C.R.S. Section 40-15-305
Time period for consideration of deregulation of emerging competitive telecommunications service

(1)

Intentionally left blank —Ed.

(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:

(I)

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

(II)

The number of other entities offering similar services;

(III)

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

(IV)

The ability of any provider of such telecommunications service to affect prices or deter competition;

(V)

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

(c)

The commission shall approve or deny any such application for deregulation within one 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.

(d)

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: Section 40-15-305 — Time period for consideration of deregulation of emerging competitive telecommunications service, 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

§ 40-15-305’s source at colorado​.gov