing doubled penalties only if:

(g)

(h)

(I)

the public utility has admitted liability by paying the civil penalty assessment for, or has
been adjudicated by the Commission in an administratively final written decision to be
liable for, engaging in prior conduct that constituted an intentional violation of a statute in
Articles 1 to 7 and 15 of Title 40, C.R.S., a Commission rule, or a Commission order;

(II)

the conduct for which doubled civil penalties are sought violates the same statute, rule, or
order as conduct for which the public utility has admitted liability by paying the civil
penalty assessment, or conduct for which the public utility has been adjudicated by the
Commission in an administratively final written decision to be liable; and

(III)

the conduct for which doubled civil penalties are sought occurred within one year after
conduct for which the public utility has admitted liability by paying the civil penalty
assessment, or conduct for which the public utility has been adjudicated by the
Commission in an administratively final written decision to be liable.

The Commission may assess any public utility a civil penalty containing tripled penalties only if:
(I)

the public utility has admitted liability by paying the civil penalty assessment for, or has
been adjudicated by the Commission in an administratively final written decision to be
liable for, engaging in prior conduct that constituted two or more prior intentional
violations of a statute in Articles 1 to 7 and 15 of Title 40, C.R.S., a Commission rule, or a
Commission order;

(II)

the conduct for which tripled civil penalties are sought violates the same statute, rule, or
order as conduct for which the public utility has either admitted liability by paying the civil
penalty assessment or been adjudicated by the Commission in an administratively final
written decision to be liable, in at least two prior instances; and

(III)

the conduct for which tripled civil penalties are sought occurred within one year after the
two most recent prior instances of conduct for which the public utility has either admitted
liability by paying the civil penalty assessment, or been adjudicated by the Commission in
an administratively final written decision to be liable.

When more than two instances of prior conduct exist, the Commission shall only consider those
instances occurring within one year prior to the date of such alleged conduct for which tripled civil
penalties are sought.

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(i)

Nothing in this rule shall preclude the assessment of tripled penalties when doubled and tripled
penalties are sought in the same civil penalty assessment notice.

(j)

The Commission shall not issue a decision on doubled or tripled penalties until after the effective
date of the administratively final Commission decision upon which the single civil penalty was
based.

(k)

The civil penalty assessment notice shall contain the maximum penalty amount provided by rule
for each individual violation noted, with a separate provision for a reduced penalty of 50 percent
of the penalty amount sought if paid within ten days of the public utilitys receipt of the civil penalty
assessment notice.

(l)

The civil penalty assessment notice shall contain the maximum amount of the penalty surcharge
pursuant to 24-34-108(2), C.R.S., if any.

(m)

A penalty surcharge referred to in paragraph (l) of this rule shall be equal to the percentage set by
the Department of Regulatory Agencies on an annual basis. The surcharge shall not be included
in the calculation of the statutory limits set in 40-7-113.5(5), C.R.S.

(n)

Nothing in these rules shall affect the Commissions ability to pursue other remedies in lieu of
issuing civil penalties.

2011. - 2099.

[Reserved].

OPERATING AUTHORITY
Authority to Offer Local Exchange or Emerging Competitive Telecommunications Services Discontinuances - Transfers - Toll Reseller Registration
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to establish regulations regarding: applications for a Certificate of
Public Convenience and Necessity (CPCN) to provide Part II regulated telecommunications services;
applications for Letters of Registration (LOR) to provide Part III emerging competitive telecommunications
services; petitions to offer local exchange telecommunications service within the territory of a rural
telecommunications provider; applications to discontinue any telecommunications services or authorities;
applications to execute a merger, encumbrance or transfer; and registration as a toll reseller.
The statutory authority for promulgation of these rules is found at 24-4-103, 40-2-108, 40-15-204, 4015-301(2), 40-15-302(2), 40-15-302.5, 40-15-303, 40-15-305(2), 40-15-501, 40-15-502, 40-15-503(2),
and 40-15-509, C.R.S.
2100.

Applicability.

Rules 2100 through 2119 apply to all telecommunications providers applying for a CPCN to provide Part
II regulated telecommunications services, a LOR to provide Part III emerging competitive
telecommunications services, authority to offer local exchange telecommunications service within the
territory of rural telecommunications provider, authority to discontinue any Part II or Part III
telecommunications service or Part II or Part III authorities, and authority to execute a transfer, or any
combination of these. Rule 2110 shall apply to providers required to register as toll resellers.

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2101.

Definitions.

The following definitions apply only in the context of rules 2100 through 2119:
(a)

"Alternate provider" means any telecommunications carrier certified by the Commission that has
an effective tariff on file to provide local exchange telecommunications service.

(b)

"Encumbrance" means any liability, lien, claim or restriction placed on a regulated

telecommunications provider's CPCN or LOR.

(c)

"Transfer" means any or all of the following:

(I)

A transaction to convey, by sale, assignment, or lease: a CPCN; a certificate to provide

local exchange telecommunications services in existence on July 30, 2001; a LOR; or
any combination of these;

(II)

A transaction to obtain, whether by conveyance of assets or shares, controlling interest in

a provider defined as a public utility;

(III)

A conveyance of assets not in the ordinary course of business; or

(IV)

An execution of a merger of a telecommunications provider defined as a public utility.

2102.

Application Procedures.

(a)

The applicant shall submit a verified original and four copies of an application and any supporting
documentation.

(b)

Commission notice. Rule 1206 shall apply to applications made pursuant to this rule, except that
the Commission need only give notice by electronic posting on its website within seven days of
receipt of an application for a CPCN, a LOR, or a combined CPCN/LOR. Unless otherwise
ordered by the Commission, the notice period will expire 30 days after the notice is posted on the
Commissions website.

(c)

No CPCN, LOR, authority to discontinue service, or authority to execute a transfer or

encumbrance shall become effective until the Commission issues an order approving such
application.

2103.

Application for CPCN or LOR.

To request a CPCN to provide Part II regulated telecommunications services, a LOR to provide Part III
emerging competitive services, or both, an applicant shall submit the required information by filing either a
pleading or a completed application form provided by the Commission on its website.
(a)

Contents. The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified attached exhibits:
(I)

The information required by paragraph 2002(b);

(II)

Name, mailing address, toll free telephone number, facsimile number, and e-mail address
of applicant's representative responsible for responding to customer disputes;

(III)

Name, mailing address, telephone number, facsimile number, and e-mail address of
applicant's representative responsible for responding to the Commission concerning
customer informal complaints;

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24

(IV)

A copy of the applicants applicable organizational documents, e.g., Articles of

Incorporation; Partnership Agreement; Articles of Organization, etc.;

(V)

If the applicant is not organized in Colorado, a current copy of the certificate issued by
the Colorado Secretary of State authorizing the applicant to transact business in
Colorado;

(VI)

Name and address of applicants Colorado agent for service of process;

(VII)

A description of the applicant's affiliation, if any, with any other company and the name
and address of all affiliated companies;

(VIII)

A copy of the applicants most recent audited balance sheet, income statement, and
statement of retained earnings;

(IX)

If the applicant is a newly created company that is unable to provide the audited financial
information requested in subparagraph (VIII): detailed information on the sources of
capital funds that will be used to provide telecommunications services, including the
amount of any loans, lines of credit, or equity infusions that have been received or
requested, and the names of each source of capital funds;

(X)

The names, business addresses, and titles of all officers, directors, partners, agents and
managers who will be responsible for the provisioning of jurisdictional
telecommunications services in Colorado;

(XI)

A copy of any management contracts, service agreements, marketing agreements or any

other agreements between the applicant and any other entity, including affiliates of the
applicant, that relate to the provisioning of jurisdictional telecommunications services in
Colorado;

(XII)

Identification of any of the following actions by any court or regulatory body within the last
five years regarding the provisioning of regulated telecommunications services by the
applicant, by any of applicant's agents, officers, board members, managers, partners, or
management company personnel, or by any of applicant's affiliates that resulted in:
(A)

Assessment of fines or civil penalties;

(B)

Assessment of criminal penalties;

(C)

Injunctive relief;

(D)

Corrective action;

(E)

Reparations;

(F)

A formal complaint proceeding brought by any regulatory body;

(G)

Initiation of or notification of a possible initiation of a disciplinary action by any

regulatory body, including, but not limited to, any proceeding to limit or to place
restrictions on any authority to operate, any CPCN, or any service offered;

(H)

Refusal to grant authority to operate or to provide a service;

(I)

Limitation, de-certification, or revocation of authority to operate or to provide a

service; or

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(J)

(b)

Any combination of the above;

(XIII)

For each item identified in subparagraph (XII) of this paragraph: an identification of the
jurisdiction, summary of any applicable notification of a possible initiation or pending
procedure, including the docket, case, or file number, and, upon the request of the
Commission or its Staff, a copy of any written decision;

(XIV)

A list of the Part III emerging competitive telecommunications services to be provided in

conjunction with its LOR; and

(XV)

Acknowledgment that by signing the application, the applicant:

(A)

Certifies that it possesses the requisite managerial qualifications, technical

competence, and financial resources to provide the telecommunications services
for which it is applying;

(B)

Understands that:
(i)

The filing of the application does not by itself constitute authority to

operate;

(ii)

If the application is granted, the applicant shall not provide service until:
(a) the applicant complies with applicable Commission rules and any
conditions established by Commission order granting the application; (b)
has an effective tariff on file with the Commission; and (c) the
Commission approves its Declaration of Intent to Serve, if seeking to
provide local exchange service in the service territory of a rural
telecommunications provider;

(C)

Agrees to respond in writing, within ten days, to all customer informal complaints
made to the Commission;

(D)

Agrees to contribute, in a manner prescribed by statute, rule, or order of the

Commission, to the funding of:
(i)

The Fixed Utility Fund;

(ii)

The Colorado High Cost Support Mechanism;

(iii)

The Colorado Disabled Telephone Users Fund;

(iv)

Emergency Telecommunications Services (e.g., 9-1-1 and E9-1-1); and

(v)

Any other financial support mechanism created by 40-15-502(4),

C.R.S., and adopted by the Commission, as required by 40-15503(2)(b)(V), C.R.S.; and

(E)

Certifies that, pursuant to its tariff, it will not unjustly discriminate among
customers in the same class of service.

(F)

Certifies that the applicant will not permit any other person or entity to operate
under its Commission-granted authority without explicit Commission approval.

If an applicant is requesting only a LOR for Part III emerging competitive services, its application
shall include the information required by subparagraphs (a)(I) - (VII) and (XII) - (XV).

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2104.

Application to Amend a CPCN or LOR.

To amend a CPCN or LOR, an applicant shall submit the required information by filing an application with
the Commission.
(a)

Contents. The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified attached exhibits, to
the extent that information has changed since the original grant of authority:
(I)

The information required for a CPCN or for a LOR by subparagraphs 2103(a)(I) - (III) and
(XV);

(II)

A list of services affected by the proposed amendment;

(III)

The reason for requesting the proposed amendment;

(IV)

Acknowledgment that by signing the application, the applicant:

(A)

Certifies that it possesses the requisite managerial qualifications, technical

competence, and financial resources to provide the telecommunications services
for which it is applying;

(B)

Understands that:

(C)

(D)
(b)

(i)

The filing of the application does not by itself constitute approval to

amend its authority;

(ii)

If the application is granted, the applicant shall not provide the proposed
service until: (a) the Commission approves the application; (b) the
applicant has an effective tariff reflecting the amended authority on file
with the Commission; and (c) the applicant complies with applicable
Commission rules and any conditions established by Commission order
granting the application;

Agrees to contribute, in a manner prescribed by statute, rule, or order of the

Commission, to the funding of:
(i)

The Fixed Utility Fund;

(ii)

The Colorado High Cost Support Mechanism;

(iii)

The Colorado Disabled Telephone Users Fund;

(iv)

Emergency Telecommunications Services (e.g., 9-1-1 and E9-1-1); and

(v)

Any other financial support mechanism created by 40-15-502(4),

C.R.S., and adopted by the Commission, as required by 40-15503(2)(b)(V), C.R.S.; and

Certifies that, pursuant to its tariff, it will not unjustly discriminate among
customers in the same class of service.

Combined applications. An applicant may file a combined application for amending the applicant's
CPCN and LOR.

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2105.

Application to Change Exchange Area Boundaries.

To change exchange area boundaries, an applicant shall submit the required information by filing an
application with the Commission. If the exchange area boundary change affects more than one provider,
the affected providers shall file a joint application containing the information applicable to each provider.
(a)

(c)

Contents. The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified attached exhibits:
(I)

The information required by paragraph 2002(b);

(II)

The specific boundaries described by metes and bounds that the applicant proposes to
change;

(III)

A copy of the proposed advice letter and exchange area maps;

(IV)

The proposed effective date of the change;

(V)

The facts (not in the form of conclusory statements) relied upon to show that the
proposed change is consistent with, and not contrary to, the statements of public policy in
40-15-101, 40-15-111(2), 40-15-501, and 40-15-502, C.R.S.; and

(VI)

Acknowledgment that by signing the application, the applicant understands and agrees
that:
(A)

The filing of the application does not, by itself, constitute authority to implement
the change;

(B)

The applicant shall not implement the change unless and until a Commission
decision granting the application is issued; and

(C)

If the application is granted, the grant is conditional upon:

(i)

The existence of an applicable, effective tariff;

(ii)

Compliance with all conditions established by Commission order; and

(iii)

Filing of the approved advice letter and tariff pages upon not less than
two business days notice.

Customer notice. If a grant of the application will result in changing a customer's service provider,
phone number, local calling area, or rates, the applicant shall provide customer notice to affected
customers as follows:
(I)

Concurrent with the filing of the application, the applicant shall mail the notice by a
separate first-class mailing, or by hand delivery.
(II)

In addition to the information required by paragraph 2002(d), the notice shall

provide details of the proposed change, including a description of changes in
service provider, rates, phone numbers, and local calling areas.

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2106.

Declaration of Intent to Serve within Territory of Rural Telecommunications Provider.

A provider that has been granted a CPCN to provide Part II regulated telecommunications services, and
that wishes to provide such services in the service territory of an incumbent rural telecommunications
provider, shall file with the Commission, a petition stating its Declaration of Intent to Serve at least 45
days prior to offering such services.
(a)

Contents. The petition shall include, in the following order and specifically identified, the following
information, either in the petition or in appropriately identified attached exhibits:
(I)

The information required by paragraph 2003(b);

(II)

Identification of the rural telecommunications provider(s) operating in the service territory

proposed to be served;

(III)

A description of the service territory proposed to be served including lists of exchange

areas and local calling areas, and a copy of the exchange maps for the proposed service
territory;

(IV)

A description of the local telecommunications services to be provided; (V) The method of

providing each of the telecommunications services, i.e., resale, unbundled network
elements, facilities-based, or a combination thereof; and,

(VI)

A copy of the notice provided to the affected rural telecommunications provider(s) as

required by paragraph (c) below.

(b)

Commission notice. Within seven days of the receipt of the petition, the Commission shall provide
notice by electronic posting on the Commissions website.

(c)

Petitioner notice. Concurrent with the filing of the petition with the Commission, the petitioner shall
send by first-class mail written notice to the affected rural telecommunications provider(s) within
the proposed service territory. Such notice shall state that an intervention must be filed in
accordance with the timelines and form specified by rule 1401 of the Commissions Rules of
Practice and Procedure or any applicable Commission order.(d) The Declaration shall become
effective only upon order of the Commission.

(e)

Once the Declaration becomes effective, the petitioner shall file an advice letter and proposed
tariff, or modification of an existing tariff, which shall identify the exchanges, local calling areas,
and service offerings. This filing shall be on not less than 30-days notice. The provider shall not
offer or provide services until the tariff or tariff change, as applicable, is effective.

2107.

CPCN or LOR Deemed Null and Void.

A CPCN or a LOR shall be deemed null and void without further action of the Commission, if the provider
fails to file an applicable tariff and optional price list within one year after the effective date of the
Commission order granting the CPCN and/or LOR. For good cause shown, the provider may file a motion
to extend the one-year filing deadline.

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2108.

Discontinuance of Regulated Services.

To discontinue regulated basic local exchange telecommunications service, any service required for the
provisioning of regulated basic local exchange telecommunications service, or any basic local exchange
service in a selected service territory or portion(s) thereof, a provider shall file an application with the
Commission not less than 45 days prior to the effective date of the proposed discontinuance. The
applicant may submit the required information by filing either a pleading or a completed application form
provided by the Commission on its website.
(a)

(b)

Exemptions. An application to discontinue service is not required if any of the following apply:
(I)

The provider has no customers in Colorado and has notified the Commission under
paragraph 2108(f) of this rule.

(II)

The provider is discontinuing toll resale service and has notified the Commission under
subparagraph 2110(b)(III).

(III)

The provider is discontinuing facilities-based long distance service and has notified the
Commission and the providers customers under subparagraph (g).

(IV)

The discontinuance is the result of a transfer, no interruption or change of service will

occur, and the provider has filed an application to transfer under rule 2109.

(V)

The discontinuance is neither basic local exchange service nor a bundle nor a package
that includes basic local exchange service.

Compliance with reporting and regulatory funding requirements.

(I)

(II)

(c)

If the application is for a discontinuance of all telecommunications services in Colorado

the provider shall:
(A)

Cancel its tariffs and price lists;

(B)

Submit its annual reports and remit payments for all amounts due to all
applicable funds for the period prior to the effective date of the order granting the
discontinuance;

(C)

Identify the name, title, address, phone number, facsimile number, and e-mail
address of the officer or officers or agent responsible for completion of all
subsequent reports and payments required by the Commission and an affidavit
from the officers acknowledging their responsibility under this rule; and

(D)

Make all necessary and appropriate arrangements with underlying facilitiesbased provider regarding the discontinuation of services provided.

If the application is for a discontinuance of all facilities-based local exchange

telecommunications services in Colorado the provider shall notify NANPA and/or the
Number Pooling Administrator of the pending return of numbers if the applicant has been
assigned numbering resources.

Contents. The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified attached exhibits:
(I)

The information required by paragraph 2002(b);

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(II)

Identification of the service territory or portion thereof proposed for discontinuance.

(III)

A statement as to whether the granting of the application will result in the cancellation of
its tariff and/or price list in part or in its entirety, CPCN, and LOR.

(IV)

A statement that the applicant has notified NANPA and/or the Number Pooling
Administrator of the pending return of numbers, if applicable.

(V)

The proposed effective date, which shall not be sooner than 45 days after the date on
which the provider files the application with the Commission.

(VI)

A copy of the notice that will be provided to customers in accordance with paragraph (e)
of this rule.

(VII)

Acknowledgment that by signing the application, the applicant and its successors
understand and agree that:
(A)

Filing of the application does not, by itself, constitute authority to discontinue any
service;

(B)

If the application is granted, any discontinuance is conditional upon fulfillment of

conditions established by Commission order;

(C)

If the application is granted, any discontinuance is conditional upon fulfillment of

relevant statutory and regulatory obligations, including filing annual reports and
remitting payments for all amounts due to all applicable funds for the period prior
to the effective date of the order granting the discontinuance;

(D)

Acknowledgement that the officer or officers or agent named in its application

may be held personally liable if reports are not completed and submitted and if
payments are not submitted to the appropriate regulatory agency, in accordance
with 40-7-106, C.R.S., and that the officer or officers may be punished as
provided in 18-1-106, C.R.S.; and

(E)

If the application is granted, the provider shall, on not less than two business
days notice, make a compliance filing citing the applicable Commission decision
number that includes, as necessary:
(i)

An advice letter to cancel part or all of its tariffs; and

(ii)

A Transmittal Letter to cancel all or part of its price list.

(d)

Provider of last resort. If the applicant has been designated as a POLR, it shall supplement its
application by providing the information required by the Commission's rule relating to
relinquishment of the POLR designation, in accordance with rule 2186.

(e)

Customer notice. The applicant shall work with Commission Staff on the content of the notice and
shall provide such customer notice of the application to discontinue service, as follows:
(I)

At least 30 days prior to the effective date of the proposed discontinuance, the applicant
shall mail by a separate first-class mailing, or by hand delivery, the notice to each of the
applicant's affected customers. A list of alternate providers to include in the notice
pursuant to subparagraph (L) of this rule shall be obtained from the Commission.

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(II)

(III)

Except as may otherwise be ordered by the Commission, the notice shall:

(A)

Include the information required by paragraph 2002(d)(I) - (XII);

(B)

Provide details of the proposed discontinuance, including a description of the

services affected;

(C)

State the specific time period during which customers must select an alternate
provider;

(D)

Notify customers of their option to select another local exchange provider and
that a list of alternate local providers is attached and is available from the
Commission;

(E)

Notify customers that if a customer does not select an alternate local provider
within the specified time period, the customers basic local exchange service will
be disconnected, the customer will be without dialtone and the customer may not
be able to retain his telephone number; and

(F)

State that an alternate provider may refuse service to a customer if that customer
owes an outstanding balance for jurisdictional services.

The applicant shall file with the Commission an affidavit attesting to its compliance with
this paragraph regarding notice not less than 15 days before the date of the proposed
discontinuance. The affidavit shall state the date on which notice was completed and the
method used to give notice. A copy of each notice given shall accompany the affidavit.

(f)

Discontinuance when no customers are affected. If no customers are affected by the proposed
discontinuance, the provider is not required to file an application. However, at least 30 days prior
to the proposed date of discontinuance, the provider shall file with the Commission a written
notification of discontinuance and an affidavit in the prescribed Commission format attesting that
no customers will be affected.

(g)

Discontinuance of regulated emerging competitive telecommunications (Part III) service(s). If the

provider is discontinuing regulated emerging competitive telecommunications service(s), the
provider is not required to file an application. However, at least 30 days prior to the proposed date
of discontinuance, the provider shall file with the Commission a written notification of
discontinuance of the specific service(s) to be discontinued and an affidavit in the prescribed
Commission format attesting that its customers were notified of the planned discontinuance.

(h)

Amendment of tariff or price list. If the proposed discontinuance requires an amendment of the
provider's tariff or price list, nothing in this rule shall be construed as a waiver or variance from
statute or Commission rules regarding the provider's obligation to file an appropriate advice letter
or transmittal letter.

2109.

Application to Transfer or Encumber.

To request authority to execute a transfer or encumbrance, the transferor and the transferee or lender for
an encumbrance shall file a joint application with the Commission not less than 45 days prior to the
effective date of the proposed transfer or encumbrance. If the transferee does not hold a Commissionissued CPCN and/or LOR, the transferee shall provide the Commission with the information required
pursuant to rule 2103, and must receive an appropriate Commission grant of authority to assume the
transferor's CPCN and/or LOR. The joint applicants may submit the required information by filing either a
pleading or a completed application form provided by the Commission on its website.

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(a)

Contents. The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified attached exhibits:
(I)

The information required by paragraph 2002(b);

(II)

Name under which the transferee or encumberer is, or will be, providing service in
Colorado if the transfer or encumbrance is approved;

(III)

The specific assets, including any operating authority or rights obtained under such
operating authority that the applicants propose to transfer or encumber;

(IV)

A statement of the facts (not in the form of conclusory statements) relied upon to show
that the proposed transfer or encumbrance is consistent with, and not contrary to, the
statements of public policy in 40-15-101, 40-15-501, and 40-15-502, C.R.S.; and

(V)

Acknowledgment that by signing the application, the joint applicants understand and
agree that:
(A)

The filing of the application does not, by itself, constitute authority to execute the
transfer or encumbrance;

(B)

The applicants shall not undertake the proposed transfer or encumbrance unless
and until a Commission decision granting the application is issued;

(C)

The granting of the application does not constitute execution of the transfer or
encumbrance, but only represents the Commission's approval of the request for
authority to transfer or encumber;

(D)

If a transfer is granted, such transfer is conditional upon:

(E)

(b)

(i)

The existence of applicable, effective tariffs or price lists for relevant

services, including any required adoption notices;

(ii)

Compliance with the statutes and all applicable Commission rules,

including the transferor's filing an annual report and remitting payment for
all amounts due to all applicable funds or support mechanisms for the
period up to the effective date of the transfer; and

(iii)

Compliance with all conditions established by Commission order; and

If the application to transfer or encumber is granted, the joint applicants shall

notify the Commission if the transfer is not consummated within 60 days of the
proposed effective date stated in the application or if the proposed transfer terms
are changed prior to the consummation date. This notice shall include the docket
and decision number(s) which granted the authority to execute the transfer or
encumbrance.

Provider of last resort. If the Commission has designated either the transferor or the transferee as
a POLR, the application shall also include the information required by Commission rule 2186
relating to relinquishment of POLR designation.

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2110.

Toll Reseller Registration and Obligations.

Toll resellers shall be regulated in the following manner:

(a)

Registration. All toll resellers shall register using the form provided by the Commission on its
website.

(b)

Obligations. A toll reseller shall:

(I)

Submit an annual report and other reports required by Commission rules;

(II)

Agree to contribute, in a manner prescribed by statute, rule, or order of the Commission,

to the:

(III)
(c)

(A)

Fixed Utility Fund;

(B)

Colorado High Cost Support Mechanism; and

(C)

Any other financial support mechanism created by 40-15-502(4), C.R.S., and

adopted by the Commission, as required by 40-15-503(2)(b)(V), C.R.S.

File an updated registration form within 15 days of any change in the information
previously provided to the Commission, including any discontinuance of service.

Remedies for misconduct by toll resellers. For the purposes of enforcing 40-15-112, C.R.S., the
Commission may invoke all lawful remedies available under Title 40, Articles 1 through 7, C.R.S.
Failure to comply with applicable statutes or Commission rules is cause for revocation of the
registration, an order to cease and desist, an order to the appropriate local exchange providers to
disconnect a toll reseller's service, or any other remedy deemed appropriate by the Commission.

2111. - 2119.

[Reserved].

Advice Letters, Tariffs, Transmittal Letters, Price Lists, Promotional and Discount Offerings, and
Promotional Letters
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to describe the process by which a provider produces and files
tariffs, price lists, advice letters, and transmittal letters enabling the Commission to ensure that
jurisdictional rates, charges, terms, and conditions are just, reasonable, and not unduly discriminatory.
The statutory authority for the promulgation of these rules is found at 40-3-101(1), 40-3-102, 40-3103, 40-3-104, 40-3-104(1)(c)(V), and 40-2-108, C.R.S.
2120.

Applicability.

Rules 2120 through 2129 are applicable to all providers, except toll resellers, regulated under Parts II or
III or Article 15, Title 40, C.R.S.
2121.

Definitions [Reserved].

2122.

Tariffs and Advice Letters.

(a)

All tariffs and advice letters shall comply with rule 1210 of the Commissions Rules of Practice and
Procedure.

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(b)

Filing and contents of tariff. In addition to the requirements and contents in rule 1210, the
following shall be included in a provider's tariff, as applicable:
(I)

A description of the providers local calling areas, which shall include the exchange area
and all other exchanges which are included in its local calling area.

(II)

Exchange maps. Each LEC shall have on file with the Commission, as part of its tariff, a
currently applicable exchange area boundary map for each of its exchanges within the
state in which the LEC has been granted authority to provide service. Each map shall
identify clearly the boundary lines of the exchange area and shall include a map scale.
Exchange boundary lines shall identify, by appropriate measurement, the boundary line if
the boundary line is not otherwise located on section lines, waterways, railroads, or
roads. Maps shall include detail equivalent to the detail provided on county highway
maps. In lieu of filing a separate set of exchange area boundary maps, the tariff of a
CLEC may incorporate by reference the exchange area boundary maps of a LEC or
LECs , provided the CLECs service territory mirrors the exchange area of the other LEC
or LECs. This incorporation by reference shall be a listing of the exchange boundary
area(s) in which the CLEC will provide service.

(III)

The providers rates and charges for Colorado jurisdictional services or alternatively, the
providers maximum rates or range of rates if the provider is also filing a price list.

(IV)

A description of subscribers options regarding freezing their authorized local, intraLATA

toll, and interLATA toll carriers consistent with subparagraph 2311(d), except that
providers who are registered solely as toll resellers shall not be subject to this
requirement.

(V)

The rates, charges, terms, and conditions for interconnection, consistent with rules 2500
through 2529.

(VI)

A description of the Colorado High Cost Support Mechanism (CHCSM) surcharge,

consistent with paragraphs 2847(f) and (g).

(VII)

A description of the Telecommunications Relay Services (TRS) surcharge, consistent

with rule 2827.

(VIII)

A description of all other state-mandated surcharges.

(IX)

Initial Tariff. Each provider shall file an initial Tariff accompanied by an initial Advice
Letter, in compliance with this rule and any relevant Commission order, on not less than
30-days notice to the Commission. If the provider chooses to also file a Price List, the
Tariff shall state the provider's maximum or range of rates whereas the Price List shall
identify the actual prices that will be charged to its customers.(XI)Changing existing
tariffs.
(A)

Introducing a new regulated service. Any ILEC proposing to introduce any new
regulated service shall file an advice letter and proposed tariff pages on not less
than 30-days notice to the Commission and to the public. The Commission may
order the ILEC to give additional notice of the proposed new service. A new
regulated service does not include new package offerings of existing services;
adding new term periods and rates to existing services; or adding different
configuration and rates to an existing service.

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(B)

Changing tariffs on 14-days notice. A provider that has been granted an

alternative form of regulation for Part III emerging competitive services or that
has been granted a form of price regulation other than rate-of-return regulation,
or a CLEC that is providing service pursuant to a default form of regulation may
propose a change in its tariff by filing an advice letter and tariff pages on not less
than 14-days notice.

(C)

ILEC notice requirements for tariff changes.

(D)

(c)

(i)

Changing tariffs on not less than 30-days notice. Any ILEC proposing to
change any rate, or to change any rule, regulation, classification, term, or
condition in a tariff that will result in an increase in rates or charges shall
give notice in accordance with 40-3-104, C.R.S.

(ii)

Changing tariffs to decrease rates. Any ILEC proposing to change any

rate in a tariff that will result in a decrease in rates or charges shall file an
advice letter and tariff pages on not less than 14-days notice to the
Commission. No additional public notice shall be required.

(iii)

Changing tariff terms or conditions on not less than 14-days notice. Any
ILEC proposing a change in its tariff terms or conditions shall file an
advice letter and tariff pages on not less than 14-days notice to the
Commission. No additional notice is required, unless the Commission
finds that it is in the public interest to order additional notice. If the
Commission so orders, and to avoid rejection of the advice letter filing,
the provider shall extend the effective date of such advice letter to
accommodate the additional notice.

Changing tariffs upon less than 30-days or 14-days notice. A provider may file an
application for permission to change a tariff on less than 30-days or 14-days
notice, as applicable. The Commission, for good cause shown, under 40-3104(2), C.R.S., may grant permission to change a tariff without formal oral
hearing on less than 30-days or 14-days notice. No tariff change shall become
effective unless the Commission orders: a change in the manner in which the
tariff shall be filed and published; the change to be made to the tariff; and the
date when the change shall take effect. In providing notice of the application, the
provider shall comply with paragraph 1206(f) concerning less-than-statutory
notice. The following shall be included in the application: details of the proposed
change to the provider's tariff; the tariff pages that the provider proposes to
change; justification for the proposed change becoming effective on less than 14days or 30-days notice, as applicable; any prior Commission action, in any
proceeding, pertaining to the present or proposed tariff; and financial data
supporting the proposed change, if appropriate.

Customer notice. If the utility is required by statute, Commission rule or order to provide additional
notice to customers of the advice letter filing, such customer notice shall include, without
limitation, the following:
(I)

Information required by paragraph 2002(d)(I) - (XII); and

(II)

Identification of the advice letter number, if known at the time the customer notice is
provided.

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2123.

Price Lists and Transmittal Letters.

Optional price list. Unless otherwise ordered by the Commission, a provider may file, in addition to its
tariff, a price list for Part II regulated telecommunications service and Part III emerging competitive
telecommunications services. A price list shall include only the current rates for services.
(a)

General.
(I)

Filing. A provider may file, in addition to its tariff, a price list for Part II regulated
telecommunications service and Part III emerging competitive telecommunications
services. A price list includes only the current rates for services. (II) Public inspection.
The provider shall have its current price list available for public inspection at its principal
place of business during normal business hours. The provider may also have its price list
available on the providers website.

(III)

Number of copies.
(A)

(B)

Unless otherwise ordered by the Commission, the provider shall file with the
Commission:
(i)

An original and ten copies of each transmittal letter;

(ii)

An original and three copies of each price list page; and

(iii)

An original and three copies of any supporting documentation, if

applicable.

If the provider desires a file-stamped copy of a price list or transmittal letter, such
provider shall file one additional copy of the filing, and shall include a selfaddressed envelope with adequate postage affixed thereto.

(IV)

Format, required contents and processing. Providers shall file price lists using the form
available from the Commission or from its website. Filings that do not conform to the
Commission's format, do not comply with the required number of copies to be filed, or do
not contain the required information may not be processed. If the Commission does not
process the filing, the filing party will be notified within five days. Date stamping a filing
does require the Commission to process the filing.

(V)

Rejection. The Commission may reject any proposed price list that is not in the
prescribed format or does not include the information required by statutes, rules,
regulations, orders, or decisions of the Commission. Any price list rejected by the
Commission shall be void and shall not be used. However, the Commission may, in lieu
of rejection, suspend the effective date of the price list and set the matter for hearing.

(VI)

Notice. Commission will provide notice by electronic posting on its website within seven
days of the receipt of a transmittal letter and proposed price list.

(VII)

Effective date calculation. In calculating the proposed effective date of a price list, the
date filed with the Commission shall not be counted. The entire notice period must expire
prior to the proposed effective date of the price list.

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(VIII)

(b)

Suspension and hearing. When a provider files a proposed price list, the Commission
may suspend the proposed price list's effective date and, upon reasonable notice, set the
matter for hearing. Pending hearing and decision, the price list shall not go into effect.
The period of suspension shall not extend more than 120 days beyond the proposed
effective date of the price list, unless the Commission, by separate decision, extends the
period of suspension for an additional period not exceeding 90 days.

Price lists.
(I)

Contents. All of the following shall be included in the price list:

(A)

Symbol
D
I
R
M
N
T

A title page including:

(i)

The provider's name, address, website address, and telephone number,

including a toll free customer service telephone number;

(ii)

The name and title of the provider's employee responsible for regulatory
contacts with the Commission; and

(iii)

A statement of the services to which the price list applies.

(B)

A table of contents.

(C)

A list explaining price list change symbols, in the format available from the
Commission or from its website. At a minimum, the following symbols shall be
used:

Signifying
Discontinued service or deleted material.
Rate increase.
Rate reduction.
Material moved from or to another part of the providers price list; a
footnote indicating where the material was moved from and where the
material was moved to shall accompany all "M" classified changes.
New product, rate, or material.
Change in text, but no change in a rate or charge in the price list.
(D)

The providers actual rates and charges for Colorado jurisdictional services.

(E)

Return check charges consistent with 13-21-109, C.R.S., if applicable.

(F)

The following information shall be included on each price list page:

(i)

Provider's name;

(ii)

An identification of the document as a price list, by labeling it as a "Price

List" and identifying the price list number ("Colorado PUC Price List No.
xx");

(iii)

The price list page numbers (e.g., "Original Sheet No. 34"); or, if the
page cancels another page, a listing of the cancelled page number shall
be included (e.g., "First Revised Sheet No. 34", "Cancels Original Sheet
No. 34");

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(c)

(iv)

Relevant section or heading captions;

(v)

An identification of the corresponding the transmittal letter number

implementing the price list change and an identification of the
corresponding Commission decision number, if applicable; and

(vi)

The price list's effective date.

(II)

Initial price list. The initial price list shall be filed upon 30-days notice to the Commission
attached to an advice letter.

(III)

Changing existing price lists. Changes to an existing price list shall be proposed by filing
a transmittal letter on not less than 14-days notice. However, any ILEC proposing to
change any rate in a price list that will result in an increase in rates or charges shall give
notice that includes the requirements of paragraph 2002(d) and is in accordance with
40-3-104, C.R.S., or Commission order.

Transmittal letters.
(I)

Filing with price list. A transmittal letter shall accompany each price list filed with the
Commission.

(II)

The transmittal letter shall be filed using the form available from the Commission or its
website, and shall include, at a minimum:
(A)

The provider's name and address;

(B)

The sequentially numbered identification of the transmittal letter

(C)

An identification of the corresponding price list number;

(D)

A brief description of the proposed price list, including;

(i)

The affected service;

(ii)

The affected class of customers;

(iii)

Whether the proposed price list contains an increase in rates, a decrease

in rates, or both;

(iv)

Whether the proposed price list changes terms or conditions; and

(v)

Whether the proposed price list makes textual changes;

(E)

An identification of price list page numbers included in the filing. The provider
also has the option of including the identification of the price list page number on
a separate sheet attached to the transmittal letter;

(F)

The price list's proposed effective date;

(G)

The name, telephone number, facsimile number, and e-mail address, of the
person to contact regarding the filing; and

(H)

The signature of the authorized agent of the provider.

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(III)

(IV)

2124.

If the provider proposes to revise or to cancel existing price list pages, the transmittal
letter shall also include:
(A)

A listing of the revised sheet numbers;

(B)

A listing of the cancelled sheet numbers;

(C)

A listing of the titles of the revised sheets;

(D)

The purpose and brief description of each proposed change;

(E)

A statement of how customers will be notified of the changes; and

(F)

The proposed effective date.

If there is a change in any information on the title page of the price list, the provider shall
file a transmittal letter with the new information and the new title page. The transmittal
letter and title page may be filed on not less than one-day notice if the only revision to the
price list is to provide the new information on the title page.

Promotional and/or Discount Offerings.

Promotional and/or discount offerings may be offered by a provider. Providers shall not file these offerings
with the Commission. However, all ILECs are required to comply with FCC 96-325 First Report and Order
at paragraph 950 where it states, To preclude the potential for abuse of promotional discounts, any
benefit of the promotion must be realized within the time period of the promotion, e.g., no benefit can be
realized more than ninety days after the promotional offering is taken by the customer if the promotional
offering was for ninety days. In addition, an incumbent LEC may not use promotional offerings to evade
the wholesale obligation, for example by consecutively offering a series of 90-day promotions. A LEC
foregoing revenues because of a promotional or discount offering will not be made whole for this loss.
2125. - 2129.

[Reserved].

Emergency 9-1-1 Services for Emergency Telecommunications Service Providers and Basic Local
Exchange Carriers
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to: (1) recognize Enhanced 9-1-1 (E9-1-1) as a service regulated
by 40-15-201; (2) prescribe multi-line telephone system (MLTS) operator requirements regarding
disclosure to end users of the proper method for accessing 9-1-1 service, and regarding the capability of
the MLTS to transmit end users telephone numbers and location information; (3) prescribe the
interconnection environment and relationships between basic emergency service providers (BESPs) and
wireless carriers, BESPs and LECs, and BESPs and other telecommunications providers; (4) permit use
of 9-1-1 databases for outbound wide area notifications in times of emergency; (5) prescribe reporting
times of 9-1-1 outages and interruptions; and (6) explicitly recognize the potential for multiple BESPs in
Colorado.
The statutory authority for the promulgation of these rules is found at 29-11-102(2)(b); 29-11-106(3);
40-3-102; 40-3-103; 40-4-101(1) and (2); 40-15-201; 40-15-301; 40-15-503(2)(a), (b), and (g); and 40-2108, C.R.S.

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2130.

Applicability.

(a)

Rules 2130 through 2159 apply to all basic local exchange carriers and BESPs.

(b)

To the extent these rules specifically refer to wireless carriers as a condition of interconnection
with any BESP, such rules apply to wireless carriers who agree to comply with them.

(c)

Some of the provisions in these rules apply to MLTS operators whose systems do not have
automatic number and automatic location identification capability, or whose systems require the
dialing of an additional digit(s) to access the public switched network.

2131.

Definitions.

The following definitions apply only in the context of rules 2130 through 2159:
(a)

"9-1-1" means a three-digit abbreviated dialing code used to report an emergency situation
requiring a response by a public agency such as a fire department or police department.

(b)

"9-1-1 facilities" means the facilities (e.g., trunks or transmission paths) that connect from the
central office serving the individual telephone that originates a 9-1-1 call to the 9-1-1 tandem and
subsequently connect the tandem to a Public Safety Answering Point (PSAP). These may
include, but are not limited to, point-to-point private line facilities and E9-1-1 facilities owned,
leased or otherwise acquired by a BESP. Common or shared facilities also may be used. These
facilities may include private network facilities and governmental facilities (if available) obtained
for alternative routing of E9-1-1 calls for temporary use during service interruptions.

(c)

"9-1-1 failure" or "9-1-1 outage" means a situation in which 9-1-1 calls cannot be transported from
the end users to the PSAP responsible for answering the 9-1-1 emergency calls. 9-1-1 failures
also include the inability to deliver location information to the PSAP from the 9-1-1 Automatic
Location Identification (ALI) database or a loss of the 9-1-1 ALI functionality.

(d)

"9-1-1 tandem" or "9-1-1 tandem switch" means the telecommunications switch dedicated to
aggregation of 9-1-1 call traffic from public networks and proper routing of 9-1-1 call traffic to
PSAPs.

(e)

"ALI database provider" means any person or entity that, on a for-profit or not-for-profit basis,
provides ALI to basic emergency service providers and the governing body for a specific
geographic area.

(f)

ALI service means all the services, features, and functionalities of elements and components
used to provide ALI, including the applications, databases, management processes and services,
selective routing, aggregation, and transport, without regard to the technology used.

(g)

"Automatic Location Identification" (ALI) means the automatic display, on equipment at the PSAP,
of the telephone number and other information concerning the location of the caller. The ALI
database includes non-listed and non-published numbers and addresses, and other information
about the callers location.

(h)

"Automatic Number Identification" (ANI) means the process used on customer-dialed calls to
automatically identify the calling station, and the automatic display of the callers telephone
number on telephone answering equipment used by operators at the PSAP.

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41

(i)

"Basic emergency service" means the Part II telecommunications service ( 40-15-201(2),

C.R.S.) permitting the use of the basic local exchange network and the 9-1-1 abbreviated dialing
code for reporting police, fire, medical, or other emergency situations to a PSAP and referral to a
public agency. The offering or providing of ALI service to a PSAP or governing body by any
person is a basic emergency service.

(j)

"Basic Emergency Service Provider" (BESP) means any person certificated by the Commission
to aggregate and transport 9-1-1 calls from the basic LEC, wireless carrier, or other
telecommunications provider to a PSAP.

(k)

"E9-1-1 facilities" means the facilities provided by a BESP that interconnects to basic local
exchange carriers, wireless carriers, and other telecommunications providers that are used to
transport 9-1-1 calls to the PSAP. The facilities may include the use of 9-1-1 tandem switches or
direct trunks connecting 9-1-1 calls to the PSAPs and E9-1-1 facilities owned, leased, or
otherwise acquired by a BESP. These facilities may include private network facilities and
governmental facilities (if available) obtained for alternative routing of E9-1-1 calls for temporary
use during service interruptions.

(l)

"E9-1-1 features" means the ANI, ALI database and selective routing capabilities and all other
components of an E9-1-1 system, not including the transport and switching facilities.

(m)

"E9-1-1 tandem" means the switch that receives E9-1-1 calls from the originating local exchange
central offices, wireless switch, or any other telecommunications provider's switch, employs the
ANI information associated with such calls, determines the correct destination of the call, and
forwards the call and the ANI information to that destination.

(n)

"Emergency notification service" (ENS) means a service in which, upon activation by a public
safety agency:
(I)

The 9-1-1 database or database derived from the 9-1-1 database is searched to identify
all stations located within a geographic area;

(II)

A call is placed to all such stations or all of a certain class of stations within the
geographic area (e.g., to exclude calls to facsimile machines, Internet/data access lines,
etc.); and

(III)

A recorded message is played upon answer to alert the public to a hazardous condition
or emergency event in the area (e.g., flood, fire, hazardous material incident, etc.).

(o)

"Emergency telephone charge" means a charge to pay for the equipment costs, the installation
costs, and the directly-related costs of the continued operation of an emergency telephone
service according to the rates and schedules filed with the Colorado Public Utilities Commission.

(p)

"Emergency telephone service" (ETS) means a telephone system using the abbreviated dialing
code 9-1-1 to report police, fire, medical, or other emergency situations.

(q)

"Enhanced 9-1-1" (E9-1-1) means a basic emergency telephone service that includes the
association of information such as ANI and ALI (including non-listed and non-published numbers
and addresses), and (optionally) selective routing, to facilitate public safety response.

(r)

"Geographic area" means the area such as a city, municipality, county, multiple counties or other
areas defined by a governing body or other governmental entity for the purpose of providing
public agency response to 9-1-1 calls.

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42

(s)

"Governing body" means a representative organization responsible for the oversight of 9-1-1
response activities in a specific geographic area. A governing body may be comprised of a board
of county commissioners, a board of directors of a special district, a city council or other
governing body of a city and/or county, or a separate legal entity established under 29-1-201,,
C.R.S., et seq.

(t)

"Multi-line telephone system" (MLTS) means a system comprised of common control units,
telephones, and control hardware and software providing local telephone service to multiple
customers in businesses, apartments, townhouses, condominiums, schools, dormitories, hotels,
motels, resorts, extended care facilities, or similar entities, facilities, or structures. Multi-line
telephone system includes:
(I)

Network and premises-based systems such as Centrex, PBX, and hybrid-key telephone
systems; and

(II)

Systems owned or leased by governmental agencies, nonprofit entities, and for-profit

businesses.

(u)

"Multiple-line telephone system operator" means the person that operates an MLTS from which
an end user may place a 9-1-1 call through the public switched network.

(v)

"National Emergency Number Association" (NENA) means the international not-for-profit

organization whose purpose is to lead, assist, and provide for the development, availability,
implementation and enhancement of a universal emergency telephone number or system
common to all jurisdictions through research, planning, publications, training and education.

(w)

"Other telecommunications providers" means any provider of exchange service, regardless of the
types of technology used.

(x)

"Public Safety Answering Point" (PSAP) means a facility equipped and staffed to receive and
process 9-1-1 calls from a BESP on a 24-hour basis. PSAPs are responsible to direct the
disposition of 9-1-1 calls.

(y)

"Routing" means the central office programming required to transport a 9-1-1 call to the correct 91-1 tandem.

(z)

"Selective routing" means the capability of routing a 9-1-1 call to a designated PSAP based upon
the seven digit or ten-digit telephone number of the subscriber dialing 9-1-1.

(aa)

"Telecommunications device for the deaf" (TDD) or "text phone" means an instrument defined by
the Communications Act of 1934 as a device that employs graphic communication in the
transmission of coded signals through a wire or radio communication system.

(bb)

"Telecommunications device for the deaf emergency access" or "text phone access" mean the
provision of 9-1-1 access to individuals that use TDDs and computer modems.

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43

2132.

[Reserved].

2133.

Service Components and Requirements.

(a)

Basic emergency service is the telecommunications service that aggregates and transports 9-1-1
calls to a PSAP. The aggregation of calls is the process of collecting 9-1-1 calls from one or more
local exchange, wireless carrier, or other telecommunications provider switches that serve a
geographic area for the purpose of determining and transporting 9-1-1 calls to the PSAP
designated to receive such calls. Basic emergency service may be provided using connections
between the PSAP and a local exchange central office switch, using connections to a 9-1-1
tandem, using connections between a wireless carrier switch and the 9-1-1 tandem, or by using
other technology. Basic emergency service includes, but is not limited to, the provision of a 9-1-1
tandem switch, connections to each local exchange carrier, wireless carrier, or other
telecommunications provider switch (excluding the trunk units on the switches to the 9-1-1
tandem switch), transport between the 9-1-1 tandem switch and the PSAP, and connections to
the PSAP (excluding trunk units at the PSAP). E9-1-1 also includes the provision of transport
facilities from the ALI database to the PSAP. In many instances an ALI database also may be
interconnected with the other components of the service.

(b)

ALI database service is integral to the provision of E9-1-1 services. On a timely basis, all basic
local exchange carriers shall provide the ALI database provider with access to all telephone
numbers, including non-published and non-listed numbers, that are maintained by the services of
the basic local exchange carrier, wireless carrier, reseller of a basic local exchange, or other
telecommunications provider. E9-1-1 service is distinguished from 9-1-1 service in the ability of
the BESP to provide greater routing flexibility for 9-1-1 calls based on information that is placed in
a computer database. The ALI database also provides the means for the PSAP to display the
address as well as the telephone number for incoming 9-1-1 calls and additional customerprovided information about the 9-1-1 callers location.

(c)

The PSAP(s) is responsible for receiving the 9-1-1 calls from a BESP and, if applicable, ALI
database information. The PSAP(s) forwards the 9-1-1 call, and where applicable, the ALI
database information to the proper public agency such as the fire department, emergency
medical services, sheriff, or police.

2134.

Process for Certification of Basic Emergency Service Providers (BESPs).

(a)

The Commission finds and declares that the public convenience and necessity require the
availability, and, when requested, the provision of basic emergency service within each local
exchange area in Colorado, and further that such basic emergency service is vital to the public
health and safety and shall be provided solely by properly certificated BESPs.

(b)

The Commission may certify additional or different BESPs to offer basic emergency service if
such certification is in the public interest. Each application for certification shall be considered on
a case-by-case basis.

(c)

An application for authority to provide basic emergency service shall include, in the following
order and specifically identified, the following information, either in the application or in
appropriately identified attached exhibits:
(I)

The information required by paragraph 2103(a);

(II)

The geographic area the BESP intends to serve;

(III)

The name, address, and telephone number of each provider offering local exchange
services in the geographic area that is the subject of the application;

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44

(IV)

If the applicant has previously filed with the Commission current reports or material that
include the information required in subparagraph (I) and (II), it may confirm this by filing
an attestation of completeness and accuracy with proper citation of title and date of the
other filed material; and

(V)

A detailed statement describing the means by which it will provide basic emergency
service. This statement shall include, but is not be limited to:
(A)

The technical specifications for the system that will be used to provide the basic
emergency services, including information on emergency restoration of the
system;

(B)

All inter-company agreements used to implement and operate the service;

(C)

All agreements with ALI database providers;

(D)

All inter-governmental agreements regarding governing bodies or PSAPs;

(E)

All interconnection agreements between the BESP and: basic local exchange
carriers, wireless carriers, other BESPs, and other telecommunications providers;
and

(F)

Proposed tariffs.

(d)

A current, audited financial statement showing that the applicant's assets, liabilities, and net worth
are sufficient to provide emergency services.

(e)

An acknowledgment that the applicant will provide basic emergency service in accordance with
these rules and all applicable quality of service rules.

2135.

Uniform System of Accounts, Cost Segregation and Collection.

All BESPs shall maintain their books and records and perform separation of costs as prescribed by rules
2400 through 2459, or as otherwise prescribed by the Commission.
2136.

Obligations of Basic Emergency Service Providers.

(a)

A BESP certificated by the Commission, shall obtain facilities from or interconnect with all basic
local exchange carriers, rule-compliant wireless carriers, and other telecommunications providers
who have customers in areas designated by governing bodies for the aggregation and
transmission of 9-1-1 calls or E9-1-1 calls in the area served by the BESP. BESPs shall
interconnect with all other BESPs with facilities in the serving area. A BESP shall create, or
amend as necessary, provisions in its interconnection agreements with all basic local exchange
carriers, wireless carriers, other BESPs, and other telecommunications providers to require
compliance with rule 2130 through 2159.

(b)

At the request of a basic local exchange carrier, wireless carrier, other BESP, or other
telecommunications provider within the area specified by a governing body, a BESP shall provide
and/or arrange for the necessary facilities to interconnect, switch and transport 9-1-1 calls from
the basic local exchange carriers, wireless carriers, other BESPs, or other telecommunications
providers to the PSAP that is responsible for answering the 9-1-1 calls. Interconnection shall be
accomplished in a timely manner, generally not more than 30 days from the time the BESP
receives a written order. Interconnection facilities shall generally be engineered as follows:

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45

(I)

Dedicated facilities for connecting each basic local exchange, wireless carrier, or other
telecommunications provider switch to a BESP shall be based on the requirements
established by the BESP to serve the customers within that local exchange; or

(II)

If shared or common facility groups are used to transport calls from the basic local
exchange carrier, wireless, or other telecommunications provider switch to a BESP, they
shall be sized to carry the additional call volume requirements. Additionally, common or
shared groups shall be arranged to provide 9-1-1 calls on a priority basis where
economically and technically feasible.

(c)

A BESP shall develop and file with the Commission tariffs that establish cost-based rates for
basic emergency services. These rates shall be averaged over the entire geographic area it
serves. The costs shall include an aggregation of all costs to the BESP of E9-1-1 related facilities
provided to it by all basic local exchange carriers, wireless carriers, resellers, or other
telecommunications providers in the geographic area as well as the costs of the E9-1-1 related
facilities provided by the BESP itself.

(d)

A BESP shall render a single monthly bill for its tariff services provided to the appropriate
governing body. The monthly bill shall identify the total number of lines billed to the governing
body and shall also separately identify the wireless communications access and wireline access
quantities used to compute the monthly bill.

(e)

On a quarterly basis, 30 days after the end of each quarter, each LEC shall report to the BESP
the local exchange access line quantities and each wireless provider shall report to the BESP the
wireless communications quantities by geographical area in the manner specified by the BESP so
that the BESP may compute the monthly billing to the each governing body for the tariff services
provided by the BESP. On a quarterly basis, 60-days after the end of each quarter, the BESP
shall re-compute the monthly billing to the governing body and shall furnish to the governing body
the detailed quantities, by LEC and wireless provider, that will be used in the computation of the
subsequent monthly billing by the BESP to the governing body. A BESP shall not be required to
interconnect with a LEC or wireless provider for the provision of E9-1-1 related facilities that will
not identify to the BESP on a quarterly basis, 30 days after the end of each quarter, the quantities
of exchange access lines for the LEC and the wireless communications quantities by
geographical area in the manner specified by the BESP.

(f)

BESPs shall ensure, to the extent possible and in the most efficient manner, that
telecommunication services are available for transmitting 9-1-1 calls from hearing and speech
impaired persons to the appropriate PSAP.

(g)

A BESP shall ensure that all E9-1-1 facilities, including interconnections between it and the basic
local exchange carriers, wireless carriers, and other telecommunications providers are
engineered, installed, maintained and monitored in order to provide a minimum of two circuits and
a minimum grade of service that has 1 percent (P.01) or less blocking during the busy hour.

(h)

To expedite the restoration of service following 9-1-1 failures or outages, each BESP shall
designate a telephone number for PSAPs, wireless carriers, LECs, or other telecommunications
providers to report trouble. Such telephone number shall be staffed seven days a week, 24 hours
a day, by personnel capable of processing calls to initiate immediate corrective action.

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(i)

A BESP shall keep on file with the Commission its contingency plan and include in its
contingency plan designated phone numbers of the LECs, CLECs, resellers, wireless carriers,
other telecommunications providers, PSAPs, and governing bodies to expedite the restoration of
service as described in rule 2143. These telephones shall be staffed seven days a week, 24
hours a day, by personnel capable of processing calls to initiate immediate corrective action. It
shall be the responsibility of the individual LECs, resellers, wireless carriers, other
telecommunications providers, PSAPs, and governing bodies to convey this information, and any
updates or changes, to the Commission and to the BESP for inclusion in the contingency plan.

(j)

BESPs and ALI database providers may request access to line counts and wireless customer
counts by geographic area from the LECs, resellers, wireless carriers, and other
telecommunications providers who are, pursuant to the request of a governing body, providing 91-1 service. Such information allows a BESP and/or ALI database provider to properly bill its
appropriate 9-1-1 services to the governing bodies; however, line counts shall be treated as
confidential and not improperly disclosed by the BESP or ALI database provider to any person or
entity other than the PSAPs for exclusive use in billing purposes. The BESP or ALI Database
Provider shall gain agreement from the PSAPs that, as a condition of receiving this information,
the PSAPs shall not disclose confidential access line and wireless customer counts, nor use this
information for any purpose other than to verify BESP or ALI database provider billing to the
PSAP or to verify the accuracy of the emergency telephone charge billing by the carriers to their
end users.

2137.

Obligations of ALI Database Providers.

(a)

The ALI database provider shall provide sufficient facilities to interconnect its database to the
PSAPs to meet the requirements of the PSAPs or the governing body.

(b)

If the ALI database provider is not the BESP, it shall provide to BESPs, for the geographic areas
served, all information required by the BESPs to ensure that calls are routed from the end users
to the correct PSAP.

(c)

No BESP, LEC, wireless carrier, or other telecommunications provider shall interconnect with an
ALI database provider unless the ALI database provider provides sufficient facilities to
interconnect its database to the PSAPs so that it can meet the requirements of the governing
body or PSAP and comply with paragraphs 2137(a) and (b) and the relevant provisions of rule
2141 of these rules.

(d)

If the ALI database provider is also a BESP, basic local exchange carrier, wireless carrier, or
other telecommunications provider, the ALI database provider shall interconnect in the manner
prescribed for BESPs in paragraph 2136(b).

2138.

Obligations of Basic Local Exchange Carriers.

(a)

All basic local exchange carriers in a geographic area for which a governing body has requested
the provision of 9-1-1 service shall deliver 9-1-1 calls, at an agreed point of interconnection within
that geographic area, to a certificated BESP at rates in an approved tariff applicable to BESPs. If
the BESP and the basic local exchange carrier or reseller agree, direct trunks, tandem switched
trunks, common or joint circuits may be used to transport calls from the basic local exchange
carrier or reseller to the PSAP.

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(b)

All basic local exchange carriers shall furnish name, address and telephone number information
for all customers of the basic local exchange carrier, including non-published or non-listed
customers, to the ALI database providers for the provision of 9-1-1 services and emergency
notification services. All basic local exchange carriers shall furnish such information within 24
hours and in accordance with rule 2144 only after each recipient has stated formally in writing that
the recipient has complied with rule 2142 of these rules. All costs for providing this customer
information and updates to this information shall be considered as part of basic local exchange
service and shall be recovered through the non-recurring basic local exchange rates, unless
provided for in a separate tariff approved by the Commission.

(c)

All local exchange carriers and resellers of local exchange services shall collect and remit the
emergency telephone charge as required by 29-11-100.5, C.R.S., et seq., to the appropriate
governing body.

(d)

The basic local exchange carrier shall ensure that all E9-1-1 facilities and interconnections
between it and a BESP are engineered, installed, maintained and monitored to provide a
minimum of two circuits and a grade of service that has one percent (P.01) or less blocking.

(e)

To expedite the restoration of service following 9-1-1 failures or outages, each basic local
exchange carrier shall designate a telephone number that PSAPs or BESPs can use to report
trouble. Such telephone number shall be staffed seven days a week, 24 hours a day by personnel
capable of processing the call to initiate immediate corrective action.

(f)

On a quarterly basis and no later than 30 days after the end of each quarter, each LEC shall
report, to the BESP, the local exchange access line quantities by geographical area, in the
manner specified by the BESP, so that the BESP may compute the monthly billing to each
governing body for the tariff services provided by the BESP.

(g)

All basic local exchange carriers shall give formal written notice of intent to provide dial tone
within an exchange to the governing body responsible for the PSAP within that exchange prior to
activating service. This notice is for purposes of the governing body arranging the appropriate
connections to a BESP, exchange of seven days per week, 24 hours per day telephone contact
information, and arrangements for the collection and remittance of the 9-1-1 emergency
telephone charge.

(h)

Interconnections with payphone providers.

(I)

(II)

A basic local exchange carrier shall not interconnect with a payphone provider unless
that provider:
(A)

Allows customers to place a 9-1-1 call without requiring a coin deposit or other
charges; and

(B)

Furnishes the ALI database provider(s), the LEC that provides the dial tone
connection, the PSAP, the governing body, and the BESP, the Commissionrequired name and location information.

The prohibition in this paragraph (g) shall not apply to payphones provided to inmates in
penal institutions where access to 9-1-1 is not required.

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2139.

Obligations of Resellers Of Basic Local Exchange Service.

(a)

All resellers of basic local exchange service shall ensure that the underlying basic local exchange
carrier has sufficient facilities to transport the 9-1-1 calls from the reseller's customers to a BESP.

(b)

If the reseller is using a switch, for example a PBX, to aggregate or switch calls before the calls
are in the facilities of a basic local exchange carrier, the reseller shall ensure that its switch is
capable of delivering ANI for each telephone extension connected to the switch.

(c)

On a quarterly basis, and no later than 30 days after the end of each quarter, each reseller shall
report to the BESP the local exchange access line quantities by geographical area in the manner
specified by the BESP so that the BESP may compute the monthly billing to each governing body
for the tariff services provided by the BESP.

2140.

Obligations of Wireless Providers.

All wireless providers interconnecting to the facilities of the BESP for the provision of Enhanced 9-1-1
services shall on a quarterly basis, 30 days after the end of each quarter, provide a report to the BESP
the wireless communications quantities by geographical area in the manner specified by the BESP so
that the BESP may compute the monthly billing to each governing body for the tariff services provided by
the BESP.
2141.

Obligations of Multi-line Telephone Systems (MLTS).

(a)

For purposes of this rule:

(b)

(I)

"End user" means the person making telephone calls, including 9-1-1 calls, from the
MLTS that provides telephone service to the persons place of employment, school, or to
the persons permanent or temporary residence.

(II)

"Residence" or "residence facility" shall be interpreted broadly to mean single family and
multi-family facilities including apartments, townhouses, condominiums, dormitories,
hotels, motels, resorts, extended care facilities, or similar entities, facilities, or structures.

(III)

"Written information" means information provided by electronic mail, facsimile, letter,

memorandum, postcard, or other forms of printed communication.

When the method of dialing a local call from an MLTS telephone requires the end user to dial an
additional number to access the public switched network, MLTS operators shall provide written
information to each of their end users describing the proper method of accessing emergency
telephone service (ETS), or 9-1-1, in an emergency.
(I)

Such written information shall be provided to each end user by placing stickers or cards
including the appropriate method to access ETS on each MLTS telephone. Additionally,
such written information shall be provided to each individual end user annually and at the
time of hiring in the case of an employer, at the time of registration in the case of a
school, and at the time of occupancy in the case of a residence facility.

(II)

At a minimum, such written information that is attached to the telephone and provided
annually, shall include the following words: "To dial 9-1-1 in an emergency, you must dial
#-9-1-1." [# = Insert proper dialing sequence].

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(c)

When calls to access ETS from an MLTS do not give one distinctive ANI and one distinctive ALI,
or both, for each end user, the MLTS operator shall instruct, in writing, that the end user must
stay on the telephone and tell the ETS operator the telephone number and exact location.
(I)

Such written information shall be provided to each individual end user annually and at the
time of hiring in the case of an employer, at the time of registration in the case of a
school, and at the time of occupancy in the case of a residence facility. Whenever
possible, such information also shall be placed on cards or stickers on or next to the
MLTS telephone.

(II)

At a minimum, such written information shall include the following words: "When calling 91-1 from this telephone in an emergency, you must stay on the telephone and tell the 9-11 operator your phone number and exact location. This telephone does not automatically
give the 9-1-1 operator your phone number and exact location. This information is critical
for a quick response by police, fire, or ambulance."

(III)

If an MLTS operator provides telephones that are not assigned to a particular end user,
but that may be used by members of the public, the MLTS operator shall place a sticker
or card on or next to the pertinent telephone either identifying the method for dialing 9-1-1
from that telephone or stating there is no 9-1-1 access from that telephone.

(d)

Exemption from rules. The disclosure requirements of this rule shall not apply to MLTS provided
to inmates in penal institutions, jails, or correctional facilities, to residents of mental health
facilities, or to residents of privately contracted community correctional facilities, including
substance abuse and mental health treatment facilities, or other such facilities where access to
ETS is not required.

2142.

Nondisclosure of Name/Number/Address Information.

(a)

ALI database providers, governing bodies and PSAPs shall sign non-disclosure agreements
consistent with this rule. If an ALI database provider, governing body or PSAP does not execute a
non-disclosure agreement, LECs, wireless carriers, other telecommunications providers, and
BESPs shall not be required to provide telephone numbers, including non-published and nonlisted telephone numbers.

(b)

Pursuant to rules 1103, 1104, and 2360 through 2399, no basic local exchange carrier shall
disclose personal information of any person to any BESP, ALI database provider, governing
body, or PSAP unless each potential recipient of personal information has stated formally in
writing to the basic local exchange carrier or reseller of basic local exchange service that it has
agreed to non-disclosure of personal information consistent with this rule.

(c)

ALI database information shall not be used for purposes other than for responding to requests for
9-1-1 emergency assistance, initiating delivery of emergency warnings using an emergency
notification service, or periodic testing of these services. For example, the ALI database includes
listed as well as non-listed and non-published telephone numbers. Use of the ALI database to
obtain non-listed or non-published numbers for purposes other than responding to requests for 91-1 emergency assistance or emergency notification service is prohibited. However, a query, or
reverse search of the ALI database, initiated at the PSAP to electronically obtain the ALI data
associated with a known telephone for purposes of handling an 9-1-1 emergency call is
permitted.

(d)

If personal information is improperly disclosed by the BESP, the provider responsible for
disclosing it shall pay the applicable tariff rates of the basic local exchange carrier, wireless
carrier, reseller, or other telecommunications provider for changing a customer's telephone
number, unless the customer declines such number change.

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2143.

Diverse Routing and Priority Service Restoration.

(a)

Facilities for 9-1-1 service shall be diversely routed, using different circuit routes wherever
feasible. When the governing body requests diverse routing, the BESP shall develop cost-based
tariff rates for diverse routing of 9-1-1 circuits. Basic local exchange carriers shall ensure that
current 9-1-1 circuit routing profiles are maintained and that circuits are individually tagged where
possible to prevent inadvertent disruption. Upon request by the governing body for priority service
restoration, basic local exchange carriers and BESP shall develop and implement cost-based
tariff rates for priority service restoration of 9-1-1 services.

(b)

BESPs, wireless carriers, basic local exchange carriers, and other telecommunications providers
shall work cooperatively with the PSAPs to ensure an effective way of tracking the report of a 9-11 failure or outage (e.g., issuance of a trouble ticket number in order to track such a failure or
outage).

(c)

A BESP shall notify a person, agency, or responsible party designated by the governing body
regarding a present or potential 9-1-1 failure or outage. A BESP shall notify the designee of the
governing body immediately of the nature, extent, and actions being taken to correct the present
or potential 9-1-1 failure or outage to the extent known by the BESP. In the event the PSAP
detects a failure in the 9-1-1 system, the PSAP shall immediately notify the BESP in that
geographic area of the failure.

(d)

9-1-1 contingency plans.

(e)

(I)

Basic local exchange carriers, wireless carriers, other telecommunications providers, and
BESPs, in cooperation with the governing bodies, shall develop 9-1-1 contingency plans.
The plan shall detail the actions to be taken in the event of a 9-1-1 failure or outage. A
BESP shall maintain a copy of each of these plans. BESPs are required to provide a
copy of the plan to the Commission by April 30 each year. The basic local exchange
carriers and BESP shall notify the PSAPs of any changes in the network which may
require a change to the previously agreed upon 9-1-1 contingency plan. Nothing in this
rule shall preclude the BESP or the basic local exchange carrier from developing and
seeking rate recovery for permanent equipment or alternate route solutions to mitigate 91-1 failures or outages.

(II)

A 9-1-1 contingency plan shall:

(A)

Include the designated telephone number of the LEC, CLEC, reseller, wireless
carrier, other telecommunications provider, PSAP, or governing body, as
required in rule 2136(h);

(B)

Arrange to temporarily re-route 9-1-1 calls to another PSAP;

(C)

Arrange, with the cooperation of the basic local exchange carrier, wireless
carrier, or other telecommunications provider to route 9-1-1 calls to a local
telephone number; or

(D)

Provide another mutually agreed upon temporary solution so that 9-1-1 calls can
be answered until 9-1-1 service is restored.

If a 9-1-1 failure or outage exceeds or is anticipated to exceed 15 minutes from the time a BESP
becomes aware of the outage and after notification to the PSAP, the BESP shall implement the
contingency plan of rule 2143(d) and shall perform the following actions, if applicable:
(I)

Arrange to temporarily re-route 9-1-1 calls to another PSAP;

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(II)

Arrange, with the cooperation of the basic local exchange carrier, to route 9-1-1 calls to a
local telephone number;

(III)

Use facilities obtained for alternative routing of E9-1-1 calls for temporary use during
service interruptions, such as private network facilities and governmental facilities; or

(IV)

Provide other mutually agreed upon temporary solutions so that 9-1-1 calls can be
answered until 9-1-1 service is restored.

(f)

In the event that the anticipated failure in the provision of 9-1-1 service is in the facilities of the
basic local exchange carrier, wireless carrier, or other telecommunications provider, such
provider shall notify the BESP that is responsible for delivering 9-1-1 calls to the PSAP for its
customers. In the event that the anticipated failure in the provision of 9-1-1 Service is in the
facilities of the BESP, it shall be responsible for notification of all basic local exchange carriers,
wireless carriers, other telecommunications providers, and PSAPs that will be affected by the
failure.

(g)

A BESP and the basic local exchange carrier shall have qualified service technicians on site,
when necessary, within two hours or their best effort, after being notified by the PSAP of a failure
of the 9-1-1 system.

(h)

If a 9-1-1 failure or outage exceeds 30 minutes, the responsible BESP or the responsible basic
local exchange carrier shall verbally inform the Commission, in compliance with the policies
adopted by the Commission to implement this paragraph, within two hours outlining the nature
and extent of the outage, and shall file a written report with the Commission following
Commission reporting format and guidelines within 30 days of such outage. As an alternative to
the 30-day written report, the Director, or the Directors designee, may request, on a case-bycase basis, a separate written report within five days from the time of the request, outlining the
nature, cause, extent, and corrective action taken.

2144.

Reports.

(a)

Each BESP and basic local exchange carrier shall furnish to the Commission at such time and in
such form as the Commission may require, a report in which the provider shall specifically answer
all questions propounded regarding the implementation, usage, availability, 9-1-1 failures or
outages, cost of providing, and such other information relevant to the provision of this service.
These reports shall be provided at regular intervals, to be determined by the Commission, and on
a form approved by the Commission.

(b)

Periodic or special reports concerning any matter about which the Commission is concerned
relative to the provision of 9-1-1 services, such as the failure or outages of 9-1-1 services, shall
be provided in a manner determined by the Commission, and on a form approved by the
Commission.

(c)

Each basic local exchange service carrier and BESP shall report to the Commission its progress
in the implementation of basic emergency service in each local exchange area of the state. Such
report shall be filed with its Annual Report.

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52

2145.

9-1-1 Advisory Task Force.

(a)

The Commission shall establish a 9-1-1 Advisory Task Force. The purpose of the Advisory Task
Force is to provide oversight of the statewide implementation of basic emergency service. The
Advisory Task Force shall include, but is not limited to, the following representative parties
directly interested in 9-1-1 services: customer groups, governing bodies, basic local exchange
service providers, wireless service providers, providers of basic emergency services, customers
of basic emergency service, ALI database providers, and other telecommunications providers.
The Commission Staff shall be responsible for administering the Advisory Task Force and
facilitating its meetings and agenda. The Advisory Task Force shall evaluate alternate
technologies, service, and pricing issues related to implementing statewide 9-1-1 services in a
cost effective fashion. The Commission Staff shall provide periodic reports to the Commission on
the implementation of 9-1-1 services statewide.

(b)

The Advisory Task Force shall:

2146.

(I)

Make future recommendations and report to the Commission concerning, but not limited
to the development of database formatting standards, processes to facilitate the transfer
of ALI data, and the implementation of 9-1-1 services in Colorado;

(II)

Consider 9-1-1 service quality and the cost of 9-1-1 service to the PSAPs, both urban
and rural, and to end-use customers of 9-1-1 service in developing its report and
recommendations;

(III)

Investigate and report to the Commission the impact of wireless carriers on PSAPs;

(IV)

Investigate and report to the Commission the development of new 9-1-1 technologies;

(V)

Study and report to the Commission on the overall costing, funding and billing issues of
providing 9-1-1 service, including the 9-1-1 surcharge, tariffs, and PSAP equipment
costs; and

(VI)

Monitor and report to the Commission on FCC proceedings that may affect 9-1-1 services
in Colorado.

National Emergency Number Association (NENA) Data Standards.

The NENA standards incorporated by reference as identified in rule 2008 shall be used for the purpose of
defining standard formats for ALI data exchange between basic local exchange carriers, ALI database
providers, governing bodies, and BESPs.
2147.

Applications by the Governing Body for Approval of a 9-1-1 Charge in Excess of Seventy
Cents per Month.

(a)

A governing body requesting approval pursuant to 29-11-102(2)(b), C.R.S., for a charge in

excess of seventy cents per month shall file an application with this Commission pursuant to 4
CCR 723-2-2002. Included in the application shall be supporting attachments or exhibits of
budget information, cost information and such other information the Commission may rely upon
for justification of the proposed increase in surcharge. The attached information should include
present and proposed surcharge remittance estimates, all other revenue sources and amounts,
and any other information such as audit reports that may be used to justify the proposed increase
in the 9-1-1 charge above $0.70 per month.

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(b)

Notice. The governing body filing an application for approval of a 9-1-1 charge in excess of $0.70
per month shall:
(I)

Within three days after filing the application, publish one notice of the application in at
least one newspaper of general circulation in the area of applicability for at least two
weeks.

(II)

Ensure that newspaper notice contains:

(A)

The name, address and telephone number of the requesting governing body and
the Colorado Public Utilities Commission;

B)

A statement that the governing body has filed with the Colorado Public Utilities
Commission an application to change its currently effective surcharge to a
charge in excess of $0.70 per month;

(C)

The date the application was filed with the Commission and the assigned docket
number;

(D)

The proposed effective date of the new charge;

(E)

A statement of the purpose of the application, including an explanation of the

proposed changes;

(F)

A statement that the application is available for inspection at the office of the
governing body utility and at the Colorado Public Utilities Commission;

(G)

A statement that any person may file with the Commission a written objection to
the application, or an intervention to participate as a party, and an explanation
that a mere objection without an intervention shall not be adequate to permit
participation as a party;

(H)

A statement that any person filing a written objection within 60 days of the date
the application was filed or a person may file an intervention within 30 days of the
date the application was filed; and

(I)

A statement that any person may attend the hearing, if any, and may make a
statement under oath about the application, even if such person has not filed a
written objection or intervention.

(c)

All persons other than the Commission who are required to provide notice shall, within 15 days of
providing notice, file an affidavit with the Commission stating the date notice was completed, and
the method used to provide it. This affidavit shall be accompanied by a copy of the notice or
notices provided.

2148.

ALI Service.

If any person provides an ALI service to a PSAP or governing body as a separate service or in
combination with other components or functionalities of a 9-1-1 service, or if any BESP transitions to or
uses an ALI database system or ALI service, including self-provisioning, different from any ALI database
system or ALI service used by the BESP in the providing of 9-1-1 services to any PSAP or governing
body as of June 1, 2014, then that person or BESP must file an application for and obtain prior
authorization from the Commission. The authorization may be subject to terms and conditions as the
Commission may prescribe to promote the public interest and will be based upon the following criteria:

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54

(a)

accuracy of the ALI database during the provisioning of the ALI service;

(b)

reliability of the ALI service, including, without limitation, compliance with the obligations placed
upon BESPs in rule 2143;

(c)

non-discriminatory, statewide averaged, and affordable pricing of 9-1-1 services;

(d)

processes and mechanisms required by service providers for the furnishing and management of
the names, addresses, telephone numbers, and other necessary information for all customers for
the ALI database;

(e)

adequacy of information exchanged with the PSAP or governing body;

(f)

adequacy of information exchanged and sufficient testing with other service providers to ensure
the accuracy and reliability of the ALI service;

(g)

adequacy of the testing of the ALI service, including testing of the delivery of ALI service to each
subscribing PSAP; and

(h)

any other matter affecting public safety, reliability, pricing, and the public interest.

Commission authorization under this rule is not required for a BESP to continue providing a PSAP or
governing body the same ALI service, database, database management service, connectivity, and
functionality, and using the same subcontractors as part of an integrated E9-1-1 service as of June 1,
2014, or for the updating of the ALI database in the normal course of business.
2149. 2159.

[Reserved].

Operator Services
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to identify and describe operator services that are subject to
Commission regulation; to distinguish operator services subject to the Commissions jurisdiction from
those not subject to the Commission's jurisdiction; to prescribe the regulatory treatment of jurisdictional
services; and to identify alternative forms of regulatory treatment for such services and providers when
appropriate.
The statutory authority for the promulgation of these rules is found at 40-3-101; 40-15-112; 40-15-113;
40-15-201; 40-15-301(1) and (2)(g); 40-15-302(1)(a) and (5); 40-15-305; and 40-2-108, C.R.S.
2160.

Applicability.

Rules 2160 through 2179 apply to all providers of telecommunications service that are regulated under
Title 40, Article 15, Parts 2 and 3, C.R.S. Any provider of local exchange services that also provides nonoptional operator services by contracting with a regulated interexchange carrier, that concurs in the tariff
rates, charges, terms, and conditions of that carrier, and that notifies the Commission of that concurrence,
shall be exempt from these rules.

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2161.

Definitions.

In addition to the statutory definitions, the following definitions apply only in the context of rules 2160
through 2179:
(a)

"Access code" means a sequence of numbers that, when dialed, connects the caller to the
provider of operator services associated with that sequence.

(b)

"Aggregator" means any person that, in the ordinary course of operations, makes telephones
available to the public or to transient users of its premises for telephone calls using a provider of
operator services.

(c)

"Billed party" means the person who is billed or charged by a provider for a call, regardless of
whether such person is the calling party or the called party.

(d)

"Call splashing" means the transfer of a telephone call from one provider of operator services to
another provider of operator services in such a manner that the subsequent provider is unable or
unwilling to determine the location of the origination of the call and, because of such inability or
unwillingness, is prevented from billing the call on the basis of such location.

(e)

"Called party" means the person receiving a call.

(f)

"Calling card" means a card issued by an operator service provider that allows a customer to
place calls using that card. A calling card may be used on either the card-issuer's network or
billing system or on the network or billing system of another operator service provider.

(g)

"Calling-card call" means a non-optional operator service where a call is placed using a calling
card. The call accesses the public switched network by dialing an 800/888, 950, 10XXX,
1010XXX, or another form of access dialing arrangement.

(h)

"Calling party" means the person initiating a call.

(i)

"Collect call" means a non-optional operator service call in which:

(I)

The called party may accept the charges for the call;

(II)

The called party is permitted to inquire as to the rates, charges, terms, and conditions
prior to accepting the charges for the call;

(III)

No charge is levied against either the calling or called party if the called party refuses the
charges;

(IV)

The provider need not complete the call if the called party refuses to accept the charges;
and

(V)

The called party is responsible for payment of the charges if the called party affirmatively
accepts the charges for the call.

(j)

"Credit-card call" means any call that is billed to a credit card and that accesses the public
switched network by dialing an 800/888, 950, 10XXX, 1010XXX, or another form of access dialing
arrangement.

(k)

"Customer" means a person paying for, initiating, or receiving any intrastate telephone call.

Code of Colorado Regulations

56

(l)

"Debit-card call" means a call paid for by the use of a debit card issued to a customer after the
customer establishes an account and places a deposit in that account or purchases a card with a
predetermined balance. A debit card call is usually completed when the customer dials an access
number or code, a personal account identification number (PIN), and the desired destination
telephone number. The charge for the call is deducted in real time. A positive account balance
may be maintained through additional payments to the account or may be exhausted after the
prearranged balance has been fully consumed.

(m)

"Direct dialing" means placing a telephone call using station equipment without the assistance or
intervention of an operator, live or otherwise. Direct-dialed calls are often termed "dial station-tostation calls".

(n)

"Foreign language translation" means an optional operator service used for the translation of one
language to another, whether provided by a live operator, or otherwise.

(o)

"Operator service provider" means a person that sells operator services without regard to the
means of service provision. An operator service provider may sell all operator services as defined
herein.

(p)

"Payphone" means a telephone installed for public or semipublic use that may accept coins,
credit cards, or similar methods of payment. "Payphone" includes, without limitation, both coinoperated and coinless telephones.

(q)

"Person-to-person call" means a call, completed with the use of an operator, live or otherwise,
where the calling party requests to speak with a specific individual at a specified number. If the
called party is unable or unwilling to accept the call, no charges are incurred.

(r)

"Presubscribed provider of operator services" means the provider of operator services to which
the call is automatically connected when a customer places a call requiring the service of an
operator, live or otherwise, without dialing an access code.

(s)

"Travel card service" means a method of placing a call using a interexchange service provider
that issues the account rather than using the operator service provider at the originating location.
The call is usually completed when the customer dials an access number or code, a PIN, and the
desired destination telephone number. The customer must have a prearranged account with the
service provider. Standard telephone calling cards and commercial credit cards that may be
accepted and billed by providers other than the desired interexchange service provider do not
qualify as travel cards. Travel cards are also referred to as proprietary calling cards, as they can
be used only with the presubscribed provider of the operator service.

2162.

Non-optional Operator Services.

(a)

Non-optional operator services include, but are not limited to:

(I)

Calls placed from payphones that require operator intervention, live or otherwise;

(II)

Calls placed from a telephone that does not allow for direct dialing and that requires
operator intervention, live or otherwise, to complete what would otherwise have been a
direct-dialed call;

(III)

Calls placed by individuals who identify themselves as disabled to the extent that they are
functionally unable to complete a call (for example, unable to use rotary dial or touch-tone
pad) without operator assistance. These calls include those made with
telecommunications devices for the deaf;

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57

(b)

(IV)

Operator-assisted call reconnection for disconnection or poor transmission, and operatorhandled credit requests.

(V)

Emergency services, including calls made to operators by customers seeking emergency

assistance from authorized emergency agencies;

(VI)

Credit-card calls;

(VII)

Collect local or long distance calls;

(VIII)

Local or long distance third-party billed calls;

(IX)

Person-to person calls; and

(X)

Operator services provided to customers where the use of an operator is required in

order to obtain a particular service or in order to complete a call.

The Commission regulates non-optional operator services provided by or through:

(I)

Hotels, motels, or other lodging-type entities that resell intrastate toll and wide area
telephone services (WATS) to their lodging patrons;

(II)

Any entities that resell long distance telephone services to the general public by using the
tariff services and facilities of regulated providers; and

(III)

Any customer-owned or leased payphone terminal equipment providers that resell local
exchange and toll service by using the tariff services and facilities of regulated providers.

2163.

Optional Operator Services.

(a)

Optional operator services, which are not regulated by the Commission, include, but are not
limited to:
(I)

Services provided by an operator, live or otherwise, for foreign language translation;

(II)

Services provided by an operator, live or otherwise, to connect customers for the purpose
of an audio conference or videoconference;

(III)

Services provided by an operator, live or otherwise, for voice messaging;

(IV)

Services provided by an operator, live or otherwise, for electronic mail placement or

retrieval;

(V)

Debit card calls;

(VI)

Travel-card services;

(VII)

Directory assistance; and

(VIII)

Calls made by inmates at penal institutions or other correctional facilities who are not
permitted to use coins when placing calls at coin operated or coinless telephones or who
are required to use an operator's services to complete a call because of the rules or
regulations of said institutions or facilities.

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58

(b)

Persons or entities that provide non-optional operator services, which are incidental to the
primary business of providing optional operator services and are provided at no additional cost to
the customer, shall not be subject to the Commission's jurisdiction.

2164.

Regulation of Non-optional Operator Services.

(a)

The Commission regulates non-optional operator services, the associated rates, and providers of
non-optional operator services.

(b)

Prior to providing service in Colorado, non-optional operator service providers shall file an
application for a LOR, shall receive authorization to provide service, and shall have an effective
tariff on file with the Commission.

(c)

The default form of regulation for non-optional operator service providers shall be as follows:
(I)

No specific customer notice of proposed rate changes is required, provided that the rates,
charges, terms and conditions are in compliance with the applicable Commissionapproved benchmark rates.

(II)

Providers may maintain their books of accounts according to generally accepted

accounting principles rather than in accordance with USOA.

(III)

The Commission's Cost Allocation Rules shall be waived for operator service providers
whose primary telecommunications business is the provision of operator services and/or
long distance services. However, the Commission retains authority to order providers of
non-optional operator services to submit accounting and cost allocation information as
deemed appropriate by the Commission.

(IV)

Rules 2463 and 2464 shall be waived if the providers rate proposal complies with the
Commission-approved benchmark rates. However, the Commission retains authority to
order providers to submit cost studies complying with these requirements.

(V)

All maximum rates, charges, terms, and conditions for non-optional operator services
shall be identified in tariffs on file with the Commission. Current rates for non-optional
operator services shall be identified in tariffs or price lists on file with the Commission
unless the Commission has deregulated a specific non-optional operator service. Rates,
charges, terms, and conditions for deregulated or optional operator services shall not be
included in tariffs or price lists.

(d)

A provider of non-optional operator services may seek an alternative form of regulation or

deregulation in accordance with rules 2205 and 2209.

(e)

Providers of non-optional operator services shall charge just, reasonable, and non-discriminatory
rates.

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(f)

No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

In the absence of a specific order by the Commission, rates for non-optional operator services
shall not exceed the benchmark maximum rates in the table below:
BENCHMARK MAXIMUM RATES FOR NON-OPTIONAL OPERATOR SERVICES
Operator Service
Rate
Message rate per call
$ .11
Measured rate per minute:
Day
$ .20
Evening/Night/Weekend
$ .11
Calling Card Station Rates - Customer Dialed:
Automated (Mechanized)
$ .30
Operator-assisted
$ .58
Calling Card Station Rates - Operator Dialed
$1.13
Operator Assistance
$ .75
Operator Assisted:
Station-to-Station
$1.25
Collect
$1.85
Billed to Third-party
$1.51
Person-to-Person
$3.00
Busy Line:
Verification
$1.25
Interrupt
$2.00
[RESERVED FOR FUTURE USE]
Payphone Charge (facilities based providers only)
$ .55

(g)

A provider proposing rates above the benchmark rates established in this rule shall be required to
prove that such rates are just, reasonable, and non-discriminatory, and shall provide cost studies
as required by rules 2463, 2464 and 2465. The Commission may suspend and investigate the
proposed rates.

(h)

If the Commission approves a rate for a non-optional operator service that is above the applicable
benchmark rate, the Commission may, at its discretion, require the provider to:
(I)

Disclose to the customer the total charges for the call;

(II)

Disclose to the customer that such charges exceed the Commission-approved

benchmark rate;

(III)

Make such disclosures at no charge to the customer prior to connection; and

(IV)

Allow the customer to decline the charges and to disconnect before incurring any
charges.

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(i)

If the Commission finds, after notice and opportunity for hearing, that a non-optional operator
service provider has violated an order adopted pursuant to paragraph (h) of this rule, the
Commission, in addition to such other enforcement powers as may be authorized by statute, may
order regulated providers to block access to the non-optional operator services provider for all
intrastate operator-handled calls or order a local exchange provider to disconnect the nonoptional operator services providers service. A regulated telecommunications provider that
blocks the access of or disconnects the service of a non-optional operator services provider in
compliance with an order of the Commission and incurs attorney fees or costs to defend such
action shall be entitled to recover its costs and attorney fees in each such proceeding. At the end
of such proceeding the regulated provider shall provide an itemized list of these costs and
attorney fees to the Commission. The Commission shall enter an order requiring the non-optional
operator services provider whose services were blocked or disconnected to pay to the regulated
provider such reasonable amounts as the Commission may determine.

(j)

In the event the Commission increases a benchmark rate(s), or makes a change in any term or
condition, any provider whose current tariff and/or price list is in compliance with the change(s) on
the effective date of the revised benchmark rates will be allowed to have its tariff and price list
remain in effect without further filings or proceedings.

(k)

In the event the Commission decreases a benchmark rate, or makes a change in any term or
condition, and a provider seeks to maintain a rate above the benchmark rate, the provider shall
file an advice letter and/or transmittal letter with the Commission within ten days of the order
modifying the benchmark rate or change to the term condition unless otherwise directed by the
Commission. The advice letter or transmittal letter shall include the rate, term, or condition it
seeks to maintain in its tariff and/or price list. Concurrent with the filing of the advice letter and/or
transmittal letter, the provider shall submit cost studies complying with paragraph 2164(g) and
shall include sufficient information for the Commission to determine that the provider's proposed
rate, term, or condition is just, reasonable, and non-discriminatory. If the provider fails to meet this
filing requirement, all of the providers rates in excess of the new Commission-approved
benchmark rate shall be deemed invalid without further action by the Commission, and any
revenues collected pursuant to such excess rates shall be deemed illegally collected revenue.
Upon filing of proposed rates under this rule, if filed within ten days of the effective date of the
Commission order modifying the benchmark rate, term, or condition or as otherwise directed by
the Commission, the providers current rates will be allowed to remain in effect, subject to refund
pursuant to order of the Commission, until the Commission determines if the providers proposed
rate is just, reasonable, and non-discriminatory. All rates in excess of the benchmark rates that
have not been approved by the Commission are subject to refund pursuant to rule 2305.

(l)

Each non-optional operator service provider shall include in its tariff, the requirements of rule
2165.

2165.

Requirements for Non-Optional Operator Service Providers.

(a)

For purposes of subparagraphs (b)(I) through (IX), the customer is the person who will be billed
for the call.

(b)

Each provider of non-optional operator services shall:

(I)

Clearly identify itself to the customer at the beginning of each telephone call and before
the customer incurs any charges for the call.

(II)

Permit the customer to terminate the call at no charge before the call is connected.

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61

(III)

Immediately upon a customer's request and without charge to the customer, disclose:
(A)

The rate(s) for the customer's intended call;

(B)

The method by which such rate(s) will be billed; and

(C)

The process by which informal complaints concerning rates, charges, or billing

practices will be resolved.

(IV)

Not bill for unanswered telephone calls. If such billing occurs, the charges shall be
subject to refund.

(V)

Not engage in call splashing unless the customer requests to be transferred to another
provider. If a customer requests to be transferred, the provider shall, prior to transferring
the customer:
(A)

Inform the customer of any lawful charges;

(B)

Disclose that the charge to the customer from the subsequent provider may not
reflect the customers actual originating location; and

(C)

Receive the customers consent to transfer the call.

(VI)

Not bill for a call that does not reflect the location of the call origination except as
provided in subparagraph (V) of this paragraph. If the provider charges for a call that
does not reflect the location of the call origin, the charge shall be subject to refund.

(VII)

Require, by contract or tariff, that each aggregator for which the provider is the
presubscribed provider of non-optional operator services is in compliance with the
requirements of rules 2166 and 2167.

(VIII)

Withhold payment of any compensation the provider pays to an aggregator if the provider
reasonably believes that the aggregator is not in compliance with rule 2167.

(IX)

Not charge location or premises surcharges on behalf of a call aggregator.

(c)

Upon receipt of an emergency telephone call, a non-optional operator service provider shall
immediately connect the call to the appropriate emergency service provider and report the
location of the emergency, if known. If the location of the emergency is not known, the nonoptional operator service provider shall report the originating location of the call to the emergency
service provider.

(d)

Non-optional operator service providers, including those using automated equipment (e.g., storeand-forward equipment), shall provide the capability for the billed party to accept charges on
collect and third-number billed calls. The provider shall not bill a customer for collect or thirdnumber billed charges unless the customer has agreed to accept such charges. If the provider
bills for these services without acceptance of charges by the customer, the charges to the
customer shall be refunded.

(e)

In cases where the non-optional operator service is provided using automated equipment (e.g.,
store-and-forward equipment) and the provider is technologically incapable of complying with
subparagraphs (b)(I) through (III) concerning acceptance of collect or third-party billed calls, the
provider shall seek a variance until such compliance may be accomplished.

Code of Colorado Regulations

62

2166.

Arrangements with Call Aggregators.

(a)

Operator service providers shall require each call aggregator to display printed documentation
plainly on, or in close proximity to, all telephones available for customer use. Failure to provide
such documentation shall mean all charges collected by that aggregator may be refunded. The
documentation shall include, at a minimum:
(I)

The name, address, and toll free telephone number of the operator service provider(s);

(II)

A statement that the rates of the operator service provider shall be quoted upon request;

(III)

A written disclosure that informs customers that they have a right to obtain access to the
carrier of their choice, and that they may contact their preferred carrier for information on
accessing that carrier's service using that telephone; and

(IV)

Specific instructions to obtain rates or charges for operator-assisted local calls, including
any charges per minute and operator surcharges, if applicable.

(b)

Operator service providers shall require that aggregators ensure that no charge by the aggregator
to the customer for using an 800/888, 950, 10XXX, or 1010XXX access code is greater than the
amount the aggregator charges for calls placed using the presubscribed provider of operator
services. Charges in excess of the presubscribed rate shall be refunded to the customer.

2167.

Call Blocking Prohibited.

(a)

Call blocking occurs when an end user is prevented from accessing the preferred
operator service provider through the access codes 800/888, 950, 10XXX, or 1010XXX.

(b)

Non-optional operator service providers, call aggregators, and owners of payphones shall
not require or participate in the call blocking of any customer's access to the customer's
non-optional operator service provider of choice. Violation of this requirement:

(I)

May result in a refund of all charges collected;

(II)

Is sufficient grounds for revocation of any authority that was granted by the Commission;
and

(III)

May subject the persons engaging in such activity to penalty under 40-7-105, C.R.S.

(c)

Applicable contracts or tariffs shall be modified so as to effectuate the provisions of subparagraph

(b)(I).

2168.

Access Codes of Non-Optional Operator Service Providers.

(a)

All providers of non-optional operator services, as defined above, shall establish an 800/888, 950,
10XXX, or 1010XXX access code.

2169.

Access from Registered Equipment - Access to Common Carriers.

(a)

Aggregators who provide payphones shall unblock 10XXX and 1010XXX access.

Code of Colorado Regulations

63

[Note. rule 2170. content moved to rule 2211.]

2170. 2179.

[Reserved].

Designation of Providers of Last Resort and Eligible Telecommunications Carriers

The basis and purpose of these rules is to: establish regulations concerning the designation of providers
of last resort (POLRs); establish the obligations that attach to such designation; establish procedures for
changing or relinquishing such designation; establish regulations concerning the designation or
termination of eligible telecommunications carriers (ETCs); and establish regulations concerning the
termination of eligible providers (EPs).
The statutory authority for the promulgation of these rules is found at 40-15-201, 40-15-301, 40-15502(5) and (6), and 40-2-108, C.R.S. These rules are consistent with 47 U.S.C. 254 and 47 C.F.R., Part
54.
2180.

Applicability.

Rules 2180 through 2199 are applicable to all providers:

(a)

Designated as a POLR or as an ETC;

(b)

Seeking to be designated as a POLR or ETC; or

(c)

Seeking to remove a designation as a POLR or as an ETC or EP.

2181.

Definitions.

The following definitions apply only in the context of rules 2180 through 2199.
(a)

"Geographic area" means a Commission defined geographic unit usually the same as or smaller
than an existing provider's serving area.

(b)

"Service area" means a geographic area established by the Commission for the purpose of
determining federal universal service obligations and support mechanisms.

2182.

(I)

A service area defines the overall area for which the carrier shall receive support from
federal universal service support mechanisms. In the case of a service area served by a
rural telephone company, "service area" means such company's "study area", as defined
in 47 C.F.R., Part 36, unless and until the FCC and the Commission, after taking into
account recommendations of a Federal-State Joint Board instituted under section 410(c)
of the Telecommunications Act of 1934, establish a different definition of service area for
such company.

(II)

If the Commission proposes to define a service area served by a rural telephone

company to be other than such company's study area, the FCC will consider that
proposed definition in accordance with the procedures set forth in 47 C.F.R. 54.207(c).

Incorporation by Reference.

References in rules 2180 through 2199 to Parts 36 and 54 are references to rules issued by the FCC and
have been incorporated by reference as identified in rule 2008.

Code of Colorado Regulations

64

2183.

Designation of Providers of Last Resort.

(a)

A provider who held a CPCN to offer basic local exchange service in a geographic area on or
before July 1, 1996, shall be considered a POLR in those geographic areas.

(b)

Upon application by a provider, the Commission:

(I)

May, in the case of an area served by a rural telecommunications provider, permit more
than one POLR in a geographic area; and

(II)

Shall, in the case of all other areas, permit more than one POLR in a geographic area.

(c)

The Commission shall, upon request by a person within an unserved geographic area, or upon its
own motion, designate a POLR for that unserved geographic area, based upon a determination of
the provider best able to provide basic local exchange service to the area.

2184.

Application for Designation as an Additional Provider of Last Resort.

(a)

A provider seeking designation as an additional POLR shall file an application with the
Commission requesting designation as such for a specific geographic area.

(b)

Contents. The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified attached exhibits:
(I)

The information required by paragraph 2002(b).

(II)

The decision number(s) of the Commission authorizing the applicant to provide basic
local exchange service.

(III)

A description of the geographic area for which applicant seeks designation as a POLR. If
a designation for a specific geographic area, rather than a statewide designation, is
sought, the application shall include a description of such geographic area by metes and
bounds and a map displaying the service area.

(IV)

An affirmative statement that the applicant will accept the responsibilities identified in rule
2185.

(V)

The facts (not in the form of conclusory statements) relied upon by the applicant to
demonstrate that it has the managerial, financial, and technical ability to provide basic
local exchange service throughout that relevant geographic area notwithstanding whether
there are other providers in that area.

(VI)

The facts (not in the form of conclusory statements) relied upon by the applicant to
establish that the POLR designation for that geographic area serves the public interest by
demonstrating that such designation is consistent with the legislative statements of intent
in 40-15-101, 40-15-501, and 40-15-502(7), C.R.S.

(VII)

A statement that the applicant understands that the filing of the application does not
constitute, by itself, designation as a POLR.

(VIII)

A statement that, if a designation is granted, applicant understands that such designation

is conditional upon compliance with applicable Commission rules and any conditions
established by Commission order.

Code of Colorado Regulations

65

2185.

Obligations of Providers of Last Resort.

(a)

A POLR shall offer basic local exchange service to every customer who requests such service
within a designated geographic area, regardless of the availability of facilities, unless said
customer has an outstanding balance owing to the POLR and no agreement for repayment has
been established;

(b)

A POLR shall be subject to the evolving definition of basic service developed by the Commission
pursuant to 40-15-502(2); and

(c)

A POLR shall advertise the availability of such service and charges using media of general
distribution. At a minimum, a POLR shall have customer guide pages in the "White Pages"
directory within the POLRs geographic area. Such customer guide pages shall indicate that the
provider will offer basic local exchange service to all who request such service within that area.

2186.

Relinquishment of Designation as a Provider of Last Resort.

(a)

Providers seeking to relinquish designation as a POLR in geographic areas in which there are
multiple POLRs or in an area designated as an ECA, shall file an application with the
Commission, at least 45 days before the effective date of the proposed relinquishment.

(b)

Contents. The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified attached exhibits:
(I)

The information required by paragraph 2002(b).

(II)

A detailed explanation of the proposed relinquishment.

(III)

An explanation as to how the customers currently served by the applicant will continue to
be served.

(IV)

A plan for transition of customers to another provider, if the POLR proposes to

discontinue the provision of basic local exchange service. Except in an ECA, the
transition plan shall include sufficient notice to permit the purchase or construction of
adequate facilities by a remaining POLR or other provider.

(c)

If the POLR proposes to discontinue the provision of basic local exchange service, the
Commission, except in an ECA shall establish a time, not to exceed one year after the approval
of the discontinuance, within which such purchase or construction of adequate facilities by a
remaining POLR or other provider shall be completed.

(d)

During the transition period, the POLR shall ensure that customers do not experience a break in
service as a result of the POLR discontinuing service.

(e)

Notice to customers. In addition to filing an application with the Commission, the POLR shall
prepare a written notice regarding the proposed relinquishment and shall mail or hand-deliver the
notice at least 30 days before the effective date to all currently served customers or subscribers,
including all interconnecting telecommunications providers. The POLR shall separately provide
notice to all potentially affected customers through publication for four consecutive weeks in a
publication or publications that are distributed in the affected certificated area. A notice shall be
mailed to the Board of County Commissioners of each affected county, and to the Mayor of each
affected city, town or municipality.

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66

(I)

(II)

In addition to the requirements of paragraph 2002(d), the notice shall:

(A)

State that any affected person may obtain lists of alternative telecommunications
providers from the Commission;

(B)

Explain that basic local telephone service will continue to be available regardless
of the outcome of the Commission's determination on the application; and that if
the Commission grants the application, another carrier will be available to offer
service;

(C)

Be signed by an authorized officer of the provider or its representative; and

(D)

Include said officer or representative's title and address.

Proof of notice. At least 15 days before the date of the proposed relinquishment, the
POLR shall file with the Commission a written affidavit stating its compliance with this
paragraph. The affidavit shall state the date notice was completed and the method used
to give notice. A copy of the notice shall accompany the affidavit.

(f)

No hearing needs to be held if no objection, protest, or intervention is filed. If a hearing is to be

held on an application, the Commission shall endeavor, within its operating constraints, to hold
the hearing, or a portion thereof, at a location within the local calling area of the affected
community.

(g)

No proposed relinquishment shall be effective until the Commission issues an order approving it.

2187.

Eligible Telecommunications Carrier Designation.

(a)

The Commission shall, upon application, designate a common carrier that meets the
requirements of 47 C.F.R. 54.201(d) and 54.202 and paragraph 2187(b) as an ETC for a
service area designated by the Commission.

(b)

Upon request and consistent with the public interest, convenience, and necessity, the
Commission may, in the case of an area served by a rural telecommunications provider, and
shall, in the case of all other areas, designate more than one common carrier as an ETC for a
service area designated by the Commission, so long as each additional requesting carrier meets
the requirements of 47 C.F.R. 54.201(d) and 54.202. Before designating an additional ETC
for an area served by a rural telecommunications provider, the Commission shall find that the
designation is in the public interest.

(c)

Pursuant to Subpart E of 47 C.F.R., Part 54, as of January 1, 1998 all ETCs shall make available
Lifeline service, as defined in 54.401, to qualifying low-income customers.

(d)

Contents. The application for designation as an ETC shall include, in the following order and
specifically identified, the following information, either in the application or in appropriately
identified attached exhibits:
(I)

The information required by paragraph 2002(b).

(II)

A statement identifying the decision(s) of the Commission and/or the FCC authorizing the
applicant to provide telecommunications service.

Code of Colorado Regulations

67

(III)

A description of the service area for which the applicant seeks designation as an ETC.
The application shall include either a description of such service area by metes and
bounds or the underlying carriers exchange area map displaying the applicants service
area.

(IV)

The facts (not in the form of conclusory statements) relied upon by the applicant to
demonstrate that it meets the requirements of 47 C.F.R. 54.201(d) and 54.202.

(V)

An affirmative statement that the applicant will offer the services that are supported by
the federal universal service support mechanisms under 47 U.S.C. 254(c).

(VI)

An affirmative statement that the applicant is a common carrier.

(VII)

An affirmative statement that the applicant (ETC) will advertise the availability of such
service and charges using media of general distribution pursuant to 47 U.S.C.
214(e)(1)(B) of the Communications Act of 1934 as amended by the Telecommunications
Act of 1996. To meet the requirements of 47 U.S.C. 214(e)(1)(B), the Commission
establishes as guidelines that an ETC shall advertise in media of general distribution and
shall place customer guide pages in the "White Pages" directory within the ETC's service
area. Such customer guide pages shall indicate that the ETC offers the supported
services identified by federal law within its ETC service area to all who request such
service within that area.

(VIII)

An affirmative statement that the applicant will make available Lifeline service, as defined
in 47 C.F.R. 54.401, to qualifying low-income customers.

(IX)

An affirmative statement that the applicant is in compliance with the Commissions rules.

(X)

A demonstration of the applicants ability to remain functional in emergency situations.

(XI)

A demonstration that the applicant will satisfy consumer protection and service quality
standards.

(XII)

An affirmative statement that the applicant will offer local usage plans comparable to
those offered by the incumbent local exchange carrier (LEC). A local usage plan offered
must include:

(XIII)

(A)

Unlimited calling or a plan with not less than 900 minutes of use per month;

(B)

A month-to-month term; and

(C)

A rate comparable to the underlying LECs basic residential local exchange rate.

A two-year build-out plan demonstrating how high-cost universal service support will be
used to improve the applicants coverage, service quality or capacity in every wire center
for which it seeks designation and expects to receive universal service support. If a wire
center is not part of the build-out plan and the applicant does not have existing facilities in
the service area, a detailed explanation of how the applicant will provide service to a
requesting customer in the service area for which it is seeking designation.

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(e)

State certification for federal support. As required by the FCC's universal service regulations
found at 47 C.F.R. 54.313 and 54.314, and when appropriate, the Commission shall file an
annual certification with the Administrator of the federal Universal Service Fund (USF) and the
FCC on behalf of each jurisdictional ETC serving access lines in the state, stating that all federal
high-cost support provided to such carriers within that state will be used only for the provision,
maintenance, and upgrading of facilities and services for which the support is intended. The
Commission may require a carrier to provide the information it finds necessary and convenient to
make such a certification. At a minimum, carriers shall furnish requested information on a form
supplied by the Commission as part of the carrier's annual report.

(f)

Annual Reporting Requirements for Eligible Telecommunication Carriers.

(I)

In order for an Eligible Telecommunication Carrier (ETC) previously designated by the

Commission, or previously designated by the Federal Communications Commission
(FCC), to be certified to receive federal support for the following calendar year, or to
retain its ETC designation, it shall submit the reporting information specified below no
later than August 15th of each calendar year to the Commission. ETCs failing to meet
these annual report filing requirements and deadlines may not be certified by the
Commission to the FCC and the Universal Service Administrative Company (USAC) as
eligible to receive federal support for the following calendar year.

(II)

Every ETC shall submit the following information in its report:

(A)

The number of requests for service from potential customers within the ETCs
service areas that were unfulfilled during the past year and a written explanation
detailing how the ETC attempted to provide service to those potential customers,
as set forth in 47 C.F.R. 54.202(a)(1)(i).

(B)

The number of complaints per 1,000 access lines or handsets.

(C)

Detailed information on any outage lasting at least 30 minutes for any facilities
that an ETC owns, operates, leases, or otherwise utilizes that potentially affects
at least ten percent of the end users in a service area, or that could affect access
to 9-1-1. An outage is defined as a significant degradation in the ability of an end
user to establish and maintain a channel of communications as a result of failure
or degradation in the performance of a communications providers network. The
ETC must report the following information regarding each outage: date and time
of outage; description of the outage and resolution; specific service(s) affected;
specific geographic area(s) affected; steps taken to prevent it from happening
again; and number of customers affected by the outage.

(D)

Certification that the ETC is complying with the applicable service quality
standards and consumer protection rules, e.g., the CTIA Consumer Code for
Wireless Service.

(E)

Certification that the ETC is able to function in emergency situations as set forth
in 47 C.F.R. 54.202(a)(2).

(F)

Certification that the ETC acknowledges the FCC may require it to provide
customers with equal access to long distance carriers in the event that no other
ETC is providing equal access within the service area.

(G)

The total amount of all federal high cost support received in the previous
calendar year and year-to-date through June 30 for the current calendar year.

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(H)

For the previous two calendar years, a detailed schedule/exhibit showing the
actual dollar amounts expended by the carrier in the provision, maintenance,
upgrading, plant additions and associated infrastructure costs for local exchange
service within the service areas in Colorado where the carrier has been
designated an ETC. An explanation regarding any network improvement targets
that have not been fulfilled. This information shall be submitted at the wire center
level or at the authorized service area. If service improvements in a particular
wire center are not needed, an explanation of why improvement is not needed
and how funding will otherwise be used to further the provision of supported
services in that area.

(I)

Documentation the carrier offers and advertises the rate and availability of Basic
Universal Service offerings, Lifeline, and Linkup programs throughout the service
areas in Colorado where the carrier has been designated an ETC. Copies of
written material used in newspaper advertisements, press releases, posters,
flyers and outreach efforts and a log of when and where these materials were
distributed. For newspaper advertisements, dated copies of the published
newspaper advertisements may serve as copies of written material. For radio
station advertising, a confirmation from broadcasters of when the public service
announcement was aired.

(J)

Documentation that a competitive ETC is offering a local usage plan comparable

to that offered by the incumbent LEC in the relevant service areas.

(K)

A map of the service areas where the carrier has ETC designation showing the
locations of facilities or for wireless providers, maps showing the location of all
cellular towers and the coverage area of these towers. Maps shall be submitted
in 2007 and at least once every three years thereafter.

(L)

Through June 30 of the current calendar year, a detailed schedule/exhibit

showing the actual dollar amounts expended by the carrier in the provision,
maintenance, upgrading, plant additions and associated infrastructure costs for
any local exchange service within the service areas in Colorado where the carrier
has been designated an ETC. This shall include the carriers build-out plans and
budgets for projects, upgrades or installations planned but not yet completed
during the current calendar year applicable to local exchange service. This
information shall be submitted at the wire center level or at the authorized service
area.

(M)

A copy of cost study filing made on July 31st to NECA for current year. If an ETC
is not required to file cost study to NECA, then a copy of the line count filing
made to the FCC and USAC Administrator shall be submitted.

(N)

A copy of the companys Colorado-specific trial balance for previous year.

(O)

An affidavit attesting to the fact that the information reported on the annual report
and information submitted under this rule is true and correct. The affidavit must
also state that the ETC is aware of the purpose of the support for the federal
high-cost support and it is complying with the requirement set forth by the FCC in
47 U.S.C. 254(e). An officer, director, partner, or owner of the company must
sign the affidavit.

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(P)

If a review of the data submitted by an ETC indicates that the ETC is no longer in
compliance with the Commissions criteria for ETC designation, the Commission
may refrain from certifying the carrier to the FCC or revoke the carriers
designation as an ETC. In addition, ETCs must submit their reports on a timely
basis.

2188.

Relinquishment and Cancellation of EP or ETC Designation.

(a)

Application to be filed with the Commission. When there are multiple EPs or ETCs in a service
area, providers seeking to relinquish designation as an EP or ETC shall file an application with
the Commission, at least 45 days before the effective date of the proposed relinquishment. In
addition, if the applicant seeks to discontinue service, the requirements of rule 2108 must also be
met.

(b)

Contents. The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified attached exhibits:
(I)

The information required by paragraph 2002(b); and

(II)

A complete explanation of the proposed relinquishment.

(c)

The Commission shall establish a time, not to exceed one year after the approval of the
relinquishment, within which such purchase or construction of adequate facilities by a remaining
EP or ETC or other provider shall be completed.

(d)

Notice to customers. In addition to filing an application with the Commission, the EP or ETC shall
prepare a written notice regarding the proposed relinquishment and shall mail or deliver the
notice at least 30 days before the effective date to all currently served customers or subscribers,
including all interconnecting telecommunications providers. The EP or ETC shall separately
provide notice all potentially affected customers through publication once each week for four
consecutive weeks in a publication or publications of general circulation in the affected
designated area. A notice shall be mailed to the Board of County Commissioners of each affected
county, and to the Mayor of each affected city, town, or municipality.
(I)

(II)

The notice shall, in addition to the requirements of paragraph 2002(d):

(A)

Explain that basic local telephone service will continue to be available regardless
of the outcome of the Commission's determination on the application;

(B)

Be signed by an authorized agent or officer of the provider; and

(C)

Include said agent or officer's title and address.

Proof of public notice. Within 15 days before the date of the proposed relinquishment, the
EP or ETC shall file with the Commission a written affidavit stating its compliance with
this paragraph. The affidavit shall state the date notice was completed and the method
used to give notice. A copy of the notice shall accompany the affidavit.

(e)

No hearing needs to be held if no objection, protest, or intervention is filed. If a hearing is to be

held on an application, the Commission shall endeavor, within its operating constraints, to hold
the hearing, or a portion thereof, at a location within the local calling area of the affected
community.

(f)

No proposed relinquishment shall be effective until the Commission issues an order approving it.

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(g)

The Commission shall permit an EP or ETC to relinquish its designation as an EP or ETC in any
area served by more than one EP or ETC when the Commission concludes that the requirements
of paragraphs (a) through (d) have been met.

(h)

Within one year of the effective date of the Commissions decision approving an application for
ETC/EP designation, the ETC/EP shall offer the supported services. If the ETC/EP does not offer
the supported services within one year, its ETC/EP designation shall be cancelled and deemed
null and void.

2189.

Combined Applications.

Applicants may file to be designated as a POLR, to be designated as an ETC, and/or to be designated as

an EP (pursuant to rule 2847) in a combined application. Applicants may file to relinquish designation as
a POLR, to relinquish designation as an eligible provider, and to relinquish designation as an ETC in a
combined application pursuant to rule 2188. In a combined application, the applicant shall follow the
application process and shall provide all information required for each separate component of the
combined application.
2190.

Disaggregation and Targeting of Support by Rural ILECs.

A rural ILEC that selects a disaggregation path pursuant to FCC regulations found at 47 C.F.R. 54.315
shall file its disaggregation path selection with the Commission as required by paragraphs (a), (b), or (c).
In study areas in which a CLEC has been designated as a competitive ETC prior to the effective date of
the FCCs rule found at 47 C.F.R. 54.315, the rural ILEC may only disaggregate support pursuant to
paragraph (a) or (b), or subparagraph (c)(I)(C).
(a)

(b)

Path 1: Rural ILECs not disaggregating and targeting federal High-Cost support:
(I)

A rural ILECs election of this path becomes effective upon filing by the rural ILEC with
the Commission.

(II)

This path shall remain in place for such rural ILEC for at least four years from the date of
filing with the Commission except as provided in subparagraph (III) of this paragraph.

(III)

The Commission may require, on its own motion, upon petition by an interested party, or
upon petition by the rural ILEC, the disaggregation and targeting of support under
paragraph (b) or (c).

Path 2: Rural ILECs seeking prior regulatory approval for the disaggregation and targeting of
support. The application shall include the information required by paragraph 2002(b) in addition to
the requirements of this paragraph.
(I)

A rural ILEC electing to disaggregate and target support under this subsection must file a
disaggregation and targeting plan with the Commission.

(II)

Under this subsection a rural ILEC may propose any method of disaggregation and
targeting of support consistent with the general requirements detailed in 47 C.F.R.
54.315(e).

(III)

A disaggregation and targeting plan under this paragraph becomes effective upon
approval by the Commission.

(IV)

A rural ILEC shall disaggregate and target support under this path for at least four years
from the date of approval by the Commission except as provided in subparagraph (V) of
this paragraph.

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(c)

(V)

The Commission may require, on its own motion, upon petition by an interested party, or
upon petition by the rural ILEC, the disaggregation and targeting of support in a different
manner.

(VI)

Requests for disaggregation under Path 2 shall be filed as an application. Such

applications shall be served by the applicant upon all providers that have obtained either
ETC or EP status in the rural ILECs study area at the same time they are filed with the
Commission.

Path 3: Self-certification of the disaggregation and targeting of support.

(I)

(II)

A rural ILEC may file a disaggregation and targeting plan with the Commission along with
a statement certifying each of the following:
(A)

It has disaggregated support to the wire center level;

(B)

It has disaggregated support into no more than two cost zones per wire center; or

(C)

That the rural ILECs disaggregation plan complies with a prior regulatory
determination made by the Commission.

Any disaggregation plan submitted pursuant to this paragraph must meet the following
requirements:
(A)

The plan must be supported by a description of the rationale used, including the
methods and data relied upon to develop the disaggregation zones, and a
discussion of how the plan complies with the requirements of this paragraph.
Such filing must provide information sufficient for interested parties to make a
meaningful analysis of how the rural ILEC derived its disaggregation plan.

(B)

The plan must be reasonably related to the cost of providing service for each
disaggregation zone within each disaggregated category of support.

(C)

The plan must clearly specify the per-line level of support for each category of
high-cost universal service support in each disaggregation zone provided
pursuant to 47 C.F.R. 54.301, 54.303, 54.305, and/or Subpart F of Part 36 of
47 C.F.R.

(D)

If the plan uses a benchmark, the rural ILEC must provide detailed information
explaining what the benchmark is and how it was determined. The benchmark
must be generally consistent with how the total study area level of support for
each category of costs is derived to enable a competitive ETC to compare the
disaggregated costs used to determine support for each cost zone.

(III)

A rural ILECs election of this path becomes effective upon filing by the rural ILEC to the
Commission.

(IV)

A rural ILEC shall disaggregate and target support under this path for at least four years
from the date of filing with Commission except as provided in subparagraph (V) of this
paragraph.

(V)

On its own motion, upon petition by an interested party, or upon petition by the rural
ILEC, the Commission may modify the disaggregation and targeting of support selected
under this path.

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(d)

Carriers failing to select a disaggregation path, as described in paragraphs (a), (b), or (c) of this
rule, by the deadline specified in 47 C.F.R. 54.315, will not be permitted to disaggregate and
target federal high-cost support unless ordered to do so by the Commission.

2191.

Uses of Disaggregation Paths.

(a)

The Commission shall use the disaggregation plans of each rural ILEC established pursuant to
rule 2190 not only for disaggregation of Colorado HCSM support, but also for the disaggregation
of the study area of the rural ILEC pursuant to 47 C.F.R. 54.207 into smaller discrete service
areas.

(b)

Filing of petition. Where necessary, the Commission shall submit a petition to the FCC seeking
the agreement of the FCC in redefining the service area of each rural ILEC as follows:
(I)

Path 1: For rural ILECs not disaggregating and targeting support, no FCC filing is
required;

(II)

Path 2: For rural ILECs seeking prior regulatory approval for the disaggregation and
targeting of support, the Commission shall submit a petition to the FCC within 60 days
following the issuance of the Commission's final order in the provider's Path 2
disaggregation proceeding; or

(III)

Path 3: For rural ILECs self-certifying disaggregation and targeting of support, the
Commission shall submit a petition to the FCC within 60 days following the rural ILEC's
filing of election of this Path with the Commission.

2192. - 2199.

[Reserved].

Default, Alternative, and Simplified Forms of Regulation; Refraining from Regulation; and
Reclassification of Parts II and III Services
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to identify default forms of regulation for services subject to the
jurisdiction of the Commission and to establish procedures and standards concerning: alternative forms of
regulation; simplified regulatory treatment for rural telecommunications providers; refraining from
regulation for competitive purposes; reclassifying a regulated telecommunication service as an emerging
competitive service; and deregulation of emerging competitive services.
The statutory authority for the promulgation of these rules is found at 40-15-101, 40-15-203, 40-15203.5, 40-15-207, 40-15-301, 40-15-302, 40-15-305, 40-15-501, 40-15-502, 40-15-503, and 40-2-108,
C.R.S.
2200.

Applicability.

Rules 2200 through 2299 are applicable to all providers of services pursuant to 40-15-201, C.R.S.,
(PartII) or pursuant to 40-15-301, C.R.S., (Part III or emerging competitive services); except that rule
2202 is only applicable to ILECs, rule 2203 is only applicable to CLECs, and Part III providers, rule 2206
is only applicable to rural ILECs, rule 2210 is only applicable to intraLATA interexchange
telecommunications providers, and rule 2211 is only applicable to interLATA interexchange
telecommunications providers Nothing in rules 2200 through 2299, except rules 2210, and 2211, shall
limit the Commissions authority to investigate the rates and charges assessed by providers.

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2201.

Definitions.

The following definitions apply only in the context of rules 2200 through 2299.
(a)

"Alternative forms of regulation" means those forms of regulation other than the default form of
regulation, which may include any combination of the following elements: rate-of-return
regulation, modified Tariff requirements, alternative reporting requirements, price bands,
benchmark rates, detariffing, or any other such elements of alternative regulation as provided in
40-15-302(1), C.R.S., that are consistent with the General Assemblys expression of intent stated
in 40-15-101, C.R.S.

(b)

"Applicant" means any provider who files an application with the Commission pursuant to rule
2205.

(c)

"Benchmark-rate" means an element of alternative regulation, as established by the Commission,

with an established price ceiling for a service.

(d)

"Cost support" means data, information, methods, and analyses conducted in accordance with
the rules 2400 through 2499, as applicable.

(e)

"Detariffing" means offering a service to the public without using a Tariff to administer rates,
charges, terms, and conditions. Detariffing is available as an element of alternative regulation.

(f)

"Price band" means a range of rates defined by a Commission-established price floor (the lower
boundary) a Commission-established price ceiling (the upper boundary) and within which a
provider of basic local exchange or emerging competitive telecommunications service may set a
specific price for a service. Price bands are available as an element of alternative regulation.

(g)

"Private telecommunications network" means "private telecommunications network", as that term

is defined by 40-15-102(23), C.R.S.

(h)

"Reference provider" means any ILEC that has secured Commission approval for an alternative
form of regulation under 40-15-201(2) and 40-15-503, C.R.S.

(i)

"Rural ILEC" means "rural telecommunications provider", as that term is used in 40-15-203.5,
C.R.S.

2202.

Default Form of Regulation for ILECs.

(a)

This rule applies to all ILECs.

(b)

Part II services. Each ILEC shall be regulated using a rate-of-return form of regulation for its Part
II services, except call delivery to a Basic Emergency Service Provider (BESP), in the absence of
another Commission-approved alternative form of regulation.

(c)

Part III services. Each ILEC shall be regulated using rate-of-return regulation for its emerging
competitive services, except non-optional operator services, in the absence of a Commissionapproved alternative form of regulation.

(d)

The Commission shall regulate the terms and conditions, including rates and charges, under
which Part III services are offered and provided to customers exclusively in accordance with the
provisions of 40-4-101(1), 40-4-111, 40-4-112, 40-5-105, 40-15-302, 40-15-303, 40-15-306,
and 40-15-307.

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(e)

Prices for residential basic local exchange service. Consistent with 40-15-502(3)(b)(I) and
except as otherwise provided by law, prices for residential basic local exchange service, including
zone charges, if any, shall not rise above the levels in effect on May 24, 1995, for comparable
services regardless of the form of regulation of the ILEC, except for prices and price levels as
determined by the Commission pursuant to 40-15-301, C.R.S, et seq., or 40-15-502, C.R.S.

(f)

Switched access prices. Consistent with 40-15-105(1), C.R.S., and except as otherwise
provided by law, ILECs' access charges:

(g)

(I)

Shall be cost-based, as determined by the Commission;

(II)

Shall not exceed the average price by rate element and type of access in effect on July 1,
1987; and

(III)

Each ILEC's switched access charges by rate element shall be capped at that ILEC's
tariffed rate as of January 1, 2012. The capping of rates does not affect any required
implementation of rate changes pursuant to federal requirements.

Customer-specific contracts and notice.

(I)

The Commission may permit an ILEC to provide a customer with regulated services,
under contract, irrespective of any Tariff or Price List requirements.

(II)

A notice of contract shall be filed with the Commission under seal within 14-days of the
date the contract is executed. The notice shall: disclose any early termination penalty to
the customer; confirm that the contract is a non-discriminatory offering; confirm that the
charges exceed the company's cost; and confirm that the contract contains a provision
acknowledging that it is subject to regulatory review.

(III)

The contract shall be subject to Commission review to determine if:

(IV)

(A)

The negotiated contract is nondiscriminatory;

(B)

The contract terms are not inconsistent with the public interest; and

(C)

The contract terms are not inconsistent with applicable Commission rules.

The Commission may set the contract for hearing and, after hearing, may approve or
disapprove the contract. At the hearing, the applicant shall bear the burden of proof with
respect to the contract. If the Commission does not set the contract for hearing, the
contract is effective according to its terms.

2203.

Default Forms of Regulation for CLECs.

(a)

Requirements of all CLECs.

(I)

Prices for residential basic local exchange service. Consistent with 40-15-502(3)(b)(I)
and except as otherwise provided by law, prices for residential basic local exchange
service, including zone charges, if any, shall not rise above the levels in effect on May 24,
1995, for comparable services regardless of the form of regulation of the provider, except
for prices and price levels as determined by the Commission pursuant to 40-15-301,
C.R.S., et seq., or 40-15-502, C.R.S.

(II)

Switched access prices. Consistent with 40-15-105(1), C.R.S., and except as otherwise
provided by law, providers' access charges:

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(III)

(A)

Shall be cost-based, as determined by the Commission;

(B)

Shall not exceed the average price by rate element and type of access in effect
on July 1, 1987; and

(C)

Each CLEC's switched access charges by rate element shall be capped at that
CLEC's tariffed rate as of January 1, 2012. The capping of rates does not affect
any required implementation of rate changes pursuant to federal requirements.

To enable the Commission to track the progress of competition and to monitor the
delivery of basic, premium and advanced services to all areas of the state, it is in the
public interest for CLECs to provide the Commission with information in annual reports
and/or other special reports, pursuant to rule 2006.

(b)

A CLEC may elect to opt into one of two forms of default regulation in their entirety. A new CLEC
shall designate at the time of application for a CPCN and/or LOR under which form of default
regulation it requests to be regulated or apply for an alternative form of regulation pursuant to rule
2205. An existing CLEC certified at the effective date of this rule shall notify the Commission by
letter addressed to the Director of the Commission if they wish to change to the Option Two form
of default regulation. If an existing carrier desires to be regulated under an alternative form of
regulation, this must still be accomplished by application pursuant to rule 2205.

(c)

Default Form of Regulation: Option One.

(I)

This default form of regulation shall apply to all jurisdictional products and services
offered by a CLEC provider, with the exception of the rates, terms and conditions for 9 1
1 call delivery to a BESP. Each CLEC shall establish rates, terms and conditions
governing 9-1-1 call delivery to a BESP, as directed in rule 2138.

(II)

Pursuant to rule 2122, each CLEC shall file an initial Tariff that contains the rates, terms
and conditions governing its Part II and Part III services and products.

(III)

Tariff changes. For products and services subject to this default form of regulation,
changes to the Tariff may be made upon 14-days notice to the Commission. Additional
notice to customers shall not be required unless ordered by the Commission. If the
Commission does not suspend the effective date of the proposed Tariff change, the Tariff
change shall become effective according to its terms.

(IV)

Customer-specific contracts and notice.

(A)

The Commission may permit a provider to provide a customer with regulated

services, under contract, irrespective of any Tariff or Price List requirements.

(B)

A notice of contract shall be filed with the Commission under seal within 14-days
of the date the contract is executed. The notice shall: disclose any early
termination penalty to the customer; confirm that the contract is a nondiscriminatory offering; confirm that the charges exceed the company's cost; and
confirm that the contract contains a provision acknowledging that it is subject to
regulatory review.

(C)

The contract shall be subject to Commission review to determine if:

(i)

The negotiated contract is nondiscriminatory;

(ii)

The contract terms are not inconsistent with the public interest; and

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(iii)
(D)

(d)

The contract terms are not inconsistent with applicable Commission

rules.

The Commission may set the contract for hearing and, after hearing, may
approve or disapprove the contract. At the hearing, the applicant shall bear the
burden of proof with respect to the contract. If the Commission does not set the
contract for hearing, the contract is effective according to its terms.

Default Form of Regulation: Option Two.

Option Two default form of regulation recognizes that the Commission found in Docket No. 04A411T that sufficient competition exists to warrant a reduction in the regulatory oversight of certain
products and services.
(I)

Customer specific contracts. Customer specific contracts may be negotiated and entered
into without notice or filing to the Commission. CLECs shall maintain a log of such
contracts and give Staff and the OCC reasonable access to the contracts upon request.

(II)

There shall be minimal Commission oversight of certain telecommunications products

and services under Market Regulation. Market Regulation includes:
(A)

Detariffing;

(B)

The ability to geographically deaverage prices;

(C)

The ability to withdraw or cease offering a product or service to new customers

without initial Commission review or approval; and

(D)

The ability to make changes in rates, terms and conditions for services and
products without any initial Commission review or approval.

(III)

Customer specific notice. CLECs shall provide 14-days notice to customers of price
increases and price-affecting changes in terms and conditions using customer-specific
mechanisms such as direct letter contact, postcards, bill inserts and/or bill messages.
CLECs are neither required nor prohibited from providing customer specific notices of
price decreases.

(IV)

Commission notice. CLECs shall provide the Supervisor of the Consumer Affairs section
of the Commission with an e-mailed copy of all customer specific notices, including
promotional material, at the same time the customers receive those notices. In addition,
CLECs shall e-mail a one-day notice of all changes to rates, terms and conditions for all
services subject to Market Regulation to a designated Staff person in the Fixed Utilities
Section of the Commission.

(V)

CLECs are required to post on their website the rates, terms and conditions associated
with the services under Market Regulation in a timely and easily accessible manner and
update such information regularly. CLECs shall maintain an archive of the website
postings for a period of not less than two years from the time the rates, terms or
conditions for that service are rescinded or changed. This archive data must be available
to the Commission upon request.

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(VI)

The services subject to Market Regulation are:

(A)

Additional residential access lines located within the following exchange wire
centers the Denver Metro Exchange: Aberdeen, Arvada, Aurora Main, Capitol
Hill, Columbine, Curtis Park, Denver International Airport, Dry Creek, Denver
East, Denver Main, Denver North, Denver Northeast, Denver South, Denver
Southeast, Denver Southwest, Denver West, Englewood, Golden, Highland
Ranch, Lakewood, Littleton, Monaghan, Montbello, Smoky Hill, Sullivan and
Westminster; the Boulder Exchange: Boulder Main, Table Mesa and Gun Barrel;
the Longmont Exchange: Longmont and Niwot; the Lafayette/Louisville
Exchange: Cottonwood; the Broomfield Exchange: Broomfield and Northglenn;
Erie; and Parker and the Colorado Springs exchange: Air Force Academy,
Colorado Springs East, Colorado Springs Main, Gatehouse, Fountain,
Monument, Pikeview, Security and Stratmoor (known as the zones of
competition).

(B)

Residential features and services except for the public interest features and
services described in Modified Existing Regulation;

(C)

Six and above flat-rated, message or measured business access lines;

(D)

Advanced features or services provided on business lines as defined in 40-15102(2) including hunting on six and above flat-rated, message or measured
business access lines except public interest features and services;

(E)

All other business services except for one to five flat-rated, message or
measured business access lines and hunting on those lines;

(F)

Premium services as defined by 40-15-102(21), C.R.S., other than non-listed

and non-published services;

(G)

All packages and bundles (which include any combination of access lines and/or
features or services subject to Commission jurisdiction) with a price cap.
(i)

(H)

Prices for packages and bundles shall not exceed the sum of the highest
prices of the a la carte components of the package.

Non-optional operator services except busy line verify and busy line interrupt.
The Commission approved statewide benchmark rate applies to all non-optional
operator services, as required by 40-25-302(5) C.R.S.

(VII)

Modified existing regulation. Products and services regulated under Modified existing
regulation shall have the same tariffing and notice requirements as those under Option
One default regulation.

(VIII)

The services subject to Modified existing regulation are:

(A)

Residential primary access lines;

(B)

Additional residential access lines in area other than the zones of competition
identified above;

(C)

Public interest features and services on residential and business access lines
defined as per call and per line blocking; call trace; busy line verification; busy
line interrupt; non-listed service; and non-published service;

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(D)

One to five flat-rated, message or measured business access lines and hunting
on those lines;

(E)

Payphone service offerings;

(F)

Line extensions; and

(G)

9-1-1, E9-1-1 and N-1-1 services.

2204.

General Requirements.

(a)

This rule is applicable to any provider subject to an alternative form of regulation, including the
simplified regulatory treatment of rural ILECs.

(b)

If a provider is granted Commission approval for an alternative form of regulation for its Part III
emerging competitive services, the Commission shall not consider the providers overall rate-ofreturn or overall revenue requirements when determining the just and reasonable rate for a
particular product or service.

(c)

Accounting plan. The Commission may require a provider subject to an alternative form of
regulation to file an accounting plan that segregates assets, liabilities, revenues, and expenses
between services. In the event the Commission orders an applicant to file an accounting plan, the
applicant shall not offer the service prior to Commissions approval of the accounting plan and
shall modify its cost separation manual to conform to such an accounting plan.

(d)

If the provider is required by the Commission to file an accounting plan, the provider shall bear
the burden of proving that the accounting plan submitted is sufficient to segregate assets,
liabilities, revenues, and expenses, which permits the Commission to define the regulated rate
base and to implement the alternatives to rate-of-return regulation.

(e)

Providers exempted from filing a cost separation manual pursuant to rules 2400 through 2459
shall not be required to file accounting plans or updates, but shall be required to follow the cost
segregation rules.

(f)

In any proceeding before the Commission to investigate any tariff, tariff rate, price, or price list,
the provider shall have both the burden of going forward and of proving that any price, term, or
condition included in a tariff, price list, or contract, or sold under any alternative form of regulation
is fair, just, reasonable, and non-discriminatory.

(g)

Revisions of terms. The Commission, on its own motion or upon the application of the provider
which has been granted an alternative form of regulation, and after notice and opportunity to be
heard, may revise a form of regulation granted pursuant to rule 2205 if it finds that continued use
of the approved form of regulation is contrary to, or inconsistent with, statements of public policy
in 40-15-101, 40-15-501, 40-15-502, and 40-15-503(2)(c), C.R.S.

2205.

Application for Alternative Form of Regulation.

(a)

A provider seeking to obtain a form of regulation other than the applicable default form of
regulation shall file an application with the Commission.

(b)

Contents. The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified attached exhibits:
(I)

The information required by paragraph 2002(b);

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(II)

The services for which the alternative form of regulation is requested;

(III)

A list of all currently effective tariff and price list pages, as applicable, for each relevant
service;

(IV)

A description of the form of regulation requested on a service basis and on a geographic

area basis;

(V)

The proposed price bands, if applicable, including ceilings and floors for each relevant
service;

(VI)

The proposed benchmark rates, if applicable, for each relevant service;

(VII)

The proposed detariffing, if applicable, for each relevant service;

(VIII)

Any other proposed element of alternative regulation requested by the applicant;

(IX)

The conditions that the applicant believes exist to permit the Commission to ensure that
telecommunication services continue to be available to all customers at fair, just, and
reasonable rates, if an alternative form of regulation is granted;

(X)

The estimated market share information, demand data, and cost support data, as
applicable, for each relevant service;

(XI)

A list of other known providers of similar or substitutable services in the affected

geographic area(s) identified in subparagraph (IV), and any significant, functional
differences between the applicant's service and other known available services;

(XII)

An identification of the accounting method that will be used to account for services
subject to the alternative form of regulation and an explanation of how the accounting
method meets the requirements of rules 2405 through 2407; and

(XIII)

The facts relied upon by the applicant to show that a grant of an alternative form of
regulation is consistent with, and not contrary to, the statements of public policy
contained in 40-15-101, 40-15-501, 40-15-502, and 40-15-503(2)(c), C.R.S., as
applicable.

(c)

Applicant notice of application. Concurrent with the filing of an application, the applicant shall
provide notice of the application to all existing customers pursuant to 40-3-104, C.R.S., unless
the Commission approves an alternate notice procedure. The applicant shall also provide notice
by first-class mail to all providers of telecommunications services that are regulated by the
Commission under Title 40, Article 15, Part II or Part III, C.R.S. The notice shall include the
requirements of paragraph 2002(d).

(d)

Commission notice of application. The Commission shall provide notice of the application in
accordance with rule 1206. Additionally, if the Commission institutes a proceeding upon its own
motion, it shall provide notice to the public pursuant to 40-6-108(2), C.R.S.

(e)

Criteria for Commission consideration. In determining whether to grant an application, the

Commission will consider whether granting the requested regulation:
(I)

Is suitable and appropriate under the circumstances;

(II)

Is consistent with, and advances, the public policies contained in 40-15-101, C.R.S.,
for an application for an alternative form of regulation;

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(III)

Is consistent with, and advances, the public policies contained in 40-15-101, 40-15501, 40-15-502, and 40-15-503(2)(c), C.R.S., for applications for a form of price
regulation other than rate-of-return regulation for providers of local exchange service;

(IV)

Ensures that telecommunication services continue to be provided to all consumers in the

state at fair, just, and reasonable rates consistent with 40-15-503(2)(c) (I); and

(V)

Is not contrary to law or to Commission policy.

(f)

If the Commission approves the application, the applicant shall file an advice letter and initial tariff
and a transmittal letter and initial price list, if applicable, on not less than 30-days notice, to
implement the terms of the alternative form of regulation approved by the Commission.

2206.

Simplified Regulatory Treatment for Rural ILECs.

(a)

Simplified regulatory treatment. The simplified pricing procedures provided for in these rules are
applicable to rural ILECs electing simplified regulatory treatment and only to Part III products and
services. Each rural ILEC that takes no action under these rules shall remain, on a default basis,
subject to continuing rate-of-return regulation.

(b)

Notice of election for simplified regulatory treatment. A rural ILEC that elects to be subject to
simplified regulatory treatment for its Part III regulated retail services and products shall file a
notice with the Commission advising of its election to be so regulated and shall also provide 30days notice to its customers by direct mailing, bill stuffer, or billing statement notification. The
providers election is effective 30 days from the date of filing, and shall remain effective until
revoked.

(c)

Election of simplified regulatory treatment. Election by a rural ILEC of simplified regulatory

treatment has no effect upon the existing prices of any of its Part III services unless and until the
provider elects to seek a change in the price of one or more of its products or services under the
procedure specified in these rules. If at the time of electing simplified regulatory treatment, a rural
ILECs prices for one or more Part III products or services exceeds the price ceiling that would be
established as provided in paragraph (d), its then current pricing shall remain in effect as the price
ceiling until the provider seeks a change. Additionally, any price change secured by a rural ILEC
for a Part III product or service shall remain in force and effect even if the benchmark rate for the
product or service is lowered either voluntarily by the reference provider or by Commission action.

(d)

Price ceilings. Price ceilings for products and services under this regulatory treatment shall be
established by reference to the prices for such products and services that are in effect under an
alternative form of regulation for any one reference provider that has been approved by the
Commission.

(e)

Procedure for price change up to price ceiling. On not less than 14-days notice prior to the
desired effective date for a change in one or more of the prices contained in its associated price
list, a rural ILEC subject to simplified regulatory treatment shall file a transmittal letter with the
Commission describing the proposed change(s) and containing its revised price list. The rural
ILEC may, but need not, provide notice to its customers of any proposed price change provided
that the price as changed is at or below the price ceiling. In its transmittal letter, the rural ILEC
shall include a statement to the effect that the change does not exceed the price ceiling for the
affected product(s) or service(s) that the Commission has approved in a reference providers
alternative form of regulation plan and shall set forth the name of the provider and the providers
approved product or service price ceiling for each product or service addressed by the transmittal
letter. Unless suspended by the Commission, the revised price list will become effective
according to its terms.

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(f)

Procedure for price change above price ceiling. On not less than 30-days notice prior to the
desired effective date for a change in one or more of the prices contained in its tariffs, a rural
ILEC seeking to increase the price of a product or service above the price ceiling rate of any
reference provider or seeking to establish a rate for a product or service not provided by any
reference provider shall file an advice letter with the Commission describing the proposed price
changes or initial price setting and containing its revised tariff rate. The rural ILEC shall
additionally file together with its advice letter a service-specific or product-specific cost analysis
supporting the proposed rates and demonstrating that the proposed rate or rates are cost-based
and otherwise just and reasonable.

(g)

Customer-specific contracts and notice.

(I)

The Commission may permit a rural ILEC to provide a customer with regulated services,
under contract, irrespective of any tariff or price list requirements.

(II)

If permitted, a notice of contract shall be filed with the Commission under seal within 14days of the date the contract is executed. The notice shall disclose: any early termination
penalty to the customer; whether the contract is a non-discriminatory offering; whether
the charges exceed the company's cost; and a statement confirming that the contract
contains a provision acknowledging that it is subject to regulatory review.

(III)

The contract shall be subject to Commission review to determine if:

(IV)

(h)

(A)

The rate negotiated is nondiscriminatory and the customer did not receive an
inappropriate rate;

(B)

The contract terms are consistent with the public interest; and

(C)

The contract terms are consistent with applicable Commission rules.

The Commission may set the contract for hearing and, after hearing, may approve or
disapprove the contract. At the hearing, the applicant shall bear the burden of proof with
respect to the contract. If the Commission does not set the contract for hearing, the
contract is effective according to its terms.

Revoking election of simplified regulatory treatment on existing rates.

(I)

A rural ILEC may elect to revoke its election to be subject to simplified regulatory
treatment by providing notice of such revocation to the Commission. No customer notice
of revocation is required. A notice of revocation is effective as of its date of filing and
returns the rural local exchange provider to default regulation.

(II)

If a rural ILEC revokes its election under this paragraph (h), the rates for the products and
services of the rural ILEC in effect at the time that notice of revocation is filed with the
Commission shall continue in effect until the effective date of a Commission order
establishing new rates.

(III)

If a rural ILEC revokes such election under this paragraph (h), that provider may not elect
to become subject to simplified regulatory treatment for a period of at least three years
from the date its notice of revocation is filed with the Commission.

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(i)

Supplemental information for application to increase rates for Part II services. In any proceeding
in which a rural ILEC subject to simplified regulatory treatment makes a filing with the
Commission putting an increase of its rates for Part II services at issue, the provider agrees that it
will file together with its application, relevant cost allocation information pertaining both to its Part
II services and products, and to its Part III services and products subject to simplified regulatory
treatment under these rules. The filing of such information shall be subject to any applicable
Commission rules and orders concerning confidentiality and shall not constitute a waiver of the
providers rights under 40-15-201 and 40-15-302, C.R.S.

2207.

Refraining from Regulation of a Part II Service.

(a)

The Commission, upon its own motion or upon application by a provider of Part II services, and in
compliance with the requirements of 40-15-203, C.R.S., may refrain from regulation for
competitive purposes and authorize a provider to provide all or a portion of a private
telecommunications network service under stated or negotiated terms to any person or entity that
has acquired, is contemplating the acquisition of, or is operating a private telecommunications
network.

(b)

Any application under this rule shall comply with the requirements of 40 15-203(3)(a), C.R.S.
and shall include the information required by paragraph 2002(b).

(c)

Commission notice of application. The Commission shall notice the application by inclusion of an
appropriately identified item for discussion on its next weekly meeting agenda. No applicant
notice is required.

2208.

Reclassification of a Part II Service to a Part III Service.

(a)

The Commission, if it finds that effective competition exists in the relevant market for a Part II
service and that reclassification of such service to a Part III service will promote the public interest
and the provision of adequate and reliable service at just and reasonable rates, may reclassify
such service upon its own motion or upon application by any Part II provider. Such reclassification
shall be in compliance with the requirements of 40-15-207, C.R.S.

(b)

Any application under this rule shall comply with the requirements of 40-15-207, C.R.S. and
shall include the information required by paragraph 2002(b).

(c)

Filing of testimony by applicant. At the time the application is filed, the applicant shall file its direct
testimony and copies of exhibits to be offered at the hearing.

(d)

Customer notice. Concurrent with the filing of an application, the applicant shall provide notice of
the application to all existing customers pursuant to 40-3-104, C.R.S., unless the Commission
approves an alternative notice procedure. The applicant shall also provide notice by first-class
mail to all providers of telecommunications services that are regulated by the Commission under
Title 40, Article 15, Part II or Part III, C.R.S. The notice shall include the requirements of
paragraph 2002(d).

2209.

Deregulation of Part III Emerging Competitive Services.

(a)

The Commission, if it finds that effective competition exists in the relevant market for a Part III
service and that deregulation of such service to a Part IV service will promote the public interest
and the provision of adequate and reliable service at just and reasonable rates, may deregulate
such service upon its own motion or upon application by any Part III provider. Such deregulation
shall be in compliance with the requirements of 40-15-305, C.R.S.

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(b)

Any application under this rule shall comply with the requirements of 40-15-305, C.R.S., and
shall include the information required by paragraph 2002(b).

(c)

Filing of testimony by applicant. At the time the application is filed, the applicant shall file its direct
testimony and copies of exhibits to be offered at the hearing.

(d)

Customer notice. Concurrent with the filing of an application, the applicant shall provide notice of
the application to all existing customers pursuant to 40-3-104, C.R.S., unless the Commission
approves an alternative notice procedure. The applicant shall also provide notice by first-class
mail to all providers of telecommunications services that are regulated by the Commission under
Title 40, Article 15, Part II or Part III, C.R.S. The notice shall include the requirements of
paragraph 2002(d).

(e)

If the Commission deregulates a service under 40-15-305, C.R.S., all providers of the
deregulated service shall submit to the Commission an accounting plan, account-by-account, to
segregate the assets, liabilities, revenues, and expenses (including common and joint assets,
liabilities, expenses, and revenues) assigned and allocated to the deregulated service to ensure
compliance with 40-15-108, C.R.S. The accounting plans shall be filed with the Commission
within 30 days from the effective date of the final order granting the deregulation.

2210.

Deregulation of IntraLATA Interexchange Telecommunications Services.

To apply for deregulation of intraLATA interexchange telecommunications services (intraLATA toll

services), pursuant to 40-15-306 C.R.S., a provider shall file an application with the Commission. The
applicant may complete the Commission-issued application form, or may file a separate pleading with the
information and documentation set forth below.
(a)

Contents of Application. The application shall contain the following information:

(I)

Applicant's name, complete mailing address (street, city, state and zip code), telephone
number, and the name(s) under which the applicant is providing intraLATA toll services in
Colorado, the name of the person filing the application, the representative's title or
relationship to the applicant and e-mail address of the representative;

(II)

Name, mailing address, telephone number and e-mail address of the person to contact
for questions about the application;

(III)

Commission Decision number that granted the applicant the authority to provide
intraLATA toll services (the Decision that granted a CPCN and/or LOR, whichever is
applicable);

(IV)

Whether the applicant provides toll service on a resale basis from another facilities-based
provider;

(V)

Whether the applicant has effective tariffs on file with the Commission for the offering of
intraLATA toll;

(VI)

Acknowledgement that within ten days of Commission approval to deregulate the

applicant's intraLATA toll authority, the applicant shall make a compliance filing(s) in the
form of an Advice Letter and/or Transmittal Letter (whichever is applicable), effective on
not less than 14-days notice, to modify its effective tariff and/or price list by deleting all
reference to intraLATA toll offerings or identify intraLATA toll offerings as deregulated by
the Commission; and

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(VII)

An affidavit signed by an officer, partner, owner, or authorized agent, who is authorized to

act on behalf of the applicant, stating that the contents of the application are true,
accurate, and correct and that the applicant will fully comply with all of the requirements
in the Decision which grants the authority to deregulate its intraLATA toll services.

(b)

Providers of IntraLATA interexchange telecommunications services shall continue to comply with

all Commission rules and applicable statutes not expressly excluded by C.R.S. 40-15-401.

2211.

Deregulation of interLATA Interexchange Telecommunications Services.

InterLATA interexchange telecommunications services are not regulated by the Commission except as
provided for in 40-15-112, 40-15-113 and those not excluded by 40-15-401 C.R.S. Upon the effective
date of this rule, all providers of such services shall:
(a)

File a notice of compliance with the Director of the PUC. Such Notice shall include the Docket No.
which granted the provider the authority to offer such service, acknowledgment that interLATA
interexchange services are deregulated, the name, address telephone number and email address
of the person to contact and an affidavit signed by an officer, partner, owner or authorized agent,
who is authorized to act on behalf of the company, stating that the contents of the notice are true,
accurate and correct that that the company will fully comply with all applicable rules, statutes and
requirements in paragraph b of this rule.

(b)

Within 10 days of the filing of the notice, make a compliance filing(s)in the form of an advice letter
and/or transmittal letter(whichever is applicable) effective on not less than 14 days notice to
modify its effective tariff and/or price list by deleting all references to interLATA toll offerings or
identifying interLATA toll offerings as deregulated by the Commission.
(I)

If a provider of such services fails to file such compliance filing pursuant to paragraph (b)
of this rule, the rates, terms and conditions which are more favorable to the customer
shall be the rates billed to the customer by the provider. Upon the effective date of such
compliance filing, this condition shall be lifted.

(c)

Providers of interLATA interexchange telecommunications service shall continue to comply with

all Commission rules and applicable statutes not expressly excluded by C.R.S. 40-15-401.

2212.

Combined Applications.

An applicant may file an application for an alternative form of regulation, an application for reclassification,
and/or an application for deregulation, in combination with any other application, e.g., an application for a
CPCN. In a combined application, the applicant shall provide all information required for each component
of the combined application.
2213.

Adjudicatory Proceedings for Reclassification of Basic Local Exchange Services

(a)

Based upon evidence provided through an adjudicatory proceeding initiated by the Commission
or any person, the Commission may find that certain wire center serving areas in Colorado are
designated as "effective competition areas or ECAs".

(b)

The Commission shall review the telecommunications market in triennial adjudicatory

proceedings beginning no later than first quarter of 2013, to make findings as to whether wire
center serving areas are ECAs pursuant to 40-15-207, C.R.S.

(c)

Once an area is determined by the Commission to be an ECA, regulatory treatment for ECAs as
provided in these rules shall apply unless and until an application is filed requesting that the area
be reclassified and that application has been approved by the Commission.

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(d)

In adjudicatory proceedings addressing basic local exchange services under 40-15-207, C.R.S.:
(I)

The Commission shall consider basic services and similar services offered by multiple,
non-affiliated, facilities-based providers, carriers, or other entities through traditional
wireline, cable-based, interconnected voice over internet protocol, and wireless
technologies.

(II)

The relevant geographic areas shall be wire center serving areas.

(III)

In the proceeding determining if an area should be designated as an ECA, the

Commission may, but need not, make additional findings of reclassification and effective
competition pursuant to 40-15-207, C.R.S., for telecommunications services other than
basic local exchange service in the relevant geographic area.

(e)

If the Commission finds that a wire center serving area is an ECA, then the Commission shall
reclassify all Part II services in the wire center serving area, except for basic emergency service
and white page directory listings, to Part III regulation for all companies offering services in that
area. All services reclassified under this rule 2213 shall be regulated in accordance with rules
2214 and 2215.

2214.

Regulation in Effective Competition Areas.

(a)

All Part III services in ECAs, with the exception of switched access services, white page directory
listings and basic emergency service, are not price-cap or rate of return regulated. Providers of
Part III services in ECAs are not required to follow the Commission tariffing rules 2120 to 2124.
However, each provider of Part III services in an ECA shall make its retail service rates, terms
and conditions available on its website. Tariffs, prices lists, and customer specific contracts
containing rates, terms and conditions for retail services provided to customers are not required
and need not be filed at the Commission. Pursuant to 40-15-502(3)(b)(I), C.R.S., the prices and
price levels for residential basic service shall be determined by the market.

(b)

Rules 2130 though 2159 for regulated basic emergency service, shall continue to apply to all
carriers and providers in ECAs.

(c)

The Commission will regulate providers offering service in ECAs pursuant to all rules applicable
to Part 3 services and, including without limitation, to the following substantive rules: Reports
(paragraphs 2006(a), (b), (f), (g), (h), (i), and (j)), Application for LOR (rule 2103), Numbering
Administration (rules 2700 through 2741), Programs (rules 2800 through 2895), Provider
Obligations to Other Providers (rules 2500 through 2588), and Collection and Disclosure of
Personal Information (rules 2360 through 2362).

2215.

Distribution of HCSM Funds in Effective Competition Areas.

(a)

Distribution of HCSM funds will be eliminated in an ECA 180 days after the effective date of a
Commission order designating the area as an ECA, unless within that 180 days after the effective
date of the Commission order, the provider receiving funds from the HCSM files an application
pursuant to paragraph 2215(b). If an application has been filed within 180 days of the
Commission order, then HCSM funding will continue at existing levels until the Commission
issues an order ruling upon the application and determining whether funding from the HCSM will
continue, be reduced, or be eliminated.

(b)

A provider may file an application with the Commission at any time requesting the establishment,
continuation or restoration of HCSM funding for specified areas or access lines in an ECA. The
application shall include an affidavit signed by an officer of the applicant verifying that the facts
alleged are based upon reasonable inquiry.

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(c)

If the Commission determines that an area is no longer classified as an ECA, a provider may file
an application requesting HCSM support.

2216. 2299.

[Reserved].

RELATIONSHIPS BETWEEN CUSTOMERS AND TELECOMMUNICATIONS SERVICE PROVIDERS

Services Provided to the Public
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to identify services subject to the Commission's regulation and to
reflect continuing evolution of standards and technology. The Commission is charged with establishing
standards for the adequate provisioning and performance of: Part II regulated telecommunications
service, Part III emerging competitive telecommunications services, and other regulated
telecommunications products and services.
The statutory authority for the promulgation of these rules is found at 40-3-101, 40-3-102, 40-3-103,
40-3.4-106, 40-4-101(1), 40-4-101(2), 40-15-112, 40-15-113, 40-15-201(1), 40-15-302(1)(a), 40-15503(2), and 40-2-108, C.R.S.
2300.

Applicability.

Rules 2300 through 2329 regulate the provision of intrastate telecommunications services and facilities to
the public and apply to all providers of telecommunications services subject to the jurisdiction of the
Commission. Rules 2300 through 2310, Rules 2330 through 2341, and Rules 2360 through 2364 apply
only with respect to the residential and small business customers of a provider.
2301.

Definitions [Reserved].

2302.

Customer Deposits.

(a)

General intent and guidelines. With the exception of subsection (b)(I) of this rule, this rule only
governs deposits for basic local exchange service, and does not govern deposits for any other
jurisdictional service.

(b)

(I)

Each LEC shall process an application for service made orally, in writing, or via a secure
website in a non-discriminatory manner.

(II)

The LEC shall establish and maintain a written procedure for determining an applicant's
credit status in its tariff.

Criteria for establishment and amount of deposits.

(I)

Each LEC's deposit and credit policy shall determine credit worthiness in an equitable
and non-discriminatory manner.
(A)

The LEC may require a new or existing customer to pay a deposit if billing
records are available and records indicate recent or substantial delinquencies.

(B)

A LEC shall not refuse to provide service to a customer who declines to provide a
social security number.

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(II)

(c)

(C)

All LECs requiring deposits shall offer customers at least one non-cash
alternative that does not require the use of the customers social security
number, in lieu of a cash deposit.

(D)

No LEC shall require a deposit that exceeds an amount equal to the charges for
90 days basic local exchange service and any associated taxes and surcharges.

A deposit required under this rule may be in addition to any advance payment,
contribution to, or guarantee in connection with construction of lines or facilities, as
provided in the line extension policy of the LEC's tariffs on file with the Commission.

Limitation on the use of deposits.

(I)

The payment of a deposit shall not relieve any customer of the obligation to pay current
bills when due. If forfeited, a deposit shall be applied only to the indebtedness of the
customer.

(d)

Payment on deposits. A customer who is required by a LEC acting under the requirements of this
rule to pay a deposit shall pay the deposit in full, prior to receiving service, or if agreed to by the
LEC, enter into a written installment arrangement for payment of the deposit.

(e)

Interest and deposits.

(f)

(I)

Simple interest shall be paid by the LEC upon a deposit at the percentage rate per
annum as calculated by Commission Staff and in the manner provided in this paragraph,
payable upon the return of the deposit. Interest on a deposit shall be earned for the time
the deposit is held by the LEC, and shall be calculated from the date the deposit is
received by the LEC to the date of refund to the customer.

(II)

The simple interest rate to be paid on customer deposits shall be determined by the
Commission Staff on an annual basis. The rate shall be computed at a rate equal to the
average for the period October 1 through September 30 (of the immediately preceding
year) of the 12 monthly average rates of interest expressed in percent per annum, as
quoted for one-year United States Treasury constant maturities, as published in the
Federal Reserve Bulletin, by the Board of Governors of the Federal Reserve System. If
the difference between the existing customer deposit interest rate and the newly
calculated interest rate is 25 basis points or more, the newly calculated interest rate shall
be used beginning January 1 of the following year; otherwise the rate shall remain
unchanged. When it is determined that a change in the interest rate is warranted, the
Commission shall send a letter to each LEC within the state by November 15th identifying
the new rate to be paid beginning on January 1 of the next year. Following notification by
the Commission, each provider shall file an advice letter and revised tariff on not less
than one-day notice to be effective January 1 of the following year. To the extent any of
the dates contemplated herein are modified, there shall be at least 45 days between the
date of the notification letter and the effective date of the rate change.

Refund of deposits.
(I)

Upon discontinuance of service, or when a customer establishes satisfactory credit, the

LEC shall promptly refund any deposit, plus accrued simple interest, or the balance, if
any, in excess of the unpaid bills.

(II)

Unless the LEC has obtained sufficient factual information to determine that a customer
is an unsatisfactory credit risk, the LEC shall promptly refund a customer's deposit plus
interest upon satisfactory payment of all proper charges for 12 consecutive months.

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(III)

If there is a balance due the customer after service is discontinued and a final bill is
rendered by the provider, that balance shall be payable to the customer without demand
or notice from the customer.

(g)

Deposit policy included in the tariff. Each LEC shall file as part of its tariffs, its deposit
requirement policy, explaining in detail under what circumstances a deposit shall be required, and
under what conditions the deposit shall be returned.

2303.

Denial or Discontinuance of Service.

(a)

Disconnection without notice. No LEC shall deny or discontinue service to a customer without
prior written notice except for the following reasons:

(b)

(I)

If a safety condition that is immediately dangerous or hazardous to life, physical safety, or

property exists.

(II)

Upon order by an appropriate court, the Commission, or any other duly authorized public
authority.

(III)

If service, having already been properly discontinued, has been restored by someone not
authorized by the company and the original cause for discontinuance has not been cured.

(IV)

Violation of any Commission rule or effective tariff that may adversely affect the safety of
any person or the integrity of the providers service.

(VI)

Failure to comply with municipal ordinances or other laws pertaining to

telecommunications service that may adversely affect the safety of any person or the
integrity of the providers service.

(VII)

Failure of the customer to permit the provider reasonable access to its facilities or
equipment.

(VIII)

The customer obtained service by subterfuge. Subterfuge includes, without limitation:

(A)

Obtaining service in another persons name with the intent to avoid outstanding
charges; or

(B)

Applying for new service at a location:

(i)

Where a person has outstanding charges for jurisdictional service

including outstanding charges for any associated taxes and surcharges;
and

(ii)

Where such person continues to reside.

Disconnection with notice. A LEC may temporarily suspend or permanently discontinue service
and may sever the connection and remove any of its equipment from the customer's premises
after at least 15-days written notice only for one of the following reasons:
(I)

Non-payment of any past due bill for basic local exchange service and any associated
taxes and surcharges. Solely for the purposes of this paragraph, a bill is past due if not
paid within 30 days of the due date which must be at least 15 days after the billing date.

(II)

If the LEC determines service was obtained fraudulently or without the authorization of
the provider or is being used for, or suspected of being used for, fraudulent purposes.

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(c)

Restrictions on denial or discontinuation of service - Disposition of payments.

(I)

Basic local exchange service shall not be denied or discontinued for delinquency or
nonpayment of charges for service unless the customer has been issued a bill for the
charges consistent with the billing requirements under rule 2304.

(II)

A LEC shall not deny or discontinue basic local exchange service for delinquency in
payment for service rendered to a previous occupant of the premises to be served, for
unpaid charges for services or facilities not ordered by the applicant or customer, or for
any other indebtedness, except as incurred for basic local exchange service and any
associated taxes and surcharges.

(III)

A LEC may not use its purchase of a customers indebtedness, i.e., the accounts
receivable, from another provider to deny or discontinue providing its jurisdictional
services to that customer.

(IV)

If a customer pays or is willing to pay all current charges, which are defined for the
purpose of this subparagraph as that portion of the amount owed by the customer for
basic local exchange service and any associated taxes and surcharges that are not past
due as set forth in subparagraph (b)(I) above, a LEC shall not discontinue service for
non-payment of a past due amount for these services when the customer has entered
into a payment arrangement with the LEC. If the payment arrangement is not satisfied,
the service may be disconnected for non-payment without further notice.

(V)

Unless requested by the customer, a LEC shall disconnect dial tone only during the
normal business hours of the LEC's business or customer service offices. There shall be
no disconnection of dial tone when the business or customer service offices of the LEC is
not open or after noon the day before the business or customer service offices will not be
open.

(VI)

When a provider has been granted the authority by the Commission to discontinue
offering basic local exchange service, an alternative provider may refuse service to a
customer who has an outstanding balance for local services owing to the alternative
provider and has not entered into an arrangement with the alternative provider to pay the
outstanding balance.

(VII)

Medical emergencies.
(A)

A LEC shall postpone discontinuance of basic local exchange service to a

residential customer for 60 days from the date of a medical certificate issued by a
Colorado-licensed physician or health care practitioner acting under a physician's
authority which evidences that discontinuance of service will aggravate an
existing medical emergency or create a medical emergency for the customer or a
permanent resident of the customer's household. The customer may receive a
single 30-day extension by providing a second medical certification prior to the
expiration of the original 60-day period. A customer may invoke this rule
2303(c)(VII)(A) only once in any twelve consecutive months.

(B)

As a condition of obtaining a new installment payment plan on or before the last

day covered by a medical certificate, a customer who had already entered into a
payment arrangement, but had broken the arrangement prior to seeking a
medical certification, may be required to pay all amounts that were due up to the
date of the original medical certificate as a condition of obtaining a new payment
arrangement. At no time shall a payment from the customer be required as a
condition of honoring a medical certificate.

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(C)

(d)

(e)

The certificate of medical emergency shall be in writing, sent to the LEC from the
office of a licensed physician, and show clearly the name of the customer or
individual whose illness is at issue; the Colorado medical identification number,
phone number, name, and signature of the physician or health care practitioner
acting under a physician's authority certifying the medical emergency. Such
certification shall be incontestable by the LEC as to the medical judgment,
although the LEC may use reasonable means to verify the authenticity of such
certification.

Notice requirements.
(I)

The customer shall be notified of the intention of a LEC to discontinue basic local
exchange service and shall be allowed no fewer than 15 days from the date the notice
was issued in which to respond to the company. The notice shall clearly state the amount
that is past due and the date by which an installment payment arrangement must be
entered into or payment must be received to prevent interruption of service. It shall also
state that disconnection of basic local exchange service cannot occur for non-payment of
other charges, such as for optional services, wireless service, or other companies'
services. If the customer has chosen electronic billing, the notice of disconnection may be
provided electronically.

(II)

All discontinuance notices shall be printed in English and Spanish.

Restoration of service
(I)

Any service already discontinued must be restored without any additional charge if it was
not properly discontinued or restored as provided in rule 2303.

(II)

Service must be restored within 24 hours, or by 5:00 p.m. on the next business day in the
event the end of the 24-hour period falls on a Saturday, Sunday, or holiday unless
prevented by safety concerns, or circumstances beyond the companys control, if the
customer:
(A)

Within ten days of the discontinuance of service, remits the full amount shown on
the notice for jurisdictional services, plus any deposit as may be specifically
required by the LEC's tariff by:
(i)

Paying the LEC directly; or

(ii)

Paying an authorized payment agent of the LEC, contacting the LEC by

telephone and providing the LEC with the date paid, the amount paid and
the valid receipt information;

(B)

Presents a medical certificate, as provided in rules 2303 (c)(VII), within 24 hours

of a disconnection for non-payment; or

(C)

Demonstrates to the LEC that the cause for the discontinuance, if other than nonpayment, has been cured.

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2304.

Customer-Billing Requirements.

(a)

Billing information. The Commission incorporates by reference the FCCs Truth in Billing Rules,
as identified in rule 2008.
In addition to the requirements found in the FCCs Truth in Billing Rules referenced above, all bills
for telecommunications services shall clearly display the billing date and the payment due date,
which must be at least 15 days after the billing date. At the option of the customer, and where it is
technically feasible, electronic billing (e-billing) is permitted.

(b)

Payment of bills, billing disputes, and bill credits or refunds.

(I)

Whenever a customer makes a partial payment, the LEC shall apply it first to past due
basic local exchange service and any associated taxes and surcharges in such a manner
consistent with preserving basic local exchange service, unless otherwise instructed by
the customer.

(II)

In the event of a billing dispute between the customer and the provider, the provider may
require the customer to pay the undisputed portion of the bill to avoid discontinuance of
service for non-payment. The provider shall make a prompt investigation appropriate to
the case and report the results to the customer. In the event the dispute is not reconciled,
the provider shall advise the customer that an informal complaint may be registered with
Commission Staff or that a formal complaint may be filed with the Commission.

(III)

Whenever billing for basic local exchange service and any associated taxes and
surcharges has not been determined accurately because of a LECs omission or
negligence, the LEC shall offer the following:
(A)

Whenever a LEC over-bills a customer for the service, the LEC shall offer the
customer a refund. When the amount of the refund exceeds the charges for two
months of basic local exchange service and any associated taxes and
surcharges, the customer shall be offered the choice either to receive the refund
as a one-time credit on the customer's bill or as a one-time payment from the
company. If the customer elects a one-time payment, the LEC shall mail the
refund within thirty days. Such over-billing shall not be subjected to interest.
Refunds for over-billing shall not be provided for a period of time exceeding two
years.

(B)

Whenever a LEC under-bills a customer for service, the customer shall be

allowed to make an installment payment arrangement when the amount exceeds
the charges for two months of basic local exchange service and any associated
taxes and surcharges. A customer shall be advised that any installment payment
agreement may, at the option of the customer, extend over a time period equal in
length to the period over which the errors were accrued. Charges for under-billing
shall not be billed for a period of time exceeding two years and shall not include
late payment fees or interest.

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(C)

(IV)

2305.

Whenever a LEC collects from a customer more money than is due the LEC
because of an erroneous payment or electronic transfer, the LEC shall
electronically issue or mail the customer a refund within five days of realizing the
mistake. When the amount of the refund exceeds the charges for two months of
basic local exchange service and any associated taxes and surcharges, the
customer shall be offered the choice either to receive the refund as a one-time
credit on the customer's bill or as a one-time payment from the company. Such
refunds shall not be subjected to interest. Refunds for erroneous payments shall
not be provided for a period of time exceeding two years.

In the event the customer's basic local exchange service is interrupted and remains out
of order for eight or more hours during a continuous 24-hour period after being reported
by the customer, or is found to be out of order by the LEC (whichever occurs first),
appropriate adjustments shall be automatically made by the LEC to the customer's bill.
(A)

The adjustment shall be, at a minimum, a credit on the monthly bill for basic local
exchange service and any associated taxes and surcharges proportional to the
duration of the service interruption, with each occurrence of the loss of service for
eight or more hours during the 24-hour period counting as one day. For the
purpose of administering this rule, every month is considered to have 30 days.

(B)

The LEC is not required to provide an adjustment for the loss of service during
time periods due to the following conditions:
(i)

The negligence or willful act of the customer;

(ii)

A malfunction of facilities other than those under the control of the LEC;

(iii)

Natural disasters or other events affecting large numbers of customers

such as described in paragraph 2336(c); or

(iv)

The inability of the LEC to gain access to the customer's premises when
required.

(V)

In the event the LEC misses a service call, i.e., an appointment for a premises visit
associated with installation of new service by more than four hours, the LEC shall make a
credit to the monthly bill of the customer in the amount of one-third the tariff rate for
installation that was to be charged. This credit shall also apply when the LEC misses
scheduled installation work to be done in the central office.

(VI)

The bill credit policies set forth in paragraphs (a) and (b) are minimum requirements.
LECs that merely adopt paragraphs (a) and (b) as their bill credit policy are not required
to file tariffs that incorporate this rule. LECs that wish to have additional bill credit policies
shall file a tariff that fully describes such additional policies. All bill credit policies shall be
non-discriminatory and non-preferential.

Refund Plans.

Any provider proposing or required by Commission order to make a refund to customers by class of
service shall file an application for Commission approval of the plan of refund. For a LEC, the application
shall contain the analysis of the feasibility and costs of customer-specific refunds in lieu of a general
refund. When the amount of the refund exceeds the charges for two months of basic local exchange
service and any associated taxes and surcharges, the customers shall be offered the choice either to
receive the refund as a one-time credit on the customers bill or as a one-time payment from the
company.

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(a)

Contents. An application for approval of a plan of refund shall include, in the following order and
specifically identified, the following information, either in the application or in appropriately
identified attached exhibits:
(I)

The information required by paragraph 2002(b).

(II)

A copy of a detailed description of the proposed refund plan, including but not limited to:
a description of the telecommunications service that is the subject of the refund plan; the
dollar amount of the proposed refund by class of service; the date applicant proposes to
start making the refund, which shall be at least 60 days after the filing of the application;
the date by which the applicant proposes to complete the refund; the means by which the
refund is proposed to be made; an identification of the service area(s) impacted by the
refund; the interest rate that will be paid to customers, equal to the current rate paid on
customer deposits unless the Commission establishes an alternative interest rate; and
the proposed treatment of unclaimed refunds, consistent with 40-8-101, C.R.S., et seq.

(III)

A statement describing in detail the extent to which the applicant has any financial
interest in any other company involved in the refund plan.

(IV)

A reference by docket number, decision number, and date of any Commission decision
requiring the refund; and/or a copy of any federal agency or other state order, if the
refund is to be made because of the applicant's receipt of monies under any such order.

(V)

If the applicant proposes to refund less than all of the monies received as described in
subparagraph (a)(II), a detailed statement justifying the proposed refund of a lesser
amount, with a copy of applicant's most recent balance sheet, dated not earlier than three
months before the date of the filing of the application, with a copy of an income statement
and a retained earnings statement as of the date of the balance sheet.

(VI)

A statement showing the accounting entries for the refund plan.

(VII)

A statement that if the application is granted, applicant will file an affidavit with the
Commission establishing that the refund has been made in accordance with the
Commission decision.

(b)

Notice. The Commission shall give notice of the filing of an application to make a refund, as
provided in rule 1206of the Rules Regulating Practice and Procedure.

(c)

Customer notice. The applicant shall give notice of the filing of an application to make a refund,
as provided in paragraphs 1206(g) and (h) of the Commissions Rules Regulating Practice and
Procedure. Such notice shall also include the requirements of paragraph 2002(d).

2306.

Public Information.

(a)

Business offices and customer service centers. Each LEC shall have one or more business
offices or customer service centers staffed to provide access in person or by telephone to
qualified personnel, including supervisory personnel when warranted, to provide information
relating to services and rates, accept and process applications for service, explain charges on
customers' bills, adjust charges made in error, and generally act as customer service
representatives of the LEC. Toll free calling to the business office and customer service centers
shall be provided to customers.

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(b)

Information available from the business office. Each provider shall, at a minimum, provide the
following information to the public, as applicable and upon request, at each business office open
to the public and may also be available on the providers website:
(I)

Copies of all tariffs and price lists as filed with the Commission;

(II)

For each exchange served by the provider, maps showing the exchange, base rate area
and zone (if applicable) boundaries in sufficient size and detail from which all customer
locations can be determined and mileage and zone charges measured from these
boundaries can be quoted;

(III)

Publicly announced information about the present and intended future availability of
services at the location of a potential customer;

(IV)

Publicly announced information concerning plans for major service changes in the area
served by the provider; and

(V)

Information pertaining to services and rates as proposed in pending tariff, price list, or
rate change filings.

2307.

Directories for Basic Local Exchange Service.

(a)

Publication and distribution of White Pages telephone directories.

(I)

A LEC shall cause White Pages telephone directories to be published annually. A White
Pages telephone directory shall include each exchange served by that LEC and shall list
the name, address, and telephone number of all basic local exchange customers served
by that exchange except for those customers that request omission of their listing from
the directory. Each directory also shall include a list of all exchanges in the local calling
area.

(II)

All White Pages telephone directories shall be revised annually. A LEC may petition the
Commission to extend the life of a directory for good cause shown. A LEC does not need
to petition the Commission to extend the life of a directory unless the current directory will
be in circulation more than an extra three months, for a total life of 15 months or more.

(III)

Upon issuance of a White Pages telephone directory, a LEC shall cause White Pages
telephone directories to be made available and shall ensure that all customers served by
a directory have access to the directory. A LEC satisfies this requirement if it does, or
causes to be done, one of the following:
(A)

provides, free of charge, a White Pages telephone directory to each customer

served by that directory.

(B)

uses the opt-in process, in which event the following apply:

(i)

Code of Colorado Regulations

a customer served by a White Pages telephone directory shall not

receive a directory unless the customer requests a directory;

96

(C)

(ii)

customers served by a White Pages telephone directory shall receive

written and verifiable notice that they will not receive a directory unless
they request a directory; shall receive written and verifiable notice that
they may receive a White Pages telephone directory upon request, free
of charge, and within a reasonable time of the request; shall receive
written instructions informing them how to request a directory; and shall
receive written notice that, even if they do not choose to opt in to any
telephone directory, information required by subparagraphs 2307(b)(III)
through (VI) shall continue to be provided in an alternative printed form.
This information shall be contained in one notice;

(iii)

a customers request for a White Pages telephone directory shall be

verifiable;

(iv)

each customer served by a White Pages telephone directory shall

receive the information required by subparagraphs 2307(b)(III) through
(VI). This information shall be contained in a White Pages telephone
directory that is provided to a customer on request or in an alternative
printed form that is provided to all customers other than those that
request a White Pages telephone directory; and

(v)

the LEC shall maintain records that show the delivery of a White Pages
telephone directory to all customers that are served by the directory and
that requested a directory and shall maintain records that show the
delivery of the alternative printed form to all customers that are served by
the directory and that did not request a directory.

uses the opt-out process, in which event the following apply:

(i)

a customer served by a White Pages telephone directory shall receive,

free of charge, a directory unless the customer chooses not to receive a
directory and informs the LEC of that choice;

(ii)

customers served by a White Pages telephone directory shall receive

written and verifiable notice of the option not to receive a directory; shall
receive written instructions informing them how to request that a White
Pages telephone directory not be provided; shall receive written notice
that, if they choose, they later may request a White Pages telephone
directory and instructions informing them how to make that request; and
shall receive written notice that, even if they choose to opt out of all
telephone directories, information required by subparagraphs 2307(b)(III)
through (VI) shall continue to be provided in an alternative printed form.
This information shall be contained in one notice;

(iii)

a customers request not to receive a White Pages telephone directory

shall be verifiable;

(iv)

a customer that chooses not to receive a White Pages directory later

may request a directory and that request must be verifiable;

(v)

if a customer that chose not to receive a White Pages telephone

directory later requests a directory, the customer shall receive the White
Pages telephone directory free of charge and within a reasonable time of
the request;

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(IV)

(b)

(c)

(vi)

each customer served by a White Pages telephone directory shall

receive the information required by subparagraphs 2307(b)(III) through
(VI). This information shall be contained in a White Pages telephone
directory that is provided to a customer or in an alternative printed form
that is provided to all customers that choose not to receive a White
Pages telephone directory; and

(vii)

the LEC shall maintain records that show the delivery of White Pages
telephone directories to all customers that are served by the directory
and that received the directory and shall maintain records that show the
delivery of the alternative printed form to all customers that are served by
the directory and that chose not to receive a directory.

Upon request from a customer with more than one access line, a White Pages telephone
directory for each access line shall be provided at no charge. A LEC shall provide
additional free White Pages telephone directories in response to a reasonable request
from any customer. Also, upon request from a customer, White Pages telephone
directories for the other exchanges in the customers local calling area shall be provided
at no charge. A copy of each White Pages telephone directory published for each LEC
shall be provided annually to the Commission. Upon written request, public libraries
within the state shall be provided free copies of the White Pages telephone directories for
all exchanges served by the LEC within the state.

Directory information and instructions. Each White Pages telephone directory shall include the
following:
(I)

On the front cover, an indication of the area included in the directory and the month and
year of issue or, alternatively, the month and year through which the directory is effective.

(II)

Telephone service pages that include information on every ILEC and CLEC with listings
included in the directory.

(III)

On the first page of the directory, information pertaining to emergency calls, such as for
the police and fire departments, including "9-1-1."

(IV)

If provided by governmental public safety agencies, alternative numbers to use in case of

an outage of the 9-1-1 system and non-emergency numbers to reduce inappropriate use
of 9-1-1; this information shall be contained in, or shall be referenced conspicuously in,
the front part of the directory.

(V)

Instructions for placing local calls and long distance calls; instructions for placing calls to
repair and directory assistance services; the business office website, if applicable; and
the telephone number of the LECs business offices appropriate to the area served by the
directory.

(VI)

In a prominent manner in the instructional section of the directory, notice of the

Commissions current toll free telephone number and notice of the customers right to
make inquiries regarding telecommunications services to the Commission.

Directory assistance and intercept.

(I)

The LEC shall list its basic local exchange customers (except for those customers that
request otherwise) with the directory assistance operators within 72 hours of service
connection.

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(II)

In the event of an error in the listed telephone number or name of any customer by the
LEC and until a new White Pages telephone directory is published, the LEC shall make,
at no charge to the customer, whatever special arrangements are necessary and
reasonable to ensure that calling parties are able to reach the customer whose listed
telephone number or name is in error.

(III)

In the event of an error in the telephone number, name, or address listing of any
customer, the customers correct name, address, and telephone number shall be
included in the databases of directory assistance and intercept operators within 72 hours
of confirmation of the error by the LEC or shall be sent to the providers of these services
within 24 hours if the LEC does not provide its own services. The LEC shall take the
necessary steps to ensure that the error is corrected in the next issue of the White Pages
telephone directory.

(IV)

In the event a customers telephone number is changed, the correct number shall be in
the databases of directory assistance and intercept operators within 72 hours of the
number change or shall be sent to the providers of these services within 24 hours if the
LEC does not provide its own services.
(A)

Whenever a customers telephone number is changed at the request of the

customer after a directory is published, the LEC shall provide intercept service for
all calls to the former number for a reasonable period but not fewer than 60 days.
The customer may pay to have the intercept recording include the customers
new number.

(B)

If the telephone number change is due to the initiative of the LEC, the LEC shall
provide intercept service for all calls to the former number for 60 days or the
remaining life of the directory, whichever is greater. The intercept recording shall
include, at no charge to the customer, the customers new number.

2308.

Local Exchange Service Standards.

(a)

Basic service standard. As part of its obligation to provide adequate basic local exchange service,
each LEC shall construct and maintain its telecommunications network so that the
instrumentalities, equipment, and facilities within the network shall be adequate, efficient, just,
and reasonable in all respects in order to provide the following services or capabilities to each of
its customers within its service area:
(I)

Individual line service or its functional equivalent constructed and maintained to meet the
general parameters and characteristics of rule 2337;

(II)

Voicegrade access to the public switched network;

(III)

Dual tone multifrequency signaling capability (Touchtone) or its functional equivalent on

the local access line;

(IV)

Facsimile and data transmission capability with the public switched network when the
customer uses modulation/demodulation devices rated for such capability, in particular,
the capability to transmit two-way communications between a person using a
telecommunications device or other nonvoice terminal device and a person using other
customer premises equipment within the bandwidth of voicegrade access;

(V)

The local exchange usage necessary to place calls to or receive calls from all local
exchange access lines within a Commission approved local calling area;

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(b)

(VI)

Access to emergency services;

(VII)

Access to toll services;

(VIII)

Customer billing to the extent described in rule 2304;

(IX)

Public information assistance to the extent described in rule 2306;

(X)

Access to operator services;

(XI)

White page directory listing as described in paragraphs 2307(a) and (b);

(XII)

Access to directory assistance and intercept to the extent described in paragraph

2307(c);

(XIII)

Provisioning of service during maintenance or emergencies to the extent described in

rule 2335; and

(XIV)

Any LEC that has also been designated as a POLR must offer basic local exchange
service by itself as a separate tariff offering, however:
(A)

This subparagraph does not preclude the LEC/POLR from also offering basic
local exchange service packaged with other services; and

(B)

If basic local exchange service is packaged with other services, the rate for the
bundled package service must be at or below the rate that would be charged if
the basic local exchange service and the optional features were charged
individually.

Universal service availability standard. In order to maintain a reasonable uniformity between all
localities in the state for adequate basic local exchange service in the ordinary course of its
business pursuant to its CPCN, each LEC shall construct and maintain its telecommunications
network so as to provide for universal (i.e., ubiquitous) availability of the following services or
capabilities when requested by a customer within its serving area:
(I)

The basic service standard defined in paragraph 2308(a);

(II)

E9-1-1 service, either by providing the necessary facilities and identification

(name/number, etc.) information to a BESP or as provided by the LEC under rules 2130
through 2159; and

(III)

Services to which the customer may voluntarily subscribe:

(A)

Services that deny or limit access to toll providers; and

(B)

Services that deny access to other information service providers.

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(c)

2309.

Local calling area standards. Local calling areas as established by the Commission shall meet
either the community of interest or incremental extended service criteria. Any provider that is
granted authority to offer basic local exchange service in an exchange, or for any part of the
exchange, for which the Commission has previously established a local calling area, shall provide
at least one option to its customers that includes that same local calling area, unless modified by
order of the Commission. In general, and to the extent possible, each local calling area shall:
(I)

Allow customers to place and receive calls without payment of a toll charge to 9-1-1, their
county seat, municipal government, elementary and secondary school districts, libraries,
primary centers of business activity, police and fire departments, and essential medical
and emergency services;

(II)

Be provided in both directions between the two exchange areas; and

(III)

Not exhibit any discontinuities (i.e., an exchange area physically located between two
exchanges that is not included in a local calling area that serves the two exchanges).

Expanding a Local Calling Area.

The Commission shall consider requests for an expanded local calling area through the following
processes: the Commission's own motion; a biennial review of calling volumes between exchanges
conducted by Commission Staff; an application filed under the alternative criteria standard; or a petition
filed under the incremental extended area service standard.
(a)

Biennial reviews. Staff shall conduct a statewide review of calling volumes biennially to analyze
whether a community of interest exists between exchange areas. All LECs and toll providers shall
comply with Staffs data requests and shall provide data and information on monthly calling
volumes for exchanges in their respective serving territories.
(I)

Criteria. If the following criteria are met, a community of interest is determined to exist,
and the Commission shall open an investigative docket to examine further the expansion
of the local calling area. When the exchange area under consideration for an expansion
of a local calling area:
(A)

Includes the Denver Metro exchange, a calling rate of at least 24 calls per
customer per month to the Denver exchange, with at least eight calls per
customer per month made by at least 50 percent of the customers from the
smaller exchange will demonstrate a community of interest;

(B)

Includes the Colorado Springs exchange, a calling rate of at least eight calls per
customer per month to the Colorado Springs exchange, with at least three calls
per month made by at least 50 percent of the customers from the smaller
exchange will demonstrate a community of interest;

(C)

Includes the Fort Collins, Grand Junction, Greeley, or Pueblo exchange, a calling
rate of at least six calls per customer per month to the Fort Collins, Grand
Junction, Greeley, or Pueblo exchange, with at least two calls per month made
by at least 50 percent of the customers from the smaller exchange will
demonstrate a community of interest; or

(D)

Does not include any of the exchanges named in subparagraphs (I)(A) through
(I)(C), a calling rate from the smaller exchange area under consideration of at
least four calls per customer per month to the larger exchange with at least two
calls per month made by at least 50 percent of customers will demonstrate a
community of interest.

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(b)

(II)

Rate increment. If a local calling area is expanded as a result of meeting the calling
criteria of the biennial review, any rate increment shall be determined by apportioning the
cost among all customers in the entire serving territory of the affected LEC(s).

(III)

Data between biennial reviews. During the period between biennial reviews, a LEC, a
majority of the elected representatives of the city or town from either of the exchange
areas impacted by the proposed expansion, or a majority of the county commissioners
from either of the exchange areas impacted by the proposed expansion may submit an
application requesting that the Commission review the local calling volumes for a
particular set of exchanges. Commission Staff will request the call data from the affected
LEC(s) and toll providers. If the resulting data meets the appropriate criteria, the
Commission will open an investigative docket to examine further the expansion of the
local calling area.

(IV)

An application under subparagraph (III) shall include the following:

(A)

The information required by paragraph 2002(b); and

(B)

The information and documentation relied upon by the applicant to identify the
circumstances that have changed sufficiently to justify a review outside the
biennial review process.

Alternate criteria standard. The Commission shall also consider requests for the expansion of a
local calling area based upon evidence other than calling volumes to demonstrate that a
community of interest exists between exchanges.
(I)

To have a request processed under the alternate criteria standard, an application shall be
filed by either the affected LEC or by a majority of elected representatives of the city or
town or a majority of the county commissioners from the applying local exchange area. If
the application for expansion of a local calling area will result in a local calling area that
crosses county boundaries, then a majority of the county commissioners from the nonapplying local exchange area shall also be signatories to the request.

(II)

Criteria. In evaluating such a request, the Commission shall consider community of

interest issues dictated by urban growth patterns and the present and future availability of
essential services in rural areas. Specific criteria to be used by the Commission in
making its determination shall include the:
(A)

Local calling area standards of paragraph 2308(c);

(B)

Customers calling patterns;

(C)

Location of serving transportation centers;

(D)

Demographic profile of the residents of the exchange(s);

(E)

Location of primary centers of business activity and employment centers;

(F)

Location of employee residences;

(G)

Availability and feasibility of optional calling plans and the level of local and long
distance competition; and

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(H)

(c)

Other pertinent factors such as the results of the most recent biennial review.
However, the calling standards related to the biennial review do not need to be
met if the other data is persuasive.

(III)

Rate increment. If a local calling area is expanded as a result of meeting the alternative
criteria standard, any rate increment shall be determined by apportioning the cost among
all the customers in the entire serving territory of the affected LEC(s).

(IV)

Application contents. The application for an expanded local calling area under the
alternate criteria standard shall include the following:
(A)

The information required by paragraph 2002(b);

(B)

A description of the existing local calling area;

(C)

A description of the proposed local calling area; and

(D)

Information and documentation relied upon by the applicant to support a

conclusion that a community of interest exists based on the criteria identified in
subparagraph (II).

Incremental extended area service standard.

(I)

If the community of interest standard is not met through either the biennial review calling
volume criteria or through the alternative criteria, the option of establishing a two-way
incremental extended area service may be pursued by any one, or more, of the following
submitting a petition to the Commission:
(A)

A LEC serving at least one of the exchanges seeking the expansion;

(B)

A majority of elected representatives of the city or town or a majority of the

county commissioners from the applying local exchange area. If the application
for expansion of a local calling area will result in a local calling area that crosses
county boundaries, then a majority of the county commissioners from the nonapplying local exchange area shall also be signatories to the request; or

(C)

A petition signed by 15 percent or 500 customers, whichever is less, of the

customers in the affected local exchange.

(II)

A joint petition on behalf of both exchanges shall be filed if the petitioners seek recovery
of the costs from customers of both exchanges.

(III)

Criteria. Neither the calling volume criteria nor the alternative criteria standards need be
met for the Commission to evaluate a petition for expanded local calling. Once a petition
is filed, the Commission will open an investigative docket to further examine the local
calling area expansion. The Commission will not open an investigative docket for a
particular exchange more than once every twelve months.

(IV)

Rate increment. If such a petition is filed on behalf of customers in only one exchange,
only the customers in the petitioning exchange shall pay the rate increment for the twoway incremental extended area service. If such a petition is submitted jointly on behalf of
customers in all affected exchanges, customers in all the affected exchanges shall pay
the rate increment.

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(V)

Petition contents. The petition for an expanded local calling area under the incremental
extended area service standard shall include:
(A)

The information required by paragraph 2003(b);

(B)

A description of the existing local calling area; and

(C)

A description of the proposed local calling area.

(d)

Cost study requirements. If the Commission determines that the criteria of either 2309(a)(I) or
(b)(II) are met, or upon the receipt of a valid petition to pursue an incremental extended area
service option under paragraph 2309(c), any LEC providing service in and between the exchange
areas being considered for inclusion in the local calling area shall perform all revenue and cost
analyses necessary to calculate the rate element increment per affected customer (cost study).
The cost study shall be completed by the LEC(s) and submitted to the Commission and
electronically to the Office of Consumer Counsel within 30 days of notification by the
Commission. Staff shall report to the Commission of the filing of the cost study and any
modifications necessary within 15 days of receipt. The Commission shall determine the costs the
affected LEC(s) will be allowed to recover from customers. When the amount of the recoverable
costs is ordered by the Commission, the Commission shall also direct that a letter be sent to the
LEC(s), notifying them of the allowed rate impact and directing the LEC(s) to proceed with the
customer survey. Any issue arising regarding the cost study shall be resolved by Commission
order.

(e)

Customer survey requirements.

(f)

(I)

When a local calling area expansion is proposed and the rate increment is allowed, a
statistically valid survey of all residential customers in the exchange areas being
considered for calling area expansion shall be performed by the affected local exchange
provider(s). The statistical sample of residential customers shall be sized to produce not
more than plus or minus five percent margin of error. The survey shall explain the
proposed expansion of the local calling area and the resultant increase in local rates. The
survey results must demonstrate at least a 50 percent positive acceptance of the local
calling area at the stated rate levels. The customer survey shall be completed within 30
days of Commission notification unless otherwise ordered by the Commission.

(II)

Notwithstanding subparagraph (I), if the cost study results show that the increase in the
monthly rate for basic local exchange service in the non-petitioning local exchange area
represents less than a 0.5 percent increase, a residential customer survey need not be
conducted in the non-petitioning local exchange area.

(III)

In the case of the incremental extended area service option, a statistically valid survey
only of residential customers in the petitioning exchange area(s) shall be performed by
the LEC(s) at the expense of the petitioners. The statistical sample of residential
customers shall be sized to produce not more than plus or minus five percent margin of
error. The survey shall explain the proposed expansion of the local calling area and the
resultant increase in local rates. The survey results must demonstrate at least a 66
percent positive acceptance of the local calling area at the stated rate levels. The
customer survey shall be completed within 30 days of Commission notification unless
otherwise ordered by the Commission.

When the cost study and customer survey requirements have been met, the Commission will
issue an order indicating the complying exchanges and setting the procedural schedule for
conducting any required public hearings. The applicant or petitioner shall have the burden of
going forward and the burden of proof.

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(g)

LECs may offer a lower priced alternative to full flat-rate local service, such as measured rate
service and/or a message rate service. They may also offer a combination local service
comprised of a smaller local calling area for a lower priced flat rate with local measured and/or
message rate service to the rest of the local calling area, or they may offer a larger local calling
area for a higher flat rate, as long as the LEC continues to offer the Commission-ordered local
calling at the original rate. This rule does not in any way negate a carrier's responsibility to pay
applicable access charges.

(h)

If community of interest standards are not met, the Commission will generally rely on long
distance competition, local competition, and optional calling plans that assess additional charges
only to participating customers to meet customer demand for alternate or expanded calling.

(i)

While nothing in rules 2308 or 2309 shall impose on any LEC an obligation to construct facilities
or relieve any LEC of any obligation to construct facilities otherwise provided for by applicable law
or Commission directive, to the extent facilities are constructed, they shall comply with all
statutory and Commission requirements.

2310.

Availability of Service -- Adequacy of Facilities.

Each LEC shall employ prudent management planning practices, including budgeting and prioritizing
resources, to ensure that adequate facilities and equipment are in service to provide service to
prospective customers in its service territory and in areas certificated to the LEC in conformance with the
LEC's line extension policy.
(a)

(b)

Line extension policies. Each LEC shall maintain, as part of its tariffs, the rules, regulations,
circumstances, terms, and conditions under which line extensions or extensions of service by the
LEC will be made in order to render service to a prospective end user within the exchange area.
A LECs line extension tariffs:
(I)

Shall not discriminate among the LECs prospective customer by class of service;

(II)

Shall include rate schedules for service connections, extensions, and line mileage, as
applicable;

(III)

Shall provide a construction credit to prospective customers which reflects the amount of
its capital investment that is supported by customers revenues, the CHCSM, and all
other price support mechanisms established by the federal and state governments if the
LEC receives support from such price support mechanisms (i.e., its supported costs); and

(IV)

Shall be on file at a business location in Colorado or may be on the providers website,

and shall be available for inspection by the public during normal business hours.

Date of application for service.

(I)

When a customer orders service and the LEC is not required to provide a construction
charge estimate prior to providing service at the customer's premises, the date of
application for service shall be the date of the first oral or written customer contact with
the LEC to request service.

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(II)

(c)

(d)

When a customer orders service and the LEC is required to provide a construction
charge estimate prior to providing service at the customer's premises, the date of
application for service shall be the date on which the customer makes payment or partial
payment of initial construction charges, regardless of whether the customers project is
an individual construction project or is included as part of a group construction project. If
the LEC has to recalculate the construction charges for a group construction project as
the result of adding customers to the group or removing customers from the group, the
date of application for service remains as the date the customer first made payment or
partial payment of the initial construction charges. If no payment is required from the
customer, the date of application for service is the date the estimate was provided to the
customer.

Information to be provided to residential or small business customers at the time of application for
service.
(I)

At the time of the first customer contact to apply for service, the LEC shall provide the
customer an order number. If construction charges are, or may be required to provide the
customer service, the customer shall be informed during the first customer contact that
construction may be required to provide service. The LEC must subsequently inform the
customer within 30 days of the customer's first contact that construction will be required
and a construction charge estimate is necessary before the LEC quotes the estimated
construction charge. If the tariffs of the LEC require the payment of an engineering fee
prior to the provision of a construction charge estimate, the customer shall be informed of
the required fee at the time of second customer contact.

(II)

The LEC shall specifically ask customers who contact the LEC to inquire about service
availability if the customer desires to initiate, at that time, a request for service. The LEC
shall not discourage the customer from placing an order at the time of such inquiry and
shall use the date the provider offers for service or a date otherwise agreed upon with the
customer for service as the due date for installation.

(III)

A LEC shall provide any information and assistance necessary to enable customer to
choose from the lowest cost jurisdictional telecommunications service or other
alternatives it provides which conform to the customers or applicants stated needs.

(IV)

The LEC shall inform customers of the potential of future facility unavailability when the
LEC is experiencing or forecasting facility unavailability in specific areas. The LEC shall
allow customers to reserve basic local exchange service at the appropriate tariff rate (i.e.,
vacation service) and shall inform customers of this option.

Construction charge estimate.

(I)

When a customer orders service and the tariff of the LEC requires the provision of a
construction charge estimate, the LEC shall provide to the customer, within 30 days from
the date of the customer's request for an estimate, a good faith written cost estimate of
the amount of the required payment. If the tariff of the LEC requires the payment of an
engineering fee prior to the provision of a construction charge estimate, the payment of
the engineering fee shall be notice to the LEC that the customer desires a construction
charge estimate to be performed within 30 days. For group applications, the 30 days
commence after all applicants have paid the required engineering fee. The good faith
written cost estimate shall inform the customer that receipt of payment or partial payment
is required before the customer's request will be considered an application for service.

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(e)

Notices to residential and small business customers.

(I)

(f)

All customers who are not provided service within ten days of the date of application for
service or by the customer's requested date for service, whichever is later, shall be
provided a written notice by the LEC, stating the order number assigned by the LEC to
the application for service, the general status of the order, and a phone number to call
with questions. This notice shall be postmarked on or before the 15th day after the date of
application.

Provision of basic local exchange service.

(I)

Applicability. Time frames for providing basic local exchange service and any remedies
associated with not providing service by these time frames shall apply to all applications
for service for the primary (first) residential and primary (first) business lines at a
residential premises and the first two lines at a business premises. This rule shall not be
applicable in geographic areas where the Commission has found basic local exchange
service to be effectively competitive.

(II)

Time frames for provision of service.

(A)

Each LEC shall provide 95 percent of its customers with primary basic local
exchange service no later than ten days from the date of the customer's
application for service, except that when the customer requests a later date of
service, the service shall be provided by the requested date, unless construction
of new facilities is required in which case subparagraph (B) below shall apply.
Failure to provide basic local exchange service for at least 95 percent of primary
service orders placed in each of the LECs wire center serving areas within the
time set forth in this subparagraph shall constitute a violation of this rule. The
LEC shall provide primary basic local exchange service to the remaining five
percent of customers within 30 days of the application date for service. Failure to
provide basic local exchange service for the remaining five percent of primary
service orders placed in each of the LECs wire center serving areas within the
time set forth in this subparagraph shall constitute a violation of this rule.

(B)

A LEC that relies on wholesale services purchased from an underlying facilities

based provider shall provide 95 percent of its customers with primary basic local
exchange service no later than five days from the date of the provisioning of the
underlying wholesale service, except that when the customer requests a later
date of service, the service shall be provided by the requested date, unless
construction of new facilities is required in which case subparagraph (B) below
shall apply. Failure to provide basic local exchange service for at least 95 percent
of primary service orders placed in each of the LECs wire center serving areas
within the time set forth in this subparagraph shall constitute a violation of this
rule. The LEC shall provide primary basic local exchange service to the
remaining five percent of customers within 30 days from the provisioning of the
service by the underlying wholesale provider, except that when the customer
requests a later date, the service shall be provided by the requested date. Failure
to provide basic local exchange service for the remaining five percent of primary
service orders placed in each of the LECs wire center serving areas within the
time set forth in this subparagraph shall constitute a violation of this rule.

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(C)

Subject to the exceptions in subparagraph (i) below, if construction of new

facilities is required, the LEC shall provide that customer with basic local
exchange service no later than 90 days from the date of the customer's
application for service.
(i)

(III)

(IV)

(g)

(h)

When construction is required during the months of October through

May, or when construction is required in counties that have construction
moratoriums in place, a LEC shall provide primary basic local exchange
service no later than 150 days from the date of the customers
application for service.

Remedies to customers not receiving basic local exchange service within 30 days.
(A)

If a LEC fails to provide basic local exchange service within 30 days, the LEC
shall provide a remedy to the customer for the first residential and the first
business line at a residential premises and for the first two lines at a business
premises included in the initial order. These remedies shall continue to be
provided until the customer receives the basic local exchange service.

(B)

Remedies shall include a credit that shall be applied to the customer's account
no later than the second bill issued for service that has been provided in an
amount at least equal to the pro rata monthly local exchange service charge for
each day thereafter that service is not provided, a monthly credit up to $40 to
reimburse the cost of a temporary alternative to basic local exchange service and
an installation charge waiver. These monthly credits shall accrue until the
customer receives basic local exchange service.

Other remedies. The credits and installation charge waivers described in subparagraph
(III) shall be offered in addition to, and not in lieu of, any other remedy available to the
customer or the Commission, including, but not limited to:
(A)

An order by the Commission that the LEC provide basic local exchange service
by a date certain;

(B)

An order by the Commission that the CPCN to provide local exchange service is
deemed null and void or is revoked by the Commission, either in whole or in part;
or

(C)

Penalties under 40-7-105, C.R.S.

Procedure for variance of this rule. LECs may seek a variance of any part of this rule, subject to
all the following limitations:
(I)

A request by a LEC for a blanket variance shall not be granted. Requested variances for
individual customers, or individual developments or areas, shall be considered.

(II)

A variance may be granted only in those instances where the LEC has demonstrated a
good faith effort to comply with the provisions of this rule and the Commission finds that
good cause exists to grant the variance.

(III)

All LECs may request a variance from the Commission by application that sets forth in
detail the grounds upon which the variance is sought.

For reports required for services held more than 90 days, see paragraph 2006(c).

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2311.

Changing Provider/Carrier Presubscription.

(a)

Definitions. The following definitions apply only in the context of this rule.

(b)

(I)

"Authorized carrier" means any telecommunications carrier chosen by the subscriber in

accordance with the procedures specified in this rule. Authorized carrier can refer to a
LEC, intraLATA long distance carrier or interLATA long distance carrier.

(II)

"Electronic authorization" means approval for any carrier change that is initiated by a
telephone call, either by the subscriber or by an independent third party.

(III)

"Executing carrier" means any telecommunications carrier that implements a request that
a subscriber's telecommunications carrier be changed.

(IV)

"Slamming" means any change in an end-use subscribers presubscription to a

telecommunications service that is made without appropriate consent of the customer.

(V)

"Submitting carrier" means any telecommunications carrier that requests that the
subscriber's telecommunications carrier be changed.

(VI)

"Subscriber" means any one of the following:

(A)

The party identified in the account records of a carrier as responsible for payment
of the telephone bill;

(B)

Any adult person authorized by such party to change telecommunications

services or to charge services to the account; or

(C)

Any person (e.g., a payphone agent or building owner) who is contractually or

otherwise lawfully authorized to represent such party.

(VII)

"Unauthorized carrier" means any telecommunications carrier that is providing

telecommunications service to a subscriber without the subscriber's authorization.

(VIII)

"Unauthorized change" means a change to a subscriber's carrier of telecommunications

service that is made without the subscriber's authorization in accordance with the
procedures specified in this rule.

Verification of orders for service.

(I)

No telecommunications carrier shall submit or execute a change in a subscriber's

authorized carrier except in accordance with the procedures in this rule.

(II)

No submitting carrier shall request a change in a subscriber's authorized carrier prior to

obtaining the subscriber's authorization by one of the following methods:
(A)

A written or electronically signed (Internet or e-mail) letter of agency.

(i)

Code of Colorado Regulations

A submitting carrier shall obtain a written or electronically signed letter of

agency to obtain authorization to change a subscriber's authorized
carrier. Any letter of agency that does not conform to this rule is void.

109

(B)

(ii)

The letter of agency shall be a separate document or shall be located on

a separate screen or web page including only the authorizing language
described below. The sole purpose of the letter of agency is to authorize
a carrier change. The letter of agency shall be signed and dated by the
subscriber. The letter of agency shall not be combined with inducements
of any kind on the same document, screen or web page. A letter of
agency shall not be valid if it is presented to the customer for signature in
connection with a sweepstakes or other game of chance.

(iii)

The letter of agency may be combined with checks that include only the
required letter of agency language prescribed and the necessary
information to make the check a negotiable instrument. The letter of
agency check shall not include any promotional language or material.
The letter of agency check shall include, in easily readable, bold-faced
type on the front of the check, a notice that the subscriber is authorizing
a carrier change by signing the check. The letter of agency language
also shall be placed near the signature line on the back of the check.

(iv)

At a minimum, the letter of agency shall be printed in a sufficiently sized

and readable type to be clearly legible and shall include clear and
unambiguous language, in separate statements, that confirms: the
subscriber's billing name and address, and each telephone number to be
covered by the authorized carrier change order; the decision to change
the authorized carrier from the current telecommunications carrier to the
soliciting carrier; the subscriber's approval for the submitting carrier to act
as the subscriber's agent for the respective authorized carrier change;
the subscriber's understanding that one carrier can be, but does not have
to be, the subscriber's authorized carrier for local exchange, intraLATA
toll, and interLATA toll services (or any combination of these services) for
any one telephone number (although a separate letter of agency for each
choice is not necessary); and the subscriber's understanding that a
change in an authorized carrier may involve a charge to the subscriber.

(v)

Letters of agency shall not suggest or require that a subscriber take

some action in order to retain the customer's current authorized carrier.

(vi)

If any portion of a letter of agency is translated into another language,

then all portions of the letter of agency must be translated into that
language.

(vii)

Letters of agency submitted with an electronically signed authorization

must include the customer disclosures required by 101(c) of the
Electronic Signatures in Global and National Commerce Act.

Telephone call initiated by a subscriber. The subscriber must place a telephone

call to the carrier of choice. The carrier shall obtain the subscriber's authorization
that must confirm the subscriber's billing name and address, the decision to
change to the new carrier, and the subscriber's understanding of the executing
carrier's change fee. The submitting carrier electing to confirm a change in
service electronically shall establish one or more toll free telephone numbers
exclusively for that purpose. Calls to the toll free number(s) shall connect a
subscriber to a voice response unit or similar mechanism that records the
required information regarding the carrier change, including automatically
recording the originating number using Automatic Number Identification (ANI).

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(C)

Third-party verification.
(i)

An independent third-party verifier shall not be owned, managed,

controlled, or directed by the carrier or the carrier's marketing agent;
shall not have any financial incentive to confirm authorized carrier
change orders for the carrier or the carrier's marketing agent; and shall
operate in a location physically separate from the carrier or carrier's
marketing agent.

(ii)

Automated third-party verification systems and three-way conference

calls may be used for verification purposes as long as the requirements
of subparagraphs (II)(C)(iii) and (iv) are satisfied.

(iii)

A carrier or carrier's sales representative initiating a three-way

conference call or a call through an automated verification system shall
drop off the call once the three-way connection has been established.

(iv)

All third-party verification methods shall elicit, at a minimum: the identity

of the subscriber; confirmation that the person on the call is authorized to
make the carrier change; confirmation that the person on the call intends
to make the carrier change; the telephone number(s) to be switched; and
the types of services involved in the change. Third-party verifiers may not
market the carrier's services by providing additional information,
including information regarding authorized carrier freeze procedures.

(v)

All third-party verifications shall be conducted in the same language that

was used in the underlying sales transaction and shall be recorded in
their entirety. Automated systems shall provide customers with an option
to speak with a live person at any time during the call.

(c)

A telecommunications carrier shall submit an authorized carrier change on behalf of a subscriber

within three days of obtaining the subscriber's authorization.

(d)

Authorized carrier freeze.

(I)

An authorized carrier freeze prevents a change in a subscriber's authorized carrier unless

the subscriber gives consent to make a change.

(II)

A LEC may offer carrier freezes for local exchange, intraLATA toll, and interLATA toll
services to its subscribers. If a LEC offers carrier freezes they shall be offered at no
charge and on a non-discriminatory basis to all subscribers regardless of the subscriber's
carrier selections.

(III)

LECs shall conduct an education program upon initiation of service to a subscriber, which
informs the subscriber of the option to freeze his choice of carrier(s) and the effects of
freezing the selection of a telecommunications carrier.

(IV)

Authorized carrier freeze procedures, including any solicitation, shall clearly distinguish
among telecommunications services (e.g., local exchange, intraLATA toll, and interLATA
toll) subject to an authorized carrier freeze. The carrier offering the freeze shall obtain
separate authorization for each service for which an authorized carrier freeze is
requested.

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(V)

(VI)

(e)

(g)

All carrier-provided solicitation and other material regarding an authorized carrier freeze
shall include the following:
(A)

An explanation, in clear and neutral language, describing an authorized carrier

freeze and which services may be subject to a freeze; and

(B)

A description of the specific procedures necessary to lift an authorized carrier

freeze, an explanation that these steps are in addition to the Commission's
verification provisions in paragraph (b), and an explanation that a provider will be
unable to make a change in carrier unless the subscriber cancels the freeze.

No LEC shall implement or cancel an authorized carrier freeze unless the subscriber's
request to impose or cancel a freeze has first been confirmed in accordance with one of
the following procedures:
(A)

The LEC has obtained the subscriber's written or electronically signed

authorization in a form that meets the requirements as a letter of agency; or

(B)

The LEC has obtained the subscriber's electronic authorization in a form that
meets the requirements of paragraph (b).

Tariff filing requirements. Each LEC shall file a tariff describing the subscribers options regarding
freezing their authorized carriers.(f) Enforcement.
(I)

A carrier that violates any provision included in these rules is subject to enforcement and
penalties as provided in Articles 1-7 and 15 of Title 40, C.R.S.

(II)

Upon notification from a subscriber of a change to another telecommunications carrier

without authorization, the executing carrier shall switch the subscriber's line(s) back to the
authorized carrier at no charge to the subscriber.

(III)

A telecommunications carrier that initiates an unauthorized change in a subscriber's

authorized telecommunications carrier, i.e., an unauthorized carrier, in violation of this
section is liable:
(A)

To the subscriber, the subscriber's previously selected carrier, or both, as

determined by the Commission, for all intrastate long distance charges, all
interstate long distance charges, local exchange charges, carrier switching fees,
the value of any premiums to which the customer would have been entitled, and
other relevant charges incurred by the subscriber during the period of the
unauthorized change; and

(B)

To the executing carrier for the change fees associated with the unauthorized
change.

Waiver for the sale or transfer of subscribers.

(I)

A telecommunications carrier that acquires, through a sale or transfer, part or all of

another carrier's subscriber base, shall comply with all the following provisions:

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(A)

No later than 45 days prior to the planned transfer of the affected subscribers
from one carrier to another, the acquiring carrier shall file with the Commission
an application for waiver of this rule. The application shall include the names of
the parties to the transaction, the types of telecommunications services to be
provided to the affected subscribers, and the proposed date of the transfer. This
application for waiver shall also include a copy of the notice that will be sent to
the affected subscribers.

(B)

The notice to subscribers shall be provided at least 45 days prior to the transfer
or sale. The acquiring carrier is required to fulfill the obligations set forth in the
notice. The notice shall, in addition to the requirements of paragraph 2002(d)(I) (XII), include:
(i)

The proposed date on which the acquiring carrier will become the
subscriber's new carrier of telecommunications;

(ii)

The rates, charges, terms, and conditions of the service(s) to be

provided by the acquiring carrier upon the transfer or sale;

(iii)

A statement that the acquiring carrier will be responsible for any charges
associated with the transfer to the new carrier;

(iv)

A statement that reflects the subscriber's right to select a different

authorized carrier for the telecommunications service(s), if an alternative
carrier is available;

(v)

A statement that all subscribers receiving notice, even those with an

authorized carrier freeze(s) in place, will be transferred to the acquiring
carrier, unless the subscriber selects a different carrier before the
transfer date;

(vi)

A statement that an existing authorized carrier freeze(s) will be lifted to

execute the transfer, and advising the customer to ask the new carrier to
institute a freeze after the transfer; and

(vii)

The toll free customer service number of the acquiring carrier.

2312.

IntraLATA Equal Access.

(a)

References in this rule to Part 32, Part 36, and Part 64 Subparts I and K are references to rules
issued by the FCC and are incorporated by reference as identified in rule 2008.

(b)

Requirement. All companies offering basic local exchange service shall provide intraLATA equal
access to all intraLATA IXCs.

(c)

Customer notification for carrier selection. Customers commencing service shall be informed by
the LEC of their intraLATA and interLATA toll carrier options at the time that service is requested,
and shall be allowed to select both their primary interLATA and intraLATA carrier(s) at that time.

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(d)

(e)

Scope of intraLATA equal access.

(I)

Zero-plus (0+) calls, in which the caller dials 0 plus a local number; zero-minus (0-) calls,
in which the caller dials 0 and no further digits; abbreviated dialing arrangements
included in rules 2740 through 2799; cellular 1+ calling-party-pay calls; 976; 676; and 1+
area code (+555+1212 calls) shall be processed by the customers local exchange
carrier.

(II)

In-WATS calls (1+ 800/888), "follow me" or "go anywhere" service (1+ 500), interactive
information service calls (1+ 700), and information service calls (1+ 900) are not subject
to these intraLATA equal access rules.

(III)

1+ interLATA calls; 0+ interLATA calls; 00- calls, in which the caller dials "00" and no
further digits; and 1+NPA+555+1212 interLATA calls shall be processed by the caller's
presubscribed interLATA toll carrier.

(IV)

1+ intraLATA calls and 0+ intraLATA calls shall be routed to the customer's primary
intraLATA toll carrier.

(V)

No charge shall be imposed for a customer's initial selection of a primary intraLATA or

interLATA interstate carrier or for a choice of no presubscribed carrier.

(VI)

No change order for a primary intraLATA or interLATA interstate toll carrier shall be
submitted to a LEC until the order has been confirmed pursuant to the procedures set
forth in rule 2311 and 47 C.F.R., Part 64, Subpart K.

Use of customer information for marketing purposes. Customer information in the possession of
the LEC provided in conjunction with a white pages telephone directory listing shall be made
available to all requesting IXCs. In making customer information available, the LEC shall
safeguard and refuse access to any and all customer information entitled to protection and
confidentiality as required by applicable federal and state laws. The LEC may charge for the
information based on the total service long-run incremental cost of providing the information.
Information relating to customers subscribing to non-published or non-listed telephone number
service shall not be made available to the LEC itself or any other carriers for the purpose of
marketing intraLATA toll services.

2313. - 2329.

[Reserved].

Quality of Services Provided to the Public

2330.

Applicability.

Rules 2330 through 2359 regulate the provision of intrastate telecommunications services and facilities to
the public and apply to all providers of telecommunications services subject to the jurisdiction of the
Commission. These rules do not apply to specific services in geographic areas where the Commission
has found that effective competition exists.
2331.

Definitions [Reserved].

2332.

Incorporation by Reference.

References in these rules to Part 68 are references to rules issued by the FCC and have been
incorporated by reference as identified in rule 2008.

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2333.

Construction and Maintenance of Plant and Equipment -- Generally.

The telecommunications plant of the provider shall be constructed, installed, maintained and operated in
accordance with good engineering practice in the telecommunications industry to assure, as far as
reasonably possible, uniformity in the quality of service provided and the safety of persons and property.
2334.

Construction and Maintenance Practices.

(a)

Minimum standard. The provider shall use, as a minimum standard of accepted good engineering
practice, the 2002 National Electric Safety Code, as identified in rule 2008.

(b)

For any telecommunications plant constructed or installed prior to February 5, 2001, the minimum
standard of accepted good engineering practice shall be the edition of the National Electric Safety
Code in effect at the time of beginning construction or installation of the telecommunications
plant.

(c)

Telecommunications plant that is constructed, installed, maintained, or operated in accordance

with the National Electric Safety Code in effect at the time of its construction or installation shall
be presumed to comply with accepted good engineering practice in the telecommunications
industry and the provisions of this rule. However, all direct buried cables connecting the network
interface at the customer's premises to the network facilities of the provider shall be permanently
buried, as practical, at least 12 inches below the final surface grade as known at time of
installation. All other direct buried communication cable shall, at minimum, be buried at depths
required for supply cable of similar voltage as specified in the National Electric Safety Code.

(d)

The provider shall use as a minimum standard of safe practice 47 C.F.R., Part 68, dated October
1, 2002, for the interconnection of new or existing telecommunications plant of the provider with
terminal equipment of a customer.

(e)

The provider shall coordinate with other entities concerning construction work initiated by itself, or
other entities, that may affect its facilities used for serving the public. For example, the provider
shall:
(I)

Economically minimize construction expenditures by coordinating construction with other

entities, such as the joint use of trenches for cable, where joint construction is both safe,
cost effective, and in the best interest of the provider;

(II)

Take reasonable action to protect service to the public, such as identifying the location of
underground facilities that may be affected by construction work for other entities;

(III)

Maintain a database or some other form of quickly accessible information at its facilities
sufficient to allow facility location coordination and participation in a program on a
statewide basis to minimize service interruptions caused by accidental cutting of cables;
and

(IV)

Engage in coordination with electric power utilities in the area prior to constructing new
plant or a major rebuild of existing plant that may be impacted by inductive interference
from the electric power systems.

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(f)

Each provider shall adopt a program of periodic tests, inspections, and preventative maintenance
aimed at achieving efficient operation of its system to permit the rendering of safe, adequate, and
continuous service at all times as recognized by general practices within the telecommunications
industry. The presence of inductive interference, cut-offs, cross-talk, and excessive noise
generation by communication system facilities are symptomatic of inadequate service, and a
maintenance program shall be designed to minimize or prevent those occurrences. The provider
shall maintain its system to meet the applicable service adequacy standards defined in rules 2336
through 2341.

(g)

The provider shall keep records of the tests and inspections necessary to meet industry and
Commission service standards on file in its office for review by the Commission. These records
shall show the nature of the equipment tested or inspected, the reason for the test or inspection,
the general conditions under which the test or inspection was made, the results of the test or
inspection, and any corrections made as a result of the test or inspection.

2335.

The Provision of Service During Maintenance or Emergencies.

The following paragraphs describe minimum standards for maintaining service.

(a)

Each LEC shall make reasonable provisions to meet emergencies resulting from: power failures;
sudden and prolonged increases in traffic; staff shortages; and fire, storm, or acts of god. Each
LEC shall issue instructions to its employees identifying procedures to be followed in the event of
an emergency in order to prevent or mitigate interruptions or impairment of telecommunications
service.

(b)

In the event of a commercial power failure, the provider shall furnish a minimum of four hours of
backup power or battery reserve rated for peak traffic load requirements from the provider's
power source to the network interface in landline (coaxial, fiber, or copper) applications in order to
support existing basic service to lines that use a traditional ringer. A mobile power source shall be
available that can be delivered and connected within four hours. Additional battery reserve
capacity beyond the four-hour minimum shall be provided based on the consideration of the
following local conditions:

(c)

(I)

Reasonable travel time (the time from personnel call-out through arrival at the facility);

(II)

Time for procuring and transporting the portable engine to the site, placing it in position,
and connecting it to the load;

(III)

Number of sites serviced by one engine (commercial power failures may simultaneously
affect more than one facility); and

(IV)

Frequency and duration of past commercial power failures.

All local central offices, toll switching or tandem switching offices, repeater huts, microwave radio
sites, and other interoffice facilities requiring LEC-supplied power shall have available a minimum
of four hours of battery reserve (or backup power) rated for peak traffic load requirements. If the
facility is not continuously attended by trained personnel, or does not include a permanent
auxiliary power unit, additional battery reserve shall be installed to provide for travel time. Travel
time is the time from personnel call-out through arrival at the facility.
(I)

In central offices with capacity for more than 10,000 access lines, or in toll or tandem
switching offices, a permanent auxiliary power unit shall be installed. If the auxiliary
power unit requires manual-start and transfer, one hour additional battery reserve shall
be installed.

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(II)

For central offices serving fewer than 10,000 lines, repeater huts, microwave radio sites,
and other interoffice facilities requiring power, a mobile power source shall be available
which can be delivered and connected. Additional battery reserve capacity beyond the
four-hour minimum shall be installed by the LEC at these locations based on the
consideration of the following local conditions:
(A)

Reasonable travel time (the time from personnel call-out through arrival at the
facility);

(B)

Time for procuring and transporting the portable engine to the site, placing it in
position, and connecting it to the load;

(C)

Number of sites serviced by one engine (commercial power failures may

simultaneously affect more than one facility); and

(D)

Frequency and duration of past commercial power failures.

(d)

Service interruptions for an extended time due to maintenance requirements shall be performed
at a time that causes minimal inconvenience to impacted customers. The LEC shall take
reasonable steps to notify the customer in advance of extended maintenance requirements. The
LEC shall also make emergency service available when the provider knows that the service
interruption affects 1,000 or more access lines and when the provider knows, based upon the
prior experience of the LEC, that the interruption may last more than four hours during the hours
of 8 a.m. to 10 p.m. If the LEC cannot provide emergency service, it shall file a report of the
occurrence as required by paragraph 2143(h).

(e)

Each LEC shall develop a general contingency plan to prevent or minimize any service
interruptions due to the catastrophic loss of a central office switch that serves more that 10,000
access lines or is the toll or tandem switching office for 10,000 access lines. The plan shall
describe the actions and systems installed to prevent or minimize the probability of such an
occurrence as well as describe the actions and systems available to minimize the extent of any
incurred service interruption.

2336.

Adequacy of Service.

(a)

Each LEC and toll service provider shall employ prudent management and engineering practices
so that sufficient equipment and adequate personnel are available at all times, including the
average busy hour of the busy season. To meet this objective, each LEC and toll service provider
shall conduct traffic studies, employ reasonable procedures for forecasting future service demand
and maintain the records necessary to demonstrate to the Commission that sufficient equipment
is in use and that an adequate operating force is provided.

(b)

The criteria for quality of service defines a minimum acceptable standard for the most basic
elements of telecommunications service. The rules do not attempt to define all criteria for all
service applications or the most desirable service level for any basic element except for the
minimal acceptable standard. In the event this subchapter does not cover a specific service
element, the provider shall meet generally accepted industry standards for that element and the
total service. Organizations that are recognized for establishing standards that may be
appropriate for telecommunications services provided in this state include the IEEE, ANSI, the
Rural Utility Service (RUS), and the FCC.

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(c)

The standards within this subchapter establish the minimum acceptable quality of service under
normal operating conditions. They do not establish a level of performance to be achieved during
the periods of emergency, catastrophe, natural disaster, severe storm, acts of terrorism, acts of
negligent or willful misconduct by a customer or third parties including but not limited to outages
originating from the introduction of a virus onto the providers network, or other events affecting
large numbers of customers nor shall they apply to extraordinary or abnormal conditions of
operation, such as those resulting from work stoppage, civil unrest, or other events for which a
provider may not have been expected to accommodate, or which are outside of the providers
control including but not limited to failure of the customer to permit the provider reasonable
access to its facilities, equipment or customer premise, and delay caused by local, state, federal
or tribal government entities in approving easements or access to rights of way. To the extent
such conditions affect the measurement records required or the ability of the provider to meet any
other service standards, it is the responsibility of the provider to separately document the duration
and magnitude or effect of such occurrences in its records.

2337.

Standard Performance Characteristics for Customer Access Lines.

LECs shall construct and maintain all local access lines used for individual line service to meet generally
accepted industry standards as the specifications evolve and improve over time. Organizations that are
recognized for establishing standards that may be appropriate for local access lines include the IEEE, the
ANSI and the FCC. Specifications for unbundled network elements may also be appropriate for
establishing such standards. At a minimum, each LEC shall construct and maintain all local access lines
used for individual line service so that the following parameters and performance characteristics are met:
(a)

Performance classifications as used in this rule describe the operating performance range:
(I)

Recommended range: ensures the most desirable performance.

(II)

Acceptable range: is outside the recommended region, but that provides satisfactory
performance.

(III)

Substandard range: provides unacceptable performance. Performance within this range

requires that the LEC shall initiate appropriate repair work.

(b)

Bandwidth. Bandwidth for voicegrade access shall be, at a minimum, 300 to 3,000 Hertz.

(c)

Loop loss. The performance of an access line is considered acceptable when the transmission
insertion loss, as measured at the interface with the LEC network at the customer's location and
including any losses in central office equipment, does not exceed 8.5 dB at 1004 + 20 Hertz (Hz).

(d)

Frequency response characteristics:

(I)

Three-tone slope deviation. Three-tone slope deviation is the loss deviation at 404 Hz
and 2804 Hz relative to the actual measured loss (AML) -16 dBm0 at 1004 Hz. Threetone slope deviation from AML shall be within the following performance ranges:

Three-Tone Slope Deviation from Actual Measured Loss

Frequency
Deviation
Performance Category
404 Hz & 2804 Hz
Less than -1.5 dB
Substandard
404 Hz & 2804 Hz
-1.5/+9.5 dB
Acceptable
404 Hz & 2804 Hz
Greater than +9.5 dB
Substandard

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(II)

Attenuation distortion. Attenuation distortion is the loss variation measured over the
indicated frequency ranges relative to the AML -16 dBm0 signal at 1004 Hz. Attenuation
deviation from AML shall be within the following performance ranges:

Attenuation Distortion from Actual Measured Loss

Frequency
Deviation
Performance Category
504 Hz & 2504 Hz
-1.5 to +7.5 dB
Acceptable
404 Hz & 2804 Hz
-1.5 to +9.5 dB
Acceptable
304 Hz & 3004 Hz
-2.5 to +11.5 dB
Acceptable
(e)

Loop current. Local access line current is the metallic direct current flowing in the circuit at the
customer interface during the talk and signaling states or during the idle line state. Local access
line current shall be equal to or greater than 20 milliamps (ma).

(f)

Loop noise. Noise is defined as unwanted disturbances superimposed on a useful signal that
tends to obscures its information content.
(I)

C-message noise.
(A)

Noise Level (dBrnC)

20
> 20 and 30
> 30
(B)
(II)

Customer access lines used for individual line service that are less than 30,000
feet in length shall be constructed and maintained so that a measure of the Cmessage circuit noise from the network interface at the customer's premises to
and including the central office termination shall meet the following performance
thresholds:
C-Message Weighted Noise
Performance Category
Recommended
Acceptable
Substandard
All other local access lines shall be maintained so that the measured C-message
circuit noise does not exceed 30 dBrnC.

kHz FLAT noise. Circuit noise, as measured using the "3 kHz FLAT" weighting, shall
meet the following performance thresholds:

3 kHz FLAT Weighted Noise

Noise Level (dBrn 3 kHz FLAT)
Performance
Category
40
Recommended
> 40 and 60
Acceptable
> 60
Substandard
(III)

Power influence. Power influence, as measured as C-message weighted longitudinal

noise, shall meet the following performance thresholds:

C-Message Weighted Longitudinal Noise

Noise Level (dBrnC)
Performance Category
80
Recommended
> 80 and 90
Acceptable
> 90
Substandard

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(g)

Longitudinal balances. Longitudinal balance (circuit balance), as measured as the difference

between power influence (dBrnC) and circuit noise (dBrnC), shall meet the following performance
thresholds:

Circuit Balance
Balance (dB)(C-Message)
50
> 50 and 60
> 60
(h)

Performance Category
Substandard
Acceptable
Recommended

Testing. Each LEC shall, as good utility practice, engage in testing its physical plant for all the
following purposes:
(I)

Identifying potential trouble (routine, preventive, or proactive testing).

(II)

Locating or specifying the type of circuit problem or deficiency (diagnostic testing).

(III)

Determining the appropriate course of action upon receipt of a customer trouble report to
resolve the customer trouble report. Upon receipt of a trouble report pertaining to the
LECs network, the LEC shall test the local access line. The records of these test results
shall be maintained pursuant to subparagraph 2005(c)(VII). The test results shall be
made available to the customer, upon request. This information shall be provided to the
Commission upon request.

2338.

Interexchange Trunk Connections.

(a)

LECs and toll providers shall construct and maintain sufficient trunking facilities to ensure that 95
percent of the sampled toll calls have from a minimum of 3db to a maximum of 12dB of
transmission loss at 1000 + 20HZ. Providers shall construct and maintain trunk facilities used
solely for providing extended area service to ensure that 95 percent of the sampled calls,
excluding calls between central offices in the same building, have from a minimum of 2dB to a
maximum of 9dB of transmission loss at 1000 + 20HZ with the measured loss for any trunk
directly connecting two central offices not exceeding 6.0dB. These measurements are for trunk
side access connections and include losses associated with the originating and terminating
central offices.

(b)

The allowable message circuit noise measure, as measured between the line side of the
originating central office and the line side of the terminating central office, for sampled calls on
interexchange trunk connections shall be:

2339.

(I)

No more than 31 dBrnC for offices located less than 50 miles apart;

(II)

No more than 35 dBrnC for offices located 50 to 100 miles apart; and

(III)

No more than 38 dBrnC for offices located greater than 100 miles apart.

PBX and Multiline Channels.

The provisions of rule 2337 for individual service local access lines shall apply to facilities connecting the
network interface for switching and intercommunication among stations at the customer's premises to the
line side of the serving central office. However, for access line lengths of less than 18,000 feet, if
transmission insertion loss exceeds 8.5dB at the station set of the customer, the responsibility of the LEC
shall be limited to providing a channel with no more than 6.5dB loss as measured from the customer's
interface with the LEC network to and including the central office.

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2340.

Network Call Completion Requirements.

(a)

Direct dialed calls.

(I)

The LEC shall construct and maintain sufficient central office local usage message path
capacity, interoffice channel capacity, and other necessary facilities to meet the following
minimum requirements during any normal busy hour:
(A)

Dial tone within three seconds for 98 percent of call attempts on the switched
network;

(B)

Correct termination of 98 percent of properly dialed intraoffice or interoffice calls

within an extended service area; and

(C)

Correct termination of 98 percent of properly dialed intraLATA or interLATA calls

when the call is routed entirely over the network of the LEC.

(II)

Unless otherwise authorized by the Commission, a provider of intrastate toll services

shall maintain sufficient switching and network channel capacities and other necessary
facilities so that 98 percent of properly dialed toll calls are correctly terminated.

(III)

A dialed call shall be considered properly terminated if:

(A)

The calling party receives an indication of ringing, a ringing signal is delivered to

the station location of the called party, the called party answers, and a
connection is established between the calling and called parties;

(B)

If the called number is busy, the calling party receives a busy signal; or

(C)

A call to a non-working code or inoperative customer number is directed to the

intercept service of the LEC.

(IV)

A dialed call shall not be considered properly terminated if a connection cannot be

established between the calling and called parties, and the calling party receives an
overflow announcement or an overflow signal that is different from the called party busy
signal.

(V)

All toll providers that use connections provided from the line side of the central office of
the LEC or connections that require use of a special access code to reach the provider, in
addition to using trunk side connections without this requirement provided by the LEC at
this or any other central office, shall order sufficient quantities of switched access service
from the LEC to maintain the same blocking probability on those connections as the
provider normally establishes for trunk side connections without the access code
requirement using similar assumptions of customer toll calling demand. Normally, the
Commission shall consider a .01 blocking probability to be a desirable parameter for
ordering switched access service from a LEC.

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(b)

Operator-assisted calls.
(I)

All communications between customers shall be considered as confidential in nature. The

provider shall take reasonable action to minimize the potential access of other entities to
those communications. Operators or employees of the provider shall not listen to any
conversation between customers unless there is an operating necessity. Operators shall
not repeat or divulge the nature of any local or long distance conversation, nor divulge
any information inadvertently overheard. The provider is responsible for compliance with
this paragraph by both its employees and the employees of other entities that perform
this service on behalf of the provider.

(II)

Suitable rules and instructions shall be adopted by each provider and followed by
employees or other entities employed by the provider governing the language and
operating methods to be used by operators during assistance to customers. Specifically,
operators shall be instructed to be courteous, considerate, and efficient in the handling of
all customer calls. Any required call timing for jurisdictional operator-assisted calls shall
accurately record when the customer requested connection is established and when it is
terminated.

(III)

Each provider offering operator assistance to the public shall provide a service that can
answer 85 percent of intercept, toll, and local assistance calls within ten seconds.

(IV)

Other calls directed to the published telephone numbers for service repair or the business
offices of the LEC or toll providers shall be answered either by a company representative
or a voice-response mechanized unit within an average wait time of 150 seconds. Each
business day during any month for which the standard was not obtained for the published
telephone number associated with the respective service center or business office shall
be deemed a separate violation of this paragraph. When the average wait time exceeds
150 seconds in any month for any service center or business office, a written report
listing each offending service center or business office shall be submitted to the
Commission within 31 days from the end of the month in which the standard was not met.
For each violation listed, the report shall identify the percent of calls answered, the
reason for failure to meet the 150 second average wait time standard, the remedial action
the LEC has taken, and any known results of that remedial action.

(V)

The measurement records for determining the minimum acceptable call completion
criteria described under subparagraphs (III) and (IV) may be adjusted, as allowed under
paragraph 2336(c), for the circumstances specifically described within subparagraph
2304(a)(IV)(B) and paragraph 2336(c).

(VI)

An answer shall mean that either a company representative or a voice response or

mechanized unit menu is ready to assist the customer or accept information necessary to
process the call. An acknowledgement that the customer is waiting on the line shall not
constitute an answer. A dropped call shall not be considered an answer. An answer shall
not mean either directing the call to a company representative or mechanized system
incapable of providing assistance to the customer or directing the call to a system that will
only take a message from the customer.

2341.

Trouble Report Response.

(a)

Maximum acceptable numbers of reports. Each LEC shall maintain its network so as to minimize
customer trouble reports for jurisdictional services economically; however, trouble reports shall
not exceed eight reports per 100 access lines per month per wire center, averaged over a threemonth period. An occurrence of a violation of this paragraph shall be considered as each month
that exceeds this criterion for the wire center in question. However, the first month in a calendar
year that a wire center does not meet this criterion is not considered to be a violation.

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(b)

Allowable response time.

(I)

The response of a LEC to customer trouble reports shall be such that 85 percent of all
out-of-service reports, for each wire center are cleared within 24 hours for each month. A
separate occurrence of a violation of this subparagraph shall be considered as each
month for which the criterion was not met in each wire center served by the LEC.

(II)

When fewer than 85 percent of trouble reports for any month for any wire center are not
cleared within 24 hours, a written report listing each offending wire center shall be
submitted to the Commission within 31 days from the end of the month in which the
standard is not met. For each violation listed, the report shall identify the percent of
trouble reports cleared within 24 hours, the reason for falling below the standard, the
remedial action the LEC has and will take in the future to meet the standard, and the date
the wire center is expected to meet or exceed the standard.

(III)

This criterion excludes the following occurrences to the extent the LEC can separately
document the number of such occurrences:
(A)

Reports for non-jurisdictional services or services of another provider; and

(B)

Situations where LEC access to the customers premises is required, but is not
available for reasons outside the control of the LEC.

(c)

The measurement records for determining the maximum acceptable number of reports and the
allowable response time may be adjusted, as allowed under paragraph 2336(c), for
circumstances specifically identified in subparagraph 2304(a)(IV)(B) and paragraph 2336(c).

(d)

Response priorities. The LEC shall give priority to and initiate repairs, regardless of the hour, for
customer trouble reports that may affect the publics health and safety.

(e)

Customer notification. If the LEC cannot clear the reported trouble within 24-hours for out of
service reports and within 48-hours of other trouble reports the LEC shall inform the customer of
an estimate of when the service or trouble report will be cleared.

(f)

Appropriate adjustments to the customer's bill shall be automatically made by the LEC for
jurisdictional service interruptions pursuant to subparagraph 2304(b)(IV)(A).

2342. - 2359.

[Reserved].

Collection and Disclosure of Personal Information

Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to regulate the collection and disclosure of personal information
obtained by providers and to identify procedures for protecting the personal information of the providers
customers.
The statutory authority for the promulgation of these rules is found at 40-3-102, 40-4-101, and 40-2108, C.R.S.
2360.

Applicability.

Rules 2360 through 2399 apply to all providers regulated under Title 40, Article 15, Parts 2 and 3, C.R.S.

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2361.

Definitions.

The following definition applies only in the context of rules 2360 through 2399.
(a)
2362.

Customer proprietary network information has the same meaning as the meaning given
to such term in 47 U.S.C. 222(h)(1).

Incorporation by Reference.

Except as provided in paragraph 2361(a), the Commission incorporates by reference the regulations
published in 47 C.F.R. 64.2003, 64.2005, 64.2007, 64.2008, and 64.2009, as identified in rule 2008.
2363. - 2399.

[Reserved].

COSTING AND RATES

Cost Allocation
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to: prescribe methodologies that prevent the price of deregulated
services from being set below cost by use of subsidization from customers of regulated services; and
prescribe cost-allocation methodologies for the segregation of intrastate investments and expenses for
providers that offer both regulated and deregulated telecommunications services.
The statutory authority for the promulgation of these rules may be found at 40-15-108(2) and 40-2108, C.R.S.
2400.

Applicability.

(a)

Except as specifically provided otherwise, rules 2400 through 2459 apply to all intrastate
providers who provide both regulated and deregulated telecommunications services as permitted
by law.

(b)

Except as otherwise specifically noted, rule 2415 is applicable to rural telecommunications

providers, as defined in 40-15-102(24.5), C.R.S., that:
(I)

Are not average-schedule companies as defined in 47 C.F.R. 69.605 to 69.610

(average-schedule LEC); and

(II)

Have opted to have their access charges regulated by the Commission in accordance
with 40-15-105(2), C.R.S.

(c)

Rule 2416 is applicable to all rural telecommunications providers.

(d)

CLECs are exempt from paragraph 2404(a), rule 2406, and paragraphs 2407(b) through (f), and,
under specific circumstances, paragraph 2405(a).

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2401.

Definitions.

The following definitions apply only in the context of rules 2400 through 2459.
(a)

"Cross-subsidization" occurs when telecommunications services which are not subject to the
jurisdiction of the Commission (deregulated services) are priced below cost by use of
subsidization from customers of services subject to the jurisdiction of the Commission (regulated
services); or when a provider's deregulated services derive benefits from the regulated operations
without the regulated operations receiving just and reasonable compensation from the
deregulated operations for the benefits derived.

(b)

"Fully distributed costs" (FDC) means the costs derived by assigning the total historical costs of
the firm to individual products or services using cost accounting, engineering, and economic
standards. FDCs include not only all costs related to the provision of service but also the return
on investment.

2402.

Incorporation by Reference.

References in these rules to Parts 32, 36, 64, and 69 are references to rules issued by the FCC and have
been incorporated by reference, as identified in rule 2008.
2403.

Applicability to Specific Types of Services.

(a)

Each provider shall file with the Commission a list of each service that it offers, providing a
description of such service and its classification of service as a regulated or deregulated
telecommunications service, as those terms are used in Title 40, Article 15, C.R.S., and as
determined by the Commission. This list shall be updated as changes occur.

(b)

Providers are permitted to continue accounting for non-tariff services as regulated services when
they are offered incidental to tariff services provided that all of the following conditions are met:

(c)

(I)

The non-tariff services are outgrowths of regulated operations.

(II)

The total revenue from all non-tariff services does not exceed:
(A)

For all providers except rural telecommunications providers, one percent of the
provider's total annual Colorado operating revenue for regulated services; for
rural telecommunications providers, seven percent of such provider's total annual
Colorado operating revenue for regulated services; or

(B)

The provider-specific revenue levels as ordered by the Commission.

(III)

The service is a non-line-of-business service.

(IV)

The service has traditionally been treated as an incidental service.

Providers are permitted to continue accounting for deregulated de minimis services, which have
traditionally been offered in conjunction with tariff services, as regulated services provided that
the following conditions are met:
(I)

The sum of the revenues from the incidental services of paragraph (b) and these de
minimis deregulated services does not exceed:

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(II)

(A)

For all providers except rural telecommunications providers, one percent of the
provider's total annual Colorado operating revenue for regulated services; for
rural telecommunications providers, seven percent of such provider's total annual
Colorado operating revenue for regulated services, provided that the rates
charged for such de minimis deregulated services are compensatory; or

(B)

The provider-specific revenue levels as ordered by the Commission.

The service has traditionally been treated as a de minimis service.

(d)

Providers shall specify precisely which services they propose to treat as incidental services and
which services they propose to treat as de minimis services.

(e)

Each provider shall demonstrate that any activity proposed for treatment as either an incidental
service or as a de minimis service complies with this rule.

2404.

Uniform System of Accounts.

(a)

All providers shall maintain their books and records in accordance with FCC regulations found at
47 C.F.R., Part 32, Class A, except for rural telecommunications providers, who may use 47
C.F.R., Part 32, Class A or Class B.

(b)

In the event a provider, other than a CLEC, is authorized by the FCC to maintain its books of
account and records in a manner other than under the USOA, it may seek a variance from
paragraph (a) allowing it to maintain its books of account and records as permitted by the FCC.
However, the provider requesting such a variance shall implement a suitable alternate method of
producing Colorado intrastate-specific information to the Commission.

(c)

Providers who were already authorized by the Commission prior to April 30, 1990, to maintain
their books of account and records in a manner other than the USOA need not seek a variance
from paragraph (a) and are authorized to continue maintaining their books of account and records
in the manner previously authorized by the Commission.

(d)

CLECs are automatically exempt from paragraph (a). However, a CLEC shall implement a
suitable alternate method of producing Colorado intrastate-specific information to the
Commission.

2405.

State-Interstate Separation of Costs.

(a)

Any provider that provides facilities or equipment for use by customers or providers of interstate
telecommunications services shall apply federal cost allocation and separations principles as
described in 47 C.F.R., Part 64 (The Cost Allocation Manual) and 47 C.F.R., Part 36 (The
Separations Manual).

(b)

A provider, other than a CLEC, which is not required by the FCC to apply the Part 36 rules may
apply for a variance of paragraph (a) as it relates to Part 36. However, the provider requesting
such a variance shall implement a suitable alternate method of producing Colorado intrastatespecific information to the Commission.

(c)

If a CLEC has been given an exemption by the FCC from either Part 64 or Part 36, it is
automatically exempt from all corresponding requirements of paragraph (a). However, the CLEC
shall implement a suitable alternate method of producing Colorado intrastate-specific information
to the Commission.

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2406.

Cost Segregation Standards Generally.

For purposes of these rules, and in order to comply with 40-15-106 and 40-15-108(2), C.R.S.:
(a)

All providers of telecommunications services may perform a FDC study for Commission use. In
performing an FDC study, all providers shall follow generally accepted cost accounting and cost
causation principles.

(b)

When performing a FDC study the following cost-segregation principles shall be used by all
providers (listed in descending order of preferred application):
(I)

Cost causation: Costs are assigned to all services that cause those costs to be incurred.

(II)

Traceability: Costs that are identified in their entirety with a specific service are directly
assigned to that service.

(III)

Variability: Costs that are not directly traceable to a particular service, but do vary in total
with some measure of the volume of activity that is associated with services, are
segregated according to the estimated rate of variability.

(IV)

Capacity Required: Costs of capacity are assigned according to whether they are
necessary for the performance of the service.

(V)

Beneficiality: A service benefits from a cost if that cost is necessary to render that
service.

(c)

Any investments or expenses that are used jointly by two or more different services or that are
used in common by services shall be segregated among all of those services using allocators
that, to the maximum extent practicable, track how those costs are incurred.

(d)

Consistent with FCC Docket 86-111, adopted December 23, 1986, paragraph 131, these rules do
not require or suggest the sole use of Cost Accounting Standards Board (CASB) standards.

(e)

The method for segregating investments and associated expenses which are common or jointly
used shall ensure that all services that use those investments and expenses are allocated a
portion of the joint investments and expenses. Incremental marginal cost studies will not be
accepted for the purposes of this rule.

2407.

Specific Cost-Segregation Standards and Guidelines.

(a)

All investments and expenses attributable to interstate jurisdictional services are to be allocated
using applicable federal rules. Each provider shall be able to demonstrate that such rules have
been properly applied.

(b)

Each service shall be treated specifically in the cost-segregation procedure. There shall be a
description of each service provided by the provider that identifies the service, the service family,
and describes how the service or service family is provided. Unless the service qualifies for
treatment as an incidental service under paragraph 2403(b) or a de minimis service under
paragraph 2403(c), sufficient information about the service shall be given to determine the
appropriate cost categories to be employed.

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(c)

In order to provide a consistent approach to segregating all costs, the Commission requires that
the following factors be applied (listed in descending order of preferred application):
(I)

Costs shall be directly assigned whenever possible. Directly assignable costs are defined
as those costs that can be attributed only to a specific service (this employs the
Traceability principle in subparagraph 2406(b)(II)). Where more than one service uses an
investment or causes a cost to be incurred, direct assignment is inappropriate.

(II)

Methods of segregating common or joint investments and expenses shall use the
provider's own engineering and service-provisioning design criteria as the primary
assumptions (this employs the Variability principle in subparagraph 2406(b)(III)). When
design criteria are used, the segregation method employed shall include the following to
the maximum extent possible:
(A)

If the service incorporates amounts of use that vary by time period and the
engineering design criteria are sensitive to the peak-period usage (for example,
end office or toll switching), then the segregation method shall also follow the
engineering cost causation.

(B)

Common or joint costs that vary in direct proportion to the relative amounts of
use of a service shall be segregated based upon those relative amounts of use.

(III)

Common or joint costs that do not vary in direct proportion to the relevant amounts of use
of the service shall be segregated by a surrogate measure that has a logical or
observable correlation to the use of the service (this employs the Capacity Required
principle in subparagraph 2406(b)(IV)); except that a time-reporting method of allocation
shall be used for certain labor-intensive items as required in subparagraph (IV).

(IV)

A time-reporting method of allocation shall be used for labor-intensive customer

operations, service related expenses, or investments of significance. The allocation of
joint marketing (USOA Account Number 6610), operator services, local business office,
and planning costs shall employ actual time-reporting methods for the allocation, if not
directly assigned.
(A)

An allocation method that uses statistically valid samples based on time reporting
is permissible.

(B)

A method other than a strict time-reporting allocation method may be approved

by the Commission if it can be verified that the surrogate method is reasonably
related to the expense being allocated.

(V)

Residual common marketing expenses that cannot be directly assigned or directly or

indirectly attributed shall be allocated using a general marketing allocator. This allocator
shall be derived from the previously assigned or attributed marketing expenses between
regulated and deregulated operations.

(VI)

Common costs for which there is no direct or indirect measure of allocation shall be
segregated using an appropriate general allocator that is based upon total expenses
otherwise assigned (this employs the beneficiality principle in subparagraph 2406(b)(V)).

(d)

General allocators shall be used only in exceptional cases and, then, only when the justification
for their use is fully explained.

(e)

Providers shall provide the Commission with all the data necessary to verify the cost segregation.

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(f)

It is inappropriate to allocate investments or expenses associated with the newly developed

services exclusively to existing services. As new services begin to use joint and common
investments and expenses are incurred, the methods of segregation shall be modified to track the
usage and expenses.

2408.

Implementation and Enforcement.

(a)

A certified audit report shall be filed with the Commission when a provider files a general rate
case, which includes requests for a change in revenue requirements, a change in the spread of
rates, a change in rate base, and a change in the rate-of-return.

(b)

A provider seeking any change in revenue requirements shall have the burden of demonstrating
that the change is based on cost information and standards established by these rules.

2409.

Informational Requirements.

Each provider subject to these rules shall provide the following information:
(a)

A description of each service provided by the provider that identifies the service, the service
family, and describes how the service or service family is provided in order to provide sufficient
information about the service to ascertain its cost treatment.

(b)

A statement of whether the service is regulated or deregulated. The statement shall also identify
the services subject to a Commission decision and order if, in association with these services, the
provider is required by the Commission to file an accounting plan that segregates assets,
liabilities, revenues, and expenses in order to define rate base and to implement alternatives to
rate-of-return regulation in accordance with rule 2205.

(c)

A list of all services that the provider now treats as incidental services, that are accorded
incidental accounting treatment, and the justification for treating each service as incidental.

(d)

A list of all services which the provider now treats as de minimis services, accords de minimis
accounting treatment, and the justification for treating each as de minimis.

(e)

If the provider is a local exchange provider, a chart showing all corporate affiliates and a
statement identifying those affiliates that engage in transactions (as described in rule 2413) with
the provider and describing the nature, terms, and frequency of those transactions.

2410.

Reporting and Record Keeping.

(a)

Each provider shall keep records and all supporting documentation for cost segregations for two
years following the close of the fiscal year associated with the records.

(b)

Each provider, except rural telecommunications providers, shall file with the Commission its
segregated financial statements as part of its annual report.

2411.

Auditing.

(a)

Certified auditor's reports required under paragraph 2408(a) shall include the following
information:
(I)

The scope of work conducted, specifying the items examined and the extent of
examination;

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(II)

The auditor's conclusion as to whether actual methods and procedures designed and
implemented by the provider conform to the procedures described in these rules;

(III)

Any material exceptions or qualifications that the auditor may have identifying the
adequacy of the procedures;

(IV)

Any limitations in the scope of review imposed upon the auditor by the provider; and

(V)

A statement that the attestation standards have been fully met during the examination.

(b)

Any work papers used by independent auditors shall be made available for Commission Staff
review. The provider shall authorize the release of such work papers by the auditors to the Staff
of the Commission.

2412.

Confidential Information.

The certified auditor's report, detailed specifications, documentation, supporting information, and
Appendix B may be treated as confidential pursuant to applicable Commission rules governing
confidential information.
2413.

Affiliate Transactions - Local Exchange Providers.

(a)

Transactions with affiliates involving asset transfers or provision of services into or out of the
regulated accounts shall be recorded by the provider in its regulated accounts as provided in
paragraphs (b) through (e).

(b)

Transfer of assets:

(c)

(I)

Assets sold or transferred between a provider and its affiliate pursuant to a tariff shall be
recorded in the appropriate revenue accounts at the tariff rate. Non-tariffed assets sold or
transferred between a provider and its affiliate that qualify for prevailing price valuation as
defined in paragraph (d) shall be recorded at the prevailing price.

(II)

All other assets sold by or transferred from a provider to its affiliate shall be recorded at
either fair market value or net book cost, whichever is higher. All other assets purchased
by or transferred to a provider from its affiliate shall be recorded at either fair market
value or net book cost, whichever is lower. For purposes of this subparagraph, providers
shall make a good faith determination of fair market value.

Valuation of services provided to or by an affiliate:

(I)

Services provided between a provider and its affiliate pursuant to a tariff shall be
recorded in the appropriate revenue accounts at the tariff rate. Non-tariff services
provided between a provider and its affiliate pursuant to publicly-filed agreements
submitted to the Commission pursuant to section 252(e) of the Communications Act of
1934 or statements of generally available terms pursuant to section 252(f) shall be
recorded using the charges appearing in such publicly-filed agreements or statements.
Non-tariff services provided between a provider and its affiliate that qualify for prevailing
price valuation, as defined in paragraph (d), shall be recorded at the prevailing price.

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(II)

All other services provided to an affiliate shall be recorded at the greater of fair market
value or FDC. All other services received by a provider from its affiliate shall be recorded
at either fair market value or FDC, whichever is lower, except that services received by a
provider from an affiliate which exists solely for the purpose of providing services to
members of the providers corporate family shall be recorded at FDC. For purposes of
this subparagraph, providers shall make a good faith determination of fair market value.

(d)

In order to qualify for prevailing price valuation, sales of a particular asset or service to third
parties shall be greater than 50 percent of all such products or services sold by an entity.
Providers shall apply this 50 percent threshold on an asset-by-asset, service-by-service basis,
rather than on a product line or service line basis. In the case of transactions for assets and
services subject to 272 of the Communications Act of 1934, a RBOC may record such
transactions at prevailing price regardless of whether the 50 percent threshold has been satisfied.

(e)

Income taxes shall be allocated among the regulated activities of the provider, its non-regulated
divisions, and members of affiliated groups. If income taxes are determined on a consolidated
basis by the provider and other members of an affiliated group, the income tax expense to be
recorded by the provider shall be the same as if determined for the provider separately for all time
periods, except that the tax effect of carry-back and carry-forward operating losses, investment
tax credits, or other tax credits generated by operations of the provider shall be recorded by the
provider during the period they are applied in settlement of the taxes otherwise attributable to any
member, or combination of members, of the affiliated group.

(f)

All providers, except rural telecommunications providers and interexchange providers, shall
provide a statement identifying all affiliates that engage in transactions with the provider and
describing the nature, terms and frequency of those transactions as defined below.

2414.

(I)

Nature of transactions. The provider shall state, for each service transaction, whether the
service involves the provision of services or asset transfers and how such transactions
are accomplished.

(II)

Terms of affiliate transactions. The provider shall state the terms at which the service is
provided (i.e., at a tariff rate, the prevailing market price, or at the FDC).

(III)

Frequency of affiliate transactions. The provider shall state the frequency with which the
service is rendered.

Affiliate Transactions - Interexchange Providers.

Notwithstanding any provisions of these rules to the contrary, interexchange providers shall file
contemporaneously with the Commission any reports they are required to file with the FCC concerning
affiliate transactions pursuant to 47 C.F.R., Part 64.
2415.

Separation of Colorado Intrastate Access Costs.

(a)

Pursuant to 40-15-108(1), C.R.S., each rural telecommunications provider who provides

facilities or equipment for use by interstate customers or providers of telecommunications
services shall separate all investments and expenses associated therewith according to
applicable federal separation procedures and agreements. Prior to separating intrastate costs,
each provider shall segregate its intrastate investments and expenses in accordance with rules
2400 through 2459.

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(b)

Colorado intrastate access costs shall be separated from other jurisdictional costs using the
separation procedures set forth at 47 C.F.R., Part 36, except as follows:
(I)

Common line allocation. As provided in subparagraphs (I)(A) and (B), the lesser of 26.5
percent or twice the subscriber line usage (SLU) as measured by the ratio of intrastate
interexchange holding time minutes of use to total holding time minutes of use applicable
to traffic originating and terminating in the study area, as defined in 47 C.F.R., Part 36,
shall be allocated to Colorado switched access. This allocation factor shall be known as
the "basic allocation factor".
(A)

The basic allocation factor specified in this subparagraph shall be modified by

multiplying it by a weighting factor, which results in the "Colorado basic allocation
factor".
(i)

For rural telecommunications providers reporting an average

unseparated loop cost per working loop less than or equal to 115 percent
of the national average for this cost, the weighting factor shall be one (1).

(ii)

For rural telecommunications providers reporting an average

unseparated loop cost per working loop in excess of 115 percent of the
national average for this cost, the weighting factor shall be 115 percent
of the national average unseparated loop cost per working loop divided
by the rural telecommunications provider's average unseparated loop
cost per working loop.

(B)

The Colorado basic allocation factor shall be used for allocating: Subcategory 1.3
of Exchange Line Cable and Wire facilities, Category 4.13 of Exchange Line
Circuit equipment excluding Wideband, and Category 1 of Other Information
Origination/Termination Equipment.

(C)

Local switching allocations. Except as provided in this subparagraph, the

allocation of Category 3 of Local Switching Equipment shall follow 47 C.F.R.
36.125, using Colorado relative dial equipment minutes of use (DEM) for
interLATA and intraLATA switched access. The Colorado DEM factors shall be
weighted by a factor of 1.5. In no event shall the sum of all the interstate and the
intrastate allocation factors be greater than 0.85. If the arithmetic sum exceeds
0.85, the intrastate allocation factor(s) shall be reduced accordingly.

2416.

Colorado Intrastate Access Charge Elements.

(a)

The rate elements included in the access tariffs of rural telecommunications providers who are
not average-schedule rural telecommunications providers, shall be based on the application of 47
C.F.R. 69.1 to 69.502, to the intrastate access revenue requirement of the rural
telecommunications provider.

(b)

The intrastate access charge elements in the s of average-schedule rural telecommunications

providers shall be set at the average, as determined by the HCSM Administrator, of the access
rate elements of the rural telecommunications providers who are not average-schedule LECs
prevailing at the time that the average-schedule rural telecommunications provider's tariff rate
elements are established. Average-schedule rural telecommunications providers are not required
to modify their access charge elements each time the administrator recalculates the average of
the access charge elements, but each shall comply with the provisions of paragraph 2855(f).
When modified access charge elements are established, through a request by the LEC, a formal
complaint, or other proceeding, the access charge elements shall be set at the then-current
average.

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2417. - 2459.

[Reserved].

Costing and Pricing of Regulated Telecommunications Services

Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to identify standards for determining costs for pricing of regulated
services and to provide guidelines for appropriate market and cost analyses that underlie just and
reasonable rates.
The statutory authority for the promulgation of these rules is found at 40-3-101, 40-3-110, and 40-2108, C.R.S.
2460.

Applicability.

Except as provided by rule 2466, these Costing and Pricing Rules apply to all providers other than CLECs
whose rates the Commission regulates. In the event of any inconsistency between these Costing and
Pricing Rules and the Cost Allocation Rules, the latter shall apply.
2461.

Definitions.

The following definitions apply only in the context of rules 2460 through 2499.
(a)

"Average cost pricing" means the practice of setting the price of a product equal to the average
total cost of that product. Such a result can be achieved by adding a mark-up to the average
variable cost of the product.

(b)

"Average fixed cost" means the sum of the relevant fixed costs of producing a given quantity of
output, divided by the total number of units produced.

(c)

"Average service long-run incremental cost" means the total service long-run incremental cost
divided by the total number of units of the service.

(d)

"Average total cost" means the total cost of producing a given quantity of output, divided by the
total number of units produced. Average total cost equals the sum of average variable cost and
average fixed cost.

(e)

"Average variable cost" means the sum of all variable costs of producing a given quantity of
output, divided by the total number of units produced.

(f)

"Bundling" means a situation in which the rate elements and tariff provisions for a service are
aggregated such that customers are unable to buy some features and functions included within
the aggregation without buying them all.

(g)

"Cost accounting standards" means the assignment of costs to products, services, or customer
classes using the following five criteria:
(I)

Cost causation. Costs are assigned to the revenue-producing products or services that
cause those costs to be incurred;

(II)

Traceability. Costs are assigned using the cost attribute that permits the resources
represented by the costs to be identified in their entirety with a revenue-producing
activity;

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(III)

Variability. Costs that vary in total with variations in some measure of the volume of
activity that is associated with the revenue-producing product or service but that are not
traceable to a revenue-producing product or service, are assigned to the revenueproducing product or service based upon the estimated rate of variability;

(IV)

Capacity required. Costs of capacity are assigned according to whether they are
necessary for the performance of the service; and

(V)

Beneficiality. Costs are assigned to various services based upon the degree of benefit
derived by each service.

(h)

"Direct cost" means a cost specifically identifiable with the production of an individual service.
These costs would not be incurred if the service was not offered.

(i)

"Economies of scale" exist if the average cost of producing any group of services increases less
than proportionately to an increase in quantity of those services.

(j)

"Economies of scope" exist if the cost of producing any group of services by one firm is less than
the sum of the costs of producing the same group and quantities of those services by two or more
firms providing mutually exclusive subsets of those services.

(k)

"Elasticity of demand" means the percentage change in the quantity demanded of a service,
divided by the percentage change in the price of the service.

(l)

"Elasticity of supply" means the percentage change in the quantity supplied of a service, divided
by the percentage change in the price of the service.

(m)

"Fixed cost" means a cost that does not vary with respect to the volume of output within the
specified planning horizon. Such a cost must be paid regardless of how many units the firm
produces, or whether it produces at all, as long as the firm does not withdraw entirely from the
relevant market.

(n)

"Fully distributed costs" (FDC) means the costs derived by assigning the total historical costs of
the firm to individual products or services using cost accounting, engineering, and economic
standards. FDCs include not only all justifiable costs related to the provision of service but also
the return on investment.

(o)

"Functional component" means a cost element or group of cost elements representing the
smallest feasible level of unbundling capable of being in a tariff and offered as a service.

(p)

"Historical costs" are the investments or expenses incurred at the time an input or resource is
purchased. Such costs are not necessarily equal to the current cost of replacing the input or
resource and are directly obtainable from accounting records of the provider.

(q)

"Imputation" means the practice of including the tariff price of a Part II or fully regulated Part III
service in the price floor for the service in question, where:
(I)

Part II or fully regulated Part III services are bundled with other services; or

(II)

Part II or fully regulated Part III services are used as inputs to provide either a final or
intermediate service.

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(r)

"Incremental service incremental cost" means the change in total cost resulting from increasing
(or decreasing) the quantity of output of a service by a small number of units, divided by that
small number of units. If total cost changes in a continuous fashion as output changes and the
increment is sufficiently small, incremental service incremental cost approximates marginal cost.

(s)

"Joint cost" means a cost that occurs when the production process involves intermediate or final
outputs that maintains fixed proportions with respect to two or more services.

(t)

"Long-run costs" means the costs incurred by a firm within a specified planning horizon where all
elements of the production process can be varied, including the size and type of facilities and
other used resources.

(u)

"Marginal cost" means a theoretical change in total cost resulting from an extremely small change
in output. In mathematical terms, marginal cost is the first derivative of the total cost function with
respect to output.

(v)

"Marginal cost pricing" means the theoretical practice of establishing the price of a product equal
to the marginal cost of the last unit of output of the product.

(w)

"Market power" means any power exerted by a firm in a market where the competitive process
cannot produce the theoretical outcomes and benefits of perfect competition. The degree of
market power is determined by a consideration of the following factors:
(I)

The relevant market, as determined by service and geographic substitutability on both the
demand and supply sides of the market.

(II)

The market share of the particular service held by the regulated provider in the relevant
market.

(III)

The supply responsiveness (or elasticity) of competitors in the relevant market, as

determined by an assessment of entry and expansion conditions of competitors.

(IV)

The market demand characteristics in the relevant market. (For example, the more elastic
the total market demand the more customers view other services as substitutes or
alternatives for the provider's service.)

(x)

"Monopoly", in the strictest sense, means a situation in which the sole supplier of a service for
which there are no substitutes has many buyers of that service. The simple economic analysis of
monopoly relaxes the assumption of no substitutes, but assumes that the monopolist faces a
relatively stable and predictable downward-sloping market demand curve.

(y)

"Natural monopoly" exists if a single firm produces its set of outputs at less cost than could be
achieved by dividing that set among two or more firms.

(z)

"Overhead costs" means shared costs related to the production of all services offered by a firm.

(aa)

"Perfect competition":
(I)

A market structure is perfectly competitive when the following conditions prevail:

(A)

There are a large number of firms each with an insubstantial share of the market;

(B)

The firms possess perfect information and produce a homogeneous service

using identical production processes; and

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(C)
(II)

There is free entry into and exit from the industry.

Perfect competition implies that both marginal revenue and average revenue are equal to
price in long run equilibrium. Thus, firms are price takers and can sell as much as they
are capable of producing at the prevailing price.

(bb)

"Price ceiling" means the maximum level at which a provider may price a service.

(cc)

"Price discrimination" means the act of selling different units of a service at price differentials not
directly corresponding to differences in cost.
(I)

(II)

Price discrimination includes both:

(A)

The sale of identical units of the service to different customers at different prices;
and

(B)

The sale of identical units of the service to the same customer at different prices.

In order for a firm to practice price discrimination profitably with respect to a particular
service, it shall have:
(A)

Some control over the price it charges for that service;

(B)

The ability to segregate its customers for that service into groups with different
price elasticities of demand; and

(C)

The ability to prevent resale of the service by those customers who can buy it at
the lower price.

(dd)

"Price floor" means the minimum level at which a provider may price a service.

(ee)

"Ramsey pricing" means, as subject to relevant regulatory constraints, the practice of pricing all
products and services such that the sum of customer and producer welfare is maximized.

(ff)

"Replacement cost" means the cost that the provider of a service would incur to construct its plant
and facilities using the current, best technology at current prices but without changing the
physical position of such facilities.

(gg)

"Residual pricing" means that service price is set so that revenues from the service equal all
costs not covered by revenues from all other services offered by the firm once their prices are set.

(hh)

"Service-specific fixed cost" means a fixed cost caused by the existence of a specific service
within the array of services currently offered that does not vary with changes in the number of
units produced but would be eliminated if the specific service were deleted from the current array
of services offered.

(ii)

"Shared cost" means a cost incurred for facilities and resources used in common for the
production of two or more services.

(jj)

"Short-run costs" means the costs incurred by a firm operating within a planning horizon where
many elements of the production process are fixed and cannot be readily varied, including the
size and type of certain used facilities.

(kk)

"Stand alone cost" means the total cost incurred by a firm to produce a given volume of a service
or group of services as if it were the sole service or group of services produced by that firm.

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(ll)

"Sunk cost" means a cost that has already been incurred, is irretrievable, and cannot be avoided,
even by discontinuing production entirely.

(mm)

"Total cost" means the sum of all costs (including fixed and variable costs) incurred by the firm to
produce any given level of output.

(nn)

"Total incremental cost" means the change in total cost resulting from an increase or decrease in
output. In mathematical terms, total incremental cost equals total cost assuming the increment is
produced, minus total cost assuming the increment is not produced.

(oo)

"Total service incremental revenue" means the change in the firm's total revenues resulting from
adding or deleting a service.

(pp)

"Total service long run incremental cost" (TSLRIC) is equal to the firm's total cost of producing all
of its services assuming the service (or group of services) in question is offered minus the firm's
total cost of producing all of its services excluding the service (or group of services) in question.
(I)

The strict definition of TSLRIC requires that it be calculated by producing two total cost
studies and then subtracting one from the other. An estimate of TSLRIC can be made
directly.

(II)

The strict definition of TSLRIC incorporates a forward looking concept which shall,
therefore, include the costs that the firm would incur today if it were to install its own
original network. An estimate of TSLRIC can be arrived at by assuming that the
geographic locations of routes and possible switching locations are the same as those
available to the firm today and that future technological changes can be anticipated. In
making this estimate, the assumptions underlying it shall be made explicit and the
estimating procedure shall reflect the time period in which the resulting prices are
anticipated to be in effect.

(III)

TSLRIC includes both fixed and variable costs specific to the service (or group of
services) in question.

(IV)

The TSLRIC for a group of services is at least equal to the sum of the TSLRICs of the
individual services within the group. If the TSLRIC for the group is greater than this sum,
the difference is equal to the shared costs attributable to the group of services and/or to
some subset of that group. In other words, these shared costs are part of the TSLRIC of
the group but are not part of the TSLRIC of any individual service within the group.

(qq)

"Unbundling" means a situation in which the rate elements and tariff provisions for a retail service
are disaggregated to the lowest level practicable to permit customers to buy the features and
functions they desire without having to purchase those they do not want.

(rr)

"Variable cost" means a cost that changes (but not necessarily proportionately) either with the
number of units produced of a given set of services or with the number of services provided.

2462.

Service Applicability.

Colorado statutes ( 40-15-101, C.R.S., et seq .) categorize telecommunications service regulation into
three segments: Regulated Telecommunications Services (Part 2), Emerging Competitive
Telecommunications Services (Part 3), and Deregulated Telecommunications Services (Part 4). The
statutes, Commission decisions, and Commission rules categorize these telecommunications services
into three regulatory schemes. The level of actual competition in a specific service is the primary
determinant for the extent of regulation of that service under the statute.

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(a)

Rule 2463 shall cover Part II telecommunications services.

(b)

Part III telecommunications services shall be treated differently depending upon the amount of
actual demonstrated competition for each service.
(I)

Part III telecommunications services for which the Commission has not made a
determination regarding the level of competition or has determined that competition is
absent or negligible (i.e., the provider has significant market power for the service(s))
shall be covered by rule 2463.

(II)

Part III telecommunications services for which the Commission has determined
competition is sufficient to warrant relaxed regulatory treatment shall be covered by rule
2464.

(c)

Rules 2463 and 2464 do not apply to Part 4 telecommunications services. It is assumed that the
competitive market determines prices for Part 4 services. Additional protection is provided by
applicable Commission rules prohibiting cross-subsidization.

2463.

Fully Regulated Telecommunications Services.

(a)

Costing.
(I)

TSLRIC studies shall be provided at the time a service rate proposal is submitted. Other
cost studies may be provided if deemed relevant. TSLRIC studies will be used to
establish price floors as described below in subparagraph (b)(I). FDC studies shall be
filed annually, within 120 days after the close of a providers fiscal year. FDC studies shall
be used as a component of the actual pricing process described in subparagraph (b)(IV).

(II)

If a provider offers a new service that uses a part of the existing investment, a surrogate
for a FDC study shall be performed for the new service for the purpose of allocating an
appropriate portion of that existing investment to the new service. This is termed a
surrogate study because most FDC studies are performed on existing products and
services using historical information. The surrogate FDC study shall allocate the existing
investment and expenses that the new service uses employing either actual historical or
pro forma adjusted investments and expenses. Pro forma adjusted investments and
expenses will be considered in cases where the provider desires to reflect a more current
view of expenses and/or investments; for example, in situations wherein the provider has
obsolete investments or one-time expenses on the books of account that would be
inappropriate to include in a cost study for a new service. The estimates of existing costs
to be allocated to new services would reduce the total allocations of these costs to
existing services by the same amount.

(III)

Cost studies shall be performed either for all specific service offerings or for all functional
components that make up the entirety of services offered. The provider shall notify the
Commission in its documentation that it is using either service level or functional
component level cost studies. If functional component level cost studies are used, the
provider shall also provide information sufficient to match functional components to
services.

(IV)

The FDC studies shall use the cost accounting standards defined in paragraph 2461(g),
and the TSLRIC studies shall use the standards presented in the definition of TSLRIC to
properly include all costs identifiably related to a given service. Any deviation from these
standards shall be clearly stated, a justification provided, and approved by the
Commission.

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(b)

(V)

Cost studies shall include, but are not limited to, the relevant costs for billing, marketing,
advertising, and network costs in addition to any other relevant costs associated with the
service.

(VI)

Cost studies for any service offerings that include, as underlying functionalities, any tariff
Part II services or fully regulated Part III services must impute the tariff rates as part of
the costs of the services in question.

(VII)

Cost studies must be approved by the Commission.

(VIII)

Individual cost studies for each service or functional component must have been
performed within three years of being filed.

Pricing.
(I)

The Commission shall set the prices for all fully regulated telecommunications services.
Such prices shall be designed to advance universal service at just and reasonable rates.
The price for each service must be set to satisfy the following conditions:
(A)

Total revenue from the given service is equal to or greater than its total service
long run incremental cost.

(B)

Total revenue from any group of services in which the given service appears is
equal to or greater than the TSLRIC of the group of services.

(C)

Total revenue for the given service (or any group of services in which the given
service appears) shall be equal to or less than the stand-alone cost for the
service (or group of services). However, since stand-alone cost studies may be
difficult and burdensome to execute, the Commission may use the FDC for the
service (or group of services) plus some determined mark-up as a surrogate
price ceiling. For a new service, a FDC study must be produced in accordance
with subparagraph (a)(II).

(D)

The access loop is not a separate service but rather is an input necessary for the
provision of many telecommunications services. As such, costs associated with
the access loop shall not appear in the TSLRIC of any single service requiring
the access loop. Rather, it shall appear as part of the total service long run
incremental cost of the entire group of services requiring the loop. Consequently,
prices must be set so that the sum of the revenues from all services requiring the
access loop covers not only the sum of the total service long run incremental
costs for the individual services but also the shared cost of the loop. Finally,
regarding the computation of stand-alone costs, since each service in this group
requires the access loop, the entire cost of the loop shall appear in the standalone cost for each of these services.

(II)

Subparagraph (b)(I) will not apply if the Commission specifically determines that, for
reasons of public policy, the price for a fully regulated telecommunications service may
be below the price floor or above the price ceiling established in subparagraph (b)(I).

(III)

When the Commission sets the price of a fully regulated telecommunications service
below its respective price floor, the amount below the price floor and the source from
which the resulting deficit is made up must be identified and specifically approved by the
Commission.

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(IV)

The price set by the Commission for a fully regulated telecommunications service may
include some portion of the overhead costs of the provider in order to allow the provider
to recover its overall revenue requirement. The amount of overhead costs to be
recovered by each fully regulated telecommunications service must be specifically
identified and must represent the contributions of various services to the covering of
overhead costs. As part of this pricing process, the Commission will consider FDC
studies. In addition, the following non-exclusive list of factors may be considered by the
Commission on a case-by-case basis, depending upon the complexity of the issues and
the magnitude of the net revenue involved:
(A)

Other cost studies;

(B)

Market studies designed to determine market structure, extent of competition,

etc.;

(C)

Elasticity of demand and supply studies;

(D)

Focus group results;

(E)

Survey results;

(F)

Social obligations, e.g., promotion of universal service and absence of rate

shock;

(G)

Rate continuity; and/or

(H)

Statutory requirements.

(V)

Any changes to rates for fully regulated telecommunications services shall be made
through the traditional tariff review process prior to implementation. This includes, but is
not limited to, revenue neutral rate changes of any fully regulated telecommunications
services.

(VI)

Residual pricing may not be used for any services.

(VII)

Nothing in this paragraph shall be construed to limit the Commission's powers to do all
things necessary in fulfilling its statutory duties.

2464.

Part III Emerging Competitive Services Subject to an Alternative Form of Regulation.

(a)

Costing. The cost studies referred to in this rule must conform to the specifications outlined in
paragraph 2463(a).

(b)

Pricing.
(I)

The price floor for Part III emerging competitive services subject to an alternative form of
regulation shall be determined pursuant to paragraph 2463(b) and shall include
imputation, as defined in paragraph 2461(q).

(II)

The price ceiling for Part III emerging competitive services subject to an alternative form
of regulation shall be determined pursuant to subparagraph 2463(b)(I)(C) unless the
Commission explicitly adopts an alternative such as, for example, the current price.

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(III)

A provider may request that the Commission review an existing price floor and/or price
ceiling by filing a formal request with the Commission. The request shall be supported by
appropriate revised cost studies, including imputation.

(IV)

The exact form of regulation of a Part III emerging competitive service subject to an
alternative form of regulation shall be specified in the Commission order(s) granting the
alternative form of regulation pursuant to rule 2205.

2465.

Cost Studies to be provided to the Commission.

(a)

Contents.

(b)

(I)

The cost study results submitted by a provider must specify the type of costs being
estimated, irrespective of any legitimate simplification and/or approximation incorporated
into the studies.

(II)

Cost studies must be produced in accordance with the definition of the type of costs
being estimated.

(III)

The provider shall identify all instances in which its estimate deviates from the definitions
of the cost type. A written explanation justifying each such deviation on the basis of data
limitations, methodological simplicity, or other practical considerations shall be provided.
The explanation shall be sufficiently clear and detailed to allow interested parties to
determine whether the deviation is justified and to understand its potential significance.
The Commission has discretion to grant or deny each proposed deviation.

(IV)

The provider shall identify the costs and elements of the production process it considers
to be fixed within the specified planning horizon and the costs it considers to be variable.

(V)

The provider shall identify any included sunk costs and shall calculate the cost reduction
that results from the exclusion of such sunk costs.

(VI)

The provider shall identify all shared and overhead costs and specify those included in or
excluded from the cost study. The provider shall separately quantify the reduction in the
cost estimates that would result if shared and overhead costs were to be excluded. This
subparagraph does not apply to FDC studies.

(VII)

Nothing in this paragraph shall be construed to limit the Commission's authority to

accomplish its statutory duties.

Cost estimate requirements.

(I)

In any incremental cost estimate submitted, the increment of output analyzed must be
relevant to the issues under consideration.

(II)

In any incremental cost estimate submitted, the estimated change in costs must
approximate the cost difference between a "business as usual" scenario accommodating
existing and future demand and a scenario assuming output levels that are higher (lower)
by the relevant increment (decrement).

(III)

A cost estimate for a service that uses or displaces another service offered by the
provider shall reflect the revenue that would have been derived from the other service.
For example, the cost estimate for message toll service shall reflect the access revenues
that are foregone when the customer purchases toll service from the provider instead of
from a competitor.

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(c)

Required work papers.

(I)

A cost estimate submitted to the Commission shall be accompanied by a complete set of

supporting work papers and source documents.

(II)

Work papers shall clearly and logically present all data used in developing the estimate
and provide a narrative explanation of all formulas or algorithms applied to such data.
They shall also allow others to replicate the methodology and calculate equivalent or
alternative results using equivalent or alternative assumptions.

(III)

Work papers shall clearly set forth all significant assumptions and identify all source
documents used in preparing the cost estimate.

(IV)

Work papers shall be organized so that a person unfamiliar with the study will be able to
work from the initial investment, expense, and demand data in order to calculate the final
cost estimate. The significance of each number used in developing the estimate shall be
clearly identified in the work papers and the source of each number not included within
the work papers shall be clearly identifiable and readily available.

(V)

Any input expressed as a "dollars per minute," "dollars per foot," "dollars per loop,"
dollars per port," or similar units must be traceable to the original source documents
including without limitation the dollars, minutes, feet, loops, and ports from which such
figures are calculated.

(VI)

Unless impracticable, all data and work papers shall be provided in electronic format
using standard, commercially-available spreadsheet or database software formats. Data
and work papers shall be accompanied by files or internal comments that define the
contents of each data set or work paper, and shall include an explanation of the
definitions, formulae, equations, and data provided.

(VII)

An index or detailed table of contents of the work papers and source documents shall be
provided. In addition, to the extent practicable, a cross index shall be included that allows
others to track key numbers through the various source documents, work papers, and
exhibits.

2466.

Exceptions.

(a)

Any local exchange provider who, prior to July 1, 1996, had either served only rural exchanges
with a combined total of 10,000 or fewer access lines or served fewer than 10,000 customers in
rural exchanges only, shall be deemed to be in compliance with these rules by providing the
Commission with its required filing information under the Commission's Cost Allocation Rules
2400-2459. Providers of local exchange service who commenced providing such service on or
after July 1, 1996, shall be subject to all provisions of these rules, in the absence of a specific
variance or an alternative form of regulation.

(b)

This rule does not modify any prior order of the Commission granting a provider a specific form of
costing and pricing for a specific service.

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2467. - 2499.

[Reserved].

PROVIDER OBLIGATIONS TO OTHER PROVIDERS

Interconnection and Unbundling
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to: prescribe non-discriminatory access to, and interconnection
with, the facilities of providers' networks by other providers; and provide for the unbundling of certain
providers' networks.
The statutory authority for the promulgation of these rules is found at 40-15-109(3); 40-15-503(2)(a),
(b), (g), and (h); and 40-2-108, C.R.S., and at 47 U.S.C. 251 and 252.
2500.

Applicability.

Rules 2500 through 2529 are applicable to all telecommunications carriers that provide
telecommunications exchange services in the State of Colorado.
2501.

Definitions.

The following definitions apply only in the context of rules 2500 through 2529:
(a)

"Common transport link" means a communications path:

(I)

Used by multiple customers; and

(II)

Containing one or more circuits connecting two switching systems in a network.

(b)

"Customer network interface" or "network interface device" (NID) means the facilities on or near
the customer's premises that allow the customer to connect to the network.

(c)

"Dedicated transport link" means a communications path:

(I)

Used by one customer; and

(II)

Containing one or more circuits connecting two switching systems in a network.

(d)

"Essential facilities" or "essential functions" mean those network elements that a

telecommunications provider is required to offer on an unbundled basis.

(e)

"Exchange access" means the offering of access to telephone exchange services or facilities for
the purpose of the origination or termination of telephone toll services.

(f)

"Interconnection" means the process of providing a seamless connecting link between competing
networks for the completion of local traffic that originates in the network of one provider and
terminates in the network of another provider.

(g)

"Loop" means the facilities that connect a customer network interface to a main distribution frame,
or its equivalent.

(h)

"Operator systems" means systems that provide for live or mechanized operator functions that
assist end users with call completion and directory assistance.

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(i)

"Originating provider" means the telecommunications provider that serves the end user who
originates a local call.

(j)

"Service control point" (SCP) means a node in the signaling network to which informational
requests for service handling (for example, routing) are directed and processed. The SCP
includes both the service logic and the customer specific information necessary to process
individual requests.

(k)

"Signal transfer point" (STP) means a facility that provides the function of connecting signal links
in order to transfer appropriate signals from and between the various elements of a signaling
network.

(l)

"Signaling links" means transmission facilities in a signaling network which carry all out-of-band
signaling traffic between the end office and signal transfer point, the tandem office and signal
transfer point, the signal transfer point and service control point, and the signal transfer point and
another signal transfer point.

(m)

"Switch" means a facility that provides the functionalities required to connect appropriate lines or
trunks to a desired communications transmission path. These functionalities may include, but are
not limited to, recognizing service requests, obtaining required call specific information, data
analysis, route selection, call completion or hand-off, testing, recording, or signaling.

(n)

"Tandem switch" means a facility that provides the function of connecting trunks to trunks for the
purpose of completing inter-switch calls.

(o)

"Telecommunications carrier" means any provider of telecommunications services, except that

such term does not include aggregators of telecommunications services. This definition includes
Commercial Mobile Radio Service (CMRS) providers, IXCs, and to the extent they are acting as
telecommunications carriers, companies that provide both telecommunications and information
services.

(p)

"Telecommunications service" means the offering of telecommunications for a fee directly to the
public, or to such classes of users as to be effectively available directly to the public, regardless
of the facilities used.

(q)

"Terminating provider" means the telecommunications provider that serves the end user who
receives a local call.

2502.

Interconnection.

(a)

All telecommunications carriers shall interconnect directly or indirectly with the facilities and
equipment of other telecommunications carriers.

(b)

All LECs shall:

(I)

Not prohibit and not impose unreasonable or discriminatory conditions or limitations on

the resale of its telecommunications services;

(II)

Provide number portability, to the extent technically feasible;

(III)

Provide dialing parity to competing providers of telephone exchange service and

telephone toll service;

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(c)

(IV)

Permit all competing providers to have non-discriminatory access to telephone numbers,

operator services, directory assistance, and directory listings, with no unreasonable
dialing delays;

(V)

Afford access to the poles, ducts, conduits, and rights-of-way of such carrier to competing
providers of telecommunications services on rates, charges, terms, and conditions that
are consistent with 47 U.S.C. 224; and

(VI)

Establish reciprocal compensation arrangements for the transport and termination of

telecommunications.

In addition to the above obligations, all ILECs shall provide for the interconnection with the
facilities and equipment of any requesting telecommunications carrier:
(I)

For the transmission and routing of telephone exchange service and exchange access;

(II)

At any technically feasible point within the ILEC's network;

(III)

That is at least equal in quality to that provided by the ILEC to itself or to any subsidiary,
affiliate, or any other party to which the ILEC interconnects;

(IV)

At rates, charges, terms, and conditions that are just, reasonable, and non-discriminatory;

(V)

In accordance with the rates, charges, terms, and conditions established by the ILEC
pursuant to contract, arbitration, or tariff or price list, as applicable; and

(VI)

Consistent with the Commission's rules regarding the Costing and Pricing of Regulated
Telecommunications Services.

(d)

Collocation: An ILEC shall provide, for the physical collocation of equipment necessary for
interconnection or access to unbundled network elements at the ILEC's premises at rates,
charges, terms, and conditions that are just, reasonable, and non-discriminatory. An ILEC may
provide virtual collocation if the Commission determines that physical collocation is not practical
for technical or space limitation reasons.

(e)

Each telecommunications carrier shall be responsible for constructing and maintaining the
facilities on its side of the point of interconnection unless the interconnecting carriers agree to
some other arrangement.

(f)

Each telecommunications carrier shall construct and maintain its interconnection facilities in
accordance with accepted telecommunications engineering standards and practices. Each
terminating carrier shall make available to all originating providers all technical references to
documents that provide the technical specifications of the terminating providers interconnection
interfaces. In no event shall a telecommunications carrier construct or maintain its interconnection
facilities under terms and conditions different from the terms and conditions the provider offers to
itself, its affiliates, or another telecommunications carrier.

(g)

All Commission quality of service rules shall apply to the provision of interconnection facilities,
unless the provider has opted into a Performance Assurance Plan mechanism.

(h)

Terminating providers shall make all required interconnection facilities available within 90 days of
a bona fide written request. No unreasonable refusal or delay, or discriminatory provision of
service by a terminating provider shall be allowed.

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2503.

Compensation for Terminating Local Traffic.

(a)

For purposes of this rule, local calls originate at the customer network interface of the calling
party's provider and terminate at the customer network interface of the called party's provider.

(b)

Except as provided in paragraphs (g) and (h), a terminating provider may charge the originating
provider a termination fee for all local calls that originate on the originating provider's network and
terminate on the terminating provider's network.

(c)

The termination fee shall be based on the costs associated with each network element:

(d)

(e)

(f)

(I)

On the terminating provider's side of the point of interconnection; and

(II)

Used by the terminating provider to terminate the call.

If the originating provider is either interconnected to the terminating provider through the
purchase of one or more unbundled elements owned by the terminating provider or a third
provider, or uses one or more unbundled elements owned by the terminating provider or a third
provider to originate the call:
(I)

The terminating provider shall charge the originating provider a termination fee in
accordance with this rule; and

(II)

The provider of the unbundled elements shall charge the originating provider for the use
of the unbundled elements.

If the terminating provider is either interconnected to the originating provider through the
purchase of one or more unbundled elements owned by the originating provider or a third
provider, or uses one or more unbundled elements owned by a third provider to terminate the call:
(I)

The terminating provider shall charge the originating provider a termination fee in
accordance with this rule; and

(II)

The provider of the unbundled elements shall charge the terminating provider for the use
of the unbundled elements.

The termination fee, subject to Commission approval, may reflect:

(I)

A usage-sensitive charge based on, for example, distance, duration, or time of day;

(II)

A flat charge based on, for example, capacity port charges based on either the trunk
group size or the peak-use of interconnecting capacity; or

(III)

Any combination thereof or an alternative mechanism.

(g)

The terminating provider's costs associated with the termination of local calls may be recovered,
as approved by the Commission, in the rates the terminating provider charges for services
provided to its customers.

(h)

If the terminating provider provides the originating provider with dial tone, the terminating provider
may charge the originating provider with the use of unbundled local switching for the generation
of dial tone when the terminating provider terminates calls from the originating provider on the
terminating provider's network.

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2504.

Other Intercompany Arrangements.

(a)

Telecommunications carriers shall deal with other telecommunications carriers in a good faith and
cooperative manner.

(b)

All telecommunications carriers are obligated to serve their customers in accordance with the
Commission's rules.

(c)

All telecommunications carriers shall provide reasonable access to poles, ducts, conduits, and
rights-of-way when feasible and when access is necessary for other telecommunications carriers
to provide service. Upon application by a telecommunications carrier, the Commission shall
determine any matters concerning reasonable access to poles, ducts, conduits, and rights-ofway, upon which agreement cannot be reached, including but not limited to, matters regarding
valuations, space, capacity restraints, and compensation for access.

(d)

All LECs shall provide interconnecting telecommunications carriers with both answer and
disconnect supervision as well as all available call detail information necessary to enable proper
customer billing.

(e)

Interconnecting telecommunications carriers shall be required to enter into mutual billing and
collection agreements so that each telecommunications carrier can accept other
telecommunications carrier's telephone line number and other nonproprietary calling cards and
can bill collect or third-party calls to a number served by another provider.

(f)

All LECs shall offer the interoperability of non-optional operator services between networks
including, but not limited to, the ability of operators on each network to perform such operator
functions as completing collect calls, third-party calls, busy line verification calls, and busy line
interrupt.

(g)

Telecommunications carriers shall develop mutually agreeable and reciprocal arrangements for
the protection of their respective customer proprietary network information.

(h)

Telecommunications carriers shall cooperate in developing and implementing procedures for

repair service referrals so that trouble reports are directed to the correct carrier or carriers.

(i)

All LECs shall offer, in a non-discriminatory manner pursuant to contract or tariff, the necessary
operational support to enable other telecommunications carriers the opportunity to provide their
customers quality of service as is available to the LEC's customers, consistent with rules 2330
through 2359. Such contracts or tariffs shall be approved by the Commission, and available for
review pursuant to Commission order.

(j)

Telecommunications carriers shall make available access to technically reasonable, nonproprietary, as determined by the Commission, signaling protocols used in the routing of local and
interexchange traffic; including signaling protocols used in the query of call processing databases
such as 800 Database Service, Alternate Billing Service (ABS), and Line Information Data Base
(LIDB); and shall make available the signaling resources and information necessary for the
routing of local and interexchange traffic.

(k)

Telecommunications carriers shall be prohibited from interfering with the transmission of signaling
information between customers and other telecommunications providers in a manner that is
injurious to network integrity or that results in fraud. This shall not preclude a telecommunications
carrier from blocking specific signaling information to the extent required by the end user's service
(e.g., CLASS services).

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(l)

Regarding directories for basic local exchange service.

(I)

Each ILEC (White Pages provider) shall cause the customer information (i.e., name,
address, and telephone number) of all customers within the local calling area served by
the LEC to be published in a White Pages telephone directory, regardless of whether the
customer subscribes to the telecommunications services of that particular ILEC. Upon
Commission approval, a different LEC may assume the responsibilities identified in this
rule.

(II)

Unless the LEC provides written notice limiting the number of White Pages telephone
directories it will receive, each White Pages provider shall cause each LEC to receive
one directory for each access line the LEC serves in the directory providers operating
area.

(III)

Each LEC shall cause a White Pages telephone directory to be delivered to its customers
in accordance with the requirements of paragraph 2307(a).

(IV)

Each LEC shall provide to all White Pages providers the information required to
adequately list all subscribers information (i.e., name, address, and telephone number) in
the telephone directory(ies). This information shall be provided in a mutually agreeable
format.

(V)

Each directory provider shall offer premium listings in its directory to other LECs
subscribers.

(VI)

Each White Pages provider shall provide space in the customer guide pages of the White
Pages telephone directory for the purpose of notifying customers how to reach LECs to:

(VII)

(A)

Request service;

(B)

Contact repair service;

(C)

Dial directory assistance;

(D)

Reach an account representative;

(E)

Request buried cable local service; and

(F)

Contact the special needs center for customers with disabilities.

All parties involved shall abide by the Commissions rules on privacy and the handling of
customer proprietary network information.

2505.

Unbundling.

(a)

As identified in rule 2008, the Commission incorporates by reference the regulations published in
47 C.F.R. 51.307 through 51.319.(b) Nothing in paragraph (a) shall be construed to limit the
Commissions duties and responsibilities under 40-15-503, C.R.S., et seq.

(c)

A detailed record of all requests for unbundling shall be documented and maintained in
accordance with the requirements of the change management process. This information shall
include the name of the requesting person, the date of the request, the specific type of
unbundling requested, the provider's planned and actual response date, and the provider's
response.

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2506.

Process and Imputation.

(a)

Interconnection. Except as provided in rule 2507, each ILEC shall maintain effective tariffs with
the Commission that establish rates, charges, terms, and conditions for interconnection.

(b)

Termination of local traffic. Except as provided in rule 2507, each ILEC shall maintain effective
tariffs with the Commission that establish rates, charges, terms, and conditions for the termination
of local traffic.

(c)

Unbundling. Within 30 days after designation as an incumbent carrier, a certified carrier shall file
with the Commission tariffs effective on 30-days notice or, if applicable, price lists, that establish
rates, charges, terms, and conditions for the sale of unbundled network elements.

(d)

White Pages for basic local exchange service.

(e)

(f)

(I)

Each directory provider shall file with the Commission directory tariffs within 30 days of
that providers certification as a LEC within the provider's operating area. Such tariffs
shall establish the rates, charges, terms, and conditions for the transfer of customer
information, the publication of White Pages telephone directories for the LEC, the
publication of customer guide information for the competing provider, and the publication
of premium directory listings for the LEC's customers.

(II)

When determining the just and reasonable rate the White Pages provider may charge a
LEC, the Commission may consider, where applicable, the compensation arrangement
that the directory provider has with its publisher.

Tariffs. The Commission will review each tariff filed. The LEC filing the tariff shall have the burden
of proving that any proposed rates, charges, terms, or conditions are consistent with the
following:
(I)

Rates shall be cost-based, just, and reasonable, and may include a reasonable profit;

(II)

Rates, charges, terms, and conditions shall be non-discriminatory and competitively

neutral;

(III)

Rates, charges, terms, and conditions shall be established to promote a competitive

telecommunications marketplace while protecting and maintaining the wide availability of
high quality telecommunications service; and

(IV)

Rates shall be designed so that products or services that are subject to regulation do not
subsidize products and services that have been specifically deregulated by statute, rule,
or Commission order.

Imputation.
(I)

As applicable, each LEC shall impute its rates for interconnection, the termination of local
traffic, unbundled network elements, and directory listings into the rates of its own
services in accordance with the Commission's rules on Costing and Pricing.

(II)

Imputation of unbundled network elements shall only be required if the unbundled

network element is a bottleneck monopoly input. The Commission shall, as necessary,
determine if an unbundled network element is a bottleneck monopoly input.

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2507.

Exemption for Rural Telephone Companies.

(a)

Rules 2502, 2503, 2505, and 2506, and paragraphs 2504(d) through (j) and 2504(l) shall not
apply to a rural telephone company until:

(b)

(I)

Such company has received a bona fide request for interconnection, services, or the
purchase of an unbundled network element; and

(II)

Such request is deemed by the Commission to be technically feasible and not unduly
economically burdensome.

A telecommunications carrier making such a bona fide request shall submit a notice of its request
to the Commission.
(I)

The Commission shall conduct a hearing for the purpose of determining whether to
terminate the rural telecommunications carrier's exemption under paragraph (a).

(II)

The Commission shall determine within 120 days after it receives notice of the request if
such termination of the exemption is technically feasible, is not unduly economically
burdensome, and is consistent with the state and federal universal service requirements.

(III)

Upon termination of an exemption, the Commission shall establish an implementation

schedule for compliance with the request.

(c)

A LEC with fewer than 2 percent of the aggregate nationwide installed subscriber lines may file
an application with the Commission for a suspension, modification, or specific exemption of
certain telephone exchange service facilities as specified in such application. The Commission
may grant the application to the extent it is necessary and for such duration as it determines.

(d)

The Commission shall act upon such application filed pursuant to paragraph (c) within 180 days
after its receipt. Pending such action, the Commission may suspend enforcement of the
requirement or requirements to which the application applies with respect to the carrier filing such
application.

2508. - 2529.

[Reserved].

Interconnection Agreements
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to establish the process the Commission uses to review
interconnection agreements and any amendments thereto; the criteria for Commission approval or
rejection of such agreements; and the timelines for Commission action regarding both negotiated and
arbitrated interconnection agreements.
The statutory authority for the promulgation of these rules is found at 40-3-102; 40-15-503(2)(b)(I) and
(III); 40-15-503(2)(g)(I); and 40-2-108, C.R.S., and at 47 U.S.C. 252 and 271.
2530.

Applicability.

Pursuant to 47 U.S.C. 252(a)(1), rules 2530 through 2549 apply to all agreements, and any amendments
thereto, for interconnection, services, or network elements between ILECs and telecommunications
carriers negotiated before or after February 8, 1996, the date of enactment of the Telecommunications
Act of 1996. Pursuant to 47 U.S.C. 252(e)(1), any interconnection agreements adopted by negotiation or
arbitration shall be submitted for approval to the Commission.

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2531.

Definitions.

The following definitions apply only in the context of rules 2530 through 2579.
(a)

"Arbitrated interconnection agreement" means an interconnection agreement or portion thereof,

reached through compulsory arbitration.

(b)

"Interconnection agreement" (ICA) means, for purposes of 252(e)(1) of the Telecommunications

Act of 1996, a binding contractual agreement or amendment thereto, without regard to form,
whether negotiated or arbitrated, between an ILEC and a telecommunications carrier or carriers
that includes provisions concerning ongoing obligations pertaining to rates, charges, terms,
and/or conditions for interconnection, network elements, resale, number portability, dialing parity,
access to rights-of-way, reciprocal compensation, or collocation.

(c)

"Negotiated interconnection agreement" means an interconnection agreement, or portion thereof,

reached through negotiation.

(d)

"Party to the agreement" means any telecommunications carrier that is a signatory to an

interconnection agreement or any subsequent amendment submitted for approval to the
Commission.

(e)

"Report of adoption" (report) means a filing with the Commission pursuant to rule 2533 made by a
party seeking approval of an interconnection agreement or an amendment to an agreement
previously approved by the Commission.

(f)

"Statement of generally available terms and conditions" (SGAT) means, pursuant to 47 U.S.C.
252(f), a statement of the terms and conditions for wholesale products and services, including
rates and charges, that an ILEC generally offers within Colorado.

2532.

Incorporation by Reference.

References in these rules to Parts 51 and 69 are references to rules issued by the FCC and have been
incorporated herein by reference, as identified in rule 2008.
2533.

Submission of Agreement and Amendments for Approval.

(a)

Pursuant to 47 U.S.C. 252(a)(1) and 47 U.S.C. 252(e)(1), and within 30 days of execution of an
interconnection agreement (ICA) or ICA amendment, by all parties, or one of the parties, shall
submit the ICA, or ICA amendment, under a cover letter to the Commission for approval. The
cover letter shall serve as notice to the Commission and shall include the following:
(I)

The names and addresses of the parties;

(II)

The name(s) under which the submitting party(ies) are or will be providing
telecommunications service(s) in Colorado;

(III)

The name(s) address, telephone number, facsimile number and e-mail address of the
submitting party(ies) representative to whom all inquiries concerning the submission
should be made;

(IV)

The caption and docket number(s), if applicable, of the proceeding;

(V)

The date of the submission of the ICA or ICA amendment;

(VI)

A short description of the nature of the ICA, or ICA amendment;

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(VII)

A statement as to whether the ICA or ICA amendment was the result of negotiation or
arbitration or whether it was an opt-in of a previously approved and effective SGAT or
another previously approved and effective ICA or ICA amendment;

(VIII)

In the case of a new ICA, the cover letter shall describe the primary source documents, if
any, that served as the framework for the agreement. In the case of an amendment to an
ICA, the cover letter shall list all sections of the ICA that have been amended;

(IX)

A statement that intervention and public comment must be filed within ten days of the
posting of the notice on the Commission's website for a negotiated ICA or an ICA
amendment or within five days of the posting of the notice on the Commission's website
for an arbitrated interconnection agreement or an amendment thereto. The statement
shall indicate that any such filing(s) may not be accepted by the Commission if not filed in
compliance with Commission rules; and

(X)

A statement that the Commission Staff intervention shall be filed within 20 days of the
posting of the notice on the Commission's website for a negotiated ICA or an ICA
amendment or within 15 days of the posting of the notice on the Commission's website
for an arbitrated ICA or ICA amendment. The statement shall indicate that any such
filing(s) may not be accepted by the Commission if not filed in compliance with
Commission rules.

(b)

Filing entity. The Commission prefers that the parties jointly submit the ICA or ICA amendment.
However, a single party may make the filing.

(c)

Number of copies. Parties shall file an original plus three paper copies of the ICA or ICA
amendment, an original plus seven copies of the cover letter and a copy on disk in an electronic
format acceptable to the Commission of the cover letter and the ICA or ICA amendment.

(d)

Upon initial receipt of an ICA the Commission will assign a docket number to the submission. Any
subsequent amendment to the agreement submitted for approval to the Commission shall use the
original docket number.

2534.

Approval of Interconnection Agreements and Amendments to Interconnection

Agreements.

(a)

Notice and opportunity for public comment.

(I)

Notice. The cover letter submitted pursuant to paragraph 2533(a) shall serve as the
notice and shall be submitted in an electronic format acceptable to the Commission. The
Commission shall give notice of the filing of the ICA or ICA amendment by posting the
cover letter on its website within two business days of the submission.

(II)

Public review and comment.

(A)

The ICA or ICA amendment shall be posted on the Commission's website within
two business days of the filing and shall be available for review at the
Commission during its normal business hours.(B) Public comment on the
submission seeking approval of a negotiated ICA or ICA amendment or an
arbitrated ICA or ICA amendment shall be due within ten days of the posting of
the required notice.

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(C)

The public comment shall include the following information at a minimum:

(i)

A detailed statement of the person's interest in the ICA or ICA

amendment, including a description of how approval of the agreement
may adversely affect those interests.

(ii)

Specific allegations that the ICA or ICA amendment, or specific portion(s)

thereof:

(iii)
(III)

(IV)

(1)

discriminates against a telecommunications carrier that is not a

party to the agreement;

(2)

is not consistent with the public interest, convenience and

necessity; and/or

(3)

is not consistent with other requirements of state law.

The specific facts upon which the allegations are based.

Intervention.
(A)

Interventions shall be filed within ten days from posting of the notice of the
submission for a negotiated ICA or ICA amendment or within five days from
posting of the notice of the submission for an arbitrated ICA or ICA amendment.

(B)

Interventions by Commission Staff shall be filed within 20 days from the posting
of the notice of the submission for a negotiated ICA or ICA amendment or within
five days from posting of the notice of the submission for an arbitrated ICA or ICA
amendment.

Commission review. The Commission will review the ICA or ICA amendment using the
standards for review set forth in 47 U.S.C. 252. Pursuant to 47 U.S.C. 252(e)(4), if the
Commission does not act to approve or reject the ICA or ICA amendment within 90 days
after submission by the parties of an ICA adopted by negotiation under 47 U.S.C.
252(a), or within 30 days after submission by the parties of an ICA adopted by arbitration
under 47 U.S.C. 252(b), the ICA or ICA amendment shall be deemed approved.

2535.

Confidentiality.

(a)

Information submitted to the Commission is subject to the provisions of 24-72-201, C.R.S., et

seq., and rules 1100 through 1102. Under those provisions it is generally presumed that
information in Commission files is public information.

(b)

An agreement for interconnection services or network elements, including the detailed schedule
of itemized charges, and any subsequent amendments shall not be considered confidential and
shall, pursuant to the provisions of rule 2540, be made available for public inspection.

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2536. - 2549.

[Reserved].

Requests for Commission Participation in the Negotiation and Mediation of Interconnection

Agreements
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to establish the process to be used and the information required
by the Commission when an entity negotiating an interconnection agreement requests that the
Commission participate in the negotiation and, mediate any differences arising in the course of the
negotiation.
The statutory authority for the promulgation of these rules is found at 40-3-102; 40-15-404; 40-15503(2)(b)(I) and (III); 40-15-503(2)(g)(I); and 40-2-108, C.R.S., and at 47 U.S.C. 251 and 252(a)(1),
(a)(2), and (e).
2550.

Applicability.

Rules 2550 through 2559 apply to any negotiation of an ICA relating to telecommunications services in
Colorado in which any party to the negotiations has requested that the Commission mediate any
differences arising during the negotiations.
2551.

Definitions.

The following definitions apply only in the context of rules 2550 through 2559:
(a)

"Negotiation/mediation request" (request) means a filing made by a telecommunications carrier

with the Commission asking the Commission to participate in the negotiation of an
interconnection agreement (ICA) and to mediate any differences.

(b)

"Party to the negotiation" (party) means a telecommunications carrier negotiating for an

agreement with another telecommunications carrier pursuant to 47 U.S.C. 252(a).

(c)

"Telecommunications mediator" (mediator) means the person assigned by the Commission to

participate in the negotiation and to mediate any differences arising in the course of the
negotiation.

2552.

Request Process.

(a)

Pursuant to 47 U.S.C. 252(a)(2), any party to the negotiation may, at any point in the negotiation,
ask the Commission to participate in the negotiation and to mediate any differences arising in the
course of the negotiation.

(b)

A party shall file a letter with the Director to request negotiation/mediation.

(c)

The negotiation/mediation request shall include the following information, either in the request or
in appropriately identified, attached exhibits:
(I)

The name, address, telephone number, facsimile number, and e-mail address, if
applicable, of the party to the negotiation making the request;

(II)

The name(s), address(es), telephone number(s), facsimile number(s), and e-mail

address(es), if applicable, of the other parties to the negotiation;

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(III)

The name, address, telephone number, facsimile number, and e-mail address, if
applicable, of the party's representative who is participating in the negotiations and to
whom all inquiries should be made;

(IV)

The negotiation history, meeting times, and locations;

(V)

Available schedule dates of party representatives; and

(VI)

The issues on which the requestor seeks Commission participation and mediation.

2553.

Negotiation/Mediation Process.

(a)

Pursuant to 47 U.S.C. 252(a)(2), the Commission shall participate in the ICA negotiations and
mediate any differences arising in the course of the negotiation.

(b)

2554.

(I)

Upon receipt of a request for Commission negotiation/mediation, the Commission shall

assign a docket number to the matter.

(II)

The Commission will respond to the request within ten days after receipt. The response
shall identify the assigned mediator.

The mediator shall promptly schedule negotiation/mediation sessions. These sessions shall
continue until:
(I)

All outstanding issues are settled;

(II)

A party makes a written declaration that the mediation proceedings are terminated; or

(III)

The mediator makes a written declaration that further efforts at mediation are no longer
worthwhile.

Confidentiality.

The mediator shall not voluntarily disclose nor, through discovery, be required to disclose any oral or
written communication prepared or expressed for the purposes of, in the course of, or pursuant to, any
mediation or negotiation hereunder.
2555. - 2559.

[Reserved].

Commission Arbitration
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to establish a Commission process for arbitration of issues
arising in the course of negotiation of interconnection agreements under 47 U.S.C. 252.
The statutory authority for the promulgation of these rules is found at 40-3-102; 40-15-404; 40-15503(2)(b)(I) and (III); 40-15-503(2)(g)(I); and 40-2-108, C.R.S., and at 47 U.S.C. 251 and at 252(a)(1)
and (e).

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2560.

Applicability.

Pursuant to 47 U.S.C. 252(b), rules 2560 through 2579 apply to any petition filed by any party to the
negotiation of an interconnection agreement requesting that the Commission arbitrate any unresolved
issues in the negotiations. These provisions apply only to petitions filed during the period from the 135th
to the 160th day (inclusive) after the date on which an ILEC receives a request for negotiation under 47
U.S.C. 251 and 47 U.S.C. 252.
2561.

Definitions.

The following definitions apply only in the context of rules 2560 through 2579.
(a)

"Agreement being negotiated" means an interconnection agreement (ICA) being negotiated

between or among telecommunications carriers, following a request for negotiation made by a
telecommunications carrier to an ILEC.

(b)

"Petition for arbitration" means the petition requesting arbitration of any unresolved issues in the
interconnection agreement being negotiated.

(c)

"Petitioner" means the party to the interconnection agreement being negotiated that files the
petition for arbitration.

(d)

"Respondent" means a non-petitioning party to the agreement being negotiated.

2562.

Petition Process.

(a)

Pursuant to 47 U.S.C. 252(b), any party to an ICA being negotiated may, during the period from
the 135th to the 160th day (inclusive) after the date on which an ILEC receives a request for
negotiation under 47 U.S.C. 252, petition the Commission to arbitrate any unresolved issues in
the negotiation.

(b)

To request Commission arbitration, a party shall file a petition with the Commission. The petition
shall include, in the following order and specifically identified, the following information, either in
the petition or in appropriately identified, attached exhibits:
(I)

Identifying information:
(A)

The name, address, telephone number, facsimile number, and e-mail address, if
applicable of the party to the negotiation making the request;

(B)

The names, addresses, telephone number(s), facsimile number(s), and e-mail

addresses, if applicable, of the other parties to the negotiation;

(C)

The name, address, telephone number, facsimile number, and e-mail address, if
applicable, of the petitioner's representative who is participating in the
negotiations and to whom all inquiries should be made;

(D)

The negotiation history, meeting times, and locations; and

(E)

Available schedule dates of party representatives.

(F)

All other relevant documentation and arguments concerning:

(i)

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156

(ii)

The position of each of the parties with respect to those issues;

(iii)

The specific relief requested by the petitioner with respect to each issue;
and

(iv)

Any other issues discussed and resolved by the parties.

2563.

Notice.

(a)

Pursuant to 47 U.S.C. 252(b)(2)(B), a party petitioning the Commission to arbitrate shall deliver
by first-class mail, express mail, or by hand delivery a copy of the petition and any attached
documents to the other party or parties to the agreement being negotiated no later than the day
on which the Commission receives the petition.

(b)

The petitioner shall also furnish written notice to:

(I)

The Office of Consumer Counsel;

(II)

Any telecommunications carrier known to be negotiating an ICA, as included on a list

maintained by the Commission; and

(III)

Any telecommunications carrier certified by the Commission to provide

telecommunications service as included on a list maintained by the Commission.

(c)

Contents and manner of service. The written notice shall include a statement that a petition for
arbitration has been filed with the Commission; the names of the parties; the date that the request
for negotiation with the ILEC was made; a summary of the issues; and that interventions must be
filed with the Commission within ten days of the filing date. The notice shall be delivered by firstclass mail, by express mail, or by hand delivery not later than the day on which the petition for
arbitration is filed with the Commission.

(d)

Certificate of service. The petition shall include a certificate of service showing that notice was
given in accordance with this rule.

2564.

Opportunity to Respond to Petition.

(a)

Other parties. A respondent shall respond to the petition for arbitration within 25 days after the
petition is filed with the Commission. If a respondent seeks to have issues arbitrated that are not
set out in the petition, the respondent shall state those issues, the position of each of the parties
with respect to those issues, and the specific relief requested with respect to those issues. The
respondent to a petition for arbitration shall become a party to arbitration proceedings upon
service of the petition in accordance with paragraph 2563(a).

(b)

Intervention and public comment or intervention. A person seeking to intervene on the petition
shall file a motion to intervene within ten days of the date that the petition for arbitration was filed
with the Commission. A person may submit public comment on the petition within 25 days of the
date that the petition for arbitration was filed with the Commission.

2565.

Role of Commission during Arbitration.

(a)

The Commission shall:

(I)

Review all submitted documentation and written arguments; and

(II)

Hold a hearing on the petition.

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(b)

The Commission may require the petitioning and responding parties to provide additional
information as may be necessary for the Commission to reach a decision on the unresolved
issues. If any party refuses or fails unreasonably to respond on a timely basis to any request from
the Commission, the Commission may proceed on the basis of the best information available.

(c)

The Commission shall resolve each issue set forth in the petition and the response, if any, by
imposing appropriate conditions as required to implement rule 2566 upon the parties to the
arbitrated agreement.

(d)

The Commission shall conclude the resolution of any unresolved issues no later than nine
months after the date on which the ILEC received the request for negotiation for interconnection
under 47 U.S.C. 252 in accordance with the Commission's own procedures and specified
statutes or rules.

(e)

The Commission may order the parties to the arbitration to pay for a transcript of the arbitration
proceedings. In such case, the Commission will apportion the cost among the parties in an
equitable fashion.

2566.

Standards for Arbitration.

Pursuant to 47 U.S.C. 252(c), in resolving any unresolved issues by arbitration under 47 U.S.C.
252(b) and imposing conditions upon the parties to the agreement, the Commission shall:
(a)

Ensure that such resolution and conditions meet the requirements of 47 U.S.C. 251, including
the regulations prescribed by the FCC pursuant to 47 U.S.C. 251;

(b)

Establish any rates for interconnection, services, or network elements according to 47 U.S.C.
252(d); and

(c)

Provide a schedule for implementation of the rates, charges, terms, and conditions of the
agreement by the parties.

2567.

Duty to Negotiate in Good Faith during Arbitration.

Pursuant to 47 U.S.C. 251(c)(1), each ILEC has, among other duties, the duty to negotiate in good faith,
in accordance with 47 U.S.C. 252, the particular rates, charges, terms, and conditions of agreements to
fulfill the duties described in 47 U.S.C. 251(b)(1) through (5), and 47 U.S.C. 251(c). The requesting
telecommunications carrier also has the duty to negotiate in good faith the rates, charges, terms, and
conditions of such agreements.
2568.

Refusals to Negotiate.

Pursuant to 47 U.S.C. 252(b)(5), the refusal of any party to participate further in the negotiations, to
cooperate with the Commission in carrying out its function as an arbitrator, or to continue to negotiate in
good faith in the presence, or with the assistance, of the Commission shall be considered a breach of the
duty to negotiate in good faith.

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2569. - 2579.

[Reserved].

Rules for the Resale of Telecommunications Exchange Services

Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to establish regulations: for the resale of retail
telecommunications exchange services; to ensure the non-discriminatory availability of services for
resale; and to ensure that retail telecommunications services are available for resale in a manner that
enhances competition.
The statutory authority for promulgation of these rules is found at 40-15-108(2); 40-15-502(1),
(3)(b)(V), and (5)(b); 40-15-503(2)(a), (2)(b)(IV), and (2)(g)(I); and 40-2-108, C.R.S.
2580.

Applicability.

Rules 2580 through 2599 are applicable to all telecommunications providers that provide
telecommunications exchange service in Colorado.
2581.

Definitions.

The following definitions apply only in the context of rules 2580 through 2599:
(a)

"Facilities-based telecommunications provider" means a provider of telecommunications

exchange service that owns telecommunications facilities.

(b)

"Telecommunications exchange service" means service within a telephone exchange, or within a

connected system of telephone exchanges within the same exchange area, operated to furnish
subscribers with service of the character ordinarily provided by a single exchange, and which is
covered by the exchange service charge.

(c)

"Telecommunications service" means the offering of telecommunications for a fee directly to the
public, or to such classes of users as to be effectively available directly to the public, regardless
of the facilities used.

2582.

Regulation of Facilities-Based Telecommunications Providers.

(a)

Facilities-based telecommunications providers shall neither prohibit nor impose unreasonable or

discriminatory conditions or limitations on the resale of their retail telecommunications services.

(b)

Facilities-based telecommunications providers shall not be required to modify their Commissionestablished local calling areas for the purpose of accommodating a reseller.

(c)

Operational support:
(I)

Each facilities-based telecommunications provider shall offer, in a non-discriminatory

manner, pursuant to contract or tariff, the operational support necessary to enable each
reseller, certified within the facilities-based telecommunications provider's service
territory, the opportunity to provide the reseller's end users the same quality of service,
consistent with rules 2330 through 2359 that is available to the facilities-based
telecommunications provider's end users.

(II)

Such contracts shall be approved by the Commission and available for review pursuant
to Commission order.

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(d)

A facilities-based telecommunications provider may require a deposit from a reseller, pursuant to

an effective tariff on file with the Commission. The tariff shall specify, at a minimum, the amount
of the deposit, the circumstances under which the deposit shall be required, when the deposit
shall be returned, and the terms and conditions of the forfeiture of the deposit. Such deposit shall
be in an amount sufficient to recover the reasonable costs borne by the facilities-based
telecommunications provider in the event the reseller:
(I)

Discontinues telecommunications exchange service without Commission approval; or

(II)

Fails to pay the facilities-based telecommunications provider for services rendered.

(e)

In the event a reseller discontinues telecommunications exchange service without Commission

approval, the facilities-based telecommunications provider shall notify the Commission of the
reseller's discontinuance of service.

(f)

Subject to Commission approval, an ILEC shall charge resellers a price equal to the retail price
the ILEC charges end users adjusted for any marketing, billing, collection, and other costs that
will be avoided by the ILEC. For purposes of this rule, the price charged to resellers shall also
reflect any package discounts the ILEC offers to its end users for a package of retail
telecommunication services if the resold combination of products purchased is identical.

2583.

Service Quality.

(a)

For purposes of compliance with rules 2330 through 2359, the reseller is a customer of the
facilities-based telecommunications provider.

(b)

All local exchange service providers, including resellers, shall comply with all Commission rules
applicable to LECs.

(c)

The provider of local exchange services that directly interfaces with the end user is obligated to
serve that end user according to the Commission's rules.

(d)

Services offered for resale by the facilities-based telecommunications provider must be

provisioned at the same standard of quality as the services offered to its end users.

2584.

Confidentiality.

(a)

Each facilities-based telecommunications provider shall establish procedures to ensure that its
personnel, including, but not limited to, those personnel who are involved in the provision of
resold service and operational support to resellers, hold as confidential all information about the
reseller and its end users obtained solely from providing services to a reseller, and do not use
that information to compete against the reseller.

(b)

Each facilities-based telecommunications provider shall establish procedures to ensure that

specific or summarized information about a provider or a reseller or their end users obtained
solely from providing services is not used to develop any marketing strategy to compete, or
develop, market, or sell services.

(c)

Each facilities-based telecommunications provider and each reseller of its services shall develop
mutually agreeable and reciprocal arrangements for the protection of their respective customer
proprietary network information.

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2585.

Tariff Filings.

(a)

Except for those providers addressed in paragraph (b), each facilities-based telecommunications
provider shall file tariffs with the Commission implementing the resale of services according to
these rules within 30 days of the date the facilities-based telecommunications provider receives
operating authority.

(b)

Rural facilities-based telecommunications providers shall file tariffs with the Commission
implementing the resale of requested services according to these rules within 30 days after such
company has received a bona fide request by a reseller that has been granted operating authority
within the facilities-based telecommunications provider's service territory, and the Commission
has determined that such request is not unduly economically burdensome and is technically
feasible.

2586.

Negotiation, Mediation, and Arbitration.

(a)

Nothing in rule 2585 shall be construed to limit a telecommunications providers ability to reach a
negotiated, mediated, or arbitrated agreement with respect to the rates, charges, terms, and
conditions associated with the resale of retail telecommunications services.

(b)

All agreements for resale of retail telecommunications services shall be submitted to the
Commission for approval.

2587.

Regulation of Resellers.

(a)

All providers of residential basic local exchange services shall price such services to comply with
statutory provisions of 40-15-502(3), C.R.S.

(b)

A reseller that obtains a telecommunications service at wholesale, which at retail is available only
to a category of subscribers, is prohibited from offering such service to a different category of
subscribers.

(c)

If the reseller is reselling basic local exchange service to a particular end user, the end user's bill
must separately identify the reseller's Commission-authorized price for basic local exchange
service.

2588.

Dispute Resolutions.

The Commission shall resolve disputes arising out of any provision of resold retail telecommunications
services pursuant to these rules.
2589. - 2699.

[Reserved].

NUMBERING ADMINISTRATION
Efficient Use of Telephone Numbers
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to identify procedures to ensure the efficient use and assignment
of telephone numbers.
The statutory authority for the promulgation of these rules is found at 40-15-503(2)(b)(II), 40-2-108,
C.R.S. Relevant federal law exists at 47 U.S.C. 251 (e)(1) and 47 C.F.R., Part 52.19 (October 1, 2002).

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2700.

Applicability.

Rules 2700 through 2719 are applicable to all providers of telecommunications services, who have
accepted or make use of numbering resources in the Numbering Plan Areas (NPAs) assigned to
Colorado or who assign numbering resources in any NPA assigned to Colorado.
2701.

Definitions.

The following definitions apply only in the context of rules 2700 through 2719:
(a)

"Central office code" means the second three digits (NXX) of a ten-digit telephone number in the
form NPA-NXX-XXXX. A central office code is also called an NXX code. The "N" denotes
numbers 2 through 9 and X denotes numbers 0 through 9.

(b)

"Central office code administrator" means the entity responsible for the administration of the
NXXs within an NPA. The central office code administrator is also known as the North American
Numbering Plan Administrator (NANPA).

(c)

"Contaminated block" means any thousand block of telephone numbers where at least one
telephone number is not available for assignment to end users.

(d)

"Numbering Plan Area" (NPA) means the first three digits of a ten-digit telephone number in the
North American Numbering Plan. This is also called an area code. NPAs are classified as either
geographic or non-geographic.

(e)

"NXX code holder" means any telecommunications service provider that has been assigned at
least one central office code by the central office code administrator.

(f)

"Pooling administrator" means the entity responsible for the administration and assignment of the
thousand blocks in a pooling environment.

(g)

"Thousand block" means a range of a thousand consecutive telephone numbers within a single
NXX code, e.g., numbers NXX-1000 through NXX-1999 constitute a thousand block.

2702.

Assignment of Telephone Numbers in Colorado.

(a)

All providers with numbers assigned from the NPAs in the Colorado (303, 719, 970, 720, or any
future NPAs assigned to Colorado) shall assign numbers from a single opened thousand block
within an NXX before assigning telephone numbers from an uncontaminated thousand block.

(b)

Notwithstanding paragraph (a), a provider may assign telephone numbers in a thousand block
different from the thousand block described in paragraph (a) if the available numbers in the
opened thousand block are not sufficient to meet a specific customer request.

(c)

The Central Office Code Administrator and Pooling Administrator must perform their central office
code administration and thousand block administration functions in such a manner as to support
these rules.

(d)

Upon implementation of any number pooling between providers in Colorado, providers

participating in pooling must make uncontaminated thousand blocks and thousand blocks with
less than ten percent contamination available to the Pooling Administrator for possible
reassignment to other providers in a number pooling process.

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(e)

All providers that are required to be local number portability (LNP) capable pursuant to paragraph
2724(c) shall participate in number pooling for a particular geographic area when implemented by
the Pooling Administrator.

(f)

All providers shall provide services in such a manner as not to encourage the inefficient use or
depletion of telephone numbers in any Colorado NPA.

2703.

Variance.

Any provider seeking relief from the requirements of rules 2700 through 2719 or pursuant to 47 C.F.R.
52.15(g) shall request a variance by petition to the Commission. The petition shall demonstrate (1) a
request from an end-user customer detailing the specific need for telephone numbers; and (2) the
carriers inability to meet the customers request from the carriers current inventory of numbers. The
designated Commission Staff shall act on the petition within 14 days of receiving the required information.
If the petitioner disagrees with the Staffs determination, the petitioner may formally request a
Commission ruling.
2704. - 2719.

[Reserved].

Local Number Portability and Administration

Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to establish local number portability (LNP) regulations so that end
users can choose between authorized telecommunications providers without losing their telephone
numbers; to establish mechanisms supporting LNP; and to identify LNP database network architecture.
The statutory authority for the promulgation of these rules is found at 40-2-108 and 40-15503(2)(b)(II), C.R.S.
2720.

Applicability.

Rules 2720 through 2739 shall apply to all facilities-based LECs.

2721.

Definitions.

The following definitions apply only in the context of rules 2720 through 2739:
(a)

"Limited Liability Company" (LLC) means the legal entity given the responsibility of selecting and
managing the Number Portability Administration Center (NPAC) in Colorado. This entity is made
up of representatives of providers that are or will be porting numbers.

(b)

"Number portability administration center" (NPAC) means the independent third-party

administrator of the Service Management System (SMS) and LNP database.

(c)

"Portable NXX" means an NXX that the public switched telephone network, in doing call routing,
recognizes as an address that may require routing on the basis of something other than the
dialed digits, and that the telephone company billing system, in determining which provider serves
the billed telephone number, recognizes may involve a provider other than the one to which the
NXX is assigned.

(d)

"Ported telephone number" means a telephone number (TN) that is served (receives dial tone)
from a switch other than the one to which the NXX is assigned.

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2722.

Incorporation by Reference.

The FCCs LNP First Report and Order, Decision No. FCC 96-286 in CC Docket No. 95-116, released
July 2, 1996, is incorporated by reference, as identified in rule 2008.
2723.

Local Number Portability.

If a customer changes basic local exchange providers and remains within the same rate center, the
customer shall have the option to retain the customer's telephone number(s).
2724.

Long-Term Service Provider Number Portability.

(a)

Long-term service provider number portability, as described in rule 2723, shall be attained by
means of a database network architecture.

(b)

The database network architecture employed shall meet the following performance criteria:
(I)

Supports network services, features, and capabilities existing at the time number
portability is implemented, including emergency services, Custom Local Area Signaling
System (CLASS) features, operator and directory assistance services, and intercept
capabilities;

(II)

Efficiently uses numbering resources;

(III)

Does not require customers to change their telephone numbers;

(IV)

Does not result in unreasonable degradation in service quality or network reliability;

(V)

Does not result in any degradation in service quality or network reliability when customers
switch carriers;

(VI)

Does not result in a carrier having a proprietary interest in the network architecture;

(VII)

Is able to migrate to location and service portability; and

(VIII)

Has no significant adverse impact outside the areas where number portability is
deployed.

(c)

Implementation. All facilities-based LECs offering service in the top 100 Metropolitan Statistical
Areas (MSAs) as defined by the U.S. Bureau of Census, including those listed in the FCCs LNP
First Report and Order, Decision No. FCC 96-286 in CC Docket No. 95-116, Appendix D, must
provide a long-term database method for number portability upon entry. All facilities-based LECs
offering service in areas outside the top 100 MSAs must make number portability available six
months after a request from a competing carrier.

(d)

NPAC.
(I)

The long-term service provider portability database shall be administered by an NPAC.

The NPAC shall be the exclusive source of LNP database information for facilities-based
Colorado service providers.

(II)

The NPAC shall be selected and contracted to perform its duties by the LLC.

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2725. - 2739.
N-1-1

[Reserved].

Abbreviated Dialing Codes

Basis, Purpose, and Statutory Authority

The basis and purpose for these rules is to establish Colorado N-1-1 regulations so that the use of N-1-1
in Colorado is consistent with the FCC assignments by: identifying the designated uses of N-1-1 codes;
identifying the limitations of the N-1-1 code usage; and establishing Commission procedures regarding
petitions for N-1-1 use or assignment.
The statutory authority for the promulgation of these rules is found at 40-3-102, 40-15-201,and 40-2108, C.R.S. These rules are consistent with the FCC's rules found at 47 C.F.R., Part 52 (October 1,
2002).
2740.

Applicability.

Rules 2740 through 2799 are applicable to all telecommunications providers.

2741.

Abbreviated Dialing Codes.

(a)

Definitions.

(b)

(c)

[Emer.rule eff. 9/6/06; Perm. rule eff. 11/30/06]

(I)

"Abbreviated dialing codes" enable callers to connect to a location in the telephone

network that otherwise would be accessible only through the use of a seven or ten-digit
telephone number. The network must be pre-programmed to translate the three-digit
code into the appropriate seven or ten-digit telephone number, including toll free
numbers, and route the call accordingly.

(II)

"N-1-1" codes are three-digit codes of which the first digit can be any digit other than 1 or
0, and the last two digits are both 1. N-1-1 codes "0-1-1" and "1-1-1" are unavailable
because "0" and "1" are used for switching and routing purposes.

The following abbreviated dialing codes have been designated and assigned by the FCC and
shall be used for the FCC's stated purpose in Colorado:
(I)

2-1-1 - Community Information and Referral Services;

(II)

3-1-1 - Non-emergency governmental police and other governmental service information;

(III)

5-1-1 - Traffic and Transportation Information;

(IV)

7-1-1 - Telecommunications Relay Service;

(V)

8-1-1 - Advanced Notice of Excavation Activities; and

(VI)

9-1-1 - Emergency Service.

The following abbreviated dialing codes are commonly used for the FCC's stated purpose in
Colorado, but may be used for other purposes:
(I)

4-1-1 - Directory Assistance and Directory Assistance Call Completion; and

(II)

6-1-1 - Repair Service.

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(d)

A provider in Colorado may assign or use N-1-1 dialing codes only as directed by the
Commission.

(e)

The following limitations apply to a provider's use of N-1-1 dialing codes for internal business and
testing purposes:

(f)

(I)

The provider's use shall not interfere with the assignment of such numbers by the FCC or
with the North American Numbering Plan (NANP); and

(II)

The provider's use shall be discontinued upon 30-days notice if the dialing code is
reassigned on a statewide or nationwide basis, provided that the code not be reassigned
earlier than six months after the providers use is discontinued in order to allow sufficient
time for customer education regarding the discontinuance and reassignment of the
dialing code.

Rule relating to the provisioning of the 2-1-1 abbreviated dialing code for community information
and referral services.
(I)

An entity submitting an application for use of the 2-1-1 abbreviated dialing code
established by the Commission, shall be granted use of that dialing code if it is found to
meet a public benefit standard outlined in this rule. Any applicant that is granted the
authority to offer 2-1-1 access to a referral service for non-commercial community
resource information shall comply with this rule and any provisions set out in the
Commission decision granting such authority.
(A)

(II)

Assignment of 2-1-1 abbreviated dialing code. The assignment of the 2-1-1

abbreviated dialing code will be considered by the Commission upon:
(i)

The Commissions own motion; or

(ii)

The application of an information and referral organization.

Application. An entity filing an application to request assignment of the 2-1-1 abbreviated

dialing code for access to community information and referral services shall present
evidence that a public benefit exists. The application shall include, in the following order
and specifically identified, the following information, either in the application or in
appropriately identified attached exhibits:
(A)

Background of the applicant, including composition of any governing board or

agency;

(B)

Demonstration of public need;

(C)

Comprehensive list of participating agencies including proposed process to add

to or delete agencies from the list;

(D)

Historic volume of calls seeking community service information;

(E)

Affected geographic area including list of cities, towns, counties, and central
offices, if known, and any plans for expansion of that initial geographic area;

(F)

Staffing expectations, including hours and days of operation;

(G)

Proposed cost recovery solution, including funding mechanisms;

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(g)

(H)

Letters of support from stakeholders (e.g., community members, government

agencies, non-profit organizations);

(I)

Proposed plan for community notification and outreach; and

(J)

Other information demonstrating a public benefit.

(III)

If two or more entities file an application with the Commission to provide community
information and referral services using 2-1-1 in the same or overlapping geographic
areas, the Commission shall use the criteria in subparagraph (f)(II) to establish one
assignee.

(IV)

When an application is granted by the Commission under subparagraph (f)(II), all

telecommunications providers that provide service in the geographic area outlined in the
application shall complete the following tasks:
(A)

If an affected provider is using 2-1-1 for purposes other than access to

community information and referral services, that provider shall discontinue use
for that non-compliant purpose.

(B)

If the affected provider plans to seek recovery of its costs associated with 2-1-1
implementation, the affected provider shall calculate the cost for the necessary
translations and facilities work.

(C)

The affected provider shall estimate the time required to perform the necessary
translation and/or facilities work to allow 2-1-1 call completion from its
subscribers as requested in the application.

(V)

Within 30 days of the granting of an application the affected provider shall file with the
Commission the information requested in subparagraphs (f)(II)(B) and (C).

(VI)

Upon a showing that the public will benefit from the assignment of 2-1-1 to an applicant
and factoring in the provider filed information, the Commission will establish a timeline for
assignment and use of the 2-1-1 abbreviated dialing code in the affected geographic
area. All providers serving customers in the affected area shall comply with this
assignment date unless a variance is sought and granted.

Rules relating to the provisioning of the 3-1-1 abbreviated dialing code for non-emergency
governmental police and other governmental service information:
(I)

A government entity submitting a petition for use of the 3-1-1 abbreviated dialing code
established by the Commission, shall be granted use of that dialing code if it is found to
meet the public benefit standards as delineated in this rule. Any government entity that is
granted the authority to offer 3-1-1 access to non-emergency police and other
governmental services information shall comply with this rule and any other provisions
set out in the Commissions decision granting such authority.

(II)

Definitions. The following definitions apply to paragraph (g):

(A)

Affected area means the geographic area within which a 3-1-1 abbreviated
dialing code is sought to be used, will be used, or (after implementation) is used
for the purpose of providing non-emergency police and other governmental
service information to the public.

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(B)

Government entity or entity means a department or agency of the state of

Colorado, any county, or any city, municipality or town as those terms are
defined in 31-1-101 C.R.S.; and any Ambulance District, Fire Protection
District, Health Service District or Metropolitan District as those terms are defined
in 32-1-103 C.R.S.

(III)

On and after the date established by the Commission for implementation within an
affected area, an assigned 3-1-1 abbreviated dialing code shall be used within that
affected area exclusively to deliver non-emergency police and other governmental
service information to the public.

(IV)

Process for Assignment of 3-1-1 Abbreviated Dialing Code. The Commission will
consider assignment of the 3-1-1 abbreviated dialing code either upon the Commissions
own motion or upon the filing of a petition by a governmental entity.

(V)

The Commission will assign a 3-1-1 abbreviated dialing code when, after taking into
consideration the available information, the Commission finds that assignment of a 3-1-1
abbreviated dialing code in a specific affected area for the purpose of delivering nonemergency police and other governmental service information to the public is in the
public interest. A governmental entity that is granted the authority to offer access to nonemergency police and other governmental service information using a 3-1-1 abbreviated
dialing code shall comply with this rule and with the provisions contained in the
Commissions decision granting authority.

(VI)

Petition for Assignment of a 3-1-1 Abbreviated Dialing Code. A governmental entity filing
a petition must present evidence that a public benefit exists. The Commission will
evaluate the petition based upon the evidence presented.

(VII)

Contents of the Petition. A petition shall contain the following information and, as
necessary, supporting documentation:
(A)

(B)

Specific information regarding the entity including:

(i)

The name and address of the governmental entity filing the petition;

(ii)

The name, address and telephone number of the person filing the
petition on behalf of the governmental entity;

(iii)

The name, address, telephone number, facsimile number, and e-mail

address of the entitys representative to whom all inquiries concerning
the petition should be addressed;

(iv)

The name, address, and telephone number of the person to contact with
respect to the implementation and/or provisioning of the 3-1-1
abbreviated dialing service, if different from the person identified in (iii) in
the event the Commission grants the petition;

(v)

Information about the governmental entity, including the composition of

any governing board or agency.

A statement that the entity agrees to answer all questions propounded by the
Commission or its Staff concerning the petition.

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(C)

A detailed plan for the use of the 3-1-1 abbreviated dialing code, including:
(i)

A description of the services to be offered;

(ii)

Proposed hours of operation;

(iii)

Proposed staffing;

(iv)

A description of the staff training;

(v)

A detailed plan for community outreach with examples of notices and

releases;

(vi)

The proposed method for routing the 3-1-1 calls to the call center.

(D)

A precise description of the affected area, including a map of the affected area.

(E)

Historic volume of calls seeking non-emergency police and other governmental

services information.

(F)

Demonstration of public need, including letters of support.

(G)

Estimated cost of implementation and the on-going provisioning of the 3-1-1

abbreviated dialing code.

(H)

Identification of funding source(s) for implementation and maintenance of the

service, should the Commission grant the petition.

(I)

Acknowledgement that by signing the petition the entity understands that:

(i)

The filing of the petition does not, by itself, constitute approval of the
petition.

(ii)

If the petition is granted, the entity shall not commence the requested
action until the entity has complied with applicable Commission rules and
with any conditions established by the Commission order granting the
petition.

(VIII)

In the event two or more requests for 3-1-1 are made to the Commission that cover the
same geographic area or overlap the same geographic area, the governmental entities
making the conflicting requests shall attempt to negotiate a settlement as to which entity
shall provide the service in conflict. In the event the entities are not able to resolve a
conflicting request for 3-1-1 service, the Commission shall have the final authority to
determine which entity shall provide 3-1-1 service, taking into account the nature of the
services to be provided, the number of residents the entity serves and the potential
frequency of access to entities wishing to implement the 3-1-1 service.

(IX)

The Commission shall mail its order granting the petition to all jurisdictional providers that
offer service in the affected area.

(X)

When it receives notice of a Commission order assigning the 3-1-1 abbreviated dialing
code for providing non-emergency police and other governmental service information to
the public, a jurisdictional telecommunications provider that provides telecommunications
services in the affected area shall:

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(A)

If the jurisdictional telecommunications service provider is using a 3-1-1

abbreviated dialing code for purposes other than providing the public with access
to non-emergency police and other governmental service information, that
provider shall discontinue use for that non-compliant purpose within 30 days or
such other time as the Commission shall order.

(B)

If the jurisdictional telecommunications service provider plans to seek recovery of

its costs associated with implementation using the 3-1-1 abbreviated dialing code
associated with non-emergency police and other governmental service
information, the provider shall perform all analyses required to quantify its costs
for the necessary translations and/or facilities work associated with
implementation of the 3-1-1 abbreviated dialing code. If a provider does not
intend to recover its implementation costs, no analysis is required.

(C)

The jurisdictional telecommunications service provider shall estimate the time

required to perform the necessary translation and/or facilities work to allow 3-1-1
call completion for its subscribers as requested in the Petition, keeping in mind
that the FCC has determined that a request for 3-1-1 service shall initiate a 6
month deadline to take any necessary steps to complete 3-1-1 calls.

(D)

No fewer than 30 days prior to the Commission-ordered implementation date,

each jurisdictional telecommunications service provider that offers service within
the affected geographic area shall file, on not less than 30 days notice, an
advice letter and accompanying Tariff that describes the availability of the 3-1-1
abbreviated dialing code; that contains the terms and conditions of the 3 - 1-1
abbreviated dialing code service; and, if the provider desires to recover its costs,
the rates for the 3-1-1 abbreviated dialing code service.

(E)

All jurisdictional telecommunications service providers serving customers in the

affected area shall comply with the Commission-established schedule unless a
waiver is sought and granted.

(XI)

Upon a showing that it is in the public interest to assign the 3-1-1 abbreviated dialing
code for providing non-emergency police and other governmental service information to
the public, and considering the jurisdictional providers filed information pursuant to
paragraph (C), the Commission will establish a schedule for assignment and
implementation of the 3-1-1 abbreviated dialing code in the affected area.

(XII)

Discontinuance of offering of 3-1-1 access.

(A)

Any governmental entity that has been granted the authority to offer 3-1-1 access
and wishes to discontinue providing the 3-1-1 service shall file a notification with
the Commission not fewer than 45 days prior to the effective date of the
proposed discontinuance. The Commission may give notice of the notification if it
determines notice would be in the public interest.

(B)

Contents of the notification. The notification shall contain the following

information:
(i)

The entity's name, complete mailed address (street, city and zip code),
telephone number, and e-mail address;

(ii)

Name, mailing address, telephone number and e-mail address of the

person to contact for questions regarding the discontinuance;

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(h)

(iii)

The proposed effective date, which shall not be sooner than 45 days
after the date on which the notification is filed with the Commission;

(iv)

The reason(s) for the discontinuance;

(v)

A detailed description of the affected area, including a map of the

affected area;

(vi)

A copy of the notice to the affected users of the discontinuance of 3-1-1

service and a list of all the newspapers of general circulation in which the
notice of discontinuance will be published;

(vii)

A detailed description of the other means to be utilized to inform and

educate the affected users of the discontinuance of 3-1-1 service;

(viii)

Acknowledgment that by signing the notification, it is understood and

agreed that:

(ix)

Filing of the notification does not, by itself, constitute authority to

discontinue the offering of the service; and

(x)

If the discontinuance is granted, it is conditional upon fulfillment of any

conditions established by Commission order.

(xi)

An affidavit signed by a person who is authorized to act on behalf of the

provider, stating that the contents of the notification are true, accurate
and correct.

Rules relating to the provisioning of the 5-1-1 abbreviated dialing code for traffic and
transportation information:
(I)

A government entity submitting a Petition for use of the 5-1-1 abbreviated dialing code
established by the Commission, shall be granted use of that dialing code if it is found to
meet the public benefit standard outlined in this rule. Any petitioner that is granted the
authority to offer 5-1-1 access to intelligent transportation systems or other transportation
information shall comply with this rule and any provisions set out in the Commissions
decision granting such authority.
(A)

Process for Assignment of 5-1-1 Abbreviated Dialing Code. The assignment of

the 5-1-1 abbreviated dialing code will be considered by the Commission upon:
1) the Commissions own motion; or 2) the Petition of a government entity.

(B)

Petition for Consideration of the Assignment of 5-1-1. A government entity filing a

Petition to request consideration of the assignment of the 5-1-1 abbreviated
dialing code for intelligent transportation systems or other transportation
information must present clear and convincing evidence that a public benefit
exists. The Commission will evaluate the Petition based upon this evidence.

(C)

Contents of the Petition. The Petition shall contain the following information and
documentation:
(i)

Background of the Petitioner, including composition of any governing

board or agency;

(ii)

Demonstration of public need;

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(i)

(iii)

Historic volume of calls seeking transportation information;

(iv)

Proposed affected geographic area, including a list of cities/towns and

counties or central offices, if known, and any plans for expansion of that
initial geographic area;

(v)

Proposed cost recovery solution, including funding mechanisms;

(vi)

Letters of support from stakeholders;

(vii)

Proposed plan for community outreach and notification; and

(viii)

Other pertinent factors that the Commission deems relevant.

(II)

If two or more entities petition the Commission to provide access to intelligent

transportation systems or other transportation information using 5-1-1 in the same or
overlapping geographic areas, the Commission shall apply the criteria in subparagraph
(C) to establish one assignee.

(III)

When a Petition is granted by the Commission under subparagraph (C), any jurisdictional
telecommunications provider that provides service in the geographic area outlined in the
Petition shall complete the following tasks:
(A)

If an affected jurisdictional telecommunications service provider is using 5-1-1 for

purposes other than access to intelligent transportation systems or other
transportation information, that provider shall discontinue use for that
noncompliant purpose.

(B)

If the affected jurisdictional telecommunications service provider plans to seek

recovery of internal costs associated with 5-1-1 call completion, the affected
provider shall perform all analyses required to quantify its cost for the necessary
translations and/or facilities work.

(C)

The affected jurisdictional telecommunications service provider shall estimate the

time required to perform the necessary translation and/or facilities work to allow
5-1-1 call completion from its subscribers as requested in the petition.

(IV)

Within 30 days of the granting of a Petition, the affected jurisdictional telecommunications

service providers shall file with the Commission the information requested in
subparagraphs (B) and (C).

(V)

Upon a showing that the public will benefit from the assignment of 5-1-1 to a petitioner
and factoring in the jurisdictional telecommunications service providers filed information
the Commission will set a timeline for assignment and implementation of the 5-1-1
abbreviated dialing code in the affected geographic area. All jurisdictional
telecommunications service providers serving customers in the affected area will comply
with this assignment date unless a waiver is sought and granted.

Rules relating to the provisioning of the 7-1-1 abbreviated dialing code for telecommunications
relay service:
(I)

See rules 2820 through 2839.

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(j)

Rules relating to the provisioning of the abbreviated dialing code 8-1-1 for providing advanced
notice of excavation activities to underground facility operators:
(I)

An entity submitting a Petition for use of the 8-1-1 abbreviated dialing code established
by the Commission, shall be granted use of that dialing code if it is found to meet a public
benefit standard outlined in this rule. Any petitioner that is granted the authority to offer 81-1 access to provide a means for excavators and the general public to notify facility
operators in advance of their intent to engage in excavation activities shall comply with
this rule and any provisions set out in the Commissions decision granting such authority.
(A)

Process for Assignment of 8-1-1 Abbreviated Dialing Code. The assignment of

the 8-1-1 abbreviated dialing code will be cons idered by the Commission upon:
1) the Commissions own motion; or 2) the Petition of an entity.

(B)

Petition for Consideration of the Assignment of 8-1-1. An entity filing a Petition to

request consideration of the assignment of the 8-1-1 abbreviated dialing code to
provide a means for excavators and the general public to notify facility operators
in advance of their intent to engage in excavation activities must present clear
and convincing evidence that a public benefit exists. The Commission will
evaluate the Petition based upon this evidence.

(C)

Contents of the Petition. The Petition shall contain the following information and
documentation:
(i)

Background of the Petitioner, including composition of any governing

board or agency;

(ii)

Demonstration of public need;

(iii)

Historic volume of calls seeking notification to facility operators in

advance of their intent to engage in excavation activities;

(iv)

Proposed affected geographic area;

(v)

Proposed cost recovery solution, including funding mechanisms;

(vi)

Proposed plan for community outreach and notification; and

(vii)

Other pertinent factors that the Commission deems relevant.

(II)

If two of more entities petition the Commission to provide a means for excavators and the
general public to notify facility operators in advance of their intent to engage in excavation
activities using 8-1-1 in the same or overlapping geographic areas, the Commission shall
use the criteria in subparagraph (C) to establish one assignee.

(III)

When a Petition is granted by the Commission under subparagraph (C), any

telecommunications provider that provides service in the geographic area outlined in the
Petition, shall complete the following tasks:
(A)

If an affected telecommunications service provider is using 8-1-1 for purposes

other than access to notification to facility operators in advance of their intent to
engage in excavation activities, that provider shall discontinue use for that noncompliant purpose.

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(k)

If the affected telecommunications service provider plans to seek recovery of

internal costs associated with 8-1-1 call completion, the affected provider shall
perform all analyses required to quantify the cost to its individual company for the
necessary translations and/or facilities work.

(C)

The affected telecommunications service provider shall estimate the time

required to perform the necessary translation and/or facilities work to allow 8-1-1
call completion from its subscribers as requested in the Petition.

(IV)

Within 30 days of the granting of a Petition, the affected telecommunications service

providers shall file with the Commission, the information requested in subparagraphs (B)
and (C).

(V)

All telecommunications service providers serving customers in the affected area will
complete the requirements of subparagraph IV to allow for 8-1-1 call completion no later
than April 13, 2007, unless a waiver is sought and granted.

Rules relating to the provisioning of the 9-1-1 abbreviated dialing code for emergency services:
(I)

(l)

(B)

See rules 2130 through 2159.

Neither an entity granted the use of a N-1-1 abbreviated dialing code nor a provider may charge
end users a fee on a per-call or per-use basis for using the N-1-1 system without the consent of
the Commission.
(l)

2742. 2799.

Sale or transfer of N-1-1 codes through private transactions is not allowed.

[Reserved].

PROGRAMS
2800. 2819. [Reserved].
Telecommunications Relay Services for Disabled Telephone Users
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to implement Article 17 of Title 40, C.R.S., Telecommunications
Relay Services (TRS) for Disabled Users compliant with the federal Americans with Disabilities Act of
1990 and which are consistent with the Commission's quality of service rules; require relaycommunicated messages to be delivered promptly, accurately, privately, and confidentially; specify the
types of calls that are included as telecommunications relay services; and implement a cost recovery
mechanism.
The statutory authority for the promulgation of these rules is found at 40-3.4-106; 40-15-502(3)(a); 4017-103(2) and (3); and 40-2-108, C.R.S.
2820.

Applicability.

Rules 2820 through 2839 are applicable to all providers of basic local exchange telecommunications
services, certificated to do business in the state.

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2821.

Definitions [Reserved].

2822.

Incorporation by Reference.

References in rules 2820 through 2839 to Part 64 are references to rules issued by the FCC and have
been incorporated by reference, as identified in rule 2008.
2823.

Conformity with the Federal Americans with Disabilities Act of 1990.

(a)

Adoption of federal regulations. For the purpose of providing telecommunications relay services in
Colorado, the Commission adopts the FCC's rules and regulations establishing mandatory
minimum operational and technical standards, found at 47 C.F.R. 64.601 and 64.604 (a) and
(b). These rules require that telecommunication relay service providers relay communicated
messages promptly and accurately, maintain the privacy of persons who receive
telecommunications relay services, and preserve confidentiality of all parties in connection with
relayed messages.

(b)

Enforcement. The Commission shall resolve any formal complaint alleging a violation of this rule
pursuant to its normal complaint process, except that the Commission shall take final action
regarding such formal complaint within 180 days after the formal complaint is filed.

(c)

Public access to information. All local exchange providers and IXCs, through publication in their
directories, periodic billing inserts, placement of telecommunications relay services instructions in
telephone directories, through directory assistance services, and incorporation of
telecommunications relay service numbers in telephone directories, shall assure that callers in
their service areas are aware of the availability and the use of telecommunications relay services.

(d)

The FCC has assigned the abbreviated dialing code 7-1-1 for access to telecommunications relay
services. All providers of local exchange services must allow for call completion using this
abbreviated dialing code.

(e)

Jurisdictional separation of costs.

2824.

(I)

Where appropriate, the costs of providing telecommunications relay services shall be

separated in accordance with applicable federal separations procedures and agreements
(see 40-15-108(1)).

(II)

Costs caused by interstate telecommunication relay services shall be recovered

according to applicable federal rule. Costs caused by intrastate telecommunication relay
services shall be recovered from the intrastate jurisdiction consistent with this rule.

Conformity with the Commission's Quality of Service Rules.

The provider of TRS in Colorado shall be subject to any applicable Commission quality of service rule(s).
In the case of conflict between the Commission's rule and the federal rule incorporated by reference in
rule 2822, the more stringent of the two shall apply.
2825.

Rates - Calls Included as Telecommunications Relay Calls.

Intrastate local, intraLATA interexchange, and interLATA interexchange calls shall be included as TRS.
The costs of any toll service or any other service that is not a basic local exchange service is to be borne
by the TRS user; however, the TRS user shall pay rates no greater than the rate paid for functionally
equivalent voice communication services with respect to factors such as the duration of the call, the time
of day, and the distance from the point of origination to the point of termination.

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2826.

Commission Powers and Duties.

(a)

The Commission shall administer and contract for telecommunications relay services with a
telecommunications provider (Contractor). The Commission, as Administrator, shall direct that the
cost of these services shall be paid from the Colorado Disabled Telephone Users Fund. The
contract shall conform to these rules, and shall make available adequate procedures and
remedies for enforcing the requirements.

(b)

Each month, the Contractor shall request reimbursement of its expenses from the Commission.
The Commission shall, upon its approval of the expenses, remit the approved amount to the
Contractor and shall debit the approved amount from the Colorado Disabled Telephone Users
Fund.

2827.

Administration of the Colorado Disabled Telephone Users Fund.

(a)

Fund administration. The Commission shall determine, and by appropriate order, impose a
uniform charge on each business and residential access line in a uniform amount. In order to
adjust the uniform charge the Commission requires certain information. To assist the
Commission:

(b)

(I)

In compliance with annual state budget cycle timelines and requirements, the
Commission shall estimate its administrative expenses incurred under 40-17-101
through 104, C.R.S.

(II)

If the monthly uniform charge, per access line, as determined by the Commission,
exceeds 15 cents, the Commission shall within 20 days prepare a report for the
Legislative Appropriation Committees which would justify any additional increase in the
monthly uniform charge.

Uniform charge.
(I)

The uniform charge imposed pursuant to 40-17-103(3)(a), C.R.S., shall be billed to

each access line provided by each LEC.

(II)

The uniform charge shall not be included in each subscriber's bill as part of the
subscriber's base rate. The uniform charge shall be listed as a separate item appearing
on each customer's monthly billing statement as rendered by each local exchange
provider. The charge shall be listed as the "Colorado Telecommunications Relay Service
Fund."

(III)

Upon collecting the uniform charge, each local exchange provider may retain, from the
total charges collected, a vendor fee in the amount of three-fourths of one percent of the
amount of total monthly uniform charges collected by such local exchange provider. The
vendor fee is intended to reimburse local exchange providers for administrative costs in
imposing and collecting the uniform charge. No later than the last day of the following
month, each local exchange provider shall remit to the Commission or the State
Treasurer the amount the provider collected for the previous month, less the applicable
vendor fee. The funds collected shall be credited to the Colorado Disabled Telephone
Users Fund.

(IV)

Every month, each local exchange provider shall submit to the Commission a completed
"Colorado Telecommunications Relay Service Surcharge" form. This form is available
from the Commission or its website.

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(A)

(B)

2828. - 2839.

The following information is required:

(i)

Company name, as is on-file with the Commission;

(ii)

The name, telephone number, facsimile number, and e-mail address, if

available, of the person preparing the form on behalf of the provider;

(iii)

The month for which the charges are being reported;

(iv)

The number of access lines being reported;

(v)

The total surcharge amount collected for the month being reported;

(vi)

Adjustments to customer bills;

(vii)

The vendor fee being withheld; and

(viii)

The total remittance.

The "Colorado Telecommunications Relay Service Surcharge" form must be

signed and dated by a company representative authorized to do so. The name
and telephone number of the most appropriate company representative to whom
questions may be directed must also be included on the form.

[Reserved].

High Cost Support Mechanism and High Cost Administration Fund

Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to establish the process used by the Commission to implement
and the provisions of the high cost support mechanism while remaining consistent with the relevant rules
and orders of the FCC.
The statutory authority for the promulgation of these rules is found at 40-3-102, 40-15-208(2)(a), 4015-502, and 40-2-108, C.R.S.
2840.

Applicability.

Rules 2840 through 2869 govern the operation of the Colorado High Cost Support Mechanism (HCSM)
and the Colorado High Cost Administration Fund and shall apply to all providers of intrastate
telecommunications services.
2841.

Definitions.

The following definitions apply only in the context of rules 2840 through 2869:
(a)

"Administrator" means the Commission, or a designee employed by the Commission, pursuant to

40-15-208(3), C.R.S., that performs the administrative functions of the HCSM under the
direction of the Commission.

(b)

"Average-schedule rural provider" means a rural telecommunications service provider that is an

average-schedule company as defined and used in 47 C.F.R. 69.605 through 69.610.

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(c)

"Colorado High Cost Administration Fund" (Fund) means the fund created in the state treasury for
the purpose of reimbursing the Commission acting as Administrator for its expenses incurred in
the administration of the HCSM.

(d)

"Geographic area" means a Commission-defined area of land usually smaller than an incumbent
provider's wire center serving area included wholly within the incumbents wire center boundaries.

(e)

"Geographic support area" means a geographic area where the Commission has determined that
the furtherance of universal basic service requires that support be provided by the HCSM.

(f)

"High Cost Support Mechanism" (HCSM) means the mechanism created by Colorado statute for
the support of universal service for basic local exchange service within a rural Colorado, high-cost
geographic support area.

(g)

"Intrastate proxy cost" means that portion of proxy cost that is jurisdictionally applicable to the
provision of intrastate supported services. Pursuant to 40-15-108, C.R.S., the intrastate proxy
cost is produced by applying the separation factors of 47 C.F.R., Part 36, to the estimated
investments and expenses produced by the Commission approved Proxy Cost Model.

(h)

"Proxy cost" means a per access line estimate of the cost required to compensate a provider for
the provisioning of specific supported services and features based upon the level of investment
calculated by the Commission-approved Proxy Cost Model.

(i)

"Proxy cost model" means a model which produces a per access line estimate of the reasonable,
required level of investment and expenses in a particular geographic area (i.e., wire center basis)
for a defined set of telephone services and features assuming least-cost efficient engineering and
design criteria and technology-neutral deployment of current state-of-the-art technology, and
using the current local exchange network topology and the total number of access lines in each
area.

(j)

"Retail revenues" means the gross revenues associated with contribution levels to the HCSM
from the sale of intrastate telecommunications pre-paid and post-paid services to end-use
customers. Intrastate telecommunications services include, but are not limited to, all types of local
exchange service; non-basic, vertical, or discretionary services, also known as advanced
features, such as call waiting, call forwarding, and caller identification, or premium services such
as voicemail; listing services; directory assistance service; wireless and other cellular telephone
and paging services; mobile radio services; personal communications services (PCS); both
optional and non-optional operator services; wide area telecommunications services (WATS) and
WATS-like services; toll free service; 900 service and other informational services; toll service;
private line service; special access service; special arrangements; special assemblies;
CENTREX, Centron, and Centron-like services; ISDN, IAD and other multi-line services, telex;
telegraph; video and/or teleconferencing services; satellite telecommunications service; the
resale of intrastate telecommunications services; payphone services; any services regulated by
the Commission under 40-15-305(2), C.R.S.; and such other services as the Commission may
by order designate from time to time as equivalent or similar to the services listed above.
Revenues associated with the sale of video services other than video conferencing identified in
40-15-401(1)(a), C.R.S., shall not be considered a part of retail revenues associated with
contribution levels.

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(k)

"Revenue benchmark" means a calculated amount of intrastate revenues per access line. A
separate revenue benchmark shall be established for residential service and for business service
for each geographic area according to the following formulae:
(I)

(II)

(III)

"Residential revenue benchmark", for each geographic area is calculated as the sum of
the following types of revenues received by the provider that serves the relevant
geographic area as of January 1 of the previous year.
(A)

The weighted average monthly revenues per residential line for all types of
residential basic local exchange service in that geographic area including, but not
limited to flat, measured or message services; as provided in subparagraph
2841(k)(III), the Commission-approved benchmark rates shall be imputed if the
companys existing tariff rates are less than the benchmark rates; plus

(B)

One-half of the average residential revenues per line in that geographic area
from non-basic, vertical, or discretionary services including, but not limited to,
package and bundled features, call waiting, call forwarding, and caller
identification; plus

(C)

The average intrastate residential carrier common line access charges and
imputed carrier common line access charges in intrastate toll services in a
geographic area; plus

(D)

Support from the Federal High Cost Loop Support; plus

(E)

Such other revenues as the Commission, by order, deems included.

"Business revenue benchmark", for each geographic area is calculated as the sum of the
following types of revenues received by the ILEC that serves the relevant geographic
area as of January 1 of the previous year:
(A)

The weighted average monthly revenues per business line for all types of
business basic local exchange service in that geographic area including, but not
limited to, flat, measured or message services; as provided in subparagraph
2841(k)(III), the Commission-approved benchmark rates shall be imputed if the
companys existing tariff rates are less than the benchmark rates; plus

(B)

One-half of the average business revenues per line in that geographic area from
non-basic, vertical, or discretionary services including, but not limited to, package
and bundled features, call waiting, call forwarding, and caller identification; plus

(C)

The average intrastate business carrier common line access charges and
imputed carrier common line access charges in intrastate toll services in a
geographic area; plus

(D)

Support from the Federal High Cost Loop Support; plus

(E)

Such other revenues as the Commission, by order, deems included.

The statewide residential and business revenue benchmark rates are the Commissionapproved rates for purposes of calculating the HCSM support and shall be used in
subparagraphs 2841(k)(I)(A) and (II)(A).

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2842.

Incorporation by Reference.

References in rules 2840 through 2869 to Parts 32, 36, 54, 64, and 69, are references to rules issued by
the FCC and have been incorporated by reference, as identified in rule 2008.
2843.

General.

The HCSM shall be coordinated with the Federal Universal Service Fund (USF), as described by
regulations found at 47 C.F.R. 36.601 to 36.641 and 54.1 to 54.707 and any other Universal
Service Support Mechanism that may be adopted by the FCC pursuant to 47 U.S.C. 254 of the
Communications Act, as amended by 101 of the Telecommunications Act of 1996.
(a)

The HCSM shall operate on a calendar-year basis. The Commission shall, by November 30 of
each year, adopt a budget for the HCSM including the:
(I)

Proposed benchmarks;

(II)

Proposed contributions that may be collected through a rate element assessment by

each telecommunications provider; and

(III)

Proposed total amount of the HCSM fund from which distributions are to be made for the
following calendar year.

(b)

If the budget prepared pursuant to paragraph (a) and submitted to the General Assembly
pursuant to paragraph 2849(p) includes a proposal for an increase in any of the amounts listed in
paragraph (a), such increase shall be suspended until March 31 of the following year.

(c)

Beginning in 2012, the HCSM fund is capped at $54,000,000 annually. If the annual calculated
support amount is above the $54,000,000 capped amount due to Commission approved requests
for funding or to the increase in the number of access lines or handsets per carrier, a sizing factor
will be used to adjust each EP's monthly support per line or handset. The sizing factor shall be
the capped amount divided by the uncapped amount.

2844.

Specific Services and Features Supported by the HCSM.

The services and features supported by the HCSM are an evolving level of telecommunications services
established by the Commission and periodically updated under 40-15-502(2), C.R.S., to recognize
advances in telecommunications and information technologies and services. Until revised, the HCSM will
support such services as defined in rule 2308. In addition, the HCSM will support access to 9-1-1 service
and such other elements, functions, services, standards or levels necessary to attain Commissionprescribed service-quality standards or other criteria established pursuant to statute or Commission rule.
2845.

Affordable Price Standard for Basic Service.

For the purpose of rules 2840 through 2869, the benchmark rates as determined by the Commission for
residential and business basic local exchange services shall be deemed affordable. If the current tariff
rates are higher than the benchmark rates set by the Commission for HCSM purposes, those rates are
deemed affordable.

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2846.

Contributors; Reporting Requirements; Rate Element Calculation; Application of Rate

Element to Customer Billings; and Remittance of Contributions.

(a)

Contributors. Every provider of intrastate telecommunications service to the public, or to such

classes of users as to be effectively available to the public, every provider of intrastate
telecommunications that offers telecommunications for a fee on a non-common carrier basis, and
payphone providers that are aggregators not falling within the de minimis exemption of
subparagraph (b)(I)(B) must contribute to the HCSM.

(b)

(I)

Revenues associated with the sale of cable services identified in 40-15-401(1)(a),

C.R.S., other than video conferencing, shall not be considered when determining a
providers assessment.

(II)

The provider who falls within the de minimis exemption of subparagraph (b)(I)(A) is not
required to contribute to the HCSM. Any provider that falls within the de minimis
exemption must notify their underlying carrier that they should be considered end users
for reporting purposes.

Process for determining the HCSM rate element.

(I)

Contributor reporting requirements. Each provider shall provide to the Administrator a

verified accounting of its gross retail revenues, and such other revenues, and
uncollectibles as the Administrator shall request for purposes of determining contributions
and disbursements under these rules. The accounting shall be submitted using the form
identified as the HCSM Worksheet available from the Commission or on its website. The
completed HCSM Worksheet shall be submitted to the Administrator twice a year. The
HCSM Worksheet shall be due March 31, of each year, containing data for the prior
calendar year. The HCSM Worksheet shall be due September 1, of each year, containing
data for the six-month period from January 1 through June 30 for the current calendar
year.
(A)

(II)

De minimis exemption. If a providers contribution to the HCSM in any given year

is calculated to be less than $5,000, that contributor is not required to submit a
contribution. Providers falling within this de minimis exemption are required to file
with the Administrator only that portion of the HCSM Worksheet for that period
that certifies their de minimis status. Such de minimis certification shall be
accompanied by an affidavit of an officer of the provider attesting to the veracity
of its self-certification. However, each provider exempt from contributing because
of its de minimis revenues shall retain complete documentation (including, but
not limited to the information required in the HCSM Worksheet) and shall make
such documentation available to the Administrator upon request. Notwithstanding
the de minimis exemption of this subparagraph (I)(A), all EPs are required to
remit contributions and to file the entire HCSM Worksheet.

Reporting requirements.
(A)

Each EP receiving support pursuant to rule 2848 shall provide to the

Administrator, a verified accounting of: (1) the actual number of residential and
business access lines served by such provider in each geographic area as of the
last day of each month; and (2) the actual amount of contributions collected in
the month if the provider applies the rate element to its end user customer. This
data shall be submitted to the Administrator by the 15th day of the subsequent
quarter.

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(B)

Each wireless EP receiving support pursuant to rule 2848 shall provide to the
Administrator a verified accounting of: (1) the actual number of residential and
business wireless handsets served by such provider in each geographic area
(i.e., the underlying local exchange carriers geographic area) as of the last day
of each month; and (2) if the provider applies the rate element to its end user
customer then it shall report the actual amount of contributions collected in the
month. The data shall be submitted to the Administrator by the 15th day of the
subsequent quarter.

(III)

Rate element calculation. The Administrator shall estimate the total amount of high cost
support that will be needed for the next quarter (including support needed under rules
2846 through 2855 and administrative expenses) and shall determine the quarterly factor.
This estimate shall be based on the information provided to the Administrator by
providers, EPs, ILECs, and other information that the Administrator may gather from the
Commission and providers. The factor shall be equal to the ratio of total statewide HCSM
requirement to total statewide net (gross revenues minus uncollectibles) retail revenues
for the period. The appropriate factor shall be converted to a HCSM rate element that
shall be applied to the retail revenues of each telecommunications service provider. The
Commission shall issue an order establishing the appropriate HCSM rate element at least
15 days prior to the first day of each quarter and shall post notice of the setting of such
rate element on the Commissions website.

(IV)

The Commission may increase the rate element factor by an amount it reasonably
estimates to be necessary to compensate the HCSM fund for any qualified contributors
who fail to pay the assessments. Such increase shall generally not exceed five percent of
the total statewide HCSM requirement.

(c)

Application of the rate element to providers. The HCSM rate element shall be assessed upon all
providers in Colorado. Providers may, at their option, apply the rate element to the retail revenues
of each providers end users as a line item on the monthly bill except that providers falling within
the de minimis exception of subparagraph (b)(I)(A) shall not apply the HCSM rate element nor
collect such contribution from their end users. For those telecommunications providers opting to
apply the rate element to their end user customers, the location of the telecommunication service
delivery shall be used to determine whether the HCSM rate element applies where an end user
service location receiving the bill and an end user service location receiving the service differ.

(d)

Remittance of contributions. All providers not falling within the de minimis exemption of
subparagraph (b)(I)(A) shall be responsible for remitting quarterly to the HCSM according to the
following procedure:
(I)

Each quarter, or as necessary, the Administrator shall issue an invoice instructing each
contributor to remit its HCSM contribution to the HCSM escrow account.

(II)

The HCSM contributions shall be remitted as directed by the Administrator no more than
30 days after the end of each quarter. If the amount owed is not remitted by that date, the
Administrator shall bill the provider a late payment charge equal to one percent per
month of the late amount. If the provider establishes a history of making late
contributions, the Commission may initiate an appropriate process to ascertain and
implement proper corrective measures including, but not limited to, withholding future
support from the HCSM and/or penalties pursuant to 40-7-101, C.R.S., et seq.

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(III)

Reconciliation. The Administrator shall review each EPs HCSM account transactions.
The review shall reconcile HCSM contributions, receipts, and other projected account
transactions to the actual HCSM entitlement, as provided in paragraph 2848(f). The
Administrator shall analyze any deviation between the estimated amount and the
verifiable contribution amount. Adjustments to the standard quarterly transaction amount
or any other reconcilable adjustments will be performed in a subsequent quarter.

(e)

Continuing customer education. For those telecommunications service providers opting to apply
the rate element to their end user customers, in the first billing cycle of the third quarter of each
calendar year, each provider that is collecting the rate element (also known as the "Colorado
Universal Service Charge") from its end users shall provide to each of its customers, by message
directly printed on the bill, by bill insert, or by separate first-class mail, or any combination of
these alternatives, the continuing customer education material as may be ordered by the
Commission.

2847.

Eligible Provider.

(a)

As a prerequisite for designation and eligibility to receive support from the HCSM, a provider shall
be in compliance with the Commission's rules applicable to the provision of basic local exchange
service.

(b)

Upon request and consistent with the public interest, convenience, and necessity, the
Commission may designate more than one common carrier as an EP in a service area
designated by the Commission, so long as each additional requesting carrier meets the
requirements of Commission rules. The Commission shall find that the designation is in the public
interest.

(c)

The EP shall agree to certify that it is complying with the Commissions service quality standards
and consumer protection rules, and shall agree to submit to the Commissions enforcement and
sanction authority with regards to violations of such service quality standards and/or consumer
protection rules.

(d)

Application. A provider shall file an application with the Commission to be designated as an EP

within a geographic support area and eligible to receive support from the HCSM.
(I)

Contents. In addition to complying with the requirements of paragraph 2002(b), the

application must provide evidence sufficient to establish that:
(A)

The provider is, or is applying to be, designated as an ETC under rule 2187 for
purposes of being eligible to receive federal universal service support;

(B)

The provider agrees to provide such basic local exchange service as described
in Sections 214(e) and 254 of the Communications Act of 1934 as amended by
the Telecommunications Act of 1996;

(C)

The provider will offer basic local exchange service throughout the entire
geographic support area;

(D)

The provider has the managerial qualifications, financial resources, and technical
competence to provide basic local exchange service throughout the specified
support area regardless of the availability of facilities or the presence of other
providers in the area;

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(II)

(E)

The provider is not receiving funds from the HCSM or any other source that
together with revenues, exceed the reasonable cost of providing basic local
exchange service to customers of such provider;

(F)

The granting of the application serves the public convenience and necessity, as
defined in 40-15-101, 40-15-501, and 40-15-502, C.R.S.; and

(G)

The provider acknowledges that it will offer basic local exchange service within
one year of the effective date of the Commission order approving such
application for EP designation or its designation will become null and void.

Process for determining eligibility.

(A)

The Commission processes applications in accordance with the Rules of Practice

and Procedure.

(B)

An application filed pursuant to paragraph (e) may be filed contemporaneously

with an application for a CPCN, LOR, or an alternative form of regulation. In
addition, an application to be designated as an EP may be filed in a combined
application to be designated a POLR or an ETC pursuant to rules 2183 and
2187.

(e)

Reseller ineligibility. A provider which provisions its service to end users solely through purchase
of a finished service from a facilities-based provider, and then sells that same service or that
service combined with other services is not eligible to receive support from the HCSM.

(f)

Portability of support. HCSM support shall be portable between any EP chosen by the end user.

(g)

Annual reporting requirements for eligible providers.

(I)

Each EP shall submit the reporting information specified below no later than August 15th
of each calendar year to the Commission. EPs failing to meet these annual reporting
requirements may not be eligible to receive high cost support and are subject to
Commission enforcement and sanction with regard to failure to comply.
(A)

For the previous calendar year, a detailed schedule/exhibit showing the actual
dollar amounts expended by the carrier in the provision, maintenance, upgrading,
plant additions and associated infrastructure costs for local exchange service
within the service areas in Colorado where the carrier has been designated an
EP. This information shall be submitted at the wire center level or at the
authorized service area. If service improvements in a particular wire center are
not needed, an explanation of why improvement is not needed and how funding
will otherwise be used to further the provision of supported services in that area.

(B)

Documentation the carrier offers and advertises the rate and availability of Basic
Universal Service (BUS) offerings throughout the service areas in Colorado
where the carrier has been designated an EP. Copies of written material used in
newspaper advertisements, press releases, posters, flyers and outreach efforts
and a log of when and where these materials were distributed. For newspaper
advertisements, dated copies of the published newspaper advertisements may
serve as copies of written material. For radio station advertising, a confirmation
from broadcasters of when the public service announcement was aired.

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(II)

(C)

Documentation that a competitive EP is offering an unlimited local usage plan or

a plan with at least 900 minutes of use per month that is comparable to that
offered by the incumbent LEC in the relevant service areas.

(D)

An affidavit attesting to the fact that the information reported on the annual report
and information submitted under this rule is true and correct. An officer, director,
partner, or owner of the company must sign the affidavit.

If a review of the data submitted by an EP indicates that the EP is no longer in

compliance with the Commissions criteria for EP designation, the Commission may
refrain from authorizing HCSM support to the carrier until the carrier is in compliance with
the Commissions criteria for EP designation.

2848.

Support through the HCSM.

(a)

The Commission shall, by order, establish geographic areas throughout the state. Such
geographic areas may be revised at the discretion of the Commission.

(b)

Disaggregation and targeting of Colorado High-Cost Support by rural ILECs. The disaggregation
plan selected by a rural incumbent EP for targeting Colorado high-cost support shall be the same
plan as that selected by the provider under rule 2190 and approved by the Commission under
those rules unless another EP or ETC provider, or the Commission requests a different
disaggregation plan.

(c)

Support through the HCSM applicable to non-rural geographic areas shall be calculated as
follows:
(I)

By order, the Commission shall publish the intrastate proxy cost for each non-rural
geographic area. The proxy cost model and the resultant intrastate proxy costs shall be
updated as necessary. The Commission shall ensure that the HCSM operates such that
the supported basic local exchange service bears no more than its reasonable share of
the joint and common costs of facilities used to provide those services.

(II)

When the per-line intrastate proxy cost exceeds the applicable benchmark in a particular
non-rural geographic area, the Commission shall designate that non-rural geographic
area as a geographic support area.

(III)

Amount of Support: Each EP shall receive support from the HCSM based on a verified
accounting of the actual number of residential and business access lines it serves in the
non-rural high cost geographic support areas, as designated by the Commission,
multiplied by the difference between the per line intrastate proxy cost in such geographic
support area and the applicable per access line revenue benchmark as determined by
the Commission. The amount of support shall be reduced by any other amount of support
received by such provider or for which such provider is eligible under support
mechanisms established by the federal government and/or this state.

(IV)

Revenue benchmarks. Separate revenue benchmarks shall be determined for residential

and business supported access lines for each geographic area according to the formulae
defined in paragraph 2841(k).

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(d)

Support through the HCSM applicable to rural geographic areas (areas served by rural ILECs)
shall be calculated as follows:
(I)

Revenue requirement shall be calculated on a per access line basis pursuant to rules
2400, 2854 and 2855 (based upon the filing of the incumbent rural EP serving that area
and as modified pursuant to paragraph 2848(h)); and (2) publish the support per access
line, disaggregated into such geographic support areas as may be designated by the
Commission. The Commission shall ensure that the HCSM operates such that the
supported basic local exchange service bears no more than its reasonable share of the
joint and common costs of facilities used to provide those services.

(II)

Amount of support: Each EP shall receive support from the HCSM in an area served by a
rural ILEC based upon the number of access lines or the EP serves in those high cost
geographic support areas, as designated by the Commission, multiplied by the applicable
support per access line.

(III)

Total local revenues shall include, but not be limited to, local revenues, feature revenues,
and federal high cost loop support. If the tariffed residential or business rate is less than
statewide residential or business benchmark rate, then the EP shall impute the statewide
residential or business benchmark rate. If the tariffed residential or business rate exceeds
the statewide residential benchmark rate or the statewide business benchmark rate, then
actual revenues shall be used.

(IV)

The total local revenue deficiency shall equal total local revenues minus total local
revenue requirement.

(V)

Per-line support amounts shall equal the total local revenue deficiency divided by the
total number of access lines (i.e., residential and business).

(VI)

Additional procedures governing the operation of disaggregated support:

(A)

The disaggregation and targeting plan adopted under rule 2190 shall be subject
to the following general requirements:
(i)

Support available to the rural ILECs study area under its disaggregation
plan shall equal the total support available to the study area without
disaggregation.

(ii)

The ratio of per line support between disaggregation zones for each
disaggregated category of support shall remain fixed over time, except
as changes are allowed pursuant to rule 2190.

(iii)

The ratio of per line support shall be publicly available.

(iv)

Per-line support amounts for each disaggregation zone shall be

recalculated whenever the rural ILEC EPs total annual support amount
changes using the changed support amount and total access line counts
at that point in time.

(v)

Per-line support for each category of support in each disaggregation

zone shall be determined such that the ratio of support between
disaggregation zones is maintained and that the product of all of the rural
ILEC EPs access lines for each disaggregation zone multiplied by the
per-line support for those zones when added together equals the sum of
the rural ILEC EPs total support.

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(vi)

Until a competitive EP is designated in a study area, the quarterly

payments to the rural ILEC EP will be made based on total annual
amounts for its study area divided by four.

(vii)

When a competitive EP is designated anywhere in a rural ILEC EPs

study area, the per-line amounts used to determine the competitive EPs
disaggregated support shall be based on the rural ILEC EPs thencurrent total support levels, lines, and disaggregated support
relationships.

(viii)

Each EP shall receive support from the HCSM based on the number of
access lines or wireless handsets it serves in the designated high cost
geographic support areas.

(ix)

The support received shall be based on actual number of access lines or

the actual number of wireless handsets reported to the administrator as a
verified accounting for each geographic area as of the last day of each
month.

(e)

Process for payments. The Administrator will arrange payments to be made to EPs, which are net
recipients from the HCSM, within 30 days of the last day of each quarter.

(f)

Reconciliation. The Administrator shall reconcile the estimated disbursements previously

authorized for each EP for the period for which the report provides information to the actual
disbursements to which such provider is entitled, and shall send a statement of such
reconciliation to each EP within 60 days after the receipt of the report. The statement shall show if
the provider is entitled to additional amounts from the HCSM, or if the EP has received more than
the amount of its HCSM entitlement. The Administrator shall use these reconciling amounts when
setting the EPs support in subsequent quarters.

(g)

Colorado High Cost Fund Administration. The Commission, acting as Administrator, shall
determine and establish by order, the HCSM support to be received by an EP.
(I)

Once the Commission, by order, has established the appropriate HCSM support amount
for an EP, the Commission will monitor to ensure that no provider is receiving funds from
the HCSM or any other source that together with revenues do exceed the reasonable
cost of providing basic local exchange service on an annual basis. The Administrator will
develop the appropriate form to be used for such monitoring. The monitoring form shall
be available from the Commissions website.

(II)

The monitoring forms and related information shall be filed with the Administrator and the
Office of Consumer Counsel by August 15th of each year.

(III)

If the information contained in a providers HCSM monitoring form, annual report, or other
filed document indicates that HCSM support for that provider should be adjusted, Staff of
the Commission may request that the Commission issue, or the Office of Consumer
Counsel may file, a formal complaint. The Commission, acting as Administrator and
following an opportunity for hearing, may revise the providers HCSM support as a result
of the complaint proceeding.

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2849.

Administration.

The HCSM shall operate under the direction of an Administrator, which shall be the Commission or its
designee.
(a)

The Commission may engage a third-party entity who meets the criteria in this rule to perform
such duties of the Administrator as the Commission may, from time to time, deem necessary or
convenient. The Commission shall select the entity using Colorado State Government contracting
procedures. Until such time as an entity has been engaged, or during times when the entity is not
available to fulfill its duties, the Commission shall act as the Administrator.
(I)

The third-party entity shall meet all of the following criteria:

(A)

Be neutral and impartial.

(B)

Not be a party in any matter before the Commission, nor advocate specific
positions before the Commission in any telecommunications service matter.

(C)

Not be a member in a trade association that advocates positions before the

Commission.

(D)

Not be an affiliate of any provider of telecommunications services.

(E)

Not issue a majority of its debt to, nor derive a majority of its revenues from, nor
hold stock in any provider(s) of telecommunications services. This prohibition
also applies to any affiliates of the third-party entity.

(F)

Not have a Board of Directors that includes members with direct financial
interests in entities that contribute to or receive support from the HCSM.

(b)

The reasonable expenses incurred in the administration of the HCSM shall be a cost of the
HCSM and shall be paid from the funds contributed to the HCSM.

(c)

The Administrator shall determine the amount each telecommunications provider must pay into
the HCSM and determine the disbursement each EP may receive from the HCSM.

(d)

The Administrator shall net each EP's assessment and support prior to receipt of actual funds.

(e)

To the extent the funding received from providers in any one fiscal year exceeds the cost of
administering the HCSM (including such reserve as may be necessary for the proper
administration of the HCSM), any unexpended and unencumbered monies shall remain in the
Fund and shall be credited against the assessment each provider must pay in the succeeding
fiscal year.

(f)

The Administrator shall engage and determine the compensation for such professional and
technical assistance as may, in its judgment, be necessary for the proper administration of the
fund.

(g)

If the Commission has delegated such duties, the third-party entity shall have access to the books
of accounts of all providers to the limited extent necessary to verify the intrastate retail revenues
and other information used in determining contributions and disbursements from the HCSM.

(h)

The Administrator shall maintain a database that tracks eligible access lines for support based on
the method through which service is provisioned and the identity of each carrier providing that
service in each geographic area.

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(i)

The Administrator will develop appropriate forms to be used by all providers and all EPs for
reporting information as required by rule 2846. Copies of the forms will be made available on the
Commissions website and at the offices of the Commission.

(j)

The Commission shall perform an annual review of HCSM fund recipients. One purpose of this
review shall be a verification of continued eligibility. Another purpose shall be a verification of the
receipt by each EP of the funds to which each provider is entitled and is projected to receive from
the HCSM. Subject to such reviews, the Administrator will recommend any required adjustments
to HCSM contribution methods, distributions, necessary rule changes and other relevant items
that shall be considered in connection with the HCSM.

(k)

The quarterly reconciliations under subparagraph 2846(d)(III) and paragraph 2848(f) shall be the
principal source for such annual reviews.

(l)

Supplemental and forecast information that may be requested by the Administrator to assure a
complete review shall be provided by all providers to the Administrator, as formally requested,
within ten days of the Administrator's written request. If those persons do not provide the data
required within ten days of the request, the Commission may initiate a formal complaint
proceeding for remedies, including withholding future support from the HCSM and/or penalties as
provided in 40-7-101, C.R.S., et seq.

(m)

The Administrator and the Fund may operate on a fiscal year from July 1 to June 30 of the
succeeding year.

(n)

An independent external auditor chosen by the Commission shall periodically, at its discretion,
audit the Fund and associated HCSM records, including both collections and disbursements from
the Fund. The costs for conducting audits shall be included in the computation of HCSM
requirements.

(o)

An annual report of the Fund prepared by the Administrator shall be filed with the Commission by
December 1 of each year. A copy of the Administrators annual report shall be provided to the
Legislative Audit Committee and to each provider that contributes to the HCSM. This report shall
summarize the preceding fiscal years activity and include the following:

(p)

(I)

A record of the total cost of administration of the HCSM; and

(II)

The most recent audit report.

A written annual report of the HCSM, prepared by the Administrator, shall be submitted to the
committees of reference in the Senate and House of Representatives that are assigned to hear
telecommunications issues, in accordance with 24-1-136, C.R.S., by December 1 of each year.
A copy of the Administrators annual report of the HCSM shall be provided to the Legislative Audit
Committee and to each provider that contributes to the HCSM. The Administrator may satisfy the
latter requirement by notifying the provider of the availability of the annual report using an e-mail
message directing the provider to the report on the Commissions website. The report shall
account for the operation of the HCSM during the preceding calendar year and include the
following information, at a minimum:
(I)

The total amount of money that the Commission determined shall constitute the HCSM
from which distributions would be made;

(II)

The total amount of money ordered to be contributed through a rate element assessment
collected by each provider;

(III)

The basis on which the contribution of each provider was calculated;

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(IV)

The benchmarks used and the basis on which the benchmarks were determined;

(V)

The total amount of money that the Commission determined shall be distributed from the
HCSM;

(VI)

The total amount of money distributed to each provider from the HCSM;

(VII)

The basis on which the distribution to providers was calculated;

(VIII)

As to each provider receiving a distribution, the amount received by geographic support

area and the type of customer, the way in which the benefit of the distribution was applied
or accounted for;

(IX)

The proposed benchmarks, the proposed contributions to be collected through a rate

element assessment by each telecommunications provider, and the proposed total
amount of the HCSM from which distributions are to be made for the following calendar
year; and

(X)

The total amount of distributions made from the HCSM, directly or indirectly, and how
they are balanced by rate reductions by all providers for the same period and a full
accounting of and justification for any difference.

2850.

Review of the HCSM.

(a)

For the purpose of determining whether the HCSM should be reformed, modified, or adjusted, the
HCSM will be evaluated and reviewed at the discretion of the Commission. The time period
between reviews shall usually not exceed three years, and at least every three years thereafter,
for the purpose of determining whether the HCSM should be adjusted.

(b)

The Commission shall consider opening a docket to consider any changes to these rules that
may be necessary as a result of the conclusion of every proceeding, conducted pursuant to 4015-502(2), C.R.S., to review the definition of basic service.

2851.

[Reserved].

2852.

Enforcement.

(a)

Holder of a CPCN. A provider holding a CPCN issued by the Commission that fails to make
timely reports or to pay, in a timely manner, its contribution when it is due and payable under
these rules, may, after notice and opportunity for hearing, have its CPCN revoked as provided in
Article 6, Title 40, C.R.S., be denied interconnection to the public switched network, and/or have
other appropriate remedies imposed upon them by the Commission.

(b)

Uncertificated provider. If a provider does not hold a CPCN from the Commission and fails to
make timely reports or payment of its contribution, the provider may be subject to a Commission
action including but not limited to a formal complaint:
(I)

To the FCC seeking an order directing the delinquent provider to make the payment or
for further appropriate remedies;

(II)

For an action for damages in an appropriate court; or

(III)

For other appropriate remedies.

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(c)

2853.

Any provider that disputes the requirement that it pay into the HCSM shall:
(I)

Post a bond in an amount determined by the Commission pending the resolution of that
dispute; and

(II)

Repay all other providers with interest (at a rate determined by the Commission) in the
event the Commission determines that the provider should have been paying into the
fund.

Other.

These rules are not intended to limit the programs in rules 2800 through 2819 and 2820 through 2839.
2854.

Calculation of Average Loop, Local Switching, and Exchange Trunk Costs for Fund
Support for Rural Telecommunications Service Providers.

(a)

The averages used in calculating HCSM support in rules 2854 and 2855 will be computed on the
basis of the data reported per this rule for the preceding calendar year unless updated at the
option of the rural provider pursuant to 47 C.F.R. 36.612(a).

(b)

Each basic local exchange provider, that is not an average schedule rural company, shall
calculate and report its average unseparated loop cost per study area per working loop as
prescribed by 47 C.F.R. 36.621 and 36.622 in its request for HCSM for the preceding
calendar year to the Commission as required by paragraph 2006(a).

(c)

The national average unseparated loop cost per study area per working loop shall be calculated
as prescribed by the National Exchange Carrier Association (NECA), 47 C.F.R. 36.622(a)(1) for
the preceding year.

(d)

Each rural provider shall calculate and report in its annual report to the Commission its
unseparated investment per study area for:
(I)

Local switching equipment (Central Office Equipment, Category 3, 47 C.F.R. 36.125);

and

(II)

Its average number of working loops.

(e)

Each rural provider shall calculate and report in its annual report to the Commission its
unseparated investment per study area for exchange trunk equipment (Cable and Wire Facilities,
Category 2, Exchange Trunk, 47 C.F.R. 36.155, and Category 4.12, Exchange Trunk Circuit
Equipment, 47 C.F.R. 36.126(c)(2)).

(f)

The state average unseparated local switching equipment investment per working loop shall be
calculated by dividing the sum of the local switching equipment investments in the state, as
reported pursuant to paragraph (d) for all LECs except rural providers, by the sum of the working
loops in the state, as reported in paragraph (d) for all LECs except rural providers.

(g)

The state average unseparated exchange trunk equipment investment per working loop shall be
calculated by dividing the sum of the exchange trunk equipment investments in the state, as
reported pursuant to paragraph (e) for all LECs except rural providers, by the sum of the working
loops in the state, as reported in paragraph (d) for all LECs except rural providers.

(h)

Each rural ILEC, in its annual report filed with the Commission, shall include any additional HCSM
reporting requirements as requested by the Commission.

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2855.

Calculation of Support per Access Line for Rural ILECs.

Incumbent rural providers, who are not average schedule rural providers, shall be eligible for support from
the HCSM for high costs in three areas: loops; local switching; and exchange trunks, upon a proper
showing. Incumbent average schedule rural providers shall be eligible for support from the HCSM for high
costs as determined by subparagraph (f)(I), upon a proper showing.
(a)

Support for high loop costs. The HCSM revenue requirement for high loop costs of rural providers
who are not average schedule rural providers shall be determined as follows:
(I)

(II)

(III)

For rural providers with an average unseparated loop cost per working loop less than or
equal to 115 percent of the national average unseparated loop cost per working loop, the
HCSM revenue requirement for high loop costs shall be the sum of:
(A)

Zero; and

(B)

The difference between 0.265 and twice the rural provider's intrastate
interexchange subscriber line usage (SLU) multiplied times the provider's
average unseparated loop cost per working loop, provided the difference
between 0.265 and twice the providers SLU is greater than zero.

For rural providers with an average unseparated loop cost per working loop in excess of
115 percent but not greater than 150 percent of the national average unseparated loop
cost per working loop, the HCSM revenue requirement for high loop costs shall be the
sum of:
(A)

The difference between the rural provider's average unseparated loop cost per
working loop and 115 percent of the national average unseparated loop cost per
working loop, times 0.10; and

(B)

The difference between 0.265 and twice the rural provider's intrastate
interexchange SLU times 115 percent of the national average unseparated loop
cost per working loop, provided the difference between 0.265 and twice the
providers SLU is greater than zero.

For rural providers with an average unseparated loop cost per working loop greater than
150 percent of the national average unseparated loop cost per working loop, the HCSM
revenue requirement for high loop costs shall be the sum of:
(A)

The difference between 150 percent of the national average unseparated loop
cost per working loop and 115 percent of the national average unseparated loop
cost per working loop, times 0.10; and

(B)

The difference between 0.265 and twice the rural provider's intrastate
interexchange SLU times 115 percent of the national average unseparated loop
cost per working loop, provided the difference between 0.265 and twice the
providers SLU is greater than zero.

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192

(b)

Support for high local switching costs. Rural providers who are not average schedule rural
providers shall be eligible for support for high local switching costs. The HCSM revenue
requirement for high local switching cost support shall be determined as follows:
(I)

For rural providers with an average unseparated local switching equipment investment
per working loop less than or equal to the Colorado average unseparated local switching
investment per working line as determined by paragraph 2854(f), the HCSM revenue
requirement for local switching cost support shall be zero.

(II)

For rural providers with an average unseparated local switching equipment investment
per working loop in excess of the Colorado average unseparated local switching
equipment investment per working loop as determined in paragraph 2854(f), the revenue
requirement for high local switching cost support shall be calculated by creating a new
service category in the separations study and apportioning the costs of the provider to
this service generally following 47 C.F.R., Part 36. The service category for the HCSM
high local switching cost support shall be assigned a portion of Category 3 of local
switching equipment investment.
(A)

(B)

(C)

(c)

The percentage of Category 3 allocated to the HCSM service category shall be

known as the "Colorado High Local Switching Cost Allocation Factor" and shall
be calculated as one minus the sum of:
(i)

The interstate factor(s);

(ii)

The intrastate factor(s) of subparagraph 2415(b)(I)(C); and

(iii)

The local exchange factor.

The local exchange factor for each rural provider shall be calculated as the:
(i)

Colorado average unseparated local switching equipment Category 3

investment per working loop, as determined by paragraph 2854(f);

(ii)

Multiplied by the rural provider's local DEM percentage;

(iii)

Divided by the rural provider's average investment per working loop.

The Colorado High Local Switching Cost Allocation Factor shall not be less than
zero. If, by the application of the formula of subparagraph (b)(II), the Colorado
High Local Switching Cost Allocation Factor is less than zero, the factors (ii) and
(iii) of subparagraph (II)(A) shall be reduced proportionally.

Support for high exchange trunk costs. Rural providers who are not average schedule rural
providers shall be eligible for support for high exchange trunk costs. The HCSM revenue
requirement for high exchange trunk cost support shall be determined as follows:
(I)

For rural providers with an average unseparated exchange trunk investment per working
loop less than or equal to the Colorado average unseparated exchange truck investment
per working loop, as determined by paragraph 2854(f), the HCSM revenue requirement
for exchange trunk cost support shall be zero.

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193

(II)

For rural providers with an average unseparated exchange trunk equipment investment
per working loop in excess of the Colorado average unseparated exchange truck
investment per working loop, as determined in paragraph 2854(f), the revenue
requirement for high exchange trunk cost support shall be calculated by apportioning the
costs of the rural provider to the HCSM service category as established in paragraph (b)
of the rural provider's separations study following 47 C.F.R., Part 36, as modified by the
rules found in rule 2415. The HCSM service category shall be assigned a portion of the
investments of Cable and Wire Facilities, Category 2 Exchange Trunk, 47 C.F.R.
36.155 and a portion of Category 4.12, Exchange Trunk Circuit Equipment, 47 C.F.R.
36.126(c)(2).
(A)

(d)

The percentage allocated to the HCSM service category shall be calculated

separately for each of these types of investments as one minus the sum of:
(i)

The interstate factor(s), for exchange trunk

(ii)

The intrastate factor(s) for exchange trunk; and

(iii)

The local factor for exchange trunk.

(B)

The local factor for Category 2 exchange trunk for Cable and Wire Facilities for
each rural provider shall be calculated as the Colorado average unseparated
investment per working loop as determined by paragraph (f) of this rule, times the
rural provider's local relative number of minutes of use percentage divided by the
rural provider's average investment per working loop.

(C)

The local transport allocation factor for Category 4.12 Exchange Trunk Circuit
Equipment, for each rural provider shall be calculated as the Colorado average
unseparated investment per working loop, as determined by paragraph 2854(f),
times the rural provider's local relative number of minutes of use percentage
divided by the rural provider's average investment per working loop.

Support for high costs of average schedule rural providers.

(I)

The HCSM support requirement for high cost support for average schedule rural
providers shall be determined as the remainder, if positive, of the following process:
(A)

First, the total company revenue requirement (i.e., costs) for the average
schedule rural provider shall be determined;

(B)

Next, the local network services revenues shall be calculated and subtracted
from the total company revenue requirement. The local network services
revenues shall include amounts booked to 47 C.F.R. 32.5000 through
32.5069. Except the local network services revenues shall be adjusted as
follows:
(i)

Residential revenue calculation:

(a)

Code of Colorado Regulations

The statewide residential benchmark rate shall be imputed to

determine the residential revenues if the existing tariffed rate for
residential basic local exchange service is less than the
statewide residential benchmark rate.

194

(ii)

(C)

(D)

(e)

(b)

If the existing tariffed rate for residential basic local exchange

service is equal or greater than the statewide residential
benchmark rate, then the existing residential basic local
exchange service rate shall be used.

(c)

The imputed residential revenues shall be calculated on a

monthly basis to determine the yearly revenues.

Business revenue calculation:

(a)

Statewide business benchmark rate shall be imputed to

determine the business revenues if the existing tariffed rate for
business basic local exchange service is less than the statewide
business benchmark rate.

(b)

If the existing tariffed rate for business basic local exchange

service is equal or greater than the statewide business
benchmark rate, then the existing business basic local exchange
service rate shall be used.

(c)

The imputed residential revenues shall be calculated on a

monthly basis to determine the yearly revenues.

Then, the following revenues shall be subtracted from the revenue requirement
of subparagraph (d)(I)(A):
(i)

All interstate revenues and Federal Universal Service Fund (FUSF)

support;

(ii)

Intrastate network access services;

(iii)

Long distance network services;

(iv)

All miscellaneous revenues; and

(v)

The local network services revenues adjusted in accordance with

subparagraph (d)(I)(B).

Support per access line: The support as calculated in subparagraph (d)(I)(C),

shall be divided by the number of access lines to determine the support per
access line.

Support for high costs of rural cost companies.

(I)

The local network services revenues shall be calculated and subtracted from the total
company revenue requirement. The local network services revenues shall include
amounts booked to 47 C.F.R. 32.5000 through 32.5069. Except the local network
services revenues shall be adjusted as follows:
(A)

Residential revenue calculation:

(i)

Code of Colorado Regulations

The statewide residential benchmark rate shall be imputed to determine

the residential revenues if the existing tariffed rate for residential basic
local exchange service is less than the statewide residential benchmark
rate.

195

(B)

(f)

(ii)

If the existing tariffed rate for residential basic local exchange service is
equal or greater than the statewide residential benchmark rate, then the
existing residential basic local exchange service rate shall be used.

(iii)

The imputed residential revenues shall be calculated on a monthly basis

to determine the yearly revenues.

Business revenue calculation:

(i)

Statewide business benchmark rate shall be imputed to determine the

business revenues if the existing tariffed rate for business basic local
exchange service is less than the statewide business benchmark rate.

(ii)

If the existing tariffed rate for business basic local exchange service is
equal or greater than the statewide business benchmark rate, then the
existing business basic local exchange service rate shall be used.

(iii)

The imputed residential revenues shall be calculated on a monthly basis

to determine the yearly revenues.

Local network services tariff cap. In no event shall the local network services revenue
requirement, as defined in 47 C.F.R. 32.5000 through 32.5069 (1995) for rural providers
exceed 130 percent of the average of such revenue requirement for local exchange providers that
are not rural providers. Such excess shall be considered as a part of the rural providers HCSM
support revenue requirement.

2856. 2869.

[Reserved].

Discount Rate for Eligible Intrastate Services Purchased by Eligible Colorado Schools and
Libraries
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to establish the discount rate for specific telecommunications
services that are available to elementary schools, secondary schools, and libraries consistent with 47
U.S.C. 254(h).
The statutory authority for the promulgation of these rules is found at 40-3-102, 40-3-103, and 40-2108, C.R.S.
2870.

Applicability.

The discounts included in rules 2870 through 2879 shall apply to the rates for all eligible intrastate
services.
2871.

Definitions.

The meaning of terms used within rules 2870 through 2879 shall be consistent with the definitions in the
FCC's Universal Service Support for Schools and Libraries Rules found at 47 C.F.R., Part 54, Subpart F.
The following definitions apply only in the context of rules 2870 through 2879:
(a)

"Eligible intrastate services" means services eligible for discounts including all commercially
available and offered intrastate telecommunications services. In addition to intrastate
telecommunications services, special services eligible for discounts include Internet access and
installation and maintenance of internal connections.

Code of Colorado Regulations

196

(b)

"Rural schools or libraries" means, pursuant to 47 C.F.R. 54.505(b)(3)(ii), those schools and
libraries located in non-metropolitan counties, as measured by the Office of Management and
Budget's Metropolitan Statistical Area method. Schools and libraries located in rural areas within
metropolitan counties identified by census block or tract in the Goldsmith Modification shall also
be designated as rural.

(c)

"Urban schools or libraries" means, pursuant to 47 C.F.R. 54.505(b)(3)(i), those schools and
libraries located in metropolitan counties, as measured by the Federal Office of Management and
Budget's Metropolitan Statistical Area method, except for those schools and libraries located
within rural areas of metropolitan counties identified by census block or tract in the Goldsmith
Modification.

2872.

Incorporation by Reference.

References in rules 2870 through 2879 to Part 54 are references to rules issued by the FCC and have
been incorporated by reference, as identified in rule 2008.
2873.

Discount for Eligible Intrastate Services for Eligible Schools and Libraries.

After receiving a bona fide request from such schools or libraries, a telecommunications provider shall
apply the specified discount rate to eligible intrastate services. The following matrix shall be used to set a
discount rate to be applied to eligible intrastate services purchased by eligible schools, school districts,
libraries, or library consortia based upon the institution's level of disadvantage or eligibility and the
location in either an "urban" or "rural" area.
Schools & Libraries Discount
Percentage of Students
Eligible for National School
Lunch Program
<1%
1 - 19%
20 - 34%
35 - 49%
50 - 74%
75 - 100%
2874.

Urban Discount Percent

Rural Discount Percent

20%
40%
50%
60%
80%
90%

25%
50%
60%
70%
80%
90%

Rate Disputes.

Pursuant to 47 C.F.R. 54.504(c), schools, libraries, and consortia including those entities, and service
providers may seek a determination from the Commission regarding intrastate rates if they believe that
the lowest corresponding price is unfairly high or low.
2875.

Discount Administration.

The FCC or its designee, pursuant to 47 C.F.R. 54.707, shall determine the resolution of disputes
dealing with the authority, practice, discount and fund accounting, and administration of the Schools and
Libraries Discount Fund.
2876.

Response to Request for Services.

A certificated telecommunications services provider shall respond in writing to a written request for eligible
intrastate services within four weeks of the receipt of the request.

Code of Colorado Regulations

197

2877. - 2879.

[Reserved].

2880. - 2889.

[Reserved].

Colorado No-Call List

Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to implement the Colorado No-call List Act, 6-1-901, C.R.S.,
et seq. including establishing procedures by which residential telephone subscribers and wireless
telephone service subscribers can decide whether or not to receive telephone solicitations by phone or
facsimile; establishing procedures for the Commission to contract with a designated agent for No-call
services and to establish a No-call database; to set guidelines for the designated agent; and to set the
annual registration fees charged by the designated agent to telephone solicitors.
The statutory authority for these rules is found in 6-1-905(3) and 40-2-108, C.R.S.
2890.

Applicability.

Rules 2890 through 2899 apply to the designated agent, wireless telephone service providers, and local
exchange providers regulated by the Commission.
2891.

Definitions.

The following definitions apply only in the context of rules 2890 through 2899.
(a)

"Colorado No-call List" means the database of Colorado residential subscribers and wireless
telephone service subscribers that have given notice, in accordance with rules promulgated by
the Commission, of such subscribers objection to receiving telephone solicitations.

(b)

"Conforming list broker" means any person or entity that provides lists for the purpose of
telephone solicitation, if such lists shall have removed, at a minimum of every 30 days, any phone
numbers that are included on the Colorado No-call List.

(c)

"Designated agent" means the party with whom the Commission contracts to administer the
Colorado No-call List program.

(d)

"Established business relationship" means a relationship that:

(I)

Was formed, prior to the telephone solicitation, through a voluntary, two-way

communication between a seller or telephone solicitor and a residential subscriber, or
wireless service subscriber, with or without consideration, on the basis of an application,
purchase, ongoing contractual agreement, or commercial transaction between the parties
regarding products or services offered by such seller or telephone solicitor;

(II)

Has not been previously terminated by either party; and

(III)

Currently exists or has existed within the immediately preceding 18 months.

(IV)

With respect to a financial institution or affiliate, as those terms are defined in 527 of the
federal Gramm-Leach-Bliley Act of 1999, an established business relationship includes
any situation in which a financial institution or affiliate makes solicitation calls related to
other financial services offered, if the financial institution or affiliate is subject to
requirements regarding privacy of Title V of the Federal Gramm-Leach-Bliley Act of 1999,
and the financial institution or affiliate regularly conducts business in Colorado.

Code of Colorado Regulations

198

(e)

"Internet" means the international computer network consisting of federal and non-federal,
interoperable packet-controlled switched data networks.

(f)

"Residential subscriber" means:

(I)

A person who has subscribed to residential telephone service with a local exchange
provider, as defined in 40-15-102(18), C.R.S., or

(II)

Another person living or residing with the person described in subparagraph (I) of this
paragraph.

(g)

"Residential telephone service" includes wireline transmission of voice or facsimile

communication to residential telephone customers.

(h)

"Telephone solicitation":
(I)

"Telephone solicitation" means any voice, facsimile, graphic imaging, or data

communications, including text messaging, communication over a telephone line or
wireless telephone for the purpose of encouraging the purchase or rental of, or
investment in, property, goods, or services, whether such communication originates from
a live operator, through the use of automated dialing and recorded message equipment,
or by other means.

(II)

"Telephone solicitation" does not include communications:

(A)

To any residential subscriber or wireless telephone service subscriber with that

subscribers prior express invitation or permission;

(B)

By or on behalf of any person or entity with whom a residential subscriber or

wireless telephone service subscriber has an established business relationship;

(C)

For 30 days after a residential subscriber or wireless telephone service

subscriber has contacted a business to inquire about the potential purchase of
goods or services or until the subscriber requests that no further calls be made,
whichever occurs first;

(D)

By or on behalf of a charitable organization that is required to and that has

complied with the notice and reporting requirements of 6-16-104, C.R.S., or is
excluded from such notice and reporting requirements by 6-16-103(7), C.R.S.;

(E)

Made for the sole purpose of urging support for or opposition to a political
candidate or ballot issue; or

(F)

Made for the sole purpose of conducting political polls or soliciting the expression
of opinions, ideas, or votes.

(i)

"Telephone solicitor" means any person or entity that makes a telephone solicitation or that
causes a telephone solicitation to be made.

(j)

"Wireless telephone" means a telephone that operates without a physical wireline connection to
the provider's equipment. The term includes, but is not limited to, cellular and mobile telephone.

(k)

"Wireless telephone service subscriber" means a person who has subscribed to a telephone
service that does not employ a wireline telephone, or that employs both wireline and wireless
telephone equipment on the same customer account.

Code of Colorado Regulations

199

2892.

Administrative Procedures.

(a)

Telephone solicitor registration fee. Persons or entities that wish to make telephone solicitations
or otherwise access the database of telephone numbers and zip codes included in the Colorado
No-call List database shall pay to the designated agent the annual registration fee set by the
Commission. Persons or entities with fewer than five employees shall pay no fee. Conforming list
brokers or nonprofit corporations, as defined in 7-121-401(26), C.R.S., shall pay no fee. The
maximum fee set by the Commission shall be charged only to persons or entities with more than
1,000 employees.

(b)

Determination of annual registration fee. The Commission will set the annual registration fee on a
sliding scale. The sliding scale ranges from zero for persons or entities with fewer than five
employees to the maximum fee of no more than $500 for persons or entities with more than 1,000
employees. The sliding scale between five and 1,000 employees is directly related to the number
of employees a particular entity has within that range. The designated agent shall use monies
from such fees to cover the direct and indirect costs for the operation of the Colorado No-call List.
Monies from such fees shall be collected and paid directly to the designated agent. The
Commission may adjust the fees annually based on the revenue history of the fees received by
the designated agent. The annually adjusted fees will become effective on January 1 of each
year.

(c)

Audit and inspection of records. The designated agent shall permit the Commission to audit,
inspect, examine, excerpt, copy or transcribe any of its records relating to the No-call List
program. The designated agent shall make all requested information available to Commission
Staff for audit on request including, but not limited to: salaries and benefits associated with both
operators and managerial employees, local exchange access charges, operating expenses,
building rent and utilities costs, equipment depreciation, corporate overhead allocations,
advertising and marketing expenses, expenses for consultants and temporary employees, and
expenses for account management.

2893.

Designated Agents Responsibilities.

(a)

Implementation. The designated agent shall update the database on an ongoing basis with
information provided by residential subscribers and wireless service subscribers and local
exchange providers as required in these rules.

(b)

Annual registration. The designated agent shall provide a means for on-line registration. The
designated agent shall also accept payment by credit card, check, or money order for annual
registration fees charged to any telephone solicitor that wishes to make telephone solicitations or
otherwise access the database.

(c)

No-call database. The designated agent shall provide the No-call List database to all telephone
solicitors who properly register with the No-call List program.
(I)

The designated agent shall make the data in the No-call List database available online at
the No-call List designated website.

(II)

The designated agent shall allow telephone solicitors to select and sort the data for
downloading by zip code and telephone area code.

Code of Colorado Regulations

200

(III)

The No-call List shall be made available to registered telephone solicitors as a

downloadable extract file from the Colorado No-call List website. This extract file must
meet, at a minimum, the following requirements:
(A)

The file created shall be a standard ASCII text file. The file must be operating
system and applications program independent.

(B)

The file shall be generated using, at a minimum, a standard comma-delimited file

format. At the discretion of the designated agent, other format options (tabdelimited, fixed-width, html, etc.) may also be provided to the registered
telephone solicitor downloading the file.

(C)

Registered telephone solicitors shall have the option to download the No-call List
file using zip code or telephone area code as the sort and selection criteria.

(D)

For each extract file created, a separate informational or "Readme", file shall also
be generated. This file shall include at least the following information: general
information about the No-call List extract file created; the date the extract file was
created; the user defined selection and sort criteria used to create the extract file;
the number of records included in the extract file; the file layout used; and
information about all fields included within the file and how they are delimited.

(d)

Use of existing data. Upon expiration of the designated agent's contract to operate and maintain
the Colorado No-call List, the designated agent shall cooperate fully in the transfer of operations
to any new designated agent selected by the Commission so that the No-call List program
continues without interruption. Such cooperation shall include providing the new designated agent
with the current No-call List in an electronic format such that the new designated agent can use
the list immediately.

(e)

Record maintenance. The designated agent shall maintain electronically the current business
name, business address, e-mail address (if available), and telephone number of each person or
entity registering to make telephone solicitations or otherwise accessing the No-call List. This
information must be updated when changes occur.

(f)

Toll free telephone number. The designated agent shall pay for and maintain a toll free statewide
telephone number for use to register for the No-call list and to file complaints.

(g)

Notice of objection. The designated agent shall provide the means by which each residential
subscriber or wireless service subscriber of telephone service may give notice of objection to
receiving telephone solicitations. The designated agent is required to provide two methods by
which subscribers can provide notice of objection to receiving telephone solicitations:

(h)

(I)

By entering the area code, phone number and zip code of the subscriber directly into the
database using an Internet application housed on the designated website.

(II)

By entering the area code, phone number and zip code of the subscriber directly into the
database using the designated statewide toll free telephone number.

Revocation of notice. The designated agent shall provide means by which each residential
subscriber or wireless service subscriber of telephone service may revoke its No-call list
registration. The designated agent is required to provide two means by which residential
subscribers can revoke the registration.
(I)

By entering the area code, phone number, and zip code of the subscriber directly into the
database using an Internet application housed on the designated website.

Code of Colorado Regulations

201

(II)

By entering the area code, phone number, and zip code of the subscriber directly into the
database using the designated statewide toll free telephone number.

(i)

Transaction dates. The designated agent must record and maintain the date of each transaction
identified in paragraphs (g) and (h).

(j)

No-call List updates. No later than the 10th day of every calendar quarter (i.e., January 10, April
10, July 10, and October 10) the designated agent shall electronically update the Colorado Nocall List to include any additions, deletions, changes, and modifications made to the Colorado Nocall List by residential and wireless telephone service subscribers. No later than the 10th day of
every calendar quarter the designated agent shall remove all telephone numbers from the No-call
List that have been disconnected or reassigned within the previous calendar quarter.

(k)

Information requirements.
(I)

The designated agent shall submit quarterly to the Commission the following information
in order for the Commission to accurately adjust the registration fees. The information
shall be submitted no later than 30 days after the end of the quarter. The Commission will
determine the exact format of this report which shall include:
(A)

Revenues from registration fees for the previous quarter;

(B)

Capital investment purchased for use in No-call List activities during the previous
quarter;

(C)

Operating expenses related to the administration of the No-call List for the
previous quarter; and

(D)

Such other information as the Commission shall request for purposes of

determining the annual registration fees.

(l)

Information distribution. Neither the designated agent nor any person or entity collecting
information to be transmitted to the designated agent shall use or distribute subscriber
information included in the No-call List except as expressly authorized by the Commission or by
the No-call List Act.

(m)

Complaint system.
(I)

The designated agent shall maintain an automated, on-line complaint system and a toll
free statewide telephone complaint system for residential subscribers to report suspected
violations of 6-1-904, C.R.S.
(A)

The on-line complaint system shall be a web-based system and shall have the
capability to electronically collect, sort, and report suspected violations to the
Colorado Attorney General.

(B)

The telephone complaint system shall be a toll free statewide telephone number
and the complaint information shall ultimately be transformed into an electronic
format by the designated agent in order for the suspected violation to be sent to
the Colorado Attorney General.

Code of Colorado Regulations

202

(II)

The designated agent shall collect from the complainant the following information: the
complainants name, address, telephone number, the date and time of the call, the name
of the telemarketer, and the product or service being marketed. The designated agent
shall collect such other information requested by the Colorado Attorney General upon
approval by the Commission.

(n)

Federal No-call List program. The designated agent shall receive from and provide to the Federal
Trade Commission (FTC) all No-call list data, if so directed by the Commission.

(o)

Help line. The designated agent shall provide mechanisms on both its website and its statewide
toll free telephone number to assist residential subscribers in placing their telephone number and
zip code on the Colorado No-call List.

2894.

Local Exchange Carriers' Responsibilities - Notification of Designated Agent.

Not later than the 5th day of every calendar quarter (i.e., January 5, April 5, July 5, and October 5) LECs
shall provide electronically to the designated agent a list including all changed, transferred, and
disconnected telephone numbers for residential subscribers from the previous calendar quarter. Data
shall be in the format defined by subparagraph 2893(c)(III) such that the designated agent can use this
information to amend the No-call List.
2895.

Regulated Telecommunications Utility Rule Violations, Civil Enforcement, and Civil

Penalties.

An admission to or Commission adjudication for liability for an intentional violation of the following may
result in the assessment of a civil penalty of up to $2,000.00 per offense. Fines shall accumulate up to,
but shall not exceed, the applicable statutory limits set in 40-7-113.5, C.R.S.
Citation

Rule 2005
Rule 2108(b),(e)-(g); text
preceding (a)
Rule 2109, text preceding
(a) only
Rule 2110(a) and (b)
Rule 2122
Rule 2133(a)
Rule 2135
Rule 2136
Rule 2137

Code of Colorado Regulations

Description
Articles 1-7 and 15 of Title
40, C.R.S.
Commission Order
Records and Record
Retention
Discontinuance of
Regulated Services
Applications to Transfer or
Encumber
Toll Reseller Restrictions
and Obligations
Keeping a Current Tariff on
File with the Commission
Service Components and
Requirements
Uniform System of
Accounts, Cost Segregation
and Collection
Obligations of Basic
Emergency Service
Providers
Obligations of ALI Database
Providers

Maximum Penalty
Per Violation
$2000
$2000
$2000
$2000
$2000
$2000
$2000
$2000
$2000
$2000
$2000

203

Rule 2138
Rule 2139
Rule 2141(b) and (c)
Rule 2142
Rule 2143
Rule
2164(b),(c)(V),(e),(f),(k),
and (l)
Rule 2165(b)-(e)
Rule 2185
Rule 2186(a),(d), and (e)
Rule 2187(c) and (f)
Rule 2202(e)-(g)
Rule 2203
Rule 2204(c)-(e)
Rule 2205(a) and (f)
Rule 2206(b),(c),(e)-(g)
Rule 2209(e)
Rule 2304
Rule 2305, text preceding
(a) only
Rule 2310(a),(c),(d)-(f)
Rule 2335
Rule 2403(a)
Rule 2404(a),(d)
Rule 2405(a),(c)
Rule 2410

Code of Colorado Regulations

Obligations of Basic Local

Exchange Carriers
Obligations of Resellers of
Basic Local Exchange
Service
Obligations of Multi-line
Telephone Systems
Nondisclosure of
Name/Number/Address
Information
Diverse Routing and Priority
Service Restoration
Regulation of Non-optional
Operator Services

$2000

Requirements for Nonoptional Operator Service

Providers
Obligations of Providers of
Last Resort
Relinquishment of
Designation as Provider of
Last Resort
Eligible
Telecommunications Carrier
Designation
Default Form of Regulation
for ILECs
Default Forms of Regulation
for CLECs
General Requirements
Application for Alternative
Form of Regulation
Simplified Regulatory
Treatment for Rural ILECs
Deregulation of Part III
Emerging Competitive
Services
Billing Information,
Procedures, and
Requirements
Refund Plans

$2000

Line Extensions
Provision of Service During
Maintenance or
Emergencies
Specific Types of Services
Uniform System of
Accounts
State-Interstate Separation
of Costs
Reporting and Record
Keeping

$2000
$2000

$2000
$2000
$2000
$2000
$2000

$2000
$2000
$2000
$2000
$2000
$2000
$2000
$2000
$2000
$2000
$2000

$2000
$2000
$2000
$2000

204

Rule 2413

Affiliate Transactions for

Local Exchange Providers
Affiliate Transactions for
Interexchange Providers
Separation of Colorado
Intrastate Access Costs
Intrastate Access Charge
Elements
Submission of Agreement
and Amendments for
Approval
Assignment of Telephone
Numbers in Colorado
Local Number Portability
Long-Term Service Provider
Number Portability
Abbreviated Dialing Codes

$2000

Citation

Description

Maximum Penalty
Per Violation

Rule 2004

Disputes

$1000

Rule 2123

Price Lists and Transmittal

Letters

$1000

Rule 2144

Reports

$1000

Rule 2168

Access Codes of NonOptional Operator Service

Providers

$1000

Rule 2169

Access From Registered

Equipment and Access to
Common Carriers

$1000

Rule 2311(b)-(g)

Changing Providers and

Carrier Presubscription

$1000

Rule 2312(b)-(e)

IntraLATA Equal Access

$1000

Rule 2334

Construction and
Maintenance Practices for
Telecommunications
Facilities

$1000

Rule 2336(a),(b)

Adequacy of Service

$1000

Rule 2414
Rule 2415
Rule 2416
Rule 2533
Rule 2702(a),(d),(e),(f)
Rule 2723
Rule 2724(b),(c)
Rule 2741(d),(e),(f)(IVV),(g)(X),(h)(III-IV),(j)(IIIIV),(l)

Code of Colorado Regulations

$2000
$2000
$2000
$2000
$2000
$2000
$2000
$2000

205

Rule 2337(b),(d)-(h)

Standard Performance
Characteristics for
Customer Access Lines

$1000

Rule 2338

Interexchange Trunk
Connections

$1000

Rule 2339

PBX and Multiline Channels

$1000

Rule 2340

Network Call Completion

Requirements

$1000

Rule 2341(a),(b),(d)-(f)

Trouble Report Response,

Interruptions and
Curtailments of Service

$1000

Rule 2502

Interconnection

$1000

Rule 2503(c)-(e)

Compensation for
Terminating Local Traffic

$1000

Rule 2504

Other Intercompany
Arrangements

$1000

Rule 2505(c)

Unbundling

$1000

Rule 2506

Process and Imputation

$1000

Rule 2582(a),(c)-(f)

Regulation of FacilitiesBased Telecommunications

Providers

$1000

Rule 2583(b)-(d)

Service Quality

$1000

Rule 2584

Confidentiality

$1000

Rule 2585

Tariff Filings

$1000

Rule 2586(b)

Negotiation, Mediation and

Arbitration

$1000

Rule 2587

Regulation of Resellers

$1000

Rule 2894

Local Exchange Carriers

Responsibilities
Notification of Designated
Agent

$1000

Code of Colorado Regulations

206

Citation

Description

Rule 2302(a)-(c);(e)-(g)

Applications for Service,

Customer Deposits, and
Third Party Guarantees
Directories for Basic Local
Exchange Service
Local Exchange Service
Standards

Rule 2307
Rule 2308

Citation

Description

Rule 2006(a)-(e); (l)

Rule 2303

Reports
Denial or Discontinuance of
Service
Public Information
Conformity with the Federal
Americans with Disabilities
Act of 1990
Conformity with the
Commissions Quality of
Service Rules
Timely or Completely Filing
or Making Appropriate
Payments to the TRS Fund
Timely or Completely Filing
or Making Appropriate
Payments to the CHCSM
Fund

Rule 2306
Rule 2823(a),(c)-(e)
Rule 2824
Rule 2827(b)
Rule 2846

2896. - 2899.

Maximum Penalty
Per Violation
$500
$500
$500

Maximum Penalty
Per Violation
$100
$100
$100
$100
$100
$100
$100

[Reserved].

GLOSSARY OF ACRONYMS
ABS
Alternate Billing Service
ALI
Automatic Location Identification
AMA
Automatic Message Accounting
AML
Actual Measured Loss
ANI
Automatic Number Identification
ANSI
American National Standards Institute
BER
Bit Error Rate
BESP
Basic Emergency Service Provider
BRI
Basic Rate Interface
BSA
Basic Serving Arrangement
BSE
Basic Service Element
CASB
Cost Accounting Standards Board
CCR
Code of Colorado Regulations
CEI
Comparably Efficient Interconnection
CFR
Code of Federal Regulations
CHCSM
Colorado High Cost Support Mechanism
CLASS
Custom Local Area Signaling System
CLEC
Competitive Local Exchange Carrier
CMRS
Commercial Mobile Radio Service
CNS
Complementary Network Service
CPCN
Certificate of Public Convenience and Necessity

Code of Colorado Regulations

207

CPNI
CRCP
CRS
CSR
dB
dBrnC
DEM
DMS
DS0,DS1,DS3
E9-1-1
e-mail
ENS
EP
ESP
ETC
ETS
FCC
FDC
FOC
GAAP
Hz
ICB
IEEE
ILEC
ISDN
IXC
kbit/sec
LATA
LCA
LEC
LIDB
LLC
LNP
LOR
LRIC
LSR
ma
Mbps
MLTS
MSA
MSAG
MTB
MTE
NANP
NANPA
NECA
NENA
NID
NIIF
NPA
NPAC
OC1
OCC
ONA
OSS
PBX

Customer Proprietary Network Information

Colorado Rules of Civil Procedure
Colorado Revised Statutes
Customer Service Record
Decibel
Decibel above Reference Noise level using C-message weighting
Dial Equipment Minutes of Use
Data Management System
Digital Signaling levels 0, 1 and 3
Enhanced 911
Electronic mail
Emergency Notification Service
Eligible Provider
Enhanced Service Provider
Eligible Telecommunications Carrier
Emergency Telephone Service
Federal Communications Commission
Fully Distributed Cost
Firm Order Confirmation
Generally Accepted Accounting Principles
Hertz
Individual Case Basis
Institute of Electrical and Electronics Engineers
Incumbent Local Exchange Carrier
Integrated Services Digital Network
Interexchange Carrier
kilobit per second (1,000 bits per second)
Local Access Transport Area
Local Calling Area
Local Exchange Carrier
Line Identification Database
Limited Liability Company
Local Number Portability
Letter of Registration
Long Run Incremental Cost
Local Service Request
milliamps
Megabits per second
Multi-line Telephone System
Metropolitan Statistical Area
Master Street Address Guide
Minimum Transport Bandwidth
Multi-Tenant Environment
North American Numbering Plan
North American Numbering Plan Administrator
National Exchange Carrier Association
National Emergency Number Association
Network Interface Device
Network Interconnection Interoperability Forum
Numbering Plan Area
Number Portability Administration Center
Optical Carrier-Level 1 Signal
Office of Consumer Counsel
Open Network Architecture
Operational Support Systems
Private Branch Exchange

Code of Colorado Regulations

208

PCS
PIN
POLR
POTS
PRI
PSAP
RBOC
RTEZ
RTF
RUS
SCP
SGAT
SLU
SS7
STP
TDD
TRS
TSLRIC
UNE
USF
USOA
WATS

Personal Communications Service

Personal Account Identification Number
Provider of Last Resort
Plain Old Telephone Service
Primary Rate Interface
Public Safety Answering Point
Regional Bell Operating Company
Rural Technology Enterprise Zone
Rich Text Format
Rural Utility Service
Service Control Point
Statement of Generally Available Terms and Conditions
Subscriber Line Usage
Signaling System #7
Signal Transfer Point
Telecommunications Device for the Deaf
Telecommunications Relay Services
Total Service Long Run Incremental Cost
Unbundled Network Element
Universal Service Fund
Uniform System of Accounts
Wide Area Telephone Service

_________________________________________________________________________
Editors Notes
History
Entire rule eff. 08/01/2007.
Section 2147. eff. 07/30/2010.
Sections SB&P, 2009., 2010., 2895. eff. 09/14/2010.
Sections 2187, 2188, Programs-High Cost Support eff. 12/30/2011.
Sections 2202(f)(III), 2203(a)(II)(C), 2843(c), 2856(unnumbered paragraph), 2856(d) (e), 2856(g), emer.
rule eff. 02/21/2012; expired eff. 09/18/2012.
Sections 2000, 2186(a), 2186(b)(IV), 2186(c), 2186(e)(I)(B), 2202(e), 2202(f)(II) (III), 2203(a)(I) (II),
2213 2215, 2216 2299, 2843(c), 2856 2869 eff. 04/14/2013.
Sections 2006(g) 2007, 2103(a)(XV)(D)(iv) (v), 2104(a)(IV)(C)(iv) (vi), 2122(b)(VII) (IX), 2800
2809, 2847(c) (g), 2895, GLOSSARY OF ACRONYMS eff. 12/15/2013.
Sections 2307, 2504(l)(II) (III) eff. 03/17/2014.
Sections 2131, 2148 emer. rules eff. 07/28/2014.
Annotations
See Archibold v. Public Utilities Com'n of State of Colo, 58 P.3d 1031 (2002).
See AviComm, Inc. v. Colorado Public Utilities Comn, 955 P.2d 1023 (1998).

Code of Colorado Regulations

209