BASIS, PURPOSE AND STATUTORY AUTHORITY.

The basis and purpose of these rules is to establish regulations regarding applications for a certificate of public convenience and necessity to provide local exchange telecommunications services; a letter of registration to provide emerging competitive telecommunications services; to discontinue or curtail any telecommunications service; to execute a merger or transfer; and registration as a toll reseller. These rules are issued pursuant to §§ 24-4-103, 40-2-108, 40-15-301(2), 40-15-302(2), 40-15-302.5, 40-15- 305(2), and 40-15-503(2), C.R.S.

TABLE OF CONTENTS BASIS, PURPOSE AND STATUTORY AUTHORITY RULE (4 CCR) 723-25- APPLICABILITY.

1.

RULE (4 CCR) 723-25- DEFINITIONS.

2.

RULE (4 CCR) 723-25- APPLICABILITY.

3.

RULE (4 CCR) 723-25- APPLICATION 4. PROCEDURES..

RULE (4 CCR) 723-25- APPLICATION FOR 5. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATI ONS SERVICES';

LETTER OF REGISTRATION TO PROVIDE EMERGING COMPETITIVE TELECOMMUNICATI ONS SERVICES, OR ANY COMBINATION THEREOF..

RULE (4 CCR) 723-25- DECLARATION OF 6. INTENT TO SERVE WITHIN TERRITORY OF RURAL TELECOMMUNICATI ONS PROVIDER..

RULE (4 CCR) 723-25- COMMISSION MAY 7. DEEM CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY OR LETTER OF REGISTRATION NULL AND VOID..

RULE (4 CCR) 723-25- APPLICATION TO 8. TRANSFER.

RULE (4 CCR) 723-25- TOLL RESELLER 9. REGISTRATION AND OBLIGATIONS..

RULE (4 CCR) 723-25- WAIVER OR 10. VARIANCE..

RULE (4 CCR) 723-25-1. APPLICABILITY.

These rules apply to all telecommunications service providers applying for a certificate of public convenience and necessity to provide local exchange telecommunications services, a letter of registration to provide emerging competitive telecommunications services, authority to discontinue or curtail any telecommunications service, and authority to execute a merger or transfer, and to providers required to register as toll resellers. Additional rules regulating telecommunications service providers and telephone utilities are contained in 4 CCR 723-2. Additional rules regulating providers of non-optional operator services are contained in 4 CCR 723-18.

ROLE (4 CCR) 723-25-2. DEFINITIONS.

The meaning of terms used in these rules shall be consistent with, their general usage in the telecommunications industry unless specifically defined by Colorado statute or this rule. In addition to the definitions in this section, the statutory definitions apply. In the event the general usage of terms in the telecommunications industry or the definitions in this rule conflict with the statutory definitions, the statutory definitions control. As used in these rules, unless the context indicates otherwise, the following definitions apply:

723-25-2.1 Application. A formal filing with the Commission to request a certificate of public convenience and necessity to provide local exchange telecommunications services, a letter of registration to provide emerging competitive telecommunication services, authority to discontinue or curtail any telecommunications service, or authority to execute a transfer or merger. 723-25-2.2 Certificate of Public Convenience and Necessity (“Certificate” or “CPCN”). Commission-granted authority to provide local exchange telecommunications services. The CPCN for telecommunications is generally granted on a statewide basis, subject to terms and conditions established by the Commission in its decision. 723-25-2.3 Competitive Local Exchange Carrier ("CLEC"). A telecommunications provider that has been granted a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services in the State of Colorado on or after February 8, 1996, pursuant to 4 CCR 723-25-4 and § 40-15-503(2)(f), C.R.S.

723-25-2.4 Days. Calendar days, unless otherwise indicated. 723-25-2.5 Declaration of Intent to Serve ("Declaration"). A filing with the Commission in which a certificated provider states its intent to provide local exchange telecommunications services within the service territory of a Rural Telecommunications Provider. 723-25-2.6 Emerging Competitive Telecommunications Services. Services and products regulated by the Commission in accordance with Title 40, Article 15, Part 3, C.R.S. 723-25-2.7 Letter of Registration. Commission-granted authority to provide emerging competitive telecommunications services. The Letter of Registration is generally granted on a statewide basis, subject to terms and conditions established in the Commission decision. 723-25-2.8 Local Exchange Telecommunications Services. Basic local exchange service and such other services identified in § 40-15-201, C.R.S., or defined by the Commission pursuant to § 40-15-502(2), C.R.S.; regulated advanced features, premium services, and switched access as defined in § 40-15-301(2) (a), (b), and (e), C.R.S.; or any of the above singly or in combination. 723-25-2.9 Price List. A filing with the Commission which contains all current rates of a provider of local exchange or emerging competitive telecommunications products and services. 723-25-2.10 Provider of Last Resort ("POLR"). A Commission-designated telecommunications provider that has the responsibility to offer basic local exchange service to all consumers who request it within a geographic area.

723-25-2.11 Provider of Local Exchange Telecommunications Services ("Provider"). Any person, as defined at § 40-1-102(5), C.R.S., who holds a certificate of public convenience and necessity to provide local exchange telecommunications services. 723-25-2.12 Regulated Telecommunications Services. Services and products regulated by the Commission in accordance with Title 40, Article 15, Part 2, Part 3, or Part 5, C.R.S. 723-25-2.13 Rural Telecommunications Provider. As defined at § 40-15-102(24.5), C.R.S. 723-25-2.14 Service Territory. Specific geographic area in which a provider of local exchange telecommunications services is authorized by the Commission to provide such service. 723-25-2.15 Tariff. A filing with the Commission which contains all rates, terms and conditions of a provider of local exchange or emerging competitive telecommunications services and products. The tariff of local exchange service providers shall also include a description of the service territory and local calling areas.

723-25-2.16 Toll Reseller. Any person who provides toll services to end-use customers by using the transmission facilities, including without limitation wire, cable, optical fiber, or satellite or terrestrial radio signals of another person. A toll reseller may, but need not, possess its own switching facilities.

723-25-2.17 Transfer. Any or all of the following: a) a transaction to convey, by sale, assignment, or lease, a certificate of public convenience and necessity, a certificate to provide local exchange telecommunications services, a letter of registration, or any combination of these; b) a transaction to obtain, whether by conveyance of assets or shares, controlling interest in a telecommunications service provider; c) a conveyance of assets not in the ordinary course of business; or d) execution of a merger.

RULE (4 CCR) 723-25-3. APPLICATION PROCEDURES.

723-25-3.1 The applicant shall submit an original plus four copies of any application or other pleading and any supporting documentation.

723-25-3.2 The Commission will accept electronic filing of application forms and related pleadings when such filings become technically feasible. The Commission reserves the right to require the applicant to submit a certified original application or other pleading and any supporting documentation for the official file.

723-25-3.3 The Director of the Commission, or the Director's designee, shall review applications to determine completeness, using the procedures set forth below 723-25-3.4 Incomplete applications will not be processed. The Commission staff shall send written notice of the deficiencies to the applicant within 10 days of the Commission's receipt of the application. If the deficiencies are not cured within 30 days of. the Commission's receipt of the application, the application shall be rejected and the docket closed.

723-25-3.5 Until the Commission issues an order approving such authority, no certificate of public convenience and necessity, letter of registration, authority to discontinue or curtail service, or authority to execute a transfer or merger shall become effective.

723-25-3.6 Absent unusual or extraordinary circumstances, the Commission shall reject an application that does not meet the requirements of 4 CCR 723-25.

RULE (4 CCR) 723-25-4. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES, LETTER OF REGISTRATION TO PROVIDE EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICES, OR ANY COMBINATION THEREOF. To request a certificate of public convenience and necessity to provide local exchange telecommunications services, a letter of registration to provide emerging competitive telecommunications services, or any combination thereof, the applicant shall file an application on the form provided by the Commission, or a separate pleading with the information and documentation set forth below. 723-25-4.1 Contents of Application. The application shall contain the following information: 723-25-4.1.1 Applicant's name, complete mailing address (street, city, state, and zip code), telephone number, e-mail address, and the name(s) under which the applicant is, or will be, providing telecommunications service in Colorado; 723-25-4.1.2 Name, mailing address, telephone number and e-mail address of person to contact for questions about the application;

723-25-4.1.3 Name, mailing address, and toll free telephone number of applicant's representative responsible for responding to consumer complaint inquiries by either the public or the Commission;

723-25-4.1.4 A copy of the applicant's applicable organizational documents, e.g., Articles of Incorporation; Partnership Agreement; Articles of Organization, etc.; 723-25-4.1.5 If the applicant is not organized in Colorado, a copy of the certificate issued by the Colorado Secretary of State authorizing the applicant to transact business in Colorado;

723-25-4.1.6 Name and address of applicant's Colorado agent for service of process; 723-25-4.1.7 A description of the applicant's affiliation, if any, with any other company; 723-25-4.1.8 Identification of any adverse decision entered by any court or regulatory body within the last five years regarding the applicant's provision of local exchange telecommunications services or other regulated telecommunications services that resulted in: (a) assessment of civil penalties; (b) assessment of criminal penalties; (c) injunctive relief; (d) corrective, action; (e) reparations; (f) initiation of a show cause proceeding; (g) initiation of a disciplinary action, including but not limited to, proceedings to limit or to place restrictions on any authority to operate, any certificate of public convenience and necessity, or any service offered; (h) refusal to grant authority to operate or to provide a service; (i) decertification or revocation of authority to operate or to provide a service; or (j) any combination of the foregoing. The applicant shall identify the jurisdiction and provide the docket or file number for each action, and shall provide a copy of any identified decision to the Commission upon request.

723-25-4.1.9 Identification of the emerging competitive telecommunications services to be provided, which may include any or all of the following: advanced features; premium services; interLATA toll; intraLATA toll; switched access;, private line services with a capacity of less than twenty-four voice grade circuits; non-optional operator services; and any other emerging competitive telecommunications services as classified pursuant to § 40-15-305 (2), C.R.S.

723-25-4.1.10 Acknowledgment that by signing the application, the applicant: a. Certifies that it possesses the requisite managerial qualifications, technical competence, and financial resources to provide the local exchange telecommunications services for which it is applying;

b. Agrees to answer all questions posed by the Commission or any authorized member of its. staff concerning the application, and to permit the Commission or any authorized member of its staff to inspect the applicant's books and records as part of the investigation into the application;

c. Understands that filing of the application does not by itself constitute authority to operate. If a certificate or letter of registration is granted, the applicant may not provide regulated telecommunications services until: 1) the Commission approves its Declaration of Intent to Serve, if seeking to provide local exchange service in the service territory of a Rural Telecommunications Provider; 2) the Commission approves its tariffs or price lists for relevant services; and 3) the applicant complies with applicable Commission rules and any conditions established by Commission order;

d. Agrees to respond in writing, within ten business days, to all consumer complaints filed with the Public Utilities Commission;

e. Agrees to contribute, in a manner prescribed by statute, rule, or order of the Commission, to the funding of: 1) the Commission's Fixed Utility Fund; 2) the Colorado High Cost Support Mechanism; 3) the Colorado Disabled Telephone Users Fund; 4) the Low Income Telephone Assistance Program; 5) Emergency Telecommunications Services (e.g. 911 and E911); and 6) any other financial support mechanism created by § 40-15- 502(5), C.R.S., and adopted by the Commission, as required by § 40-15- 503(2)(b)(V), C.R.S.;

f. Understands that if any portion of the application is found to be false or to contain material misrepresentations, any telecommunications certificate of public convenience and necessity or letter of registration granted may be revoked, upon Commission order; and g. Certifies that the provider, pursuant to its tariff or price list, will not unjustly discriminate among and between consumers in the provision of local exchange telecommunications services within its service territory. 723-25-4.1.11 An affidavit signed by an officer, partner, owner, or employee, as appropriate, who is authorized to act on behalf of the applicant, stating that the contents of the application are true, accurate, and correct.

723-25-4.2 Notice of application. The Commission shall give notice of an application for a certificate of public convenience and necessity to provide local exchange telecommunications services and a letter of registration to provide emerging competitive telecommunications services via electronic posting on the Commission's web site within five working days of receipt of the application. The notice period will expire 20 days after the notice is posted on the Commission's web site.

723-25-4.3 Combined applications. Applicants may file a combined application for: a) a certificate of public convenience and necessity to provide local exchange telecommunications services; b) a letter of registration to provide emerging competitive telecommunications services; c) a specific form of price regulation; d) a specific form of relaxed regulation, or e) any combination of the above.

723-25-4.4 Default form of regulation. Providers of local exchange and emerging competitive telecommunications services, other than incumbent local exchange carriers (as defined in 4 CCR 723-38), shall be regulated under the default regulatory scheme contained in 4 CCR 723-38, unless the provider requests and is granted a specific form of price regulation or a specific form of relaxed regulation. Rural Telecommunications Providers seeking simplified regulatory treatment pursuant to § 40-15-203.5, C.R.S. should refer to 4 CCR 723-38 for those application requirements.

RULE (4 CCR) 723-25-5. DECLARATION OF INTENT TO SERVE WITHIN TERRITORY OF RURAL TELECOMMUNICATIONS PROVIDER.

A provider that has been granted a certificate of public convenience and necessity to provide local exchange telecommunications services, and that wishes to provide such services in the service territory of a Rural Telecommunications Provider, shall file with the Commission a Declaration of Intent to Serve at least 45 days prior to offering such services. The provider may file the Commission-provided declaration form, or a separate pleading with the information and documentation set forth below. 723-25-5.1 Contents of Declaration. The Declaration shall contain the following information: 723-25-5.1.1 Provider's name, complete mailing address (street, city, state, and zip code), telephone number, e-mail address and the name(s) under which the applicant is, or will be, providing telecommunications service in Colorado; 723-25-5.1.2 Name, mailing address, telephone number, and e-mail address of person to contact for questions about the declaration;

723-25-5.1.3 Identification of the Rural Telecommunications Provider(s) operating in the service territory proposed to be served;

723-25-5.1.4 Description of the service territory proposed to be served by submitting the following: a) a list of exchange area(s) and local calling areas; and b) a copy of the exchange map(s) of the proposed service territory or a comparably precise description; 723-25-5.1.5 Identification of the city or town in which the provider prefers a hearing be held, if necessary.

723-25-5.2 Notice of Declaration. Within five working days of the receipt of the Declaration, the Commission shall provide notice via electronic posting on the Commission's web site and shall send by first class mail written notice to the affected Rural Telecommunications Provider(s) within the proposed service territory. The Rural Telecommunications Provider has 20 days in which to protest or intervene.

723-25-5.3 If the Declaration is incomplete, the Commission staff shall notify the provider of the deficiencies within ten days of the filing of the Declaration. If the deficiencies are not cured within 30 days of the original filing of the Declaration, it shall be rejected. 723-25-5.4 The Declaration shall become effective only upon order of the Commission. RULE (4 CCR) 723-25-6. COMMISSION MAY DEEM CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY OR LETTER OF REGISTRATION NULL AND VOID.

A certificate of public convenience and necessity or a letter of registration shall be deemed null and void without further action of the Commission, if the provider fails to file an effective tariff and/or price list, pursuant to Rule 4 CCR 723-38, within three years after the effective date of the Commission order granting the certificate of public convenience and necessity or letter of registration. For good cause shown, the provider may file, and the Commission may consider, a motion to extend the three year filing deadline.

723-25-6.1 Providers holding certificates of public convenience and necessity to provide emerging competitive telecommunication services on the effective date of these rules shall be allowed three years from the effective date of these rules to file an effective tariff. This rule supercedes those timeframes for filing tariffs outlined in the Commission order granting the certificate of public convenience and necessity to provide emerging competitive telecommunication services.

RULE (4 CCR) 723-25-7. APPLICATION TO DISCONTINUE OR CURTAIL REGULATED TELECOMMUNICATIONS SERVICES.

To discontinue or curtail regulated telecommunications service, any service required for the provisioning of regulated telecommunications service, or service in a selected service territory or portion(s) thereof, a provider shall file an application with the Commission not less than 30 days prior to the effective date of the proposed discontinuance or curtailment. The applicant may complete the Commission-provided application form, or may file a separate pleading with the information and documentation set forth below. 723-25-7.1 Exemptions. An application to discontinue or curtail service shall not be required when: a) the provider has no customers (see Rule 4 CCR 723-25-7.9); b) the provider is discontinuing or curtailing toll resale service (see Rule 4 CCR 723-25-9.2.3); or c) the discontinuance or curtailment is the result of a transfer or merger, and no interruption of service will occur.

723-25-7.2 Contents of application. The application shall contain the following information: 723-25-7.2.1 Applicant's name, complete mailing address (street, city, state, and zip code), telephone number, e-mail address, and the name(s) under which the applicant is providing telecommunications service in Colorado;

723-25-7.2.2 Name, mailing address, telephone number and e-mail address of person to contact for questions about the application;

723-25-7.2.3 Identification of the telecommunications services, either facilities-based or resale, to be discontinued or curtailed, and the associated service territory or portion thereof proposed for discontinuance or curtailment;

723-25-7.2.4 The proposed effective date, which shall not be sooner than 30 days after the date on which the provider files the application with the Commission; 23-25-7.2.5 Identification of the town or city within one affected service territory where the applicant prefers a hearing be held, if necessary;

723-25-7.2.6 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 or curtail any service;

b. If the application is granted, any discontinuance or curtailment is conditional upon fulfillment of any conditions established by Commission order; and c. If any portion of the application is found to be false or to contain material misrepresentations, any order granting authority to discontinue or curtail may be deemed null and void, upon Commission Order.

723-25-7.2.7 An affidavit signed by an officer, partner, owner, or employee, as appropriate, who is authorized to act on behalf of the applicant, stating that the contents of the application are true, accurate, and correct.

723-25-7.3 Provider of last resort. If the applicant has been designated as a provider of last resort, it must supplement its application by providing the information required by the Commission's rules relating to Relinquishment of Eligible Telecommunications Carrier Designation found at 4 CCR 723-42-8.

723-25-7.4 Customer Notice of Application. The applicant shall provide customer notice of the application to discontinue or curtail service, as follows. 723-25-7.5 At least 30 days prior to the effective date of the proposed discontinuance or curtailment, the applicant shall mail by a separate first class mailing, or hand-deliver, the notice to each of the applicant's affected customers; to the board of county commissioners of each affected county; and to the mayor of each affected city, town, or municipality. 723-25-7.6 Contents of Customer Notice. The notice shall explain clearly and specifically the applicant's procedures to transfer customers to another provider. At a minimum, the notice shall: a) identify the proposed discontinuance or curtailment of service; b) state the proposed effective date of the discontinuance or curtailment; c) notify customers of their option to select another local exchange carrier; d) provide a copy of the most recent jurisdictional list maintained by the Commission, which indicates the name, address, and toll free telephone number of each and every alternative provider regulated by the Commission, including providers of last resort; e) notify customers that they will be allowed to retain their current telephone numbers and will receive the same telecommunications products and services that have been provided by the applicant, where technically feasible; f) state the specific time period during which customers must select an alternative provider; g) notify the customer that if they do not select an alternative carrier within that specified time period, the customer will be transferred automatically to the default local exchange carrier as designated by the Commission, and h) notify the customer that there will be no charge to change to another carrier as a result of the discontinuance or curtailment of service.

723-25-7.7 The notice required by this rule shall be in the form attached to these rules as Form A for basic local exchange service or a combination of basic local exchange and other telecommunications services, or Form B for service other than basic local exchange service, or as ordered by the Commission.

723-25-7.8 When notice is required under this rule, the applicant shall file with the Commission an affidavit attesting to its compliance with this rule not less than 15 days before the date . of the proposed discontinuance or curtailment. The. affidavit shall state the date on which notice was completed and the method used to give notice. A copy of each form of notice given shall accompany the affidavit.

723-25-7.9 Discontinuance or curtailment where no customers are affected. Where no customers will be affected by the proposed discontinuance or curtailment, the provider is not required to file an application. However, at least 30 days prior to the proposed date of discontinuance or curtailment, the provider shall file with the Commission a written notification of discontinuance or curtailment and an affidavit attesting that no customers will be affected. 723-25-7.10 Amendment of tariff or price list. If the proposed discontinuance or curtailment requires an amendment of the provider's tariff or price list, 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 or transmittal letter in accordance with the Rules of Practice and Procedure, 4 CCR 723-1, or other applicable Commission rules. RULE (4 CCR) 723-25-8 APPLICATION TO TRANSFER To request authority to execute a transfer, as defined at 4 CCR 723-25-2.17, the transferor and the transferee shall file a joint application with the Commission not less than 30 days prior to the effective date of the proposed transfer. If the transferee does not hold a Commission-issued certificate of public convenience and necessity to provide local exchange telecommunications services, the transferee shall provide the Commission with the information required pursuant to Rule 4 CCR 723-25-4, and must receive an appropriate grant of authority from the Commission. The joint applicants may complete the Commission-provided application form, or may file a separate pleading with the information and documentation set forth below.

723-25-8.1 Contents of application. The application shall contain the following information: 723-25-8.1.1 Applicants' names, complete mailing addresses (street, city, state, and zip code), telephone numbers and e-mail addresses of each party to the proposed transfer; 723-25-8.1.2 Names, mailing addresses, telephone numbers and e-mail addresses of persons to contact for questions about the application; 723-25-8.1.3 Name under which the transferee is, or shall be, providing service in Colorado, if the transfer is approved;

723-25-8.1.4 The specific assets, including any certificate, operating authority, or CPCN, or rights obtained under such certificate, operating authority, or CPCN, proposed to be sold, assigned, leased, or otherwise transferred; 723-25-8.1.5 The proposed effective date of the transfer; 723-25-8.1.6 A statement of the facts (not in the form of conclusory statements) relied upon to show that the proposed transfer is consistent with, and not contrary to, the statements of public policy in §§ 40-15-101, 40-15-501, and 40-15-502, C.R.S.; 723-25-8.1.7 Identification of the town or city where the applicant prefers a hearing be held, if necessary;

723-25-8.1.8 Acknowledgment that by signing the application, the joint applicants understand and agree:

a. To answer all questions posed by the Commission or any authorized member of its staff concerning the application, and to permit the Commission or any authorized member of its staff to inspect the applicants' books and records as part of the investigation into the application; b. That the filing of the application does not, by itself, constitute authority to execute the transfer;

c. That the applicants shall not undertake the proposed transfer unless and until a Commission decision granting the application is issued; d. That if a transfer is granted, such transfer is conditional upon: 1) the existence of applicable, effective tariffs or price lists for relevant services, including any required adoption notices; 2) compliance with the statutes and all applicable Commission rules; and 3) compliance with any and all conditions established by Commission order; and e. That, if any portion of the application is found to be false or to contain material misrepresentations, any transfer granted may be deemed null and void, upon Commission Order.

723-25-8.1.9 An affidavit signed by an officer, partner, owner, or employee, as appropriate, who is authorized to act on behalf of each applicant, stating that the contents of the application are true, accurate, and correct.

723-25-8.2 Provider of last resort. If the Commission has designated either the transferor or the transferee as a provider of last resort, the application must also contain the information required by Commission rules relating to Relinquishment of Eligible Telecommunications Carrier Designation found at 4 CCR 723-42-8, in addition to the information required by Rule 723-25-8. RULE (4 CCR) 723-25-9. TOLL RESELLER REGISTRATION AND OBLIGATIONS. The Commission has limited jurisdiction over the activities of toll resellers, including slamming oversight, as specified in Rule 4 CCR 723-2-25. Toll resellers shall be regulated in the following manner. 723-25-9.1 Registration. All toll resellers shall register using the registration form approved by the Commission.

723-25-9.2 Obligations. All toll resellers shall:

723-25-9.2.1 Submit an annual report or other periodic reports required by Commission rules;

723-25-9.2.2 Contribute to all lawful funds or support mechanisms administered by the Commission, including but not limited to the Fixed Utility Fund and the high cost support funds; and 723-25-9.2.3 File an updated registration form within 15 days of any change in the information previously provided to the. Commission, including any discontinuance or curtailment of service.

723-25-9.3 Remedies for misconduct by toll resellers. For the purposes of enforcing § 40-15- 112, C.R.S., the Commission may invoke against toll resellers all lawful remedies available under Title 40, Article 1 through Article 7, C.R.S. Failure to comply with applicable statutes or Commission rules is cause for revocation of the registration, an order to cease and desist, an order to the appropriate local exchange providers to disconnect a toll reseller's service, or any other remedy deemed appropriate by the Commission.

RULE (4 CCR) 723-25-10. WAIVER OR VARIANCE.

The Commission may permit a waiver or variance from these rules, if not contrary to law, for good cause shown if it finds that compliance is impossible, impracticable, or unreasonable. (4 CCR) 723-25-FORM A NOTICE OF A DISCONTINUANCE OR CURTAILMENT OF BASIC LOCAL EXCHANGE SERVICE NOTICE OF [NAME OF PROVIDER] 'S INTENT TO [STOP OFFERING] [LIMIT THE OFFERING OF] LOCAL TELEPHONE SERVICE IN YOUR AREA [Name of provider] has asked the Colorado Public Utilities Commission (PUC) for approval to discontinue offering [limit the offering of] basic local telephone service in your area effective on [date]. [Name of provider] proposes to discontinue offering [limit the offering of] local telephone service in your area as follows: [provide details of proposal here including the jurisdictional list of alternative providers]. Anyone may object to this proposal by sending a letter to the Colorado Public Utilities Commission, 1580 Logan St., OL2, Denver, CO 80203. You may also object to this proposal by calling the PUC at [phone numbers].

Your written objection by itself does not allow you to participate as a party in any proceeding before the PUC on this proposal. If you want to actively participate as a party to any proceeding, you must submit a written request to the PUC at the above address at least 10 calendar days before the proposed effective date of [date]. Your written request to intervene must follow Rules 20, 21, and 22 of the Commission's Rules of Practice and Procedure and any other rules that apply. You may request a copy of these rules, 4 CCR 723, from the Commission.

The PUC may hold hearings on. [name of provider]'s proposed actions. If the Commission holds hearings, it will decide what actions, if any, are allowed. Members of the public may attend any hearing and make a statement under oath about the proposed action even if they did not submit a written objection or intervention.

If you want to know if and when hearings are held, please submit a written request to the PUC at the above address. Your written request for hearing notification must be submitted to the PUC at least 10 calendar days before the proposed effective date of [date]. Please be assured that basic local telephone service will still be available to you whatever the outcome of [name of provider]'s requested action. If [name of provider]'s request to stop offering local telephone service is granted, another telephone company will offer service to you. by: [name, title and address of officer] (4 CCR) 723-25-FORM B NOTICE OF DISCONTINUANCE OR CURTAILMENT OF AN EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICE NOTICE OF [NAME OF PROVIDER] 'S INTENT TO [DISCONTINUE] [LIMIT] ITS OFFERING OF [NAME OF] SERVICE [Name of provider] has asked the Colorado Public Utilities Commission (PUC) for approval to [specify action whether discontinue offering or limit offering] of [name the service or facility] effective on [date]. The details of this proposal are as follows: {provide details of proposal here including jurisdictional list of alternative providers] Anyone may object to this proposal by filing a written complaint with the Public Utilities Commission, 1580 Logan St. OL2, Denver, CO 80203. A complaint should be submitted to the PUC prior to the proposed effective date of [date]. A written complaint must follow Rule 61 of the PUC's Rules of Practice and Procedure, or any subsequent revision, and any other rules that apply. A copy of these rules can be obtained from the PUC. The filing of a complaint does not require the Commission to stop the proposed action.

The PUC may hold hearings on [name of provider] 's proposed actions. If the Commission holds hearings, it will decide what actions, if any, are allowed. Members of the public may attend any hearings and make a statement under oath about the proposed action even if they did not file a complaint. If you want to know if and when hearings are held, please submit a written request to the PUC at the above address. Your written request for hearing notification must be submitted to the PUC at least 10 calendar days before the proposed effective date of [date]. by: (name, title and address of officer)