Colorado § 40-15-401 - Services, products, and providers exempt from regulation - definition.

§ 40-15-401. Services, products, and providers exempt from regulation - definition.

(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 service; except that:

(I) The high cost support mechanism, as described in sections 40-15-208 and 40-15-502, remains effective to support basic service regardless of the classification of basic service or voice-over-internet protocol service in this part 4;

(II) (A) Until July 1, 2016, each incumbent local exchange carrier shall charge a uniform price for basic service throughout its service territory; except that an incumbent local exchange carrier shall not charge a price for basic service that is more than the price that the carrier charged on December 31, 2013, unless the price charged is lower than the urban rate floor prescribed by the federal communications commission. If a carrier charges less than the urban rate floor, the carrier may increase the price to equal but not exceed the urban rate floor; except that, if the commission orders reductions in intercarrier compensation rates, an incumbent local exchange carrier may increase local rates to recover some or all of the lost revenues associated with the commission's action.

(B) As used in this subparagraph (II), "urban rate floor" means the basic local exchange service rate required to be charged in order to prevent a reduction in federal high cost support.

(III) Until July 1, 2016, each incumbent local exchange carrier remains subject to any obligations as provider of last resort, as established by the commission under section 40-15-502 (6), throughout its service territory;

(IV) On and after July 1, 2016, throughout each geographic area for which the commission provides high cost support mechanism distributions for basic service under sections 40-15-208 and 40-15-502 (5), the commission retains the authority to:

(A) Designate providers of last resort under section 40-15-502 (6);

(B) Determine a maximum price for basic service under section 40-15-502 (3)(b);

(C) Prohibit providers from discontinuing basic service, notwithstanding section 40-15-111; and

(D) Audit, investigate, and enforce compliance with regulation permitted in this section and sections 40-15-208 and 40-15-502 (5);

(V) Providers of basic service remain subject to the following fees and surcharges:

(A) High cost support mechanism assessments calculated under section 40-15-502 (5)(a);

(B) Emergency service surcharges assessed under part 1 of article 11 of title 29, C.R.S., to support 911 service; and

(C) Telecommunications relay service charges assessed under article 17 of this title; and

(VI) If, after July 1, 2018, the commission finds that re-regulation of basic local exchange service is necessary to protect the public interest following a hearing and upon findings of fact and conclusions of law, the commission may regulate basic local exchange service under part 3 of this article.

(c) Commercial mobile radio services;

(d) Repealed.

(e) New products and services other than those included in the definition of basic local exchange service;

(f) Centron and centron-like services;

(g) Special arrangements;

(h) Special assemblies;

(i) Information services;

(j) Optional operator services;

(k) Advanced features;

(l) Special access;

(m) Public coin telephone service;

(n) Retail digital private line service;

(o) Retail private line service with a capacity of at least twenty-four voice grade circuits;

(p) Retail directory assistance;

(p.5) Private telecommunications networks;

(q) Internet-protocol-enabled services;

(r) Voice-over-internet protocol service;

(s) InterLATA toll, except with respect to interexchange provider registration under section 40-15-302.5, complaints of unauthorized charges on a subscriber's bill, or complaints of changing a subscriber's service without the subscriber's consent;

(t) IntraLATA toll, except with respect to interexchange provider registration under section 40-15-302.5, complaints of unauthorized charges on a subscriber's bill, or complaints of changing a subscriber's service without the subscriber's consent; and

(u) Nonoptional operator services.

(2) Nothing in this section affects, modifies, or expands:

(a) An entity's obligations under sections 251 and 252 of the federal "Communications Act of 1934", as amended, and codified in 47 U.S.C. secs. 251 and 252;

(b) Any commission authority over wholesale telecommunications rates, services, agreements, providers, or tariffs;

(c) Any commission authority addressing or affecting the resolution of disputes regarding intercarrier compensation; or

(d) The requirements for the receipt of state or federal financial assistance through a high cost support mechanism.

(3) If a telecommunications service or product is not defined in part 1 of this article and is not classified under part 2 or 3 of this article, the telecommunications service or product is classified as a deregulated telecommunications service under this part 4.

(4) Nothing in this part 4 shall be construed to affect, modify, limit, or expand the commission's authority to regulate basic emergency service.

(5) This section does not affect the establishment or enforcement of standards, requirements, procedures, or procurement policies, applicable to any department, agency, commission, or political subdivision of the state, or to the employees, agents, or contractors of a department, agency, commission, or political subdivision of the state, relating to the protection of intellectual property.

Source: L. 87: Entire article R&RE, p. 1487, § 1, effective July 2. L. 93: (1)(e) amended, p. 2082, § 54, effective July 1. L. 94: (1)(j) amended, p. 1064, § 5, effective May 4. L. 99: (1)(e) amended and (1)(m) added, p. 187, § 6, effective March 31. L. 2000: (1) amended, p. 419, § 5, effective April 14. L. 2008: (1)(a) amended, p. 1915, § 133, effective August 5. L. 2014: (1)(b) amended and (1)(p.5), (2), (3), (4), and (5) added, (HB 14-1331), ch. 152, p. 527, § 9, effective May 9; (1)(c), (1)(i), (1)(k), and (1)(p) amended, (1)(d) repealed, and (1)(q), (1)(r), (1)(s), (1)(t), (2), (3), (4), and (5) added, (HB 14-1329), ch. 150, p. 514, § 3, effective May 9. L. 2019: IP(1), (1)(s), and (1)(t) amended and (1)(u) added, (SB 19-236), ch. 359, p. 3316, § 23, effective May 30. L. 2021: (1)(s) and (1)(t) amended, (SB 21-266), ch. 423, p. 2806, § 40, effective July 2.

Editor's note: Section 602(5) of the federal "Cable Communications Policy Act of 1984" referenced in subsection (1)(a) was repealed October 25, 1994. For the "Cable Communications Policy Act of 1984", see Pub.L. 98-549.

Cross references: For the "Public Utilities Law", see articles 1 to 7 of this title.