Title 40, Utilities

(1) No local exchange provider shall, as to its pricing and provision of access, make or grant any preference or advantage to any person providing telecommunications service between exchanges nor subject any such person to, nor itself take advantage of, any prejudice or competiti…

The price of telecommunications services or products which are not subject to the jurisdiction of the commission shall not be priced below cost by use of subsidization from customers of services and products subject to the jurisdiction of the commission, and any such cross-subsid…

(1) The commission shall administer and enforce all provisions of this article, and, in addition to any other powers under articles 1 to 7 of this title, the commission has the right to inspect the books and documents of the local exchange provider. The local exchange provider sh…

(1) Any local exchange provider which provides facilities or equipment for use by interstate users or providers of telecommunications services shall separate all investments and expenses associated therewith according to applicable federal separations procedures and agreements. (…

(1) If a local exchange provider does not have interconnection with an interexchange provider, the commission may order any provider of interexchange service in the state to interconnect with the local exchange provider. Nothing in this subsection (1) shall require a rural teleco…

Nothing in this article shall be construed to preclude a single entity from offering and providing services under parts 2, 3, and 4 of this article. Source: L. 87: Entire article R&RE, p. 1480, § 1, effective July 2.

(1) Every local exchange provider shall continue to offer and provide basic local exchange service in any exchange area it serves immediately prior to July 2, 1996, unless the commission determines that an alternative provider offers or provides functionally equivalent service to…

(1) No provider of telecommunications service shall request the transfer of a customer's account, wholly or in part, to another provider of the same or a similar telecommunications service unless one or more of the following conditions has been met: (a) The provider to whom the c…

(1) A provider of telecommunications service shall not engage in the following activities: (a) Charging a customer for goods or services without the customer's authorization; (b) Adding charges for goods or services to the customer's bill without the customer's authorization; or …

(1) For purposes of this part 2, except as otherwise provided in this title, each provider of basic local exchange service is declared to be affected with a public interest and a public utility subject to the provisions of articles 1 to 7 of this title, so far as applicable, incl…

(1) No provider of services regulated in this part 2 shall operate in this state except in accordance with the provisions of this part 2. (2) No provider of services regulated in this part 2 shall operate within this state without first having obtained from the commission a certi…

(1) to (5) Repealed. (6) (a) Upon its own motion or application of a provider of telecommunications service regulated under this part 2, the commission may, in lieu of reclassification of a service under section 40-15-207, examine whether it should refrain from regulation and may…

The commission, with due consideration of the public interest, quality of service, financial condition, and just and reasonable rates, shall grant regulatory treatment that is less comprehensive than otherwise provided for under this article to rural telecommunications providers …

Any certificate of public convenience and necessity issued pursuant to this part 2 may be sold, assigned, leased, encumbered, or transferred as other property only upon authorization by the commission. Source: L. 87: Entire article R&RE, p. 1483, § 1, effective July 2.

Violations of this part 2 by a telecommunications provider are subject to enforcement and penalties as provided in article 7 of this title. Source: L. 87: Entire article R&RE, p. 1483, § 1, effective July 2.

(1) (a) Notwithstanding any other provision of this title, upon its own motion or upon application by any person, the commission shall regulate, pursuant to part 3 of this article, specific telecommunications services regulated under this part 2 upon a finding that there is effec…

(1) (Deleted by amendment, L. 2008, p. 1703, § 3, effective June 2, 2008.) (2) (a) (I) The commission is hereby authorized to establish a mechanism for the support of universal service, also referred to in this section as the "high cost support mechanism", which must operate in a…

(1) Except as provided in subsection (3) of this section, an internet service provider that is otherwise eligible to receive money through a grant from the Colorado broadband office pursuant to section 24-37.5-905 or through any state fund established to help finance broadband de…

(1) The commission shall regulate the terms and conditions, including rates and charges, under which telecommunications service pursuant to this part 3 is offered and provided to customers exclusively in accordance with the provisions of sections 40-4-101 (1), 40-4-111, 40-4-112,…

(1) (a) The commission shall promulgate rules as may be appropriate to regulate services and products provided pursuant to this part 3. In promulgating such rules, the commission shall consider such alternatives to traditional rate of return regulations as flexible pricing, detar…

(1) Interexchange providers shall register with the commission in a form satisfactory to the commission. A registration must include, at a minimum, the following information updated within fifteen days after any change: (a) The interexchange provider's name and complete address; …

Any certificate of public convenience and necessity issued pursuant to this part 3 may be sold, assigned, leased, encumbered, or transferred as other property only upon authorization by the commission. Source: L. 87: Entire article R&RE, p. 1485, § 1, effective July 2.

Violations of this part 3 by a telecommunications provider are subject to enforcement and penalties as provided in article 7 of this title. Source: L. 87: Entire article R&RE, p. 1485, § 1, effective July 2.

(1) (a) Notwithstanding any other provision of this title, upon its own motion or upon application by any person, the commission shall deregulate, pursuant to part 4 of this article, specific telecommunications services subject to this part 3 upon a finding that there is effectiv…

Switched access shall not be deregulated pursuant to section 40-15-305 prior to the enactment of enabling legislation authorizing such deregulation. Source: L. 87: Entire article R&RE, p. 1487, § 1, effective July 2.

(1) The following products, services, and providers are exempt from regulation under this article 15 or under the "Public Utilities Law" of the state of Colorado: (a) Cable services as defined by section 602 (5) of the federal "Cable Communications Policy Act of 1984"; (b) Basic …

(1) Nothing in articles 1 to 7 of this title 40 or parts 2 and 3 of this article 15 applies to deregulated services and products pursuant to this part 4; except that the filing fees set administratively by the commission pursuant to section 40-2-113 (4) apply to deregulated servi…

Any telecommunications service or product deregulated pursuant to this part 4 may be reregulated by action of the general assembly. Source: L. 87: Entire article R&RE, p. 1488, § 1, effective July 2.

In the event of a dispute between providers of telecommunications services or products deregulated pursuant to this part 4 concerning the terms, conditions, quality, or compensation for the interconnection or access of lines or facilities between providers, any such provider may …

(1) The general assembly hereby finds, determines, and declares that competition in the market for basic local exchange service will increase the choices available to customers and reduce the costs of such service. Accordingly, it is the policy of the state of Colorado to encoura…

(1) Competitive local exchange market. Local exchange telecommunications markets shall be open to competition, under conditions determined by the commission by rule pursuant to this part 5, on or before July 1, 1996. (2) Basic service. Basic service is the availability of high qu…

(1) Repealed. (2) (a) and (b) Repealed. (c) (I) The commission shall consider changing to forms of price regulation other than rate-of-return regulation for any telecommunications provider that provides services regulated under part 2 or 3 of this article and shall consider the c…

(1) The commission may require regulated telecommunications service providers to post a bond or provide other security as a condition of obtaining a certificate, registration, or operating authority, whichever instrument or instruments apply. In setting the amount of the bond or …

Any certificate of public convenience and necessity to provide local exchange service may be sold, assigned, leased, encumbered, or transferred as other property only upon authorization by the commission. Source: L. 95: Entire part added, p. 755, § 1, effective May 24.

Violations of this part 5 by a telecommunications provider are subject to enforcement and penalties as provided in article 7 of this title. Source: L. 95: Entire part added, p. 755, § 1, effective May 24.

As used in this part 6, unless the context otherwise requires: (1) "Attached facility" means a broadband facility, as defined in section 38-5.5-102 (2), or a broadband network or any portion of a broadband network, in each case located substantially: (a) Aboveground and attached …

(1) With regard to real property subject to an electric easement, if an electric utility, or any commercial broadband supplier designated by the electric utility to act on its behalf, complies with the notice and filing requirements set forth in subsection (2) of this section, th…

(1) (a) No claim or cause of action against an electric utility or a commercial broadband supplier concerning the electric utility's or commercial broadband supplier's exercise of rights under this part 6 or any actions that the electric utility or commercial broadband supplier t…

(1) An electric utility that exercises any rights under section 40-15-602 (1)(a) or (1)(b) for the provision of commercial broadband service shall: (a) Not discriminate among commercial broadband suppliers, including broadband affiliates, in offering or granting rights to install…