Title 40, Utilities

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(1) Repealed. (2) (a) and (b) Repealed.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…

As used in this article 17, unless the context otherwise requires: (1) "Commission" means the public utilities commission created in section 40-2-101. (2) "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction. (3) "Department"…

(1) The commission shall collect, on behalf of the communication services for people with disabilities enterprise, the telephone disability access surcharge to fund the enterprise. The commission shall collaborate with the enterprise to establish the amount of the surcharge once …

(1) Every service supplier shall collect the telephone disability access surcharge from its service users. (2) A service supplier is liable only for the surcharge collected pursuant to this article 17 until the surcharge is remitted to the commission. The amount remitted by the s…

(1) (a) On and after January 1, 2026, every seller shall collect, on behalf of the enterprise, the prepaid telephone disability access charge from the consumer on each retail transaction occurring in the state. The amount of the prepaid telephone disability access charge shall be…

As used in this article 18, unless the context otherwise requires: (1) Repealed. (2) "Commission" means the public utilities commission of the state of Colorado. (2.4) "Program standard" means a state safety oversight program standard developed by the commission in conformance wi…

The commission is authorized to establish an oversight program for the safety and security of rail fixed guideway public transportation systems in accordance with 49 U.S.C. sec. 5329. Source: L. 97: Entire article added, p. 931, § 1, effective August 6. L. 2013: Entire section am…

(1) The commission shall adopt rules as are necessary to: (a) Require, review, approve, and monitor the creation and implementation of a public transportation agency safety plan for each rail fixed guideway public transportation system operating in Colorado; (b) Investigate hazar…

The commission may adopt rules making ongoing investigations, as described in section 24-72-204 (2)(a)(IX), or security information, as described in section 24-72-204 (2)(a)(VIII), confidential. If the commission adopts the confidentiality rules, the rules must not make final rep…

(1) Any number of persons, not less than five, may associate to form a company for the purpose of constructing and operating a railroad. (2) The certificate of incorporation, in addition to the matter otherwise required, shall specify as follows: (a) The places from and to which …

(1) Every such corporation, in addition to the powers conferred in articles 101 to 117 of title 7, C.R.S., has the power: (a) To lay out its road, not exceeding two hundred feet in width, and to construct the same; and for the purpose of cuttings and embankments to take as much m…

(1) Any railroad company having located its line of road, whether the same is completed or not, may make a new location of its line and may acquire the right-of-way for such new line in the same manner as is now provided for acquiring the right-of-way by the statutes of Colorado;…

It is lawful for any railroad company organized, existing, or doing business in the state of Colorado under the laws of the state of Colorado, upon good consideration, to guarantee the payment of any mortgage, mortgage bonds, or interest coupons of any other railroad connecting w…

If any railway corporation, within two years after its articles of association have been filed and recorded, does not begin the construction of its road and expend thereon twenty percent of the amount of its capital within five years after the date of its organization, its corpor…

At any meeting of the stockholders of any railroad corporation formed under the laws of this state for the election of directors, managers, or trustees, the stockholders may classify the directors in three equal classes, as near as may be, one of which classes shall hold office f…

At all general meetings of the stockholders, those holding a majority in the value of the stock of any such corporation may fix the rates of interest which shall be paid by the corporation for loans for the construction of such railway and its appendages and the amount of such lo…

Any railroad company owning or operating, or formed to own or operate, a line of railroad in this state may lease or purchase other lines of railroad within or without this state which shall connect with the road operated or to be operated by such company, directly or by means of…

No person or corporation shall be required to obtain or pay any town, city, county, or state license or tax within the state of Colorado by reason of furnishing or serving to passengers upon any railroad train meals, luncheons, or refreshments in any hotel car, dining car, or buf…

In any written contract for the sale of railroad equipment or rolling stock, deliverable immediately or subsequently, at stipulated periods, by the terms of which the purchase money, in whole or in part, is to be paid in the future, it may be agreed that the title to the property…

In any written contract for the leasing or renting of railroad equipment or rolling stock, it is lawful to stipulate for a conditional sale thereof at the termination of such lease and to stipulate that the rentals received, as paid or when paid in full, may be applied and treate…

(1) Every such contract, specified in sections 40-20-110 and 40-20-111, shall be good, valid, and effectual, both in law and equity, against all purchasers and creditors, provided: (a) The contract is acknowledged by the vendee or lessee before some officer authorized by law to t…

The acknowledgments of such contracts may be made in the form required as to conveyances of real estate. Source: L. 1885: p. 303, § 5. R.S. 08: § 5527. C.L. § 2910. CSA: C. 139, § 96. CRS 53: § 116-1-13. C.R.S. 1963: § 116-1-13.

No such corporation shall be formed to continue more than fifty years in the first instance, but such corporation may be renewed from time to time, in such manner as may be provided by law, for periods not longer than fifty years. Source: G.L. § 299. G.S. § 334. R.S. 08: § 5419. …

(1) The general assembly finds, determines, and declares that: (a) Railroad transportation is a critical component of Colorado's economy and provides efficient and cost-effective movement of goods across the state and beyond; (b) Protecting Colorado's residents, ecosystems, and i…

As used in this part 3, unless the context otherwise requires: (1) "Accident" has the meaning set forth in 49 CFR 225.5. (2) "Class I railroad" has the meaning set forth in 49 U.S.C. sec. 20102 (1). (3) "Class II railroad" has the meaning set forth in 49 U.S.C. sec. 20102 (1). (4…

(1) On or before January 1, 2025, and on or before January 1 of each year thereafter, a railroad operating any main line in the state shall submit to the public utilities commission a public report that discloses, at a minimum, the following information: (a) An overview of the ty…

(1) State emergency response authorities may recommend actions necessary to protect railroads, rail workers, and public safety in the event of an emergency such as wildfire, flood, earth movement, or civil disorder, including stopping or rerouting rail traffic if deemed necessary…

(1) (a) A railroad operating in Colorado that accommodates high-hazard flammable trains or high-hazard, high-consequence hazardous material shall coordinate with the department of public safety regarding emergency response and spill response capacity and planning. The railroad an…

(1) Within thirty minutes after discovering an emergency involving a train, unless communication is impossible, the railroad operating the train shall notify the state's watch center in the department of public safety of the emergency by telephone or another agreed-upon method of…

(1) A crew member of a train operated by a railroad in the state may report to the crew member's designated union representative: (a) A violation of any of the safety requirements specified in this part 3; (b) An injury the crew member or another crew member sustained while opera…

(1) If a railroad or any officer, agent, or employee of the railroad violates section 40-20-303, the public utilities commission may impose a fine of not less than ten thousand dollars but not more than twenty-five thousand dollars on the railroad. Each day of a continuing violat…

(1) Money credited or transferred to the state highway fund pursuant to sections 40-20-308 (3) and 40-20-309 (4) must be expended by the transit and rail division in the department of transportation for the purposes of: (a) Safety planning and development during the research, dev…

(1) On or before July 1, 2025, and at least once every three years thereafter, each railroad shall offer training to each fire department and other first responder organization having jurisdiction along tracks upon which the railroad operates in the state. In satisfying this requ…

(1) The office of rail safety is created with the mission of ensuring freight, passenger, community, and environmental rail safety in the state for the state's unique and delicate terrain, its headwaters, its communities, and its rail workers. The commission shall administer the …

(1) (a) Beginning on July 1, 2027, and subject to the deadlines described in subsection (3)(a) of this section, the following types of railroads shall pay an annual fee to cover the office of rail safety's and the commission's direct and indirect costs of implementing the require…