C.R.S. Section 40-15-302
Manner of regulation

  • rules

(1)

Intentionally left blank —Ed.

(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, detariffing, and other such manner and methods of regulation as are deemed consistent with the general assembly’s expression of intent pursuant to section 40-15-101. If a provider applies for and receives commission approval of an alternative form of regulation, or if a provider is a rural telecommunications provider subject to simplified regulatory treatment under section 40-15-203.5 or 40-15-503 (2)(d), the commission shall not consider the provider’s overall rate of return or overall revenue requirements when determining the just and reasonable rate for a particular product or service. A local exchange provider that does not elect an alternative form of regulation and that is subject to rate of return regulation shall furnish such rate of return information as requested by the commission.

(b)

Intentionally left blank —Ed.

(I)

For a rural telecommunications provider subject to simplified regulatory treatment under section 40-15-203.5 or 40-15-503 (2)(d), price ceilings shall be established for all products and services regulated under this part 3 as follows:

(A)

For switched access service, prices shall not rise above the level in effect on March 31, 1999; except that price ceilings may be adjusted by the commission to conform to its rules concerning the high cost support mechanism established under section 40-15-208 or to conform to any company filing that is subject to the commission’s rate-of-return jurisdiction.

(B)

For all other products and services, price ceilings shall be established by reference to the prices for such products and services in effect under an alternative form of regulation approved by the commission.

(II)

This paragraph (b) shall not be construed to preclude a rural telecommunications provider from electing traditional rate-of-return regulation or requesting price regulation or another alternative form of regulation under part 5 of this article; and the fact of such election or request shall not be considered in connection with a proceeding to adjust prices for products or services offered under any alternative form of regulation.

(2)

The commission shall promulgate rules and regulations for the certification of providers of emerging competitive telecommunications services, but nothing in this part 3 shall require the commission to certificate providers of telecommunications service regulated in this part 3.

(3)

Repealed.

(4)

A provider of telecommunications service holding a certificate of public convenience and necessity to offer or provide services and products regulated pursuant to this part 3 immediately prior to July 2, 1987, shall continue to have such authority without having to make application to the commission for additional or continued authority.

(5)

Repealed.

Source: Section 40-15-302 — Manner of regulation - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

40‑15‑101
Legislative declaration 40‑15‑102
Definitions 40‑15‑103
Application of part 40‑15‑104
Powers of local government 40‑15‑105
Nondiscriminatory access charges 40‑15‑106
Cross-subsidization prohibited - illegal restraint of trade 40‑15‑107
Powers of commission - inspection of books and documents - confidentiality of information obtained through audit 40‑15‑108
Cost methodologies 40‑15‑109
Assurance of interconnections - averaging of rates 40‑15‑110
Provision of regulated and deregulated service 40‑15‑111
Regulation of the discontinuation or rearrangement of basic local exchange service - measured or message rate service not required 40‑15‑112
Unauthorized change of telecommunications provider 40‑15‑113
Unauthorized charge for services 40‑15‑201
Regulation by commission 40‑15‑202
Certificate required 40‑15‑203
Manner of regulation - refraining from regulation 40‑15‑203.5
Simplified regulatory treatment for rural telecommunications providers 40‑15‑204
Transfer of certificate 40‑15‑205
Violations 40‑15‑207
Reclassification of services and products 40‑15‑208
High cost support mechanism - Colorado high cost administration fund - creation - purpose - operation - rules - report - repeal 40‑15‑209
Net neutrality conditions for internet service providers to receive high cost support mechanism money - definitions 40‑15‑301
Regulation by the commission 40‑15‑302
Manner of regulation - rules 40‑15‑302.5
Resellers of toll services - registration required 40‑15‑303
Transfer of certificate 40‑15‑304
Violations 40‑15‑305
Time period for consideration of deregulation of emerging competitive telecommunications service 40‑15‑307
Switched access 40‑15‑401
Services, products, and providers exempt from regulation - definition 40‑15‑402
No regulation by the commission - no certificate required 40‑15‑403
General assembly may reregulate 40‑15‑404
Dispute - interconnection or access 40‑15‑501
Legislative declaration - purpose and scope of part 40‑15‑502
Expressions of state policy 40‑15‑503
Opening of competitive local exchange market - process of negotiation and rule-making - issues to be considered by commission - definition 40‑15‑503.5
Financial assurance - rules 40‑15‑509
Transfer of certificate 40‑15‑510
Violations 40‑15‑601
Definitions 40‑15‑602
Electric easements - commercial broadband service - broadband affiliates - notice required 40‑15‑603
Statute of limitations - damages - limitations on damages 40‑15‑604
Electric utility obligations
Green check means up to date. Up to date

Current through Fall 2024

§ 40-15-302’s source at colorado​.gov