4 Colo. Code Regs. § 723-2-2302
Current through Register Vol. 47, No. 20, October 25, 2024
Section 4 CCR 723-2-2302 - Customer Deposits(a) With the exception of paragraph (b) of this rule, this rule governs deposits for HCSM recipients. (I) Each HCSM recipient shall process an application for service made orally, in writing, or via a secure website in a non-discriminatory manner.(II) The HCSM recipient shall establish and maintain a written procedure for determining an applicant's credit status and include this on its website.(b) Each HCSM recipient's deposit and credit policy shall be equitable and non-discriminatory and shall not impose more stringent requirements than the HCSM imposes in areas where HCSM support is not provided.(c) A deposit required under this rule may be in addition to any advance payment, contribution to, or guarantee in connection with construction of lines or facilities, as provided in the line extension policy of the HCSM recipient's TOS documents, if applicable, on file with the Commission.(d) The payment of a deposit shall not relieve any customer of the obligation to pay current bills when due. If forfeited, a deposit shall be applied only to the indebtedness of the customer.(e) A customer who is required by an HCSM recipient to pay a deposit shall pay the deposit in full, prior to receiving service, or if agreed to by the HCSM recipient, enter into a written installment arrangement for payment of the deposit.(f) Interest and deposits. (I) Simple interest shall be paid by the HCSM recipient upon a deposit at the percentage rate per annum as determined by Commission staff on an annual basis, payable upon the return of the deposit. Interest on a deposit shall be earned for the time the deposit is held by the HCSM recipient, and shall be calculated from the date the deposit is received by the HCSM recipient to the date of refund to the customer.(II) When it is determined that a change in the interest rate is warranted, the Commission shall send a letter to each HCSM recipient within the state by November 15th identifying the new rate to be paid beginning on January 1 of the next year. Following notification by the Commission, each provider of telecommunications service shall change its TOS to be effective January 1 of the following year. To the extent any of the dates contemplated herein are modified, there shall be at least 30 days between the date of the notification letter and the effective date of the rate change.(g) Refund of deposits. Upon discontinuance of service, or when a customer establishes satisfactory credit, the HCSM recipient shall promptly refund any deposit, plus accrued simple interest, or the balance, if any, in excess of the unpaid bills.(h) Each HCSM recipient shall include in its TOS its deposit requirement policy, explaining in detail under what circumstances a deposit shall be required, and under what conditions the deposit shall be returned.39 CR 21, November 10, 2016, effective 12/1/201640 CR 15, August 10, 2017, effective 9/1/201741 CR 03, February 10, 2018, effective 3/2/201842 CR 02, January 25, 2019, effective 2/14/201942 CR 07, April 10, 2019, effective 4/30/201943 CR 02, January 25, 2020, effective 2/14/202043 CR 17, September 10, 2020, effective 8/17/202044 CR 17, September 10, 2021, effective 8/11/202144 CR 18, September 25, 2021, effective 10/15/202145 CR 03, February 10, 2022, effective 12/29/202145 CR 01, January 10, 2022, effective 1/30/202246 CR 05, March 10, 2023, effective 3/30/2023