2020 Colorado Revised Statutes
Title 40 - Utilities
Article 15. Intrastate Telecommunications Services
Section 40-15-302.5. Resellers of toll services - registration required.

(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:

1. The interexchange provider's name and complete address;

2. All names under which the interexchange provider does business;

3. All names and identification numbers under which the interexchange provider hasregistered with the Colorado secretary of state or the Colorado department of revenue;

4. The name, title, address, and telephone number of an authorized representative towhom the commission may make inquiries; and

5. A toll-free telephone number to which consumer inquiries or complaints may bemade.

2. An interexchange provider that registers in accordance with subsection (1) of thissection is exempt from regulation by the commission except as otherwise provided in this section.

3. For the purpose of enforcing section 40-15-112, the commission may exercise any ofthe powers conferred under articles 1 to 7 of this title against an interexchange provider and, in cases of complaints filed under section 40-6-108, may order an interexchange provider to make due reparations to the complaining party.

4. Pursuant to section 24-50-504 (2)(a), C.R.S., the commission shall enter into personal services contracts that create an independent contractor relationship for the administration of this section and section 40-15-112.

Source: L. 98: Entire section added, p. 844, § 2, effective May 26. L. 2004: (4) amended, p. 1703, § 48, effective July 1, 2005. L. 2014: IP(1), (1)(a), (1)(b), (1)(c), (2), and (3) amended, (HB 14-1330), ch. 151, p. 518, § 4, effective May 9.

303. Transfer of certificate. 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 note: This section is similar to former § 40-15-106 as it existed prior to 1987.

304. Violations. 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 existed prior to 1987.

305. Time period for consideration of deregulation of emerging competitivetelecommunications service. (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 effective competition in the relevant market for such service and that such deregulation will promote the public interest and the provision of adequate and reliable service at just and reasonable rates.

(b) In determining whether effective competition for a specific telecommunications service exists, the commission shall make findings, after notice and opportunity for hearing, and shall issue an order based upon consideration of the following factors as the commission deems applicable in particular cases:

1. The extent of economic, technological, or other barriers to market entry and exit;

2. The number of other entities offering similar services;

3. The ability of consumers to obtain the service from other providers at reasonableand comparable rates, on comparable terms, and under comparable conditions;

4. The ability of any provider of such telecommunications service to affect prices ordeter competition;

5. Such other relevant and necessary factors, including but not limited to relevant geographic areas, as the commission deems appropriate.

3. The commission shall approve or deny any such application for deregulation withinone hundred eighty days after the filing of the application; except that the commission may, by order, defer the period within which it must act for one additional period of ninety days upon a finding that the proceeding cannot be completed within one hundred eighty days and that the additional time period is necessary for the commission to adequately and completely fulfill its duty under this subsection (1). If the commission has not acted on any such application within the appropriate time period permitted, the application shall be deemed granted.

4. In determining geographic areas under paragraph (b) of this subsection (1), the commission shall not be unduly restrictive.

(2) Any telecommunications service or product not defined in part 1 of this article or not already classified pursuant to parts 2 to 4 of this article shall be classified as an emerging competitive telecommunications service under this part 3.

Source: L. 87: Entire article R&RE, p. 1486, § 1, effective July 2. L. 2014: (1)(b)(II) amended, (HB 14-1330), ch. 151, p. 519, § 5, effective May 9.

Editor's note: This section is similar to former § 40-15-110 as it existed prior to 1987.

306. IntraLATA interexchange services. (Repealed)

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.

307. Switched access. 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.

308. Private line services. (Repealed)

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.