4 Colo. Code Regs. § 723-2-2109

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

Section 4 CCR 723-2-2109 - Discontinuance of Services

To discontinue basic emergency service or switched access service, any service required for the provisioning of basic emergency service, or basic local exchange service provided by an ETC or EP, in a selected service territory or portion(s) thereof, a provider of such service shall file an application with the Commission not less than 45 days prior to the effective date of the proposed discontinuance. The applicant may submit the required information by filing either a pleading or a completed application form provided by the Commission on its website.

(a) An application to discontinue service is not required if any of the following apply:

(I) the provider has no customers in Colorado and has notified the Commission under paragraph (f) of this rule;

(II) the provider is discontinuing interexchange service and has notified the Commission under rule 2104;

(III) the provider is discontinuing facilities-based long distance service and has notified the Commission and the provider's customers under subparagraph (g);or

(IV) the discontinuance is the result of a transfer, no interruption or change of service will occur, and the provider has filed an application to transfer under rule 2110.

(b) Compliance with reporting and regulatory funding requirements.

(I) If the application is for a discontinuance of all jurisdictional services in Colorado the provider shall:

(A) seek authority to cancel its tariffs;

(B) submit any required annual reports and remit payments for all amounts due to all applicable funds for the period prior to the effective date of the order granting the discontinuance;

(C) identify the name, title, address, phone number, facsimile number, and e-mail address of the officer or officers or agent responsible for completion of all subsequent reports and payments required by the Commission and an affidavit from the officers acknowledging their responsibility under this rule; and

(D) make all necessary and appropriate arrangements with underlying facilities-based provider of jurisdictional service regarding the discontinuation of services provided.

(II) If the application is for a discontinuance of all facilities-based local exchange telecommunications services in Colorado the provider shall notify NANPA and/or the Number Pooling Administrator of the pending return of numbers if the applicant has been assigned numbering resources.

(c) The application shall include, in the following order and specifically identified, the following information, either in the application or in appropriately identified attachments:

(I) the information required by paragraph 2002(b);

(II) identification of the service territory or portion thereof proposed for discontinuance.

(III) a statement as to whether the granting of the application will result in the cancellation of its tariff in part or in its entirety, CPCN, and LOR.

(IV) a statement that the applicant has notified NANPA and/or the Number Pooling Administrator of the pending return of numbers, if applicable.

(V) the proposed effective date, which shall not be sooner than 45 days after the date on which the provider of telecommunications service files the application with the Commission.

(VI) the notice that will be provided to customers in accordance with paragraph (e) of this rule

(VII) acknowledgment that by signing the application, the applicant and its successors understand and agree that:

(A) filing of the application does not, by itself, constitute authority to discontinue any service;

(B) if the application is granted, any discontinuance is conditional upon fulfillment of conditions established by Commission order;

(C) if the application is granted, any discontinuance is conditional upon fulfillment of relevant statutory and regulatory obligations, including filing annual reports and remitting payments for all amounts due to all applicable funds for the period prior to the effective date of the order granting the discontinuance;

(D) acknowledgement that the officer or officers or agent named in its application may be held personally liable if reports are not completed and submitted and if payments are not submitted to the appropriate regulatory agency, in accordance with § 40-7-106, C.R.S., and that the officer or officers may be punished as provided in § 18-1-106, C.R.S.; and

(E) if the application is granted, the provider of jurisdictional service shall, on not less than two business days' notice, make a compliance advice letter filing citing the applicable Commission decision number that cancels part or all of its tariffs.

(d) If the applicant has been designated as a POLR, it shall supplement its application by providing the information required by the Commission's rule relating to relinquishment of the POLR designation, in accordance with rule 2186.

(e) The applicant shall work with Commission staff on the content of the notice and shall provide such customer notice of the application to discontinue service.

(I) At least 30 days prior to the effective date of the proposed discontinuance, the applicant shall mail by a separate first-class mailing, or by hand delivery, the notice to each of the applicant's affected customers. A list of other providers of telecommunications service to include in the notice shall be obtained from the Commission.

(II) Except as may otherwise be ordered by the Commission, the notice shall:

(A) include the information required by subparagraphs 2002(d)(I) - (XII);

(B) provide details of the proposed discontinuance, including a description of the services affected;

(C) state the specific time period during which customers must select an alternate provider; and

(D) notify customers that if a customer does not select an alternate local provider within the specified time period, the customer's basic local exchange service will be disconnected, the customer will be without dialtone and the customer may not be able to retain his telephone number.

(III) The applicant shall file with the Commission an affidavit attesting to its compliance with this paragraph regarding notice not less than 15 days before the date of the proposed discontinuance. The affidavit shall state the date on which notice was completed and the method used to give notice. A copy the notice given shall accompany the affidavit.

(f) If no customers are affected by the proposed discontinuance, the provider of telecommunications service is not required to file an application. However, at least 30 days prior to the proposed date of discontinuance, the provider of telecommunications service shall file with the Commission a written notification of discontinuance and an affidavit in the prescribed Commission format attesting that no customers will be affected.

(g) If the proposed discontinuance requires an amendment of the provider's tariff, nothing in this rule shall be construed as a waiver or variance from statute or Commission rules regarding the provider's obligation to file an appropriate advice letter.

4 CCR 723-2-2109

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