Title 40, Utilities
0 chapters · 273 sections in this title.
Colo. Rev. Stat. § 40-15-101 Legislative declaration
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The general assembly hereby finds, determines, and declares that it is the policy of the state of Colorado to promote a competitive telecommunications marketplace while protecting and maintaining the wide availability of high-quality telecommunications services. Such goals are be…
Colo. Rev. Stat. § 40-15-102 Definitions
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As used in this article 15, unless the context otherwise requires: (1) Repealed. (2) Advanced features means custom calling features known as speed dialing, 3-way calling, call forwarding, and call waiting. (3) Basic local exchange service or basic service means the telecommunica…
Colo. Rev. Stat. § 40-15-103 Application of part
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The provisions of this part 1 shall apply throughout this article, unless specifically otherwise stated. Source: L. 87: Entire article R&RE, p. 1479, � 1, effective July 2.
Colo. Rev. Stat. § 40-15-104 Powers of local government
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Nothing in this article shall be construed to supersede any existing powers of a local government. Source: L. 87: Entire article R&RE, p. 1479, � 1, effective July 2.
Colo. Rev. Stat. § 40-15-105 Nondiscriminatory access charges
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(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…
Colo. Rev. Stat. § 40-15-106 Cross-subsidization prohibited - illegal restraint of trade
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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…
Colo. Rev. Stat. § 40-15-108 Cost methodologies
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(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. (…
Colo. Rev. Stat. § 40-15-109 Assurance of interconnections - averaging of rates
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(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…
Colo. Rev. Stat. § 40-15-110 Provision of regulated and deregulated service
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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. 40-15-111. Regulation of the discontinuation or rearrangement o…
Colo. Rev. Stat. § 40-15-112 Unauthorized change of telecommunications provider
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(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…
Colo. Rev. Stat. § 40-15-113 Unauthorized charge for services
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(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 …
Colo. Rev. Stat. § 40-15-201 Regulation by commission
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(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…
Colo. Rev. Stat. § 40-15-202 Certificate required
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(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…
Colo. Rev. Stat. § 40-15-203 Manner of regulation - refraining from regulation
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(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…
Colo. Rev. Stat. § 40-15-204 Transfer of certificate
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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. Editor's n…
Colo. Rev. Stat. § 40-15-205 Violations
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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. Editor's note: This section is similar to former � 40-15-109 as it exist…
Colo. Rev. Stat. § 40-15-207 Reclassification of services and products
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(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…
Colo. Rev. Stat. § 40-15-301 Regulation by the commission
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(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,…
Colo. Rev. Stat. § 40-15-302 Manner of regulation - rules
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(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…
Colo. Rev. Stat. § 40-15-302.5 Resellers of toll services - registration required
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(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; …
Colo. Rev. Stat. § 40-15-303 Transfer of certificate
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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. Editor's n…
Colo. Rev. Stat. § 40-15-304 Violations
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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. Editor's note: This section is similar to former � 40-15-109 as it exist…
Colo. Rev. Stat. § 40-15-306 IntraLATA interexchange services. (Repealed)
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Source: L. 87: Entire article R&RE, p. 1486, � 1, effective July 2. L. 2014: Entire section repealed, (HB 14-1331), ch. 152, p. 527, � 8, effective May 9.
Colo. Rev. Stat. § 40-15-307 Switched access
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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.
Colo. Rev. Stat. § 40-15-308 Private line services. (Repealed)
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Source: L. 87: Entire article R&RE, p. 1487, � 1, effective July 2. L. 93: Entire section amended, p. 2081, � 53, effective July 1. L. 2000: Entire section repealed, p. 419, � 4, effective April 14.
Colo. Rev. Stat. § 40-15-402 No regulation by the commission - no certificate required
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(1) Nothing in articles 1 to 7 of this title or parts 2 and 3 of this article shall apply to deregulated services and products pursuant to this part 4. (2) No certificate of public convenience and necessity shall be required for the provision of services under this part 4. (3) Th…
Colo. Rev. Stat. § 40-15-403 General assembly may reregulate
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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.
Colo. Rev. Stat. § 40-15-404 Dispute - interconnection or access
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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 …
Colo. Rev. Stat. § 40-15-501 Legislative declaration - purpose and scope of part
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(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…
Colo. Rev. Stat. § 40-15-502 Expressions of state policy
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(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…
Colo. Rev. Stat. § 40-15-503.5 Financial assurance - rules
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(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 …
Colo. Rev. Stat. § 40-15-508 Local exchange administration fund - repeal. (Repealed)
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Source: L. 95: Entire part added, p. 755, � 1, effective May 24. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1999. (See L. 95, p. 755.)
Colo. Rev. Stat. § 40-15-509 Transfer of certificate
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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. 40-15-509.…
Colo. Rev. Stat. § 40-15-510 Violations
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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.
Colo. Rev. Stat. § 40-15-601 Definitions
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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 to…
Colo. Rev. Stat. § 40-15-603 Statute of limitations - damages - limitations on damages
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(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…
Colo. Rev. Stat. § 40-15-604 Electric utility obligations
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(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…