RULES REGULATING TELECOMMUNICATIONS SERVICES AND PROVIDERS OF TELECOMMUNICATIONS SERVICES
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DEPARTMENT OF REGULATORY AGENCIES
Public Utilities Commission
RULES REGULATING TELECOMMUNICATIONS SERVICES
AND PROVIDERS OF TELECOMMUNICATIONS SERVICES
4 CCR 723-2
[Editor’s 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 implement, administer and enforce
the telecommunications provisions of Title 40 of the Colorado Revised Statutes; and
regulate telecommunications proceedings and regulatory activities 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);
38-5.5-101; 39-32104; 40-2-108; 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; 407-116.5; 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; 40-15-302(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; 40-17-103(2) and
(3), C.R.S.
GENERAL PROVISIONS
2000. Scope and Applicability.
Rules 2000 through 2099 are rules of general applicability to be applied consistent with
Commission jurisdiction and rules 2100 through 2999. More specific 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
ically 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 Commission’s
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:
Code of Colorado Regulations
Secretary of State
State of Colorado
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(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 emergency telephone service
as defined in § 29-11-101(14), C.R.S., to the extent the local government or the
public safety organization has implemented 9-1-1.
(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 provider’s network.
(e)
“Base rate area” means the geographic area within an exchange service area, as
defined in the terms of service 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.
limited to loop, circuit, and switch facilities or their functional equivalents,
necessary to access an interexchange provider’s network.
(e)
“Base rate area” means the geographic area within an exchange service area, as
defined in the terms of service 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.
(f)
“Basic local exchange service” or “basic service” means the telecommunications
service that provides:
(I)
a local dial tone;
(II)
local usage necessary to place or receive a call within an exchange area;
and
(III)
access to emergency, operator, and interexchange telecommunications
services.
(g)
“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.
(h)
“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.
(i)
“Calls” means customers' telecommunications messages.
(j)
“Central office” means the plant, facilities, and equipment, including, but not
limited to, the switch, located inside a structure of a provider of
telecommunications service that functions as an operating unit to establish
connections between customer lines, between customer lines and trunks to other
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central offices within the same or other exchanges, and between customer lines
and the facilities of other providers of telecommunications service.
ructure of a provider of
telecommunications service that functions as an operating unit to establish
connections between customer lines, between customer lines and trunks to other
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central offices within the same or other exchanges, and between customer lines
and the facilities of other providers of telecommunications service.
(k)
“Certificate of Public Convenience and Necessity” (CPCN) means the
Commission-granted authority to provide services, subject to terms and
conditions established by the Commission in its decision granting the authority.
(l)
“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.
(m)
“Class of service” means a classification of a telecommunications 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).
(n)
“Collocation” means the following:
(I)
physical collocation occurs when one provider of telecommunications
service owns interconnection facilities physically located within another
provider of telecommunications service 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
provider’s 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)
ocation 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
provider’s 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.
(o)
“Commercial Mobile Radio Service” or “CMRS” means cellular or wireless
service, personal communications service, paging service, radio common carrier
service, radio mobile service, or enhanced specialized mobile radio service.
(p)
“Common carrier” means a provider of telecommunications service 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.
(q)
“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.
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(r)
“Competitive local exchange carrier” (CLEC) means a provider of local exchange
service that is not the incumbent local exchange carrier in an identified exchange
area.
(s)
“Customer” means, to the extent consistent with the context of each definition or
other rule, 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.
(t)
“Customer proprietary network information” has the same meaning as the
meaning given to such term in 47 U.S.C. § 222(h)(1).
ns 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.
(t)
“Customer proprietary network information” has the same meaning as the
meaning given to such term in 47 U.S.C. § 222(h)(1).
(u)
“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.
(v)
“Day” means a calendar day, consistent with the definition found in rule 1004(o).
(w)
“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.
(x)
“Deregulated telecommunications 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.
(y)
“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.
or the term decibel.
(x)
“Deregulated telecommunications 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.
(y)
“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.
(z)
“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 caller’s dialed digits without a
'system busy' response.
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(aa)
“Effective competition area” (ECA) means a geographic area in which the
Commission has determined that basic local exchange service is competitive and
no longer eligible to receive High Cost Support Mechanism (HCSM) support
pursuant to § 40-15-207, C.R.S.
(bb)
“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.
(cc)
“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).
(dd)
“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.
(ee)
“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
)
“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.
(ee)
“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.
(ff)
“End user” means, to the extent consistent with the context of each definition or
other rule, a person, other than another provider of telecommunications service,
who purchases a jurisdictional telecommunications service from a
telecommunications provider.
(gg)
“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.
(hh)
“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 telecommunications service to customers located in
a geographic area defined by a provider’s tariff or terms of service document. An
exchange may include more than one central office location or more than one
wire center.
(ii)
“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.
(jj)
“FCC” means the Federal Communications Commission.
(kk)
“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.
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central office, used in providing basic local exchange service.
(jj)
“FCC” means the Federal Communications Commission.
(kk)
“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.
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(ll)
“Held service order” means an application by a customer for basic local
exchange service in a HCSM recipient’s or ETC’s service territory that the HCSM
recipient or ETC 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 HCSM recipient or ETC that the customer
desires service. Oral or written requests shall both be considered applications.
(mm) “HCSM recipient” means a provider of basic service in a geographic support area
that receives high cost support distributions pursuant to §§ 40-15-208 and 40-15-
502(5), C.R.S.
(nn)
“Incumbent local exchange carrier” (ILEC) means either:
(I)
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 FCC’s 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
(II)
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
subparagrap
or
(II)
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.
(oo)
“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.
(pp)
“Information service” has the same meaning as set forth in 47 USC § 153.
(qq)
“Interexchange provider” means a person who provides interexchange
telecommunications services.
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(rr)
“Interexchange telecommunications service” means telephone service between
exchange areas that is not included in basic local exchange service.
(ss)
“Internet-Protocol- enabled service” or “IP-enabled service means a service,
functionality, or application, other than voice-over-internet protocol, that uses
internet protocol or a successor protocol and enables an end user to send or
receive a voice, data, or video communication in internet protocol format or a
successor format, utilizing a broadband connection at the end user’s location.
(tt)
“Jurisdictional service” means any service, subject to the authority of the
Commission under the statutes of the State of Colorado included in Title 40,
Article15, Part 2, Part 3 or Part 5, C.R.S
otocol and enables an end user to send or
receive a voice, data, or video communication in internet protocol format or a
successor format, utilizing a broadband connection at the end user’s location.
(tt)
“Jurisdictional service” means any service, subject to the authority of the
Commission under the statutes of the State of Colorado included in Title 40,
Article15, Part 2, Part 3 or Part 5, C.R.S. Jurisdictional service also includes
basic local exchange service in areas where HCSM support is provided, and
interexchange service only for the purpose of Commission jurisdiction over
unauthorized charges on a subscriber’s bill, or complaints of changing a
subscriber’s service without his or her consent.
(uu)
“Letter of Registration” (LOR) means Commission-granted authority to provide
switched access services, subject to terms and conditions established in the
Commission decision granting the authority.
(vv)
“Local Access and Transport Area” (LATA) means a geographic area designated
at the time of the1984 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.
(ww) “Local call” means any call originating and terminating within the same local
calling area.
(xx)
“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.
(yy)
“Local exchange carrier” (LEC) or “local exchange provider” means any person
authorized by the Commission to provide basic local exchange service
al 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.
(yy)
“Local exchange carrier” (LEC) or “local exchange provider” means any person
authorized by the Commission to provide basic local exchange service.
(zz)
“Local exchange telecommunications service” and “local exchange service”
means basic local exchange service and other such services identified in § 40-
15-401, C.R.S., or defined by the Commission pursuant to § 40-15-502(2),
C.R.S., and switched access as defined in §§ 40-15-102(28) and 40-15-301(2),
C.R.S.; or any of the above singly or in combination.
(aaa) “Local usage” means the usage necessary to place and receive calls within a
local calling area in which the customer is located.
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(bbb) “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.
(ccc) “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, or technology equivalent, transmission levels using the local
access line.
(ddd) “Part II service” means a service subject to regulation pursuant to Title 40, Article
15, Part 2, C.R.S
ty 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, or technology equivalent, transmission levels using the local
access line.
(ddd) “Part II service” means a service subject to regulation pursuant to Title 40, Article
15, Part 2, C.R.S.
(eee) “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.
(fff)
“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 support
area. All HCSM recipients are designated as POLRs in the geographic areas in
which they receive HCSM support.
(ggg) “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.
(hhh) “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.
, 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.
(hhh) “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.
(iii)
“Rural telecommunications provider” or “rural provider” (RLEC) 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:
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(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.
(jjj)
“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.
(kkk) “Service territory” means a geographic area in which a provider of local exchange
telecommunications services is authorized by the Commission to provide such
services
oise, 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.
(kkk) “Service territory” means a geographic area in which a provider of local exchange
telecommunications services is authorized by the Commission to provide such
services.
(lll)
“Station” means a device and any other necessary equipment at the customer's
premises that allows the customer to establish and continue communication.
(mmm)
“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.
(nnn) "Telecommunications relay service" means any telecommunications services
through a third party that allow an individual who is deaf, hard of hearing, or
deafblind or who has a speech disability to communicate by any compatible
telecommunications service with one or more individuals in a manner that is
functionally equivalent to the ability of an individual who does not have a hearing
or speech disability.
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(ooo) “Telecommunications service” and “telecommunications” have the same
meanings as set forth in 47 U.S.C. § 153(53), 47 U.S.C. § 153(50) and § 40-15-
102(29), C.R.S.
(ppp) “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)
was or is traditionally billed to the customer separately from basic local
exchange service
ervice) 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)
was or is traditionally billed to the customer separately from basic local
exchange service.
(qqq) “Unbundling” means the disaggregation of facilities and functions into network
products or services so that they can be separately offered to other providers of
telecommunications service in a manner that allows requesting providers of
telecommunications service to combine such elements in order to provide
telecommunications services.
(rrr)
“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.
(sss) “Urban rate floor” means the basic local exchange service rate required to be
charged in order to prevent a reduction in Federal high cost support.
(ttt)
“USOA” means Uniform System of Accounts.
(uuu) “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.
twork 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.
(vvv) “Voice-over-internet protocol” or VoIP” means a service that:
(I)
enables real-time, two-way voice communications originating from or
terminating at a user’s in internet protocol or a successor protocol;
(II)
utilizes a broadband connection from the user’s location; and
(III)
permits a user to generally receive calls that originate on the public
switched network and to terminate calls to the public switched telephone
network.
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(www) “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.
(xxx) “Wire center serving area” means the geographic area of an exchange area
served by a single wire center.
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 services, as provided in rule 2103;
(II)
for the issuance of a LOR for services, as provided in rule 2103;
(III)
to amend a CPCN or LOR, as provided in rule 2105;
(IV)
to change exchange area boundaries, as provided in rule 2106;
(V)
to discontinue the provisioning of basic emergency service, switched
access service, or basic local exchange service provided by an ETC, EP,
or HCSM recipient, as provided in rule 2109;
(VI)
to transfer or encumber a CPCN, LOR, or assets, or to merge a provider
with another entity, as provided in rule 2110;
(VII)
to amend a tariff on less than statutory notice, as provided in
subparagraph 2122;
(VIII) for c
inue the provisioning of basic emergency service, switched
access service, or basic local exchange service provided by an ETC, EP,
or HCSM recipient, as provided in rule 2109;
(VI)
to transfer or encumber a CPCN, LOR, or assets, or to merge a provider
with another entity, as provided in rule 2110;
(VII)
to amend a tariff on less than statutory notice, as provided in
subparagraph 2122;
(VIII) for certification as a basic emergency service provider, as provided in rule
2132;
(IX)
for approval of a change to an emergency telephone charge in excess of
the threshold set by the Commission, as provided in rule 2147;
(X)
for approval of an increase in the number of concurrent sessions
associated with a 9-1-1 governing body for purposes of determining
distribution percentages from the 9-1-1 surcharge trust cash fund, as
provided in rule 2151;
(XI)
for designation as a POLR, as provided in rules 2183 and 2184;
(XII)
for relinquishment of the designation as a POLR, ETC, or EP, as provided
in rule 2186;
(XIII) for designation as an ETC, as provided in rule 2187;
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(XIV) for approval of a disaggregation of a study area of a rural ILEC, as
provided in rule 2189;
(XV) for reclassification of a Part II service to a Part III service, as provided in
rule 2203;
(XVI) for deregulation of Part III Services, as provided in rule 2204;
(XVII) for approval of a refund plan, as provided in rule 2305; or
(XVIII) 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.
classification of a Part II service to a Part III service, as provided in
rule 2203;
(XVI) for deregulation of Part III Services, as provided in rule 2204;
(XVII) for approval of a refund plan, as provided in rule 2305; or
(XVIII) 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.
(b)
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 attachments:
(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, 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, 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:
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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:
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(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; and
(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.
(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; and
(XI)
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.
e 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; and
(XI)
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)
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. 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]”;
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ission to
deem the application incomplete. The applicant may also be required by statute,
Commission rule, or order to provide additional notice. 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]”;
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(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 customer class(es) will be affected and the monthly
customer rate impact by customer class, if customers’ rates are affected
by the application;
(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 proceeding number, 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
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 proceeding number, 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;
(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 Commission’s 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; and
(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
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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 Commission’s External Affairs
section.
(e)
Filings shall be made in accordance with rule 1204.
2003. Petitions.
Commission or shall
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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 Commission’s External Affairs
section.
(e)
Filings shall be made in accordance with rule 1204.
2003. Petitions.
(a)
Any person may seek Commission action regarding any of the following matters
through the filing of an appropriate petition:
(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 2107;
(IV)
for arbitration of an interconnection agreement, as provided in rules 2562
through 2579;
(V)
for use of N-1-1 abbreviated dialing codes, as provided in paragraph
2742(e); or
(VI)
for approval of funding of an audit of an originating service provider’s
books and records regarding collection and remittance of emergency
telephone charges, filed by a governing body or bodies as provided in
paragraph 2152(g).
(b)
Unless otherwise noted in specific rules, all petitions shall include, the
information contained in paragraph 2002(b).
(c)
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
same information as required by paragraph 2002(d).
y a governing body or bodies as provided in
paragraph 2152(g).
(b)
Unless otherwise noted in specific rules, all petitions shall include, the
information contained in paragraph 2002(b).
(c)
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
same information as required by paragraph 2002(d).
(d)
Filings should be made in accordance with rule 1204.
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.
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2005. Records.
(a)
All providers of jurisdictional services shall make available required records to the
Commission or Commission staff at any time upon request.
(b)
Providers shall preserve and retain all records related to jurisdictional services 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.
ders of jurisdictional services shall make available required records to the
Commission or Commission staff at any time upon request.
(b)
Providers shall preserve and retain all records related to jurisdictional services 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.
(c)
Records to be maintained include, as applicable:
(I)
Each HCSM recipient 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 HCSM recipient shall also keep a record or all
customers eligible for credits related to such interruptions, pursuant to
subparagraph 2304(b)(IV).
(II)
Each HCSM recipient shall keep customer billing and dispute records.
(III)
Providers shall maintain and preserve carrier change authorization
records of verification of subscriber authorization of service.
(IV)
Held service orders.
(A)
This rule applies to HCSM recipients and ETCs.
(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;
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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(vi)
the expected in-service date; and
(vii)
a record of all provider contacts, whether written or oral, with
the applicant.
(C)
During periods of time when the provider is not able to supply
service to applicants 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 2308(f)(III) and (IV).
(D)
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
applicant’s requested installation date, if later.
(V)
Each provider of jurisdictional service 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.
(VI)
Other records as the Commission may require.
e, the cause(s) for the
delay and number of days for installation beyond ten days or the
applicant’s requested installation date, if later.
(V)
Each provider of jurisdictional service 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.
(VI)
Other records as the Commission may require.
(d)
Accounting records for jurisdictional services.
(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.
(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.
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(IV)
For all providers of jurisdictional service exempt by the FCC from USOA
requirements, the system for keeping the books of account and associated
records shall be capable of generating Colorado intrastate- specific
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 statute.
2006. Reports.
(a)
Pursuant to § 40-2-109, C.R.S., all providers that are required by the Department
of Revenue to file an annual DR525 form shall file with the Commission, on or
before May 15 of each year, a copy of the DR525 form filed with the Department
of Revenue pursuant to § 40-2-111, C.R.S., for use in the Commission’s
budgetary process.
h by Commission order, rules, or applicable statute.
2006. Reports.
(a)
Pursuant to § 40-2-109, C.R.S., all providers that are required by the Department
of Revenue to file an annual DR525 form shall file with the Commission, on or
before May 15 of each year, a copy of the DR525 form filed with the Department
of Revenue pursuant to § 40-2-111, C.R.S., for use in the Commission’s
budgetary process.
(b)
All providers that have been granted a CPCN or LOR by the Commission shall
biennially file a completed Statement of Information, beginning on October 1,
2017 and every two years thereafter. Providers whose CPCN or LOR was
granted after January 1, 2017, shall file the statement on the second July 1
anniversary following a Commission order granting the company a CPCN or
LOR. The biennial statement shall contain any updates to the company’s
information previously provided to the Commission. The Statement of Information
form is available on the Commission’s website and shall be submitted through
filing with the Commission’s E-Filings System in the proceeding designated for
this purpose.
2007. [Reserved].
2008. Incorporations by Reference.
(a)
The Commission incorporates by reference 47 C.F.R., Parts 32, 36, 54, 68, 69
and Part 64 Subparts I and K (as published February 4, 2015). No later
amendments to or editions of these regulations are incorporated in these rules.
(b)
The Commission incorporates by reference the regulations published in 47
C.F.R. Part 64 Subpart U as revised on June 8, 2007. No later amendments to or
editions of the C.F.R. are incorporated into these rules.
(c)
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
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amendments to or editions of the National Electrical Safety Code are
incorporated into these rules.
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
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amendments to or editions of the National Electrical Safety Code are
incorporated into these rules.
(d)
The Commission incorporates by reference the regulations published in 47
C.F.R. 51.307 through 51.319, as revised on. January 28, 2013 No later
amendments to or editions of these regulations are incorporated into these rules.
(e)
The Commission incorporates by reference the rule promulgated by the FCC’s
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.
(f)
The Commission incorporates by reference the FCC’s Truth in Billing Rules
found at 47 C.F.R. § 64.2401, et seq. revised on November 30, 2012. No later
amendments to or editions of the C.F.R. are incorporated into these rules.
(g)
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. Incorporated standards shall be available electronically
and provided in certified copies, at cost, upon request. Restrictions on the
provision of physical copies due to copyright protections may apply. The Director
or the Director’s designee will provide information regarding how the incorporated
standards and regulations may be examined at any state public depository
library
are state holidays. Incorporated standards shall be available electronically
and provided in certified copies, at cost, upon request. Restrictions on the
provision of physical copies due to copyright protections may apply. The Director
or the Director’s designee will provide information regarding how the incorporated
standards and regulations may be examined at any state public depository
library. The standards and regulations are also available from the agency,
organization or association originally issuing the code, standard, guideline or rule
as follows: Code of Federal Regulations: www.govinfo.gov/help/cfr; Federal
Communications Commission: www.fcc.gov; and National Electrical Safety Code:
www.standards.ieee.org.
CIVIL PENALTIES
2009. Definitions.
The following definitions apply to rules 2009, 2010, and 2011, 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.
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(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.
40, C.R.S., Commission rules, or
Commission orders.
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(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.; § 29-
11-103(7)(b) and (c), 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 40-7-116.5, 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., or for delinquent payments, penalties, and interest as described in § 29-
11-103(7)(b) and (c), 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.
ty assessments for the violations enumerated in § 40-7-113.5,
C.R.S., or for delinquent payments, penalties, and interest as described in § 29-
11-103(7)(b) and (c), 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.
(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 paragraph 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.
vil 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 paragraph 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:
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(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.
ion 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.
(g)
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.
(h)
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.
(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.
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ommission shall only
consider those instances occurring within one year prior to the date of such
alleged conduct for which tripled civil penalties are sought.
(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.
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(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 utility’s 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 Commission’s ability to pursue other
remedies in lieu of issuing civil penalties.
2011. 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.
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Citation
Description
Maximum
Penalty
Per Violation
Rule 2109(b),(e)-(g); text preceding
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.
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Citation
Description
Maximum
Penalty
Per Violation
Rule 2109(b),(e)-(g); text preceding
(a)
Discontinuance of Regulated Services $2000
Rule 2110, text preceding (a) only
Applications to Transfer or Encumber $2000
Rule 2122
Keeping a Current Tariff on File with
the Commission
$2000
Rule 2135
Uniform System of Accounts, Cost
Segregation and Collection
$2000
Rule 2136
Obligations of Basic Emergency
Service Providers
$2000
Rule 2139
Obligations of Resellers of Basic Local
Exchange Service
$2000
Rule 2142
Nondisclosure of
Name/Number/Address Information
$2000
Rule 2143
Diverse Routing and Priority Service
Restoration
$2000
Rule 2150
Administration of the 9-1-1 Surcharge
Trust Cash Fund
$2000
Rule 2152
Audit of Service Providers Regarding
Emergency Telephone Charge and 9-
1-1 Surcharge Practices
$2000
Rule 2186(a),(d), (e) and (f)
Relinquishment of Designation as
Provider of Last Resort
$2000
Rule 2302(a)-(c);(e)-(g)
Applications for Service, Customer
Deposits, and Third Party Guarantees $500
Rule 2305, text preceding (a) only
Refund Plans
$2000
Rule 2334
Construction and Maintenance
Practices for Telecommunications
Facilities
$1000
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86(a),(d), (e) and (f)
Relinquishment of Designation as
Provider of Last Resort
$2000
Rule 2302(a)-(c);(e)-(g)
Applications for Service, Customer
Deposits, and Third Party Guarantees $500
Rule 2305, text preceding (a) only
Refund Plans
$2000
Rule 2334
Construction and Maintenance
Practices for Telecommunications
Facilities
$1000
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Citation
Description
Maximum
Penalty
Per Violation
Rule 2335
Provision of Service During
Maintenance or Emergencies
$2000
Rule 2337(a)
Standard Performance Characteristics
for Customer Access Lines
$1000
Rule 2413
Affiliate Transactions for Local
Exchange Providers
$2000
Rule 2533
Submission of Agreement and
Amendments for Approval
$2000
Rule 2742
Abbreviated Dialing Codes
$2000
Rule 2812
Incarcerated People’s
Communications Services Provider
Reporting and Testing Requirements $2000
Rule 2845
Timely or Completely Filing or Making
Appropriate Payments to the HCSM
Fund
$100
2012. – 2099.
[Reserved].
OPERATING AUTHORITY
Authority to Offer Services – Discontinuances – Transfers – Interexchange
Provider 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 basic
emergency services; applications for Letters of Registration (LOR) to provide switched
access services; applications of providers of Part IV services for a CPCN or LOR;
applications to discontinue services; applications to execute a merger, encumbrance or
transfer; and registrations.
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enience and Necessity (CPCN) to provide basic
emergency services; applications for Letters of Registration (LOR) to provide switched
access services; applications of providers of Part IV services for a CPCN or LOR;
applications to discontinue services; applications to execute a merger, encumbrance or
transfer; and registrations.
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The statutory authority for promulgation of these rules is found at §§ 24-4-103, 40-2-
108, 40-15-111, 40-15-204, 40-15-301(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), 40-15-503.5, and 40-15-509, C.R.S.
2100. Applicability.
Rules 2100 through 2119 apply to CPCNs, LORs, registrations for interexchange
telecommunications service providers, authority to discontinue service, and authority to
execute a transfer, encumbrance, or any combination of these.
2101. Definitions.
The following definitions apply only in the context of rules 2100 through 2119:
(a)
“Alternate provider” means any provider of telecommunications service certified
by the Commission that has an effective tariff on file to provide basic emergency
service.
(b)
“Encumbrance” means any liability, lien, claim or restriction placed on a provider
of telecommunications service’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 LOR; or
a 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 provider of telecommunications service
defined as a public utility.
2102. Application Procedures.
(a)
The applicant shall submit filings in accordance with rule 1204 and any
supporting documentation.
nveyance 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 provider of telecommunications service
defined as a public utility.
2102. Application Procedures.
(a)
The applicant shall submit filings in accordance with rule 1204 and any
supporting documentation.
(b)
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 or a LOR. Unless otherwise
ordered by the Commission, the notice period will expire 30 days after the notice
is posted.
(c)
No discontinuance of basic emergency service; switched access service; or basic
local exchange service from HCSM recipients; or encumbrance of a CPCN, or
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LOR shall become effective until the Commission issues an order approving such
application.
2103. Application for CPCN or LOR.
To request a CPCN to provide basic emergency services or a LOR to provide switched
access services, an applicant shall submit the required information by filing an
application or the LOR form provided by the Commission on its website. No CPCN or
LOR is required for services classified in Part IV of Article 15 of Title 40 of the Colorado
Revised Statutes. A provider is not required to, but may apply for a CPCN to provide
Part IV services pursuant to this section, unless otherwise required by law or
Commission rule.
submit the required information by filing an
application or the LOR form provided by the Commission on its website. No CPCN or
LOR is required for services classified in Part IV of Article 15 of Title 40 of the Colorado
Revised Statutes. A provider is not required to, but may apply for a CPCN to provide
Part IV services pursuant to this section, unless otherwise required by law or
Commission rule.
(a)
The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified
attachments:
(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;
(IV)
the applicant’s 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)
a description of the geographic service area for which the applicant seeks
authority;
(VII)
name and address of applicant’s Colorado agent for service of process;
(VIII) a description of the applicant's affiliation, if any, with any other company
and the name and address of all affiliated companies;
(IX)
the applicant’s most recent audited balance sheet, income statement, and
statement of retained earnings;
(X)
if the applicant is a newly created company that is unable to provide the
audited financial information requested in subparagraph (IX): detailed
information on the sources of capital funds that will be used to provide the
er company
and the name and address of all affiliated companies;
(IX)
the applicant’s most recent audited balance sheet, income statement, and
statement of retained earnings;
(X)
if the applicant is a newly created company that is unable to provide the
audited financial information requested in subparagraph (IX): detailed
information on the sources of capital funds that will be used to provide the
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services that are the subject of the application, 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;
(XI)
the names, business addresses, and titles of all officers, directors,
partners, agents and managers who will be responsible for the
provisioning of services in Colorado;
(XII)
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
services in Colorado;
(XIII) 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
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
(J)
any combination of the above.
(XIV) For each item identified in subparagraph (XIII) of this paragraph: an
identification of the jurisdiction, summary of any applicable notification of a
possible initiation or pending procedure, including the docket/proceeding,
case, or file number, and, upon the request of the Commission or
Commission staff, a copy of any written decision; and
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(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
services for which it is applying;
(B)
understands that:
(i)
the filing of the application does not by itself constitute
authority to operate; and
(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; and (b) has an
effective tariff on file with the Commission, if applicable;
(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)
Telecommunications Utility Fund
(ii)
Colorado High Cost Support Mechanism;
(iii)
Colorado Telephone Users with Disabilities Fund;
(iv)
Emergency Telecommunications Services (e.g., 9-1-1 and
E9-1-1); and
g, 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)
Telecommunications Utility Fund
(ii)
Colorado High Cost Support Mechanism;
(iii)
Colorado Telephone Users with Disabilities 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, and
(E)
certifies that it will not unjustly discriminate among customers in the
same class of service; and
(F)
certifies that the applicant will not permit any other person or entity
to operate under its Commission-granted authority without explicit
Commission approval.
(b)
An applicant may additionally seek a Commission determination that the services
they provide or seek to provide are telecommunications services. An applicant
may submit evidence, such as a verified statement from an officer, director, or
manager detailing those services.
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(c)
If an applicant is requesting a LOR for switched access services, its application
shall include the information required by subparagraphs (a)(I) - (VII) and (XIII) –
(XV).
2104. Registrations – Providers of Interexchange Telecommunications Service.
All providers of interexchange telecommunications service shall initially register and
provide any necessary updates to their registration within 15 days after any change,
including discontinuance, using the form provided by the Commission on its website. All
forms shall be filed in the proceedings opened by the Commission for such purpose. All
initial registrations will be effective 30 days from the date filed, unless the Commission
orders otherwise.
2105. 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.
ded by the Commission on its website. All
forms shall be filed in the proceedings opened by the Commission for such purpose. All
initial registrations will be effective 30 days from the date filed, unless the Commission
orders otherwise.
2105. 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)
The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified
attachments, 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(VI);
(II)
the 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 meets the requirements pursuant to subparagraph
2103(a)(XVI)(A)
(B)
understands that:
(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 the requirements pursuant to
subparagraph 2103(a)(XVI)(B)(ii) are met.
(C)
agrees to contribute in the manner described in subparagraph
2103(a)(XVI)(D); and
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(D)
certifies that it will not unjustly discriminate among customers in the
same class of service.
2106. Application to Change Exchange Area Boundaries.
This rule applies to ILECs that seek 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 of telecommunications
service, the affected providers shall file a joint application containing the information
applicable to each provider.
ange Area Boundaries.
This rule applies to ILECs that seek 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 of telecommunications
service, the affected providers shall file a joint application containing the information
applicable to each provider.
(a)
The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified
attachments:
(I)
the information required by paragraph 2002(b);
(II)
a description and a map or GIS boundary file of the specific boundaries
that the applicant proposes to change;
(III)
the proposed 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 to the requirements of subparagraph 2002(b)(IX).
(b)
If a grant of the application will result in changing a customer's provider of
telecommunications service, 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 provide
notice to the affected customers; and
(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 the provider of telecommunications service, rates, phone
numbers, and local calling areas.
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pplication, the applicant shall provide
notice to the affected customers; and
(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 the provider of telecommunications service, rates, phone
numbers, and local calling areas.
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2107. Declaration of Intent to Serve within Territory of Rural Telecommunications
Provider.
A provider that has been granted a CPCN to provide 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)
The petition shall include, in the following order and specifically identified, the
following information, either in the petition or in appropriately identified
attachments:
(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)
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 Commission’s
website.
of the telecommunications services, i.e.,
resale, unbundled network elements, facilities-based, or a combination
thereof; and
(VI)
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 Commission’s
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 Commission’s Rules of Practice and Procedure
or any applicable Commission order.
(d)
The Declaration shall become effective only upon order of the Commission.
2108. 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 of jurisdictional service fails to file an applicable tariff, if
required, within one year after the effective date of the Commission order granting the
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CPCN and/or LOR. For good cause shown, the provider of jurisdictional service may file
a motion to extend the one-year filing deadline at least 30 days prior to the expiration of
the one-year deadline.
2109. Discontinuance of Services.
To discontinue basic emergency service or switched access service, any service
required for the provisioning of basic emergency service, or basic local exchange
service provided by an ETC or EP, in a selected service territory or portion(s) thereof, a
provider of such service shall file an application with the Commission not less than 45
days prior to the effective date of the proposed discontinuance
discontinue basic emergency service or switched access service, any service
required for the provisioning of basic emergency service, or basic local exchange
service provided by an ETC or EP, in a selected service territory or portion(s) thereof, a
provider of such service 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)
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 (f) of this rule;
(II)
the provider is discontinuing interexchange service and has notified the
Commission under rule 2104;
(III)
the provider is discontinuing facilities-based long distance service and has
notified the Commission and the provider’s customers under
subparagraph (g);or
(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 2110.
(b)
Compliance with reporting and regulatory funding requirements.
(I)
If the application is for a discontinuance of all jurisdictional services in
Colorado the provider shall:
(A)
seek authority to cancel its tariffs;
(B)
submit any required 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
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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
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(D)
make all necessary and appropriate arrangements with underlying
facilities- based provider of jurisdictional service regarding the
discontinuation of services provided.
(II)
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.
(c)
The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified
attachments:
(I)
the information required by paragraph 2002(b);
(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 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 of telecommunications service files the
application with the Commission.
(VI)
the notice that will be provided to customers in accordance with paragraph
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 of telecommunications service files the
application with the Commission.
(VI)
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;
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(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 of jurisdictional service
shall, on not less than two business days’ notice, make a
compliance advice letter filing citing the applicable Commission
decision number that cancels part or all of its tariffs.
(d)
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.
t less than two business days’ notice, make a
compliance advice letter filing citing the applicable Commission
decision number that cancels part or all of its tariffs.
(d)
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)
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.
(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
other providers of telecommunications service to include in the notice shall
be obtained from the Commission.
(II)
Except as may otherwise be ordered by the Commission, the notice shall:
(A)
include the information required by subparagraphs 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; and
(D)
notify customers that if a customer does not select an alternate
local provider within the specified time period, the customer’s 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.
(III)
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 the notice given shall accompany the affidavit.
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le 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 the notice given shall accompany the affidavit.
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(f)
If no customers are affected by the proposed discontinuance, the provider of
telecommunications service is not required to file an application. However, at
least 30 days prior to the proposed date of discontinuance, the provider of
telecommunications service 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)
If the proposed discontinuance requires an amendment of the provider’s tariff,
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.
2110. Application to Transfer or Encumber.
To request authority to execute a transfer or encumbrance of a CPCN or LOR, 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 Commission- issued 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.
a Commission- issued 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.
(a)
The application shall include, in the following order and specifically identified, the
following information, either in the application or in appropriately identified
attachments:
(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:
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(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:
cants 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:
(i)
the existence of applicable, effective tariffs 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
(E)
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
proceeding and decision number(s) which granted the authority to
execute the transfer or encumbrance.
(b)
If the Commission has designated either the transferor or the transferee as a
POLR, the application shall also include the information required by rule 2186
relating to relinquishment of POLR designation.
2111. Financial Assurance.
The Commission may require a bond or other security as a condition of obtaining a
Commission operating authority.
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on has designated either the transferor or the transferee as a
POLR, the application shall also include the information required by rule 2186
relating to relinquishment of POLR designation.
2111. Financial Assurance.
The Commission may require a bond or other security as a condition of obtaining a
Commission operating authority.
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2112. – 2119.
[Reserved].
Advice Letters, Tariffs, and Terms of Service Documents
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to describe the process by which a provider
files tariffs, advice letters, or terms of service documents enabling the Commission to
ensure that the rates, charges, terms, and conditions contained therein 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, 40-3-103, 40-3-104, 40-3-104(1)(c)(V), and 40-2-108, 40-15-208 and 40-15-
502, C.R.S.
2120. Applicability.
Rules 2120 through 2129 are applicable to providers of switched access service, basic
emergency service, and basic service provided by HCSM recipients in HCSM-supported
areas as provided in each rule.
2121. Definitions [Reserved].
2122. Tariffs, Advice Letters and Terms of Service Documents.
(a)
All tariffs and advice letters shall comply with rule 1210 of the Commission’s
Rules of Practice and Procedure.
(b)
All providers of basic emergency service shall file and maintain a tariff with the
Commission.
(c)
All providers of switched access service shall file and maintain a tariff with the
Commission.
Definitions [Reserved].
2122. Tariffs, Advice Letters and Terms of Service Documents.
(a)
All tariffs and advice letters shall comply with rule 1210 of the Commission’s
Rules of Practice and Procedure.
(b)
All providers of basic emergency service shall file and maintain a tariff with the
Commission.
(c)
All providers of switched access service shall file and maintain a tariff with the
Commission.
(d)
HCSM recipients shall provide the Commission and publish on its website a
Terms of Service document (TOS) for basic service offered in HCSM-supported
areas. In addition to the requirements and contents in rule 1210, the following
shall be included in a HCSM recipient's TOS, as applicable:
(I)
a description of the provider’s local calling areas, which shall include the
exchange area and all other exchanges which are included in its local
calling area;
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(II)
a currently applicable exchange area boundary map for each of its
exchanges within the state in which the HCSM recipient 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;
(III)
the rates and charges for basic service pursuant to § 40-15-
401(1)(b)(IV)(B), C.R.S.;
(IV)
a description of subscribers’ options regarding freezing their authorized
local, intraLATA toll, and interLATA interexchange providers),;
(V)
a description of the High Cost Support Mechanism (HCSM) surcharge,
consistent with paragraphs 2847(f) and (g);
(VI)
a description of the Telephone Disability Access surcharge, consistent
with rule 2823;
(VII)
a description of all other state-mandated surcharges; and
(VIII) information sufficient to indicate that the HCSM recipien
local, intraLATA toll, and interLATA interexchange providers),;
(V)
a description of the High Cost Support Mechanism (HCSM) surcharge,
consistent with paragraphs 2847(f) and (g);
(VI)
a description of the Telephone Disability Access surcharge, consistent
with rule 2823;
(VII)
a description of all other state-mandated surcharges; and
(VIII) information sufficient to indicate that the HCSM recipient’s terms of service
comply with the requirements for basic service set forth in Rules 2300
through 2399.
(e)
All providers of telecommunications service proposing to introduce any
jurisdictional service required to be tariffed 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 provider of telecommunications
service to give additional notice of the proposed new service.
(f)
Notice requirements for all tariff and TOS changes.
(I)
Any provider of tariffed switched access or basic emergency services
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)
Any provider of tariffed switched access or basic emergency services
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.
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h § 40-3-104, C.R.S.
(II)
Any provider of tariffed switched access or basic emergency services
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.
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(III)
Changing tariff terms or conditions on not less than 14-days’ notice. Any
provider of tariffed switched access or basic emergency services
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 of
telecommunications service shall extend the effective date of such advice
letter to accommodate the additional notice.
(IV)
A HCSM recipient shall notify the Commission of and publish on its
website each change to its TOS document prior to that change taking
effect, and shall notify the Commission at the same time it notifies its
customers of each such change.
(g)
Changing tariffs upon less than 30-days’ or 14-days’ notice. A provider of tariffed
switched access or basic emergency service 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 § 40-3-104(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
e Commission, for good cause shown, under § 40-3-104(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 of
telecommunications service shall comply with paragraph 1207(a) 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 14-days’ 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.
(h)
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 subparagraphs 2002(d)(I) – (XII); and
(II)
identification of the advice letter number, if known at the time the customer
notice is provided.
(i)
All existing tariffs or tariff language on file with the Commission for services
deregulated pursuant to § 40-15-401, C.R.S., are null and void. All tariffs on file
with the Commission offering rates, terms and conditions for basic emergency
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service and tariffs offering rates, terms and conditions for the offering of switched
access service remain effective.
2123. Customer-specific contracts and notice.
(a)
Irrespective of any tariff requirement, the Commission may permit a provider to
contract for jurisdictional services.
erms and conditions for basic emergency
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service and tariffs offering rates, terms and conditions for the offering of switched
access service remain effective.
2123. Customer-specific contracts and notice.
(a)
Irrespective of any tariff requirement, the Commission may permit a provider to
contract for jurisdictional services.
(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 charges exceed the
company’s costs; and confirm that the contract contains a provision
acknowledging that it is subject to regulatory review. If a provider of jurisdictional
service fails to timely make the required notice with the Commission, both parties
of the contract may be subject to Commission sanctions, including civil penalties.
(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
(III)
the contract terms are not inconsistent with applicable Commission rules.
(d)
The Commission may set the contract for hearing and, after hearing, may
approve or disapprove the contract. At the hearing, the provider of jurisdictional
services 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.
2124. – 2129. [Reserved]
stent with applicable Commission rules.
(d)
The Commission may set the contract for hearing and, after hearing, may
approve or disapprove the contract. At the hearing, the provider of jurisdictional
services 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.
2124. – 2129. [Reserved].
Basic Emergency Service
Basis, Purpose, and Statutory Authority
The basis and purpose of these rules is to: (1) define and describe basic emergency
service as regulated by § 40-15-201, C.R.S.; (2) prescribe the process for certification of
basic emergency service providers and outline the obligations of basic emergency
service providers; (3) prescribe the required components of a basic emergency service
tariff; (4) prescribe reporting and response requirements regarding basic emergency
service outages; (5) establish a tariff-based funding mechanism for basic emergency
service network reliability improvements; (6) permit use of 9-1-1 databases for outbound
wide area notifications in times of emergency; (7) establish the 9-1-1 Advisory Task
Force; (8) explicitly recognize the potential for multiple BESPs in Colorado; (9) establish
the process by which governing bodies may apply for approval to impose an emergency
telephone charge rate in excess of a threshold established by the Commission; (10)
prescribe the process for the establishment of the annual threshold, surcharge, and
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xplicitly recognize the potential for multiple BESPs in Colorado; (9) establish
the process by which governing bodies may apply for approval to impose an emergency
telephone charge rate in excess of a threshold established by the Commission; (10)
prescribe the process for the establishment of the annual threshold, surcharge, and
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prepaid wireless 9-1-1 charge amounts; (11) establish annual reporting requirements for
9-1-1 governing bodies; (12) prescribe the processes for the collection and distribution
of 9-1-1 surcharge funds; and (13) establish procedures for the conducting of audits of
service providers’ practices regarding the collection, payment, and remittance of
emergency telephone charges and 9-1-1 surcharges.
The statutory authority for the promulgation of these rules is found at §§ 29-11-101.5;
29-11-102; 29-11-102.3; 29-11-102.5(2)(c); 29-11-102.7(2); 29-11-103; 29-11-106(3);
40-2-108; 40-3-102; 40-3-103; 40-4-101(1) and (2); 40-15-201; 40-15-301; and 40-15-
503(2)(g), C.R.S.
2130. Applicability.
(a)
Except as otherwise provided, rules 2130 through 2159 apply to BESPs.
(b)
Rules 2136, 2137, and 2143 apply to BESPs actively providing service to a
governing body or PSAP.
(c)
Rules 2147, 2151, 2153, and 2154 apply to 9-1-1 governing bodies.
(d)
Rules 2152 and 2155 apply to originating service providers.
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.
2151, 2153, and 2154 apply to 9-1-1 governing bodies.
(d)
Rules 2152 and 2155 apply to originating service providers.
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 access connection” means any communications service including wireline,
wireless cellular, interconnected voice-over-internet-protocol, or satellite in which
connections are enabled, configured, or capable of making 9-1-1 calls. The term
does not include facilities-based broadband services. The number of 9-1-1
access connections is determined by the configured capacity for simultaneous
outbound calling.
(c)
“9-1-1 Advisory Task Force” means the representative group established in
accordance with rule 2145, which provides oversight of the statewide
implementation and provision of basic emergency service, and periodically
reports to the Commission on matters related to 9-1-1 service delivery in the
state of Colorado.
(d)
“9-1-1 call” means a request for emergency assistance from the public by dialing
9-1-1 or addressing the ESInet regardless of the technology used, and may
include voice, text, images, and video, whether originated by wireline, wireless,
satellite, or other means.
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(e)
“9-1-1 service” means the service by which a 9-1-1 call is routed and transported
from the end user to the governing body or PSAP serving the caller’s location. 9-
1-1 service also includes location information routed to the PSAP.
(f)
“9-1-1 surcharge” or “state 9-1-1 surcharge” means the surcharge established
pursuant to § 29-11-102.3, C.R.S.
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(e)
“9-1-1 service” means the service by which a 9-1-1 call is routed and transported
from the end user to the governing body or PSAP serving the caller’s location. 9-
1-1 service also includes location information routed to the PSAP.
(f)
“9-1-1 surcharge” or “state 9-1-1 surcharge” means the surcharge established
pursuant to § 29-11-102.3, C.R.S.
(g)
“Alternate PSAP” means a PSAP or PSAPs designated to receive 9-1-1 calls
when the BESP is unable to deliver those calls to the primary demarcation point,
or at the request of the PSAP that is normally responsible for receiving calls in
that geographic area or at the request of its governing body.
(h)
“Automatic Location Identification” (ALI) means the automatic provision to a
PSAP for display, on equipment at the PSAP, of the telephone number and
location of the caller. ALI data includes non-listed and non-published numbers
and addresses, and other information about the caller’s location.
(i)
“Automatic Number Identification” (ANI) means the automatic provision to a
PSAP for display of the caller’s telephone number at the PSAP
(j)
“Basic emergency service” (BES) means the aggregation and transportation of a
9-1-1 call directly to a demarcation point with a governing body or PSAP,
regardless of the technology used to provide the service. The aggregation of
calls means the collection of 9-1-1 calls from one or more OSPs or IASPs for the
purpose of selectively routing and transporting 9-1-1 calls directly to a
demarcation point with a governing body or PSAP. The offering or providing of
location information or selective routing directly to a governing body or PSAP is
also a basic emergency service
nology used to provide the service. The aggregation of
calls means the collection of 9-1-1 calls from one or more OSPs or IASPs for the
purpose of selectively routing and transporting 9-1-1 calls directly to a
demarcation point with a governing body or PSAP. The offering or providing of
location information or selective routing directly to a governing body or PSAP is
also a basic emergency service. Basic emergency service does not include:
(I)
the portion of a 9-1-1 call provided by an OSP;
(II)
the portion of a 9-1-1 call or services provided by an IASP;
(III)
the portion of a 9-1-1 call from the OSP or an IASP to a demarcation point
with the BESP;
(IV)
the portion of a 9-1-1 call after the demarcation point between the BESP
and the governing body or PSAP; or
(V)
the delivery of text messages to a governing body or PSAP via networks
or connections separate from the basic emergency service network.
(k)
“Basic emergency service facilities” or “BES facilities” means the lines, wires,
cables, conduit, ducts, poles, cross-arms, equipment, supporting structures, and
other infrastructure used by the BESP to provide basic emergency service.
“Facilities” has the same meaning, unless the context requires otherwise.
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(l)
“Basic emergency service network” or “BES network” means the portion of the 9-
1-1 call path that begins at the demarcation point between an OSP or IASP and a
BESP and ends at the demarcation point between a BESP and a governing body
or PSAP to provide basic emergency service.
(m)
“Basic Emergency Service Provider” (BESP) means any person certificated by
the Commission to provide basic emergency service.
(n)
“Concurrent session” means a channel for an inbound simultaneous 9-1-1 call.
path that begins at the demarcation point between an OSP or IASP and a
BESP and ends at the demarcation point between a BESP and a governing body
or PSAP to provide basic emergency service.
(m)
“Basic Emergency Service Provider” (BESP) means any person certificated by
the Commission to provide basic emergency service.
(n)
“Concurrent session” means a channel for an inbound simultaneous 9-1-1 call.
(o)
“Core BES component” means a component of basic emergency service that:
(I)
must be purchased to receive routing and transport of voice 9-1-1 calls
and associated location information to the primary demarcation point;
(II)
should reasonably be provided by a BESP for technical or operational
reasons related to the provision of basic emergency service; and
(III)
may also include monitoring, measurement, and management of BES,
such as the provision of call metrics services for 9-1-1 call delivery.
(p)
“Demarcation point” means a physical point of interconnection where the
responsibility for a portion of 9-1-1 service changes from one party to another.
(q)
“Emergency notification service” (ENS) means a public alerting service that, upon
activation by a public agency, rapidly distributes notifications within a specified
geographic area of hazardous conditions or emergent events that threaten the
health or lives of people or threatens damage or destruction of property,
including, without limitation, floods, fires, and hazardous materials incidents.
(r)
“Emergency telephone charge” means a charge established by a governing body
pursuant to § 29-11-102(2)(a), C.R.S., to pay for the expenses authorized in §
29-11-104, C.R.S.
(s)
“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.
gency telephone charge” means a charge established by a governing body
pursuant to § 29-11-102(2)(a), C.R.S., to pay for the expenses authorized in §
29-11-104, C.R.S.
(s)
“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.
(t)
“Governing body” means the organization responsible for establishing, collecting,
and disbursing the emergency telephone charge in a specific geographic area,
pursuant to §§ 29-11-102, 103, and 104, C.R.S.
(u)
“Improvement amount” means the amount approved by the Commission as
described in subparagraph 2137(e)(II).
(v)
“Improvement plan” means the plan proposed by a BESP or approved by the
Commission as described in paragraph 2143(b).
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(w)
“Intermediary aggregation service provider” (IASP) means a person that
aggregates and transports 9-1-1 calls for one or more OSPs for delivery to a
demarcation point with a BESP.
(x)
“Location information” means ALI or its functional equivalent associated with a 9-
1-1 call and provided by a BESP pursuant to its BES tariff.
(y)
“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.
, 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.
(z)
“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.
(aa)
“Network Operations Center” (NOC) or “Basic Emergency Service Network
Operations Center” means a 24x7, 365 days a year single point of contact for
Basic Emergency Service (BES). The NOC is responsible for monitoring the BES
network, notifying PSAPs of PSAP service disruptions, initiating repairs,
troubleshooting, and resolving BES network issues.
(bb)
“Optional BES component” means a component of basic emergency service that
is not a core BES component. Optional BES components may be purchased or
declined by governing bodies or PSAPs purchasing BES from the BESP.
(cc)
“Originating service provider” (OSP) means a local exchange carrier, wireless
carrier, Voice-over-Internet-Protocol service provider, or other provider of
functionally equivalent services supplying the ability to place 9-1-1 calls.
(dd)
“Primary demarcation point” means the demarcation point designated to the
BESP as the primary or first location for delivery of 9-1-1 calls, ANI, and location
information for a specific geographic area. This designation is determined by the
governing body or PSAP with jurisdictional authority for the geographic area from
which the call originates. The physical location of a primary demarcation point
may be at a PSAP, at a point of interconnection with a governing body’s local
network, or at any other location designated by the governing body or PSAP for
delivery of 9-1-1 calls to a PSAP.
ic area. This designation is determined by the
governing body or PSAP with jurisdictional authority for the geographic area from
which the call originates. The physical location of a primary demarcation point
may be at a PSAP, at a point of interconnection with a governing body’s local
network, or at any other location designated by the governing body or PSAP for
delivery of 9-1-1 calls to a PSAP.
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(ee)
“PSAP service disruption” means any situation in which a BESP is unable to
deliver 9-1-1 calls, ANI, or location information to the primary demarcation point
due to an event or incident inside the BES network or on the BESP’s side of the
demarcation point. A PSAP service disruption includes, but is not limited to:
(I)
any event or incident that occurs inside the BES network that results in or
requires the BESP to reroute 9-1-1 calls to the demarcation point for an
alternate PSAP or the governing body for an alternate PSAP; or
(II)
any situation in which a PSAP is unable to receive 9-1-1 calls or location
information as the result of an event or incident that occurs inside the BES
network, even if the facilities involved in the event or incident also provide
OSP connectivity.
(ff)
“Public Safety Answering Point” (PSAP) means a facility equipped and staffed to
receive and process 9-1-1 calls from a BESP.
(gg)
“Selective routing” means the routing of a 9-1-1 call to the demarcation point with
a governing body or PSAP based upon the location information or other factors
as agreed upon by the governing body or PSAP.
2132. -2133. [Reserved].
2134. Process for Certification of Basic Emergency Service Providers (BESPs).
eans a facility equipped and staffed to
receive and process 9-1-1 calls from a BESP.
(gg)
“Selective routing” means the routing of a 9-1-1 call to the demarcation point with
a governing body or PSAP based upon the location information or other factors
as agreed upon by the governing body or PSAP.
2132. -2133. [Reserved].
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 throughout 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)
A party shall not offer to provide BES in Colorado until it has applied for and been
granted a certificate of public convenience (CPCN) and necessity by the
Commission to provide BES. An application for CPCN to provide BES shall
demonstrate that the applicant is technically, managerially, and financially
qualified to provide the service, and if certificated, the applicant will (1) maintain a
NOC staffed 24 hours per day, 365 days per year, and (2) have adequate
personnel, equipment, spares and supplies to expediently restore service after
an outage. The Commission may certify multiple BESPs to offer BES if it finds
such certification is in the public interest.
(c)
Notwithstanding paragraphs 2103(a) and 2002(b), an application for CPCN to
provide BES shall include the following information in the following order,
specifically identified in the application or attachments thereto:
(I)
the name and address of the applicant;
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fer BES if it finds
such certification is in the public interest.
(c)
Notwithstanding paragraphs 2103(a) and 2002(b), an application for CPCN to
provide BES shall include the following information in the following order,
specifically identified in the application or attachments thereto:
(I)
the name and address of the applicant;
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(II)
the name(s) under which the applicant will be providing BES in Colorado;
(III)
the name, address, telephone 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, 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 (if not at the
Commission’s offices in Denver, the town or city and any alternate town or
city shall be within applicant’s proposed initial service area);
(VI)
a statement that the applicant agrees to respond to all questions
propounded by the Commission or Commission staff concerning the
application;
(VII)
a statement that the applicant shall permit the Commission or Commission
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, applicant understands
that:
(A)
the filing of the application does not by itself constitute approval of
the application;
(B)
if the application is granted, the applicant shall not commence the
requested action until the applicant complies with applicable
Commission rules and with any conditions e
es granted may be revoked upon Commission order;
(IX)
acknowledgment that, by signing the application, applicant understands
that:
(A)
the filing of the application does not by itself constitute approval of
the application;
(B)
if the application is granted, the applicant shall not commence the
requested action until the applicant complies with applicable
Commission rules and with any conditions established by
Commission order granting the application;
(C)
if a hearing is held, the applicant shall present evidence at the
hearing to establish its qualifications to provide BES, and that grant
of the application is in the public interest; and
(D)
in lieu of the statements contained in subparagraphs (c)(IX)(A)
through (C) of this rule, an applicant may include a statement that it
has read, and agrees to abide by, the provisions of subparagraphs
(c)(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 applicant, as appropriate, who is authorized to act on
behalf of the applicant; 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)
the applicant’s proposed notice to the public and its customers, if such
notice is required;
(XII)
name, mailing address, toll free telephone number, and e-mail address of
applicant’s representative responsible for responding to customer
disputes;
(XIII) name, mailing address, telephone number, and e-mail address of
applicant’s representative responsible for responding to the Commission
concerning customer informal complaints;
(XIV) the applicant's applicable organizational documents, e.g., Articles of
Incorporation; Partnership Agreement; Articles of Organization, etc.;
(XV) if the applicant is not organized in Colorado, a current copy of the
certificate iss
g address, telephone number, and e-mail address of
applicant’s representative responsible for responding to the Commission
concerning customer informal complaints;
(XIV) the applicant's applicable organizational documents, e.g., Articles of
Incorporation; Partnership Agreement; Articles of Organization, etc.;
(XV) 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;
(XVI) name and address of applicant's Colorado agent for service of process;
(XVII) a description of the applicant's affiliation, if any, with any other company
and the name and address of all affiliated companies;
(XVIII) the applicant's most recent audited balance sheet, income statement, and
statement of retained earnings;
(XIX) if the applicant is a newly created company that is unable to provide the
audited financial information requested in subparagraph (XVIII): detailed
information on the sources of capital funds that will be used to provide
BES, 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;
(XX) the names, business addresses, and titles of all officers, directors,
partners, agents and managers who will be responsible for the
provisioning of BES in Colorado;
(XXI) 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 BES in
Colorado;
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rs,
partners, agents and managers who will be responsible for the
provisioning of BES in Colorado;
(XXI) 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 BES in
Colorado;
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(XXII) an applicant which has contracted with or is otherwise relying upon one or
more unaffiliated service providers to provide a major component of BES
under its certificate shall identify all such contractors or unaffiliated service
providers and which services they are providing. For the purposes of this
section, a “major component” means call aggregation, transport, routing,
location information, and database services;
(XXIII) identification of any of the following actions by any court, regulatory body,
agency or official within the last five years regarding the provisioning of
regulated communications 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)
debarment from providing services in any other jurisdiction or
bidding on state or federal contracts;
(J)
limitation, de-certification, or revocation of authority to operate or to
provide a service; or
(K)
any combination of the above
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)
debarment from providing services in any other jurisdiction or
bidding on state or federal contracts;
(J)
limitation, de-certification, or revocation of authority to operate or to
provide a service; or
(K)
any combination of the above.
(XXIV) For each item identified in subparagraph (XXIII) 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;
(XXV) a description and a visual representation of the major components of, and
9-1-1 call flow through, the applicant’s proposed BES network;
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(XXVI) 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 BES
for which it is applying;
(B)
understands that:
(i)
the filing of the application does not by itself constitute
authority to operate;
(ii)
a Commission finding that the application is complete is not
a ruling on the merits of the application;
(iii)
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; and (b) has an
effective tariff on file with the Commission;
(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 federal or state
statute, rule, or administrative order establishing an explicit subsidy
mechanism or other fund to which BESPs are required to
contribute;
(E)
certifies that, pursuant to the tariff unde
riff on file with the Commission;
(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 federal or state
statute, rule, or administrative order establishing an explicit subsidy
mechanism or other fund to which BESPs are required to
contribute;
(E)
certifies that, pursuant to the tariff under which its service is offered,
it will not unjustly discriminate among customers in the same class
of service; and
(F)
certifies that the applicant will not permit any other person or entity
to provide BES under its BESP certification without explicit
Commission approval.
(XXVII)
The BESP’s service area shall be the state of Colorado, but the
applicant shall identify the geographic area it initially intends to serve;
(XXVIII)
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
(XXIX) a detailed statement describing the means by which it will provide basic
emergency service. This statement shall include, but is not limited to:
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(A)
the technical specifications for the system that will be used to
provide BES, including information on emergency restoration of the
system;
(B)
all inter-company agreements used to implement and operate the
service;
(C)
a list of all interconnection agreements between the BESP and
basic local exchange carriers, wireless carriers, other BESPs, and
other telecommunications providers;
(D)
a proposed schedule for testing, monitoring, maintaining, and
replacing all equipment and electronics that will be used to provide
BES; and
(E)
proposed tariffs.
(XXX) An acknowledgment that the applicant will provide BES in accordance with
these rules and all applicable quality of service rules
ic local exchange carriers, wireless carriers, other BESPs, and
other telecommunications providers;
(D)
a proposed schedule for testing, monitoring, maintaining, and
replacing all equipment and electronics that will be used to provide
BES; and
(E)
proposed tariffs.
(XXX) An acknowledgment that the applicant will provide BES in accordance with
these rules and all applicable quality of service rules.
(d)
While the application is pending, the applicant shall amend its application to
report any changes to the information provided within five business days of any
such change, so as to keep its application current.
(e)
By March 30, 2025, and each two years thereafter, each BESP actively providing
BES shall file with the Commission updates regarding any changes to the
following required information in paragraph (c): items (I)-(IV), (XII)-(XVIII), (XX)-
(XXV), and (XXIX)(A)-(C). Additionally, the BESP shall include with this filing an
attestation that the information provided is true, accurate, and correct, and that
the BESP remains financially and administratively sound and capable of
providing the BES offered in its current tariff(s).
(f)
BESPs that have not actively provided BES for a period of five years prior to the
filing of a proposed tariff as described in rule 2137 must include in that filing an
update to their certification information regarding paragraph (c): items (I)-(IV),
(XII)-(XVII), (XX)-(XXV), (XXIX), and (XXX). Additionally, the BESP shall include
with this filing an attestation, which is made under penalty of perjury, that the
information provided is true, accurate, and correct, and that the BESP remains
financially and administratively sound and capable of providing the BES offered
in its proposed tariff(s). The Commission will consider this information when
considering approval of the advice letter and proposed tariff pages. The
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of perjury, that the
information provided is true, accurate, and correct, and that the BESP remains
financially and administratively sound and capable of providing the BES offered
in its proposed tariff(s). The Commission will consider this information when
considering approval of the advice letter and proposed tariff pages. The
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Commission will also determine whether the BESP must file an improvement
plan as described in paragraph 2143(b) along with its proposed tariff.
(g)
Each BESP must offer BES on a statewide basis to all governing bodies or
PSAPs.
(h)
Persons seeking to offer services that provide backup BES outside of a BESP’s
BES tariff must apply for BESP certification. Applications for backup BES must
meet requirements in rule 2134 or seek waiver of specific rule requirements and
demonstrate good cause for any waiver requested.
(i)
In any order approving the certification of a BESP, the Commission will also
determine whether the BESP shall be required to file an improvement plan
application as described in paragraph 2143(b) and set a deadline for filing the
application.
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 interconnect with all OSPs and
IASPs who have customers in areas served by the BESP. BESPs shall
interconnect with all other BESPs for the purpose of transferring 9-1-1 calls to
PSAPs served by the other BESPs.
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 interconnect with all OSPs and
IASPs who have customers in areas served by the BESP. BESPs shall
interconnect with all other BESPs for the purpose of transferring 9-1-1 calls to
PSAPs served by the other BESPs.
(b)
The BESP shall provide geographically diverse demarcation points for
aggregating 9-1-1 calls and location information from OSPs and IASPs. At the
request of an OSP or IASP, a BESP shall interconnect with the requestor for the
purpose of aggregating and transporting 9-1-1 calls and location information from
the requestor to the demarcation point with the governing body or PSAP.
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:
(I)
dedicated facilities for connecting OSPs and IASPs 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 an
OSP or IASP 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.
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(c)
A BESP shall develop and file with the Commission tariffs that comply with the
requirements set forth in rule 2137.
(d)
A BESP shall render to each governing body or PSAP a single monthly bill for its
tariffed services. The monthly bill shall be sufficiently detailed to allow the
governing body or PSAP to determine that it is being billed properly based on the
billing increments as approved by the Commission.
develop and file with the Commission tariffs that comply with the
requirements set forth in rule 2137.
(d)
A BESP shall render to each governing body or PSAP a single monthly bill for its
tariffed services. The monthly bill shall be sufficiently detailed to allow the
governing body or PSAP to determine that it is being billed properly based on the
billing increments as approved by the Commission.
(e)
BESPs shall ensure, to the extent possible and in the most efficient manner, that
basic emergency service is available for transmitting 9-1-1 calls from deaf, hard
of hearing, and persons with speech impairments to the appropriate PSAP.
(f)
A BESP shall ensure that all BES facilities, and interconnections between it and
the OSPs and IASPs are engineered, installed, maintained, and monitored in
order to provide a minimum of two circuits and a minimum P.01 grade of service
(one percent or less blocking during the busy hour), or such other minimum
grade of service requirements approved by the Commission.
(g)
Where a BESP obtains BES facilities from a basic local exchange carrier, the
rates for such facilities shall be reflected in a tariff or agreement filed for approval
with the Commission. Such tariffs or agreements shall ensure that such facilities
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.
The basic local exchange carrier providing such facilities shall not be considered
a BESP. The provisions of this rule shall not apply to routing arrangements
implemented pursuant to paragraph 2143(j)(II).
(h)
To expedite the restoration of service following a PSAP service disruption, each
BESP shall designate a telephone number for governing bodies, PSAPs, IASPs,
and OSPs 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.
ngements
implemented pursuant to paragraph 2143(j)(II).
(h)
To expedite the restoration of service following a PSAP service disruption, each
BESP shall designate a telephone number for governing bodies, PSAPs, IASPs,
and OSPs 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.
(i)
A BESP shall keep on file with the Commission its contingency plan as described
in paragraph 2143(e).
(j)
BESPs shall identify service providers supplying service within a governing body
or PSAP’s service area, or statewide, to the extent that the BESP possesses
such information, in response to a request from a governing body, PSAP, or the
Commission.
(k)
A BESP shall report to the Commission a list of every PSAP serviced by the
BESP with the number of concurrent sessions provided to each PSAP. This
report shall be updated and filed annually with the Commission by June 1 of each
year.
(l)
These requirements are in addition to those in paragraph 2335(d). If the BESP is
aware of repairs or maintenance being conducted or to be conducted that have
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the potential to impact service to a primary demarcation point, the BESP shall
notify the associated PSAP(s) of the potential of a PSAP service disruption at
least 24 hours prior to work commencing, or as soon as possible. This
notification shall be provided by voice call to the PSAP, if possible, and to the
contact maintained for the PSAP as described in paragraph 2143(c). When
scheduling routing maintenance or repairs, the BESP should schedule such
repairs at a time likely to cause the least impact to the affected PSAP(s).
Wherever practicable, maintenance of the BES network shall be performed with
no scheduled downtime. The BESP shall employ best efforts to ensure that
planned events for routine maintenance are scheduled and communicated to
avoid impacts to each affected PSAP’s 9-1-1 operations
ance or repairs, the BESP should schedule such
repairs at a time likely to cause the least impact to the affected PSAP(s).
Wherever practicable, maintenance of the BES network shall be performed with
no scheduled downtime. The BESP shall employ best efforts to ensure that
planned events for routine maintenance are scheduled and communicated to
avoid impacts to each affected PSAP’s 9-1-1 operations. Conduct of emergency
or unscheduled repairs in order to restore service to a PSAP should not be
delayed in order to make PSAP notification.
2137. Required Components of a Basic Emergency Service Tariff.
(a)
At a minimum, a BES tariff must include the following services:
(I)
delivery of 9-1-1 calls to the demarcation point with the governing body or
PSAP with primary responsibility for dispatching first responders to the
caller’s location unless otherwise directed by the PSAP or governing body;
(II)
delivery of location information to the governing body or PSAP receiving
the 9-1-1 call;
(III)
the ability to automatically route 9-1-1 calls to one or more alternate
PSAPs, as designated by the governing body or PSAP, in the event of a
call overflow, PSAP service disruption, or PSAP abandonment, including
split contingent routing of 9-1-1 calls to multiple alternate PSAPs if
feasible;
(IV)
the ability to transfer 9-1-1 calls to other Colorado governing bodies or
PSAPs with location information;
(V)
when feasible, the ability to transfer 9-1-1 calls to 10-digit lines without
additional long distance charges;
(VI)
if feasible, the ability to transfer 9-1-1 calls to a PSAP in another state with
location information without additional long distance charges;
(VII)
processes or tools that a governing body or PSAP and the BESP may use
to pre-validate location information and routing information associated with
specific telephone numbers and to correct such information or to report
telephone numbers that do not have associated location information;
(VIII) minimum quality of service metrics that the BES will meet (examples:
service
long distance charges;
(VII)
processes or tools that a governing body or PSAP and the BESP may use
to pre-validate location information and routing information associated with
specific telephone numbers and to correct such information or to report
telephone numbers that do not have associated location information;
(VIII) minimum quality of service metrics that the BES will meet (examples:
service availability percentage, jitter, packet loss, mean opinion score,
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latency, successful call delivery percentage, and call delivery accuracy
percentage);
(IX)
a description of the internal schedules for testing, monitoring, maintaining,
and replacing all equipment and electronics that will be used to provide
BES;
(X)
the provision of technical support 24 hours per day, every day of each
year;
(XI)
reporting tools for access to service metrics, call processing, call status,
and other call and service data;
(XII)
nonrecurring charges for one-time costs, such as installation of equipment
or change orders related to the delivery of BES must be listed separately
in the tariff, unless those costs are included in the monthly recurring
charges provided for in the tariff; and
(XIII) terms of payment for invoices for BES must be stated, including late fees.
(b)
BESPs with BES tariffs in place as of March 1, 2022 shall file an advice letter and
tariff pages within 180 days of the effective date of this rule to comply with
paragraph (a) of this rule.
(c)
All of the requirements listed in paragraph (a) shall be provided in conformity with
the relevant standards of the National Emergency Number Association, to the
extent feasible.
(d)
Additional features or services may be offered as part of a BES tariff, if they may
reasonably be considered part of BES, or provide metrics related to that service.
rule to comply with
paragraph (a) of this rule.
(c)
All of the requirements listed in paragraph (a) shall be provided in conformity with
the relevant standards of the National Emergency Number Association, to the
extent feasible.
(d)
Additional features or services may be offered as part of a BES tariff, if they may
reasonably be considered part of BES, or provide metrics related to that service.
(e)
The pricing and rates for BES shall be set forth on the BESP’s BES tariff.
(I)
Rates for BES must be established per concurrent session per month. The
rate for all services and features included with the BES offering, as
approved by the Commission, must be the same, per concurrent session,
for all governing bodies or PSAPs purchasing service under the tariff.
Such pricing must be based on actual costs plus a proposed profit margin.
The BESP shall describe the methodology it used to determine the
proposed pricing in the advice letter or tariff pages. Additional features or
services may be offered in the tariff on an optional or individual case
basis, provided:
(A)
the additional features or services may reasonably be considered
part of BES or monitoring and metrics for such service; and
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(B)
the offering of the additional features or services on an optional or
individual case basis will not create differences in the uniformity of
BES availability statewide.
(II)
The tariff must include, as a separate line item, the improvement amount
approved pursuant to paragraph 2143(b), if any. Within 45 days of the
Commission’s approval of the improvement amount, the BESP shall file an
advice letter and tariff pages to reflect the approved improvement amount,
with an effective date of the following March 1, unless otherwise directed
by the Commission in its approval of the improvement amount. The
improvement amount shall be assessed per concurrent session per month
to every governing body or PSAP receiving service from the BESP
l of the improvement amount, the BESP shall file an
advice letter and tariff pages to reflect the approved improvement amount,
with an effective date of the following March 1, unless otherwise directed
by the Commission in its approval of the improvement amount. The
improvement amount shall be assessed per concurrent session per month
to every governing body or PSAP receiving service from the BESP.
(III)
The tariff must state that the improvement amount described in
subparagraph (II) above may be temporarily or permanently suspended by
Commission decision.
(f)
In its advice letters and BES tariff, a BESP shall classify the components of its
basic emergency service offering as core BES components or optional BES
components. Components of basic emergency service shall not unreasonably be
bundled such that certain components which could be classified as optional BES
components are instead classified as core BES components.
2138. Obligations of Payphone Providers.
All payphone providers must ensure that access to dial tone, 9-1-1, and 7-1-1 calls are
available from all payphones at no charge to the caller, pursuant to 47 C.F.R.
64.1330(b).
2139. – 2140.
[Reserved].
2141. Multi-line Telephone Systems (MLTS) Complaint Portal.
(a)
The Commission maintains an online portal by which members of the public or
other interested parties may report violations of federal law or regulation
regarding the 9-1-1 capabilities of multi-line telephone systems in Colorado. This
includes but is not limited to reports of violations of 47 U.S.C. § 623.
(b)
The Commission shall relay all complaints received via this portal to the
appropriate federal enforcement agency or agencies in a timely manner.
2142. Nondisclosure of Name/Number/Address Information.
violations of federal law or regulation
regarding the 9-1-1 capabilities of multi-line telephone systems in Colorado. This
includes but is not limited to reports of violations of 47 U.S.C. § 623.
(b)
The Commission shall relay all complaints received via this portal to the
appropriate federal enforcement agency or agencies in a timely manner.
2142. Nondisclosure of Name/Number/Address Information.
(a)
ALI database information shall not be used for purposes other than for
responding to requests for 9-1-1 emergency assistance (including maintenance
of GIS address data used for 9-1-1 responses), initiating delivery of emergency
warnings using an emergency notification service (including development of an
emergency notification database and addressing verification), or periodic tes
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