4 CCR 723-13
BASIS, PURPOSE, AND STATUTORY AUTHORITY The basis and purpose for Rules is to prescribe the procedures for administering the low-income telephone assistance fund for the provision of basic local exchange telecommunications services by providers of basic local exchange telecommunications services in order to promote the public health, safety and welfare, and so that low-income individuals receive assistance adequate to insure assess to basic local exchange telecommunications services.
The authority for these Rules is § 40-3.4-106, C.R.S. Further, the Commission is authorized to promulgate rules generally by §40-2-108. C.R.S., and specifically for the use of low-income telephone assistance programs to further the goal of Universal Service by §40-15-502(3) C.R.S. These rules are consistent with 47 U.S.C., 254 and newly adopted Federal Communications Commission Rules found at Part 54 of 47 Code of Federal Regulations (C.F.R.), implementing 47 U.S.C. section 254. RULE (4 CCR) 723-13-1. APPLICABILITY.
Rules 1 through 5 are applicable to providers of basic local exchange telecommunications services who are not eligible telecommunications carriers with more than five hundred thousand subscribers and certified to do business in the state; except that any such certified company with fewer subscribers may apply to the Commission for discounted rates for their subscribers eligible to receive low-income telephone assistance by complying with Rule 3.
Rules 1 through 10 are applicable to providers of basic local exchange telecommunications services who are eligible telecommunications carriers and certified to do business in the state. RULE (4 CCR) 723-13-2 DEFINITIONS.
As used in this rule, unless the context otherwise requires: 723-13-2.1 “Basic local exchange telecommunications services” means any of the telecommunications services which provide a dial tone line and local usage necessary to place or receive a call within a local calling area.
723-13-2.2 “Eligible Telecommunications Carrier” (ETC) means a carrier designated as such by the Commission pursuant to the Rules Prescribing the Procedures foe Designating Telecommunications Service Providers as Providers of Last Resort or as an Eligible telecommunications Carrier, 4 CCR 723-42.
723-13-2.3 “Eligible subscriber” means an individual who is qualified to receive low-income telephone assistance pursuant to § 40-3.5-105, C.R.S.
723-13-2.4 “Lifeline”, as used in this Rule, means a retail local service offering: 723-13-2.4.1 That is available only to a eligible subscribers; 723-13-2.4.2 For which eligible subscribers pay reduced charges as a result of application of the support amount described in § 40-3.4-104 C.R.S.; and 723-13-2.4.3 That includes the services or functionalities enumerated in Rule 2.1. 723-13-2.5 “Toll blocking” is a service provided by carriers that lets consumers elect not to allow the completion of outgoing toll calls from their dial tone line. 723-13-2.6 “Toll control” is a service provided by carriers that allows consumers to specify a certain amount of toll usage that may be incurred on their dial tone line per month or per billing cycle. 723-13-2.7 “Toll limitation” denotes either toll blocking or toll control for ETCs that are incapable of providing both services. For ETCs that are capable of providing both services, “toll limitation” denotes both toll blocking and toll control.
RULE (4 CCR) 723-13-3. IMPLEMENTATION OF PLANS.
Each provider to which these rules are applicable shall file with the Commission that information specified in Rule 4.2 of these rules, along with an advice letter and implementing tariffs, prior to implementing a program plan.
723-13-3.1 Implementing tariffs shall consist of a twenty-five percent discount for a single local dial tone line and the flat rate usage charge in the principal residence of an eligible subscriber. Eligible subscribers who pay mileage charges associated with basic telephone service may be eligible for a twenty-five percent discount for these charges. In no event shall the discount provided be less than the end user common line charges imposed by the Federal Communications Commission. 723-13-3.2 Intrastate Lifeline customer local tariffed rates implementing the Colorado low-income telephone assistance program shall be further reduced by any amount that the basic local exchange telecommunications service provider receives from any federal program providing for a reduction in such intrastate rate.
RULE (4 CCR) 723-13-4. FUND ADMINISTRATION.
The Commission shall determine, and by appropriate order, impose a uniform charge on each business and residential access line in a uniform amount. So that such charge can be adjusted on or before July 1 of each year, beginning with the 1991 fiscal year, the Commission will require certain information. To assist the Commission:
723-13-4.1 The Department of Human Services shall forward to the Commission by April 1 of each calendar year its estimate of its administrative expenses incurred under § 40-3.4-101, et seq., C.R.S., and its estimate of the number of eligible subscribers for the coming fiscal year. 723-13-4.2 Each provider of basic local exchange telecommunications services shall, in its annual report to the Commission state its estimate for the coming year of the number of eligible subscribers who will receive low-income telephone assistance, the number of business and residential subscribers to be subject to the uniform charge, and its administration cost of the program as well as the historic monthly amounts of collections generated by the uniform charge, the monthly amounts of revenue foregone due to the discount of the program, its monthly administration expenses and amounts reimbursed from or remitted to the Low-Income Telephone Assistance Fund as managed by the State Treasurer. However, providers of basic local exchange telecommunications services, having less than 500,000 subscribers, with an approved program, may report using an average cost to administer, with a minimum amount per local exchange carrier, and an amount per eligible subscriber access line, as determined by the Commission. 723-13-4.3 The State Treasurer shall forward to the Commission by April 1 of each calendar year an accounting of the transactions occurring in the Low-Income Telephone Assistance Fund. 723-13-4.4 The Commission by April 1, of each calendar year shall estimate its administrative expenses incurred under § 40-3.4-101, et seq., C.R.S.
723-13-4.5 The Commission, within 30 days of receipt of each report and after examining same, shall calculate the uniform charge based upon the undisputed amounts. Disputes concerning the amounts due for reimbursements from the fund, shall be resolved through the Commission's administrative hearing process.
RULE (4 CCR) 723-13-5. UNIFORM CHARGE.
723-13-5.1 The uniform charges imposed pursuant to § 40-3.4-108(1), C.R.S., shall be billed to each subscriber of each provider of basic local exchange telecommunications services with an approved low-income telephone assistance program based upon their number of access lines. 723-13-5.2 The uniform charge shall not be imposed on any state or local governmental body or on eligible subscribers.
723-13-5.3 A provider of basic local exchange telecommunications service may collect the uniform charge by a specific line item on subscriber's bills if provided for by tariff. Absent an effective tariff providing for collection of the uniform charge by an alternative method, the uniform charge shall be included in each subscriber's bill as part of the subscriber's base rate. A market informational note shall be added to the bill, once a year, informing customers that the base rate contains a (state the current monthly charge) monthly charge for the Low-Income Telephone Assistance Program.
723-13-5.4 Upon collecting the uniform charge, each provider may retain, from the total charges collected, an amount sufficient to reimburse such provider for its provision of low-income telephone assistance.
723-13-5.4.2 If the total collected is insufficient to reimburse the provider, the provider shall request reimbursement from the fund by providing the required information of Rule 4.2 in its annual report to the Commission. The Commission, after examining same, shall calculate the amount due for reimbursements from the fund and request reimbursement from the State Treasurer, who shall debit the same to the Low-Income Telephone Assistance Fund.
723-13-5.5 The Department of Human Services shall file with the Commission reports detailing its costs in administering the low-income telephone assistance program in accordance with § 40-3.4-101, et seq., C.R.S. The Commission shall request reimbursement of the approved expenses of the Department of Human Services from the State Treasurer, who shall remit that amount and shall debit the same from the Low-Income Telephone Assistance Fund. RULE (4 CCR) 723-13-PART II RULES APPLICABLE TO ELIGIBLE TELECOMMUNICATIONS CARRIERS RULE (4 CCR) 723-13-6. OFFERING OF TOLL LIMITATION.
Eligible telecommunications Carriers shall offer toll limitation to all qualifying low-income consumers at the time such consumers subscribe to Lifeline service. If the consumer elects to receive toll limitation, that service shall become part of the consumer's Lifeline service. 723-13-6.1 Lifeline support for providing toll limitation shall be provided from the federal Lifeline program. RULE (4 CCR) 723-13-7. PROHIBITION OF DISCONNECTION.
Eligible Telecommunications Carriers may not disconnect Lifeline service for non-payment of toll charges. 723-13-7.1 The Commission may grant a waiver of this requirement if the local exchange carrier can demonstrate that:
RULE (4 CCR) 723-13-8. SERVICE DEPOSIT.
Eligible telecommunications carriers may not collect a service deposit in order to initiate Lifeline service, if the qualifying low-income consumer voluntarily elects toll blocking from the carrier, where available. If toll blocking is unavailable, the carrier may charge a service deposit. RULE (4 CCR) 723-13-9. FEDERAL REPORTING REQUIREMENTS.
Each carrier shall file information with the administrator of the federal lifeline program demonstrating that the carrier's Lifeline plan meets the criteria set forth in Subpart E, 47 C.F.R., Part 54 and stating the number of qualifying low-income consumers and the amount of state assistance. RULE (4 CCR) 723-13-10. INCORPORATION BY REFERENCE.
References in these Rules to “Part 54” refers to rules issued by the Federal Communications Commission and incorporated by reference in these Rules. Those rules may be found at 47 C.F.R. Part 54, issued as of January 1, 1998. References to Part 54 do not include later amendments to or editions of this part. A certified copy of this part which has been incorporated by reference is maintained at the offices of the Colorado Public Utilities Commission, 1580 Logan Street, OL-2, Denver, Colorado 80203 and is available for inspection during normal business hours. Certified copies of the incorporated rules shall be provided at cost upon request. The Director of the Public Utilities Commission, or his designee, will provide information regarding how the incorporated rules may be obtained or examined. These incorporated rules may be examined at any state publications depository library.