First Regular Session
Sixty-second General Assembly
LLS NO. 99-0314.01 Duane Gall SENATE BILL 99-110
STATE OF COLORADO
BY SENATOR Feeley;
also REPRESENTATIVE McElhany.
REENGROSSED
BUSINESS AFFAIRS & LABOR
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE REGULATION OF TELECOMMUNICATIONS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates a complaint procedure under which one public utility may
complain against another on any basis on which complaints may be filed
by consumers or other parties. Allows the parties to enter into binding
arbitration.
Allows the public utilities commission (PUC) to assess reasonable
attorney fees against parties in contested hearings. Establishes a
"frivolous and groundless" standard, similar to the existing statutory
standard applicable by courts of law, to govern the award of attorney
fees.
Gives the PUC the authority to assess fines against
telecommunications providers who operate without authority, fail or
refuse to provide service when required to do so, or violate applicable
telecommunications statutes or rules, orders of the PUC, or
interconnection agreements approved under federal law.
Gives the PUC authority to enforce interconnection agreements
between providers who enter into such agreements under federal law.
Allows the PUC to penalize providers who violate the terms of such
agreements, or who fail to honor their statements of generally available
terms for interconnection, by imposing penalties and issuing orders to
remedy violations. Gives persons injured by such violations the right to
seek actual and punitive damages as well as injunctive relief.
Adopts requirements concerning interconnection, transfers of
customer service, access to unbundled network elements, and information
necessary for efficient interconnection, such as technical specifications.
Prohibits a provider from impairing the speed, quality, or efficiency of
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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services, facilities, and unbundled network elements used by other
providers or from discriminating among providers or their affiliates in
regard to interconnection.
Directs the PUC to move away from traditional cost-based or
rate-of-return economic regulation of services that are now so regulated,
such as the provision of basic local exchange telephone service, and to
make a transition to price regulation for all telecommunications services
by July 1, 2001. Requires the PUC to take interim steps, including
setting "price floors" that reflect the total service long-run incremental
cost ("TSLRIC") of providing existing services.
Removes the existing exemption of telecommunications products
and services from coverage under the antitrust and unfair trade practice
statutes.
Prohibits the assessment of certain surcharges on customer bills for
residential basic service.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 40-6-110, Colorado Revised Statutes, is amended
3 to read:
4 40-6-110. Complaint by utility - grounds - expedited process.
5 (1) Any public utility has a right to complain on any grounds upon which
6 complaints are allowed to be filed by other parties, and, the same
7 procedure shall be adopted and followed as in other cases. { } {AT
8 THE REQUEST OF A PUBLIC UTILITY FILING SUCH A COMPLAINT, AND ONLY
9 UPON THE APPROVAL OF THE COMMISSION, SUCH A COMPLAINT MAY BE
10 HEARD AND DECIDED UNDER THE FOLLOWING EXPEDITED PROCESS:}
11 (a) THE COMPLAINT SHALL BE FILED WITH THE COMMISSION, AND
12 A COPY SHALL BE SERVED {NO LATER THAN THE NEXT WORKING DAY} UPON
13 THE PARTY AGAINST WHOM THE COMPLAINT IS MADE.
14 (b) AN ANSWER OR OTHER RESPONSIVE PLEADING TO THE
15 COMPLAINT SHALL BE FILED WITH THE COMMISSION NOT LATER THAN
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1 FOURTEEN DAYS AFTER { } SERVICE OF THE COMPLAINT. COPIES OF THE
2 ANSWER OR RESPONSIVE PLEADING SHALL BE SERVED ON THE
3 COMPLAINANT.
4 (c) DISCOVERY MAY COMMENCE UPON THE FILING OF THE
5 COMPLAINT, AND RESPONSES TO DISCOVERY SHALL BE PROVIDED TO THE
6 REQUESTING PARTY NOT LATER THAN FOURTEEN DAYS AFTER THE DATE OF
7 SERVICE OF THE REQUEST.
8 (d) A PREHEARING CONFERENCE SHALL BE HELD NOT LATER THAN
9 TEN DAYS AFTER THE ANSWER IS FILED.
10 (e) THE COMMISSION SHALL COMMENCE A HEARING ON THE
11 COMPLAINT NOT LATER THAN THIRTY DAYS AFTER THE COMPLAINT IS
12 FILED. PARTIES SHALL BE ENTITLED TO PRESENT EVIDENCE AS PROVIDED
13 BY THE COMMISSION'S RULES.
14 (f) UNLESS THE PARTIES OTHERWISE AGREE, THE COMMISSION
15 SHALL {ISSUE A DECISION CONCERNING} A COMPLAINT NOT LATER THAN
16 SIXTY DAYS AFTER ITS FILING.
17 (2) AT OR BEFORE THE TIME FOR FILING THE ANSWER PURSUANT TO
18 PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, THE PARTIES MAY
19 AGREE TO BINDING ARBITRATION, WHICH SHALL BE CONDUCTED IN
20 ACCORDANCE WITH ARTICLE 22 OF TITLE 13, C.R.S.; EXCEPT THAT:
21 (a) ANY SUCH ARBITRATION SHALL BE CONCLUDED WITHIN SIXTY
22 DAYS AFTER FILING OF THE COMPLAINT; AND
23 (b) A WRITTEN NOTICE OF THE AGREEMENT TO ARBITRATE, SIGNED
24 BY THE PARTIES AND FILED WITH THE COMMISSION, SHALL BE SUFFICIENT
25 TO MEET THE REQUIREMENTS OF SECTION 13-22-203, C.R.S.
26 SECTION 2. Article 6 of title 40, Colorado Revised Statutes, is
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1 amended BY THE ADDITION OF A NEW SECTION to read:
2 40-6-112.5. Attorney fees. (1) SUBJECT TO THE PROVISIONS OF
3 THIS SECTION, IN ANY PROCEEDING UNDER THIS ARTICLE, THE COMMISSION
4 MAY AWARD, AS PART OF ITS DECISION AND IN ADDITION TO ANY COSTS
5 OTHERWISE ASSESSED, REASONABLE ATTORNEY FEES.
6 (2) SUBJECT TO THE PROVISIONS OF THIS SECTION, IN ANY
7 PROCEEDING UNDER THIS ARTICLE, THE COMMISSION SHALL AWARD, BY
8 WAY OF DECISION OR SEPARATE ORDER, REASONABLE ATTORNEY FEES
9 AGAINST ANY ATTORNEY OR PARTY WHO HAS BROUGHT OR DEFENDED A
10 COMPLAINT OR OTHER MATTER REQUIRING ACTION BY THE COMMISSION,
11 EITHER IN WHOLE OR IN PART, THAT THE COMMISSION DETERMINES LACKED
12 SUBSTANTIAL JUSTIFICATION.
13 (3) WHEN THE COMMISSION DETERMINES THAT REASONABLE
14 ATTORNEY FEES SHOULD BE ASSESSED, IT SHALL ALLOCATE THE PAYMENT
15 THEREOF AMONG THE OFFENDING ATTORNEYS AND PARTIES, JOINTLY OR
16 SEVERALLY, AS IT DEEMS MOST JUST, AND MAY CHARGE SUCH AMOUNT, OR
17 PORTION THEREOF, TO ANY OFFENDING ATTORNEY OR PARTY.
18 (4) THE COMMISSION SHALL ASSESS ATTORNEY FEES IF, UPON THE
19 MOTION OF ANY PARTY OR THE COMMISSION ITSELF, IT FINDS THAT AN
20 ATTORNEY OR PARTY BROUGHT OR DEFENDED A COMPLAINT OR OTHER
21 MATTER, OR ANY PART THEREOF, THAT LACKED SUBSTANTIAL
22 JUSTIFICATION OR THAT THE COMPLAINT OR OTHER MATTER, OR ANY PART
23 THEREOF, WAS INTERPOSED FOR DELAY OR HARASSMENT OR IF IT FINDS
24 THAT AN ATTORNEY OR PARTY UNNECESSARILY EXPANDED THE
25 PROCEEDING BY OTHER IMPROPER CONDUCT, INCLUDING, BUT NOT LIMITED
26 TO, THE PROMULGATION OF PLEADINGS, RESPONSES, OR DISCOVERY
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1 REQUESTS THAT LACKED SUBSTANTIAL JUSTIFICATION. AS USED IN THIS
2 SECTION, "LACKED SUBSTANTIAL JUSTIFICATION" MEANS SUBSTANTIALLY
3 FRIVOLOUS, SUBSTANTIALLY GROUNDLESS, OR SUBSTANTIALLY VEXATIOUS
4 AND SHALL BE CONSTRUED IN ACCORDANCE WITH COURT DECISIONS
5 CONSTRUING SECTION 13-17-102, C.R.S.
6 (5) NO ATTORNEY FEES SHALL BE ASSESSED IF, AFTER FILING OF A
7 COMPLAINT OR OTHER PLEADING, A VOLUNTARY DISMISSAL IS FILED AS TO
8 ANY SUCH PLEADING WITHIN A REASONABLE TIME AFTER THE ATTORNEY
9 OR PARTY FILING THE DISMISSAL KNEW, OR REASONABLY SHOULD HAVE
10 KNOWN, THAT HE OR SHE WOULD NOT PREVAIL ON THE MATTER ASSERTED
11 IN THE PLEADING.
12 (6) NO PARTY WHO IS APPEARING WITHOUT AN ATTORNEY SHALL
13 BE ASSESSED ATTORNEY FEES UNLESS THE COMMISSION FINDS THAT THE
14 PARTY CLEARLY KNEW OR REASONABLY SHOULD HAVE KNOWN THAT HIS
15 OR HER COMPLAINT OR OTHER PLEADING OR RESPONSE, OR ANY PART
16 THEREOF, LACKED SUBSTANTIAL JUSTIFICATION; EXCEPT THAT THIS
17 SUBSECTION (6) SHALL NOT APPLY TO SITUATIONS IN WHICH AN ATTORNEY
18 LICENSED TO PRACTICE LAW IN THIS STATE IS APPEARING WITHOUT AN
19 ATTORNEY, IN WHICH CASE, HE OR SHE SHALL BE HELD TO THE STANDARDS
20 ESTABLISHED FOR ATTORNEYS BY OTHER PROVISIONS OF LAW.
21 (7) NO ATTORNEY OR PARTY SHALL BE ASSESSED ATTORNEY FEES
22 AS TO ANY PLEADING OR RESPONSE THAT THE COMMISSION DETERMINES
23 WAS ASSERTED BY SAID ATTORNEY OR PARTY IN A GOOD FAITH ATTEMPT
24 TO ESTABLISH A NEW THEORY OF LAW IN COLORADO.
25 SECTION 3. Article 7 of title 40, Colorado Revised Statutes, is
26 amended BY THE ADDITION OF A NEW SECTION to read:
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1 40-7-118. Telecommunications offenses - civil penalties -
2 attorney fees. (1) IN ADDITION TO ANY OTHER PENALTY AUTHORIZED BY
3 LAW AND EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (2) AND (3) OF
4 THIS SECTION, ANY PERSON SUBJECT TO ARTICLE 15 OF THIS TITLE WHO
5 VIOLATES ANY APPLICABLE PROVISION OF SAID ARTICLE 15 OR ANY RULE
6 ADOPTED BY THE COMMISSION PURSUANT TO SUCH PROVISION MAY BE
7 SUBJECT TO FINES, TO BE ASSESSED DIRECTLY BY THE COMMISSION, AS
8 FOLLOWS:
9 (a) ANY PERSON WHO PROVIDES TELECOMMUNICATIONS SERVICE
10 WITHOUT THE NECESSARY AUTHORIZATION FROM THE COMMISSION,
11 WHETHER IN THE FORM OF A CERTIFICATE OF PUBLIC CONVENIENCE AND
12 NECESSITY OR OTHERWISE, MAY BE ASSESSED A FINE OF NOT MORE THAN
13 TWO THOUSAND DOLLARS FOR EACH VIOLATION.
14 (b) ANY PERSON WHO HOLDS A CERTIFICATE OF PUBLIC
15 CONVENIENCE AND NECESSITY TO PROVIDE, OR IS OTHERWISE AUTHORIZED
16 TO PROVIDE, TELECOMMUNICATIONS SERVICE TO THE PUBLIC AND WHO
17 FAILS OR REFUSES TO PROVIDE SUCH SERVICE WITHOUT LAWFUL
18 JUSTIFICATION MAY BE ASSESSED A FINE OF NOT MORE THAN TWO
19 THOUSAND DOLLARS FOR EACH VIOLATION.
20 (c) ANY PERSON WHO FAILS OR REFUSES TO PAY AN ASSESSMENT
21 DUE AND PAYABLE UNDER SECTION 40-15-502 (4) OR (5) MAY BE ASSESSED
22 A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH
23 VIOLATION.
24 (d) ANY PERSON DESIGNATED AS A PROVIDER OF LAST RESORT
25 UNDER SECTION 40-15-502 (6) AND WHO FAILS OR REFUSES TO CARRY OUT
26 THE RESPONSIBILITIES OF A PERSON SO DESIGNATED MAY BE ASSESSED A
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1 FINE OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.
2 (e) ANY PERSON WHO SELLS A TELECOMMUNICATIONS SERVICE
3 AND WHO FAILS OR REFUSES TO COMPLY WITH AN APPLICABLE TARIFF,
4 PRICE LIST, OR RATE SCHEDULE ON FILE WITH THE COMMISSION
5 PERTAINING TO SUCH SERVICE MAY BE ASSESSED A FINE OF NOT MORE
6 THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.
7 (f) ANY PERSON WHO HOLDS A CERTIFICATE OF PUBLIC
8 CONVENIENCE AND NECESSITY TO PROVIDE, OR IS OTHERWISE AUTHORIZED
9 TO PROVIDE, TELECOMMUNICATIONS SERVICE TO THE PUBLIC AND WHO
10 SELLS, ASSIGNS, LEASES, ENCUMBERS, OR TRANSFERS SUCH CERTIFICATE
11 OR OTHER AUTHORITY WITHOUT PRIOR AUTHORIZATION BY THE
12 COMMISSION PURSUANT TO SECTION 40-5-105 MAY BE ASSESSED A FINE OF
13 NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.
14 (g) ANY PERSON WHO VIOLATES ANY PROVISION OF ARTICLES 1 TO
15 7 OR ARTICLE 15 OF THIS TITLE NOT ENUMERATED IN THIS SUBSECTION (1),
16 OR OF ANY RULE ADOPTED BY THE COMMISSION PURSUANT TO THIS TITLE,
17 MAY BE ASSESSED A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS
18 FOR EACH VIOLATION.
19 (h) ANY PERSON WHO VIOLATES ANY OF THE FOLLOWING MAY BE
20 ASSESSED A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH
21 VIOLATION:
22 (I) ANY PART OF AN ORDER, DECISION, DECREE, DIRECTION,
23 DEMAND, OR REQUIREMENT OF THE COMMISSION ISSUED PURSUANT TO THIS
24 TITLE, OTHER THAN AN ORDER FOR THE PAYMENT OF MONEY, INCLUDING
25 ANY VIOLATION OF SECTION 40-15-105.5 AND ANY INTERCONNECTION
26 SERVICE QUALITY RULES ADOPTED BY THE COMMISSION;
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1 (II) ANY INTERCONNECTION AGREEMENT ENTERED INTO PURSUANT
2 TO 47 U.S.C. SECS. 251 AND 252 AND APPROVED BY THE COMMISSION; OR
3 (III) ANY STATEMENT OF GENERALLY AVAILABLE TERMS FILED
4 PURSUANT TO 47 U.S.C. SEC. 252 (f).
5 (2) IF ANY PERSON RECEIVES A SECOND FINE ASSESSMENT NOTICE
6 FOR A VIOLATION OF SUBSECTION (1) OF THIS SECTION WITHIN THREE
7 YEARS AFTER THE DATE OF THE FINAL COMMISSION DECISION ORDERING
8 PAYMENT OF THE FIRST FINE, THE FINE ASSESSED FOR SUCH SECOND
9 VIOLATION MAY BE TWICE THE AMOUNT SPECIFIED IN SUBSECTION (1) OF
10 THIS SECTION.
11 (3) IF ANY PERSON RECEIVES MORE THAN TWO FINE ASSESSMENT
12 NOTICES FOR VIOLATION OF SUBSECTION (1) OF THIS SECTION WITHIN
13 THREE YEARS AFTER THE DATE OF THE FINAL COMMISSION DECISION
14 ORDERING PAYMENT OF THE FIRST FINE, THE FINE ASSESSED FOR SUCH
15 THIRD OR SUBSEQUENT VIOLATION MAY BE THREE TIMES THE AMOUNT
16 SPECIFIED IN SUBSECTION (1) OF THIS SECTION.
17 (4) FOR PURPOSES OF THIS SECTION:
18 (a) EACH VIOLATION OF AN APPLICABLE PROVISION OF A STATUTE,
19 RULE, ORDER, DECISION, DECREE, DIRECTION, DEMAND, OR REQUIREMENT
20 SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE. IN THE CASE OF
21 A CONTINUING VIOLATION, EACH DAY ON WHICH THE VIOLATION OCCURS
22 AND EACH CONSUMER OF TELECOMMUNICATIONS SERVICE AFFECTED BY
23 THE VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE.
24 (b) THE ACT OR OMISSION OF ANY OFFICER, AGENT, OR EMPLOYEE
25 OF ANY PERSON SUBJECT TO THIS SECTION, WHEN ACTING WITHIN THE
26 SCOPE OF THE OFFICIAL DUTIES OR EMPLOYMENT OF SUCH OFFICER, AGENT,
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1 OR EMPLOYEE, SHALL BE DEEMED THE ACT OR OMISSION OF THE PRINCIPAL
2 OR EMPLOYER.
3 (5) IN APPROPRIATE CASES, UPON THE MOTION OF THE PREVAILING
4 PARTY, THE COMMISSION MAY AWARD COSTS AND REASONABLE ATTORNEY
5 FEES TO THE PREVAILING PARTY IN A PROCEEDING BROUGHT UNDER THIS
6 SECTION.
7 (6) IN ADDITION TO LEVYING A FINE FOR ANY VIOLATION PURSUANT
8 TO PARAGRAPH (h) OF SUBSECTION (1) OF THIS SECTION, THE COMMISSION
9 MAY ORDER A PERSON TO REMEDY THE VIOLATION AND TO COMPLY WITH
10 THE ORDER, DECISION, DECREE, DIRECTION, DEMAND, AGREEMENT, OR
11 STATEMENT AND, WHERE APPROPRIATE, MAY PRESCRIBE THE SPECIFIC
12 ACTION THAT THE PERSON SHALL TAKE, INCLUDING ANY EMERGENCY
13 RELIEF THE COMMISSION DEEMS NECESSARY.
14 (7) PENALTIES LEVIED PURSUANT TO THIS SECTION SHALL BE IN
15 ADDITION TO, AND NOT IN LIEU OF, DAMAGES THAT MAY BE AVAILABLE TO
16 THE INJURED PARTY.
17 (8) PENALTIES, DAMAGES, OR INTEREST ASSESSED AGAINST A
18 PROVIDER UNDER THIS SECTION SHALL NOT BE CHARGED DIRECTLY OR
19 INDIRECTLY TO THE PROVIDER'S CUSTOMERS. ALL MONEYS COLLECTED
20 UNDER THIS SECTION SHALL BE FORWARDED TO THE STATE TREASURER
21 AND DEPOSITED IN THE GENERAL FUND OF THE STATE.
22 (9) IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS
23 SECTION, A PERSON WHO IS HARMED BY A VIOLATION OR FAILURE TO
24 COMPLY WITH AN APPROVED INTERCONNECTION AGREEMENT MAY BRING
25 A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION FOR ACTUAL AND
26 PUNITIVE DAMAGES OR SEEK SUCH OTHER RECOURSE AS IS PROVIDED BY
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1 LAW.
2 SECTION 4. 40-15-102, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to
4 read:
5 40-15-102. Definitions. As used in this article, unless the context
6 otherwise requires:
7 (3.5) "CARRIER" AND "PROVIDER" ARE USED INTERCHANGEABLY.
8 (9.5) "INCUMBENT LOCAL EXCHANGE CARRIER" MEANS, WITH
9 RESPECT TO A GEOGRAPHIC AREA, THE LOCAL EXCHANGE CARRIER THAT:
10 (a) ON FEBRUARY 8, 1996, PROVIDED LOCAL EXCHANGE
11 TELEPHONE SERVICE IN SUCH AREA; OR
12 (b) IS A PERSON OR ENTITY THAT, ON OR AFTER FEBRUARY 8, 1996,
13 BECAME A SUCCESSOR OR ASSIGNEE OF SUCH LOCAL EXCHANGE CARRIER.
14 { }
15 { }
16 SECTION {5.} Part 1 of article 15 of title 40, Colorado Revised
17 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
18 read:
19 40-15-105.5. Prohibited practices. (1) THE PROHIBITIONS
20 CONTAINED IN THIS SECTION ARE CUMULATIVE WITH, AND DO NOT
21 SUPERSEDE, THE PROHIBITIONS CONTAINED IN OTHER PROVISIONS OF THIS
22 PART 1, INCLUDING ,WITHOUT LIMITATION, THOSE OF SECTIONS 40-15-105,
23 40-15-106, AND 40-15-109.
24 (2) AS USED IN THIS SECTION, THE TERMS "UNBUNDLED NETWORK
25 {
26 ELEMENTS" AND "FACILITIES" SHALL BE DEFINED IN ACCORDANCE} WITH
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1 {SECTION 251 OF} THE FEDERAL "TELECOMMUNICATIONS ACT OF 1996", P.L.
2 NO. 104-104, EFFECTIVE FEBRUARY 8, {1996, 47 U.S.C. SECTION 251.} {
3 } { }
4 (3) {TO THE EXTENT REQUIRED BY FEDERAL LAW OR BY AN ORDER
5 OF THE COMMISSION THAT IS CONSISTENT WITH FEDERAL LAW, A} PROVIDER
6 OF TELECOMMUNICATIONS SERVICE SHALL NOT:
7 (a) REFUSE TO TRANSFER LOCAL EXCHANGE CUSTOMER SERVICE;
8 (b) FAIL OR REFUSE TO ALLOW ACCESS TO UNBUNDLED NETWORK
9 ELEMENTS, {INCLUDING COMBINATIONS OF NETWORK ELEMENTS,}
10 FACILITIES, OR RETAIL TELECOMMUNICATIONS SERVICES THAT ARE SOUGHT
11 FOR THE PURPOSE OF RESALE;
12 (c) UPON REQUEST, FAIL OR REFUSE TO DISCLOSE, IN A TIMELY AND
13 UNIFORM MANNER, NECESSARY INFORMATION FOR THE PURPOSE OF
14 INTERCONNECTION OR RESALE, INCLUDING, WITHOUT LIMITATION,
15 TECHNICAL SPECIFICATIONS AND INFORMATION CONCERNING THE STATUS
16 AND AVAILABILITY OF INTERCONNECTION, UNBUNDLED NETWORK
17 ELEMENTS, AND RESOLD SERVICES;
18 (d) IMPAIR THE SPEED, QUALITY, OR EFFICIENCY OF SERVICES,
19 FACILITIES, AND UNBUNDLED NETWORK ELEMENTS USED BY OTHER
20 PROVIDERS;
21 (e) VIOLATE THE TERMS OR DELAY THE IMPLEMENTATION OF ANY
22 FEDERAL OR STATE STATUTE, ANY INTERCONNECTION AGREEMENT, OR ANY
23 REQUIREMENT OF AN ORDER OF THE COMMISSION OR OF ANY COURT;
24 (f) DISCRIMINATE IN FAVOR OF ITSELF, ITS AFFILIATES, OR
25 ANOTHER PROVIDER IN THE PROVISION OF ANY TELECOMMUNICATIONS
26 SERVICE OR ANY UNBUNDLED NETWORK ELEMENT OR FACILITY RELATED
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1 TO THE PROVISION OF TELECOMMUNICATIONS SERVICE; OR
2 (g) IMPOSE UNREASONABLE OR DISCRIMINATORY RESTRICTIONS ON
3 UNBUNDLED NETWORK ELEMENTS.
4 SECTION {6.} 40-15-106, Colorado Revised Statutes, is amended
5 to read:
6 40-15-106. Predatory pricing prohibited - illegal restraint of
7 trade. (1) The price of telecommunications services or products which
8 THAT are not subject to the jurisdiction of the commission shall not be
9 priced below cost, by use of subsidization from customers of services and
10 products subject to the jurisdiction of the commission, and any such
11 cross-subsidization is deemed to be an illegal restraint of trade subject to
12 the provisions of article 4 ARTICLES 2 AND 4 of title 6, C.R.S.
13 (2) PRICE FLOORS ESTABLISHED BY THE COMMISSION FOR
14 TELECOMMUNICATIONS SERVICES SHALL COVER THE COMMISSION-DEFINED
15 COST OF SUCH SERVICES, INCLUDING THE IMPUTED PRICE OF ANY
16 WHOLESALE SERVICE ELEMENTS AS MAY BE REQUIRED BY THE
17 COMMISSION. PRICE FLOORS SHALL ALSO APPLY TO SERVICES REGULATED
18 BY THE COMMISSION IN INDIVIDUAL CONTRACTS, SERVICE TARIFFS, AND
19 PACKAGE OFFERINGS.
20 SECTION {7.} 40-15-109 (2), Colorado Revised Statutes, is
21 amended to read:
22 40-15-109. Assurance of interconnections - averaging of rates
23 - consumer choice of provider. (2) (a) All providers of interexchange
24 voice grade telecommunications service shall average their interexchange
25 voice grade rates on a statewide basis. Nothing in this section shall be
26 construed to prohibit volume discounts or other discounts in promotional
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1 offerings.
2 (b) IF THE COMMISSION PERMITS DEAVERAGING OF TARIFFED
3 RETAIL {RATES IN A GEOGRAPHIC AREA,} OTHER THAN IN INDIVIDUALLY
4 NEGOTIATED CONTRACTS, BY A PROVIDER THAT IS REQUIRED BY LAW TO
5 PROVIDE UNBUNDLED NETWORK {ELEMENTS IN THAT GEOGRAPHIC AREA,}
6 SUCH DEAVERAGING SHALL BE ACCOMPANIED BY A SIMULTANEOUS AND
7 PROPORTIONATE DEAVERAGING OF THE PRICES OF THE UNDERLYING
8 UNBUNDLED NETWORK {ELEMENTS IN THAT GEOGRAPHIC AREA.}
9 SECTION {8.} 40-15-201 (2), Colorado Revised Statutes, is
10 amended BY THE ADDITION OF THE FOLLOWING NEW
11 PARAGRAPHS to read:
12 40-15-201. Regulation by commission. (2) The following
13 products, services, and providers are declared to be subject to regulation
14 pursuant to this part 2 and subject to potential reclassification under
15 section 40-15-207:
16 (i) THE OBLIGATIONS OF PARTIES TO, AND SERVICES PROVIDED
17 UNDER, INTERCONNECTION AGREEMENTS APPROVED BY THE COMMISSION
18 PURSUANT TO FEDERAL LAW, INCLUDING ALL PRICES, TERMS, AND
19 CONDITIONS CONTAINED IN SUCH AGREEMENTS;
20 (j) THE PROVISION OF UNBUNDLED NETWORK ELEMENTS.
21 {
22 ; }SECTION{ 9.} 40-15-502 (3) (b), Colorado Revised Statutes, is
23 amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
24 40-15-502. Expressions of state policy. (3) Universal basic
25 service - affordability of basic service. (b) (I.5) (A) NO { }
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1 {INTRASTATE SURCHARGE APPROVED BY THE COMMISSION FOR THE HIGH
2 COST SUPPORT MECHANISM SHALL BE IMPOSED ON RESIDENTIAL BASIC
3 SERVICE.
4 (B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO} PERMIT
5 THE RATES FOR RESIDENTIAL BASIC SERVICE TO INCREASE SOLELY
6 BECAUSE A PROVIDER'S REVENUES HAVE BEEN REDUCED DUE TO
7 COMPETITION.
8 SECTION {10.} 6-2-103 (2), Colorado Revised Statutes, is
9 amended to read:
10 6-2-103. Discriminatory sales - exceptions. (2) Nothing in this
11 article shall be construed to affect or apply to any service or product sold,
12 rendered, or furnished by any public utility, the sale, rendition, or
13 furnishing of which is subject to regulation by the Colorado public
14 utilities commission or by any municipal regulatory body; EXCEPT THAT
15 TELECOMMUNICATIONS SERVICES THAT HAVE BEEN DEREGULATED OR ARE
16 SUBJECT TO PRICE REGULATION PURSUANT TO SECTION 40-15-203.3,
17 C.R.S., ARE COVERED BY THIS ARTICLE. This article shall not be
18 construed to prohibit the meeting in good faith of a competitive rate.
19 { SECTION 11. No appropriation. The general assembly has
20 determined that this act can be implemented within existing
21 appropriations, and therefore no separate appropriation of state moneys
22 is necessary to carry out the purposes of this act.}
23 SECTION {12.} Effective date. This act shall take effect at 12:01
24 a.m. on the day following the expiration of the ninety-day period after
25 final adjournment of the general assembly that is allowed for submitting
26 a referendum petition pursuant to article V, section 1 (3) of the state
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1 constitution; except that, if a referendum petition is filed against this act
2 or an item, section, or part of this act within such period, then the act,
3 item, section, or part, if approved by the people, shall take effect on the
4 date of the official declaration of the vote thereon by proclamation of the
5 governor.