4 Colo. Code Regs. § 723-2-2002

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 723-2-2002 - Applications

(a) Any person may seek Commission action regarding any of the following matters through the filing of an appropriate application:

(I) for a CPCN to provide services, as provided in rule 2103;

(II) for the issuance of a LOR for services, as provided in rule 2103;

(III) to amend a CPCN or LOR, as provided in rule 2105;

(IV) to change exchange area boundaries, as provided in rule 2106;

(V) to discontinue the provisioning of basic emergency service, switched access service, or basic local exchange service provided by an ETC, EP, or HCSM recipient, as provided in rule 2109;

(VI) to transfer or encumber a CPCN, LOR, or assets, or to merge a provider with another entity, as provided in rule 2110;

(VII) to amend a tariff on less than statutory notice, as provided in subparagraph 2122;

(VIII) for certification as a basic emergency service provider, as provided in rule 2132;

(IX) for approval of a change to an emergency telephone charge in excess of the threshold set by the Commission, as provided in rule 2147;

(X) for approval of an increase in the number of concurrent sessions associated with a 9-1-1 governing body for purposes of determining distribution percentages from the 9-1-1 surcharge trust cash fund, as provided in rule 2151;

(XI) for designation as a POLR, as provided in rules 2183 and 2184;

(XII) for relinquishment of the designation as a POLR, ETC, or EP, as provided in rule 2186;

(XIII) for designation as an ETC, as provided in rule 2187;

(XIV) for approval of a disaggregation of a study area of a rural ILEC, as provided in rule 2189;

(XV) for reclassification of a Part II service to a Part III service, as provided in rule 2203;

(XVI) for deregulation of Part III Services, as provided in rule 2204;

(XVII) for approval of a refund plan, as provided in rule 2305; or

(XVIII) for any other authority or relief provided for in these rules, or for any other relief not inconsistent with statute or rule and not specifically described in this rule.

(b) Unless otherwise noted in specific rules, all applications shall include, in the following order and specifically identified, the following information, either in the application or in appropriately identified attachments:

(I) the name and address of the applicant;

(II) the name(s) under which the applicant is, or will be, providing telecommunications service in Colorado;

(III) the name, address, telephone number, and e-mail address of the applicant's representative to whom all inquiries concerning the application should be made;

(IV) the name, address, telephone number, and e-mail address of the applicant's contact person for customer inquiries concerning the application, if that contact person is different from the person listed in subparagraph (III);

(V) a statement indicating the town or city, and any alternate town or city, where the applicant prefers any hearings be held;

(VI) a statement that the applicant agrees to respond to all questions propounded by the Commission or its Staff concerning the application;

(VII) a statement that the applicant shall permit the Commission or any member of its Staff to inspect the applicant's books and records as part of the investigation into the application;

(VIII) a statement that the applicant understands that if any portion of the application is found to be false or to contain material misrepresentations, any authorities granted may be revoked upon Commission order;

(IX) acknowledgment that, by signing the application, the applying utility understands that:

(A) the filing of the application does not by itself constitute approval of the application;

(B) if the application is granted, the applying utility shall not commence the requested action until the applying utility complies with applicable Commission rules and with any conditions established by Commission order granting the application;

(C) if a hearing is held, the applying utility shall present evidence at the hearing to establish its qualifications to undertake, and its right to undertake, the requested action; and

(D) in lieu of the statements contained in subparagraphs (b)(IX)(A) through (C) of this rule, an applying utility may include a statement that it has read, and agrees to abide by, the provisions of subparagraphs (b)(IX)(A) through (C) of this rule.

(X) An attestation which is made under penalty of perjury; which is signed by an officer, a partner, an owner, an employee of, an agent for, or an attorney for the applying utility, as appropriate, who is authorized to act on behalf of the applying utility; and which states that the contents of the application are true, accurate, and correct. The application shall contain the title and the complete address of the affiant; and

(XI) the company's proposed notice to the public and its customers, if such notice is required.

(c) Applications shall be processed in accordance with the Commission's Rules Regulating Practice and Procedure.

(d) Except as required or permitted by § 40-3-104, C.R.S., if the applicant is required by statute, Commission rule, or order to provide notice to its customers of the application, the applicant shall, within seven days after filing an application with the Commission, cause to have published notice of the filing of the application in each newspaper of general circulation in the municipalities impacted by the application. The applicant shall provide proof of such customer notice within 14 days of the publication in the newspaper. Failure to provide such notice or failure to provide the Commission with proof of notice may cause the Commission to deem the application incomplete. The applicant may also be required by statute, Commission rule, or order to provide additional notice. Both the newspaper notice and any additional customer notice(s) shall include the following:

(I) the title "Notice of Application by [Name of the Utility] to [Purpose of Application]";

(II) state that [Name of Utility] has applied to the Colorado Public Utilities Commission for approval to [Purpose of Application]. If the utility commonly uses another name when conducting business with its customers, the "also known as" name should also be identified in the notice to customers;

(III) provide a brief description of the proposal and the scope of the proposal, including an explanation of the possible impact, including rate impact, if applicable, upon persons receiving the notice;

(IV) identify which customer class(es) will be affected and the monthly customer rate impact by customer class, if customers' rates are affected by the application;

(V) identify the proposed effective date of the application;

(VI) identify that the application was filed on less than statutory notice or if the applicant requests an expedited Commission decision, as applicable;

(VII) state that the filing is available for inspection in each local office of the applicant and at the Colorado Public Utilities Commission;

(VIII) identify the proceeding number, if known at the time the customer notice is provided.

(IX) state that any person may file written comment(s) or objection(s) concerning the application with the Commission. As part of this statement, the notice shall identify both the address and e-mail address of the Commission and shall state that the Commission will consider all written comments and objections submitted prior to the evidentiary hearing on the application;

(X) state that if a person desires to participate as a party in any proceeding before the Commission regarding the filing, such person shall file an intervention in accordance with the rule 1401 of the Commission's Rules of Practice and Procedure or any applicable Commission order;

(XI) state that the Commission may hold a public hearing in addition to an evidentiary hearing on the application and that if such a hearing is held members of the public may attend and make statements even if they did not file comments, objections or an intervention. State that if the application is uncontested or unopposed, the Commission may determine the matter without a hearing and without further notice; and

(XII) state that any person desiring information regarding if and when hearings may be held shall submit a written request to the Commission or shall alternatively contact the External Affairs section of the Commission at its local or toll-free phone number. Such statement shall also identify both the local and toll-free phone numbers of the Commission's External Affairs section.

(e) Filings shall be made in accordance with rule 1204.

4 CCR 723-2-2002

39 CR 21, November 10, 2016, effective 12/1/2016

40 CR 15, August 10, 2017, effective 9/1/2017

41 CR 03, February 10, 2018, effective 3/2/2018

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 07, April 10, 2019, effective 4/30/2019

43 CR 02, January 25, 2020, effective 2/14/2020

43 CR 17, September 10, 2020, effective 8/17/2020

44 CR 17, September 10, 2021, effective 8/11/2021

44 CR 18, September 25, 2021, effective 10/15/2021

45 CR 03, February 10, 2022, effective 12/29/2021

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 05, March 10, 2023, effective 3/30/2023