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Colorado Statutes, Title 40

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Title 40, Utilities

0 chapters · 538 sections in this title.

All chapters in Title 40538 Ch 10.181 Ch 255 Ch 1543 Ch 2030 Ch 9.529 Ch 3.226 Ch 325 Ch 624 Ch 719 Ch 4116 Ch 2715 Ch 8.715 Ch 414 Ch 910

538 sections·Filtered byTitle 40✕

Colo. Rev. Stat. § 40-7-117 Gas pipeline safety rules - civil penalty for violations - other remedies - rules
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(1) Any person violating any rule adopted or order issued by the commission pursuant to the authority granted in section 40-2-115 (1)(c), (1)(d), or (1)(e) is subject to a civil penalty of up to two hundred thousand dollars per violation; except that, in the case of a group or se…
Colo. Rev. Stat. § 40-7-118 Legal services offset fund - creation - exemption from maximum reserve
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(1) (a) The legal services offset fund is created in the state treasury. The fund consists of the civil penalties that are collected and credited to the fund pursuant to section 40-7-112 (1)(b) for violations of article 10.1 of this title 40 or commission rules adopted pursuant t…
Colo. Rev. Stat. § 40-8-101 Undistributed overcharges turned over to municipality
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(1) Except as provided in subsection (2) of this section, in all cases where there has been an overcharge by a public utility for any commodity or service on account of which rights to refunds have accrued to any municipality or the inhabitants thereof by reason of services or co…
Colo. Rev. Stat. § 40-8-102 Undistributed balance to county commissioners - when

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Subject to the provisions of section 40-8-101, in all cases where rights to refunds from a similar overcharge have accrued to the inhabitants of any county, outside of a municipality therein, the undistributed balance shall be turned over to the county commissioners of such count…

Colo. Rev. Stat. § 40-8-103 Due and payable by escheat

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The payment to such municipality or county, as set forth in sections 40-8-101 and 40-8-102, shall become due and payable by escheat, where not otherwise due and payable by operation of law. Source: L. 47: p. 704, § 3. CSA: C. 137, § 71. CRS 53: § 115-8-3. C.R.S. 1963: § 115-8-3.

Colo. Rev. Stat. § 40-8-104 Municipality or county liable for three years

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The municipality or county receiving such moneys shall be liable therefor for three years from the date when received and shall pay them out to any person entitled thereto proving his claim through court action or in any other method satisfactory to the municipality or county. At…

Colo. Rev. Stat. § 40-8-105 Authority of commission unaffected

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Except as provided in section 40-8-101 (2), nothing in this article shall affect the authority of the public utilities commission, as otherwise provided by law, to determine the manner in which overcharges by a public utility shall be returned to the customers of that utility. So…

Colo. Rev. Stat. § 40-9-101 Application of sections

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Sections 40-9-101 to 40-9-110 apply to any common carrier engaged in the transportation of passengers or property by railroad from one point within the state to any other point within the state. These sections do not apply to the ownership or operation of street transportation pu…

Colo. Rev. Stat. § 40-9-102 Definitions

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As used in sections 40-9-101 to 40-9-105, unless the context otherwise requires: (1) "Common carriers" also includes express companies, private freight car lines, and pipe lines. (2) "Railroad" includes all bridges used or operated in connection with any railroad; all the roads i…

Colo. Rev. Stat. § 40-9-103 Liability for damages

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(1) In case any common carrier subject to the provisions of sections 40-9-101 to 40-9-105 does, causes, or permits any act, matter, or thing prohibited or declared to be unlawful in said sections or omits any act, matter, or thing required to be done in said sections such common …

Colo. Rev. Stat. § 40-9-104 Violation - penalty

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Any common carrier subject to the provisions of sections 40-9-101 to 40-9-105, or, whenever such common carrier is a corporation, any director or officer thereof or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, or any shipper, consign…

Colo. Rev. Stat. § 40-9-105 Diligence in transporting - penalty for failure

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(1) It is the duty of every common carrier to transport all shipments between points in this state with the utmost diligence and to move perishable products toward their destination continuously without unnecessary delays or longer stops than regular stops at stations or stops fo…

Colo. Rev. Stat. § 40-9-106 Transportation of livestock - not less than ten miles per hour

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Every common carrier in this state must transport livestock from the initial point of shipment in this state to the point of destination in this state at an average rate of speed of not less than ten miles an hour and within such time, from the hour of loading at the initial poin…

Colo. Rev. Stat. § 40-9-107 Damages for failure to comply

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For failure of any common carrier to transport any such shipment within the time required by section 40-9-106, the common carrier issuing the receipt or bill of lading shall pay to the owner, consignee, or other interested party whose interest may appear such actual damages as th…

Colo. Rev. Stat. § 40-9-108 Accidents - notice - investigation

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(1) Every railroad, whenever an accident attended by bodily injury or loss of human life occurs in this state on its line of road or on its ground or in its yards, shall give immediate written notice thereof to the public utilities commission. In the event of any such accident, t…

Colo. Rev. Stat. § 40-9-109 Transportation of service animals accompanying individuals with disabilities

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When an individual with a disability is accompanied by a service animal or an animal that is being trained as a service animal, as defined in section 24-34-301, C.R.S., for such individual with a disability, neither the individual with a disability nor the service animal shall be…

Colo. Rev. Stat. § 40-9-110 Railroad freight transport - number of crew members required - penalty - legislative declaration - definitions

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(1) The general assembly hereby finds, determines, and declares that it is in the public interest to require that a common carrier engaged in the transportation of freight by railroad have multiple crew members aboard a railroad train or light engine in order to help ensure the p…

Colo. Rev. Stat. § 40-1.1-101 Legislative declaration

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In order to promote improved transportation for the elderly, for persons with disabilities, and for the residents of rural areas and small towns through an expanded and coordinated transportation network, the general assembly hereby declares it to be the policy of the state to le…

Colo. Rev. Stat. § 40-1.1-102 Definitions

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As used in this article, unless the context otherwise requires: (1) "Charitable organization" means any charitable unit primarily supported by private donation and not for profit, including but not limited to churches, civic groups, clubs, scout troops, or the American red cross.…

Colo. Rev. Stat. § 40-1.1-103 Classification of transportation

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People service transportation and volunteer transportation, as defined in section 40-1.1-102, shall be classified as such for purposes of regulation, insurance, and general administration. Source: L. 81: Entire article added, p. 1908, § 1, effective July 1.

Colo. Rev. Stat. § 40-1.1-104 Inapplicable laws and regulations

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(1) People service transportation and volunteer transportation shall not be considered transportation for compensation, commercial transportation, or any form of carrier. Thus, the following laws and regulations do not apply to motor vehicles while being used for the purpose of p…

Colo. Rev. Stat. § 40-1.1-105 Insurance for volunteers

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People service agencies of the state or any political subdivision thereof are authorized to purchase insurance to cover volunteers when they provide volunteer transportation. Source: L. 81: Entire article added, p. 1908, § 1, effective July 1.

Colo. Rev. Stat. § 40-1.1-106 Safety and insurance regulation

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(1) The provisions of parts 2, 3, and 5 of article 4 of title 42, C.R.S., shall be applicable to motor vehicles used in people service transportation or volunteer transportation. (2) Before a motor vehicle designed to transport more than sixteen passengers and used in people serv…

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 telecom…

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. § 40-15-107 Powers of commission - inspection of books and documents - confidentiality of information obtained through audit

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(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…

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.

Colo. Rev. Stat. § 40-15-111 Regulation of the discontinuation or rearrangement of basic local exchange service - measured or message rate service not required

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(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…

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. § 40-15-203.5 Simplified regulatory treatment for rural telecommunications providers

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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 …

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.

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.

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. § 40-15-208 High cost support mechanism - Colorado high cost administration fund - creation - purpose - operation - rules - report

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(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…

Colo. Rev. Stat. § 40-15-209 Net neutrality conditions for internet service providers to receive high cost support mechanism money - definitions

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(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…

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.

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.