4 CCR 723-2
RULE (4 CCR) 723-2-1. APPLICATION OF RULES.
723-2-1.1 BASIS, PURPOSE AND STATUTORY AUTHORITY OF RULES. The statutory authority for these amendments is found in Sections40-3-101(2), 40-3-102, 40-3-103, 40-3-106(1)(A) and 40- 4-101, C.R.S. which empower the Commission to establish standards for the adequacy of public utility services, including the timely provisioning of adequate telephone service, Basic Local Exchange Service and regulated telecommunications services, and requires the Commission to prescribe rules and regulations for the performance of any service or the furnishing of any commodity by a public utility and to enforce those rules and regulations. In addition, the Commission is authorized to promulgate rules generally by Section 40-2-108, C.R.S., and specifically for telecommunications services by §§ 40-15-201, 40-15-301, and 40-15-503(2) C.R.S., in order to implement the provisions of Title 40, Article 15, Part 2, 3, and 5 C.R.S. The basis and purpose of these amendments is to update and revise certain rules within the Rules Regulating Telecommunications Service Providers and Telephone Utilities to require an adequate level and timely provisioning of Basic Local Exchange Service and regulated telecommunications service to the public throughout the state. The update and revision of these rules is necessary to reflect the present and continuing evolution of a standard for adequate Basic Local Exchange Service and regulated telecommunications service which is expected by the public and is available through the changing technology being deployed in the telecommunications industry. The rules establish standards for Basic Local Exchange Service and regulated telecommunications services in light of current technology and public expectations. These amendments prescribe requirements for provision of certain capabilities and services by telecommunications service providers.
The amendments to the rules are clear and simple and can be understood by persons expected to comply with them. They do not conflict with any other provision of law and there are no duplicating or overlapping rules.
723-2-1.2 Applicability of Rules. These rules and regulations govern the furnishing of intrastate telecommunications services and facilities to the public and shall apply to providers of telecommunications services and telephone services subject to the jurisdiction of the Commission.
723-2-1.3 Exceptions to Rules. The adoption of these rules shall in no way preclude the Commission from altering or amending them in whole or in part, or from requiring any other or additional service equipment, facilities, or standards, either upon complaint or upon the Commission's own motion, or upon the application of any entity under its jurisdiction. In special cases for good cause shown, not contrary to law, the Commission may permit deviation from these rules insofar as it may find compliance to be impossible, impractical or unnecessary. RULE (4 CCR) 723-2-2. INTERPRETATIONAL DEFINITIONS FOR RULES. Definitions of terms used within these rules shall be consistent with the general understanding of the terms as used in the telecommunications industry unless specifically defined under this Rule 2. In the interpretation of these rules, the following definitions shall be used unless otherwise specifically defined in a particular rule:
723-2-2.1 Access to Emergency Services - means access to services, such as 911 and enhanced 911, provided by local governments or other public safety organizations. “Access to Emergency Services” includes access to 911 and enhanced 911 services to the extent the local government in an LEC's service area has implemented 911 or enhanced 911 systems. 723-2-2.2 Access to Toll Service - means the use of the wireline subscriber loop, as well as that portion of the switch, or the functional equivalent of these network elements in the case of a wireless carrier, necessary to access an interexchange carrier's network. 723-2-2.3 Access to Operator Services - means access to any automatic or live assistance to a consumer to arrange for billing or completion, or both, of a telephone call. 723-2-2.4 Base Rate Area - means the developed portion or portions within an exchange service area as stated in the LEC's tariffs. Service within this area is generally furnished at uniform rates without charges that vary with distance from the central office. 723-2-2.5 Basic Local Exchange Service or Basic Service - means the telecommunications service which provides a local dial tone, access line and local usage necessary to place or receive a call within an exchange area and any other services or features that may be added by the Commission under section section 40-15-502(2) C.R.S. Basic Service is comprised of those capabilities and services or features listed in Rule 17.1.
723-2-2.6 Busy Hour - means the uninterrupted period of 60 minutes during the day when the traffic offered is at a maximum.
723-2-2.7 Busy Season - means a month or several months, which may be nonconsecutive, within a consecutive 12 month interval when the maximum busy hour requirements are experienced. The number of days within the busy season used for estimation of busy hour requirements should exclude days with abnormal traffic volume, such as Christmas or Mother's Day, and preferably should be limited to 30 but not exceed 60 days.
723-2-2.8 Calls - means customers' telecommunications messages. 723-2-2.9 Central Office - means the inside plant of the telecommunications service provider as an operating unit, including the switch or other facilities used to establish connections between customer lines or between customers' lines and trunk or toll lines to other central offices within the same or at other exchanges.
723-2-2.10 Channel - means a transmission path for telecommunications between two points. It may refer to a one-way path or, when paths in the two directions are always associated, a two-way path. Generally a channel is the smallest subdivision of a transmission system by means of which a single type of communication service is provided. A voice grade transmission channel has a nominal bandwidth of 4000 HZ.
723-2-2.11 Class of Service - means a description of telecommunications service furnished a customer, which denotes such characteristics as nature of use (business or residence) or type of rate (flat rate, measured rate, or message rate). Classes of service are usually subdivided in grades, such as individual line, two-party or four-party.
723-2-2.12 Commission - means the Public Utilities Commission of the State of Colorado. 723-2-2.13 Community of Interest - means an area consisting of one or more exchanges in which the general population has similar governmental, health, public safety, business or educational interests.
723-2-2.14 Customer Trouble Report - means any oral or written report from a customer or user of telecommunications services relating to a physical defect or to difficulty or dissatisfaction with the operation of the service provider's facilities. Only one report per day shall be counted for each oral or written report received from a customer in the same day, when and only if it duplicates a previous report or merely involves an inquiry concerning progress on a previous report. 723-2-2.15 Customer - means any person, firm, partnership, corporation, municipality, cooperative, organization, governmental agency, or other legal entity which has applied for, been accepted, and is currently receiving telecommunications service. A residential customer's use of telecommunications service is primarily of a social or domestic nature while a commercial customer's use is primarily of a business, professional, institutional or other occupational nature. 723-2-2.16 Decibel - is the unit of measurement for the logarithmic ratio to the base 10 of two power signals. The abbreviation dB is commonly used for the term decibel. 723-2-2.17 Decibel above Reference Noise Level using C-Message Weighting - is the meaning of the abbreviation dBrnC. The reference noise level of one picowatt is defined as 0 dBrnC. C-message weighting is used to account for the frequency characteristics of a typical telephone set by specific weighting of the noise signal at various frequencies to determine the composite average noise signal value.
723-2-2.18 Dial Tone or its Equivalent - means (1) the signal placed on a local access line by the wireline service provider signaling that the network is ready to receive a call from the subscriber, or, (2) the receipt by a wireless service provider of the caller's dialed digits without a “system busy” response.
723-2-2.19 Dual tone multifrequency signaling - means a method of signaling used on a local access line which uses a simultaneous combination of one of a lower group of frequencies and one of a higher group of frequencies to represent each digit or character transmitted from the customer's station to the central office.
723-2-2.20 Enhanced 911 (E911) - means a telephone system which includes such features as automatic number identification, automatic location identification and call routing features to facilitate public safety response. This system and its requirements are further described within the Rules Prescribing the Provision of Emergency Reporting Services for Emergency Telecommunications Service Providers and Telephone Utilities, (4 CCR 723-29). 723-2-2.21 Exchange Area - means a geographical area established by the Commission, which consists of one or more central offices together with associated facilities which are used in providing basic local exchange service. Calls within an exchange area are considered local calls. 723-2-2.22 Exchange - means the entire telecommunications plant and facilities used in providing telecommunication service to customers located in a geographic area defined by tariff. An exchange may contain more than one central office switch location or wire center. 723-2-2.23 Flat Rate Service - means telecommunications service furnished at a fixed monthly recurring charge without separate billing for the number, time of day, distance, or duration of calls. 723-2-2.24 Governing body - means a board of county commissioners, the governing body of a city or town, the board of directors of a special district, etc. responsible for reception of E911 calls as further described within the Rules Prescribing the Provision of Emergency Reporting Services for Emergency Telecommunications Service Providers and Telephone Utilities, (4 CCR 723-29). 723-2-2.25 Grade of Service - means the number of customers served on a telecommunications channel such as one-party, two-party, four-party, etc.
723-2-2.26 Held Service Order - means 723-2-2.26.1 for all LECs except Rural Telecommunications Providers, an application for establishment of basic local exchange service, as defined in Rule 2.2, in the service territory of the LEC which the LEC is unable to fill by the customer's requested service date. The application shall be notice to the LEC that the customers desires service. Oral or written requests shall be considered application for this purpose. 723-2-2.26.2 for Rural Telecommunications Providers, an application for establishment of basic local exchange service, as defined in Rule 2.2, in the service territory of the Rural Telecommunications Provider, which is not filled because of the inability of the LEC to supply service in 30 days after the date of the customer's application, except when the customer requests a later service date. The application shall be notice to the LEC that the customer desires service. Oral or written requests shall be considered application for this purpose.
723-2-2.27 Hertz - is the unit measurement for frequency and is equal to one cycle per second. The abbreviation HZ is commonly used for the term Hertz.
723-2-2.28 Individual Line Service or its Functional Equivalent. - means a grade of basic local exchange service that permits users to have exclusive use of a dedicated message path for the length of a user's particular transmission using a wireline subscriber loop or access line, or, in the case of wireless telecommunication service, use of radio spectrum share among users to provide service. Individual Line Service is provided via the Local Access Line (see Rule 2-2-32). 723-2-2.29 Intercept Service - means a service arrangement provided by the service provider so that calls placed to a disconnected or discontinued telephone number are intercepted and the calling party is informed that the called telephone number has been disconnected, or discontinued, or changed to another number, or that calls are being received by another telephone number, etc. 723-2-2.30 Jurisdictional Service - means any telecommunications service subject to the authority of this Commission under the statutes of the State of Colorado. 723-2-2.31 Local Access and Transport Area (LATA) - means each local access and transport area which has been designated in this state. A LATA may encompass more than one contiguous local exchange service area in this state which serves common social, economic, or other purposes, even when that area transcends municipal or other local government boundaries 723-2-2.32 Local Access Line - means a providing a telecommunications channel or message path between a customer's service location and the serving central office or remote switch. 723-2-2.33 Local Calling Area - means the geographic area approved by the Commission as a community of interest in which customers may make calls without payment of a toll charge. The local calling area may include exchange areas in addition to the serving exchange area. 723-2-2.34 Local Exchange Carrier (LEC) - means any person, firm, partnership, cooperative organization, corporation, or other legal entity engaged in the business of furnishing telecommunications service to the public under the jurisdiction of this Commission, and when all or part of these services are defined by this Commission to fall within the provisions of Section 40-15-201(2) C.R.S. Pursuant to C.R.S. 40-15-201(1), a provider of basic local exchange service is a local exchange carrier.
723-2-2.35 Local Usage is the local exchange usage necessary to place and receive calls within a local calling area that reflects the community of interest, as established by Rule 17.3, of the area in which the customer is located.
723-2-2.36 Measured Rate Service - means a basic local exchange service that depends on measurement of actual usage (i.e. number, duration, time of day, or length of haul) to compute the local usage charges which apply for outgoing calls completed on a local basis. 723-2-2.37 Message Rate Service - means a basic exchange service that charges for each outgoing completed local call in excess of a specified allowance of those calls during the billing period. 723-2-2.38 Out-of-Service Trouble Report - occurs when a customer reports no dial tone, or an inability to make calls, or an inability to receive calls or that service quality has deteriorated to such an extent that normal conversation on the line is not possible, or that the customer is incapable of sending or receiving a facsimile or data transmission at a minimum of 2400 bits per second. 723-2-2.39 Outside Plant - means the telecommunications equipment and facilities installed on, along, or under streets, alleys, highways, or on private rights-of-way between central office and customers' locations or between central office.
723-2-2.40 Party Line Service - means a grade of Basic Local Exchange Service which provides for a number of customers to be served by the same central office channel. 723-2-2.41 Private Line Service - means any point-to-point or point-to-multi-point service dedicated to the exclusive use of an end-user for the transmission of any telecommunications service. 723-2-2.42 Public Interest Payphone - a payphone which (1) fulfills a public policy objective in health, safety, or public welfare, (2) is not provided for a location provider with an existing contract for the provision of a payphone, and (3) would not otherwise exist as a result of the operation of the competitive marketplace.
723-2-2.43 Rural Telecommunications Provider. A local exchange provider that meets at least one of the following four criteria:
723-2-2.43.1 provides common carrier service to any local exchange carrier study area, as defined by the Commission, that does not include either: 723-2-2.43.1.1 any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most recently available population statistics of the United States Bureau of the Census; or 723-2-2.43.1.2 any territory, incorporated or unincorporated, included in an urbanized area, as defined by the United States Bureau of the Census as of August 10, 1993;
723-2-2.43.2 provides basic local exchange service, to fewer than 50,000 access lines; or 723-2-2.43.3 provides basic local exchange service to any local exchange carrier study area, as defined by the Commission, with fewer than 100,000 access lines; or 723-2-2.43.4 has less than 15 percent of its access lines in communities of more than 50,000 inhabitants.
723-2-2.44 Station - means a device and any other necessary equipment at the customer's premises which allows the customer to establish and continue communication. 723-2-2.45 Switched Access - means the services or facilities furnished by a local exchange company or carrier, to interexchange providers or carriers, which allows them to use the basic exchange network or the public switched network for origination or termination of interexchange telecommunications services.
723-2-2.46 Tariff - means the entire body of rates, tolls, rentals, charges, classifications, maps and rules adopted and filed with the Commission by a LEC or any other service provider as required by the Commission. Tariff Sheet means an individual page of the tariff. 723-2-2.47 Telecommunications Service Provider (Provider) - means any firm, partnership, cooperative organization, corporation, or other legal entity engaged in the business of furnishing telecommunications service to the public under the jurisdiction of this Commission. This term also includes telephone utilities and telephone corporations as described in § 40-1-103(1), C.R.S. 723-2-2.48 Telecommunications Service - means the electronic or optical transmission of information between separate points by prearranged means.
723-2-2.49 Toll Service - means the furnishing of telecommunications service between stations of different customers in different exchange areas or local calling areas, as defined by the Commission. This jurisdictional service is provided by either intra- or interLATA carriers and is also referred to as message telecommunication service (MTS), message toll or interexchange telecommunications service.
723-2-2.49.1 Toll Limitation Service - means the furnishing of either toll blocking or toll control for LECs incapable of providing both services. For LECs that are capable of providing both services, “toll limitation” denotes both toll blocking and toll control. 723-2-2.49.1.1 “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. 723-2-2.49.1.2 “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.
723-2-2.50 Transmission Insertion Loss - means the ratio, expressed in decibels, of the power delivered to the load, station, in the case of an access line or channel, before and after activation of the channel. For the purpose of these rules, insertion loss will be considered equivalent to transducer loss which is the ratio of available power from a power source connected to one end of a channel or access line to the delivered power at the load, station or standard impedance, connected to the other end of the channel.
723-2-2.51 Voice Grade Access to the public switched network - means the functionality that enables a user of telecommunications services to transmit voice communications, including signaling the network that the caller wishes to place a call, and to receive voice communications, including receiving a signal indicating there is an incoming call. For purposes of Rule 17.1, voice grade access shall occur within the frequency range of approximately 300 Hertz and 3,000 Hertz, for a bandwidth of approximately 2,700 Hertz.
723-2-2.52 Wire Center - means the building which houses the local equipment from which communications services are furnished and facilities are terminated which furnish service within a designated wire center serving area.
723-2-2.53 Wire Center Serving Area - means the geographic area of an exchange area served by a single wire center.
RECORDS AND REPORTS RULE (4 CCR) 723-2-3. LOCATION OF RECORDS.
Unless otherwise authorized by the Commission, all records required by these rules shall be kept within the state and shall be made available to the Commission or its authorized representatives at any time upon request.
RULE (4 CCR) 723-2-4. RETENTION OF RECORDS.
Unless otherwise authorized by the Commission, all records required by these rules shall be preserved for the period of time specified by Rule 25 of the rules of Practice and Procedure of this Commission, but in no event less than a minimum of 24 months after the date of entry of the record if the retention length is not specifically noted under the preceding reference.
RULE (4 CCR) 723-2-5. REQUIRED RECORDS AND REPORTS TO BE FILED WITH THE COMMISSION.
723-2-5.1 Annual Report. Each LEC and each MTS provider within this state shall file an Annual Report in accordance with the Rules of Practice and Procedure unless specifically exempted by this Commission. All other providers shall produce an Annual Report only as ordered by the Commission.
723-2-5.2 Rate Schedule and Regulations. Each LEC shall have its tariff for all jurisdictional services and the rules and regulations for the LEC services, as well as the general relationship between the LEC and its customers on file with the Commission in accordance with the Rules of Practice and Procedure or other rules contained within the Rules Regulating Telecommunication Service Providers as prescribed by the Commission or any other information required by statute to be filed with the Commission. Other providers within this state shall file tariffs unless specifically exempted by the Commission.
723-2-5.3 Exchange Maps. Each LEC shall have on file with the Commission an exchange area boundary map for each of its exchanges within the State. Each map shall show clearly the boundary lines of the area which the LEC holds itself out to serve in connection with the exchange. Exchange boundary lines shall be located by appropriate measurement to an identifiable location where that portion of the boundary line is not otherwise located on section lines, waterways, railroads, roads, etc. Maps generally shall contain detail as shown on county highway maps. The map scale and other sufficient detail shall be shown to permit the location of exchange service area boundaries in the field.
723-2-5.4 Line Extension Policy. Each telecommunications service provider shall maintain rules and regulations on file with the Commission as part of its tariffs which state the conditions and circumstances under which line extensions or extensions of service by the telecommunications service provider or by other entities under contract to the telecommunications service provider will be made in order to render service to prospective end-use customers within the exchange area. The applicability of a telecommunications service provider's line extension tariffs shall not unduly discriminate among the provider's prospective end-use customers by class of service. The tariffs shall include schedules of charges for service connections, extensions and line mileage. A telecommunications service provider that receives support from the Colorado High Cost Fund (“Fund”), as defined within the Commission's Rules (4 CCR 723-41), or any other price support mechanisms established by the federal government and by this state shall provide a construction credit to a prospective end-use customer which reflects the amount of its capital investment which is supported by revenue received from the customer revenue stream, the CHCF and all other price support mechanisms established by the federal government and by this state for that area (i.e., its supported costs). Copies of the rules and regulations shall also be on file in the business offices of the telecommunications service provider and shall be available for inspection by the public during regular business hours.
723-2-5.5 Accidents.
723-2-5.5.1 Within 24 hours of receiving knowledge of an incident, each provider shall report to the Secretary of this Commission each accident happening in connection with the operation of its property, facilities; or, as otherwise related to jurisdictional service in this state, resulting in death or hospitalization under the medical definition of serious condition; or where any serious property damage resulted in the destruction or temporary loss of use of a facility or specific piece of equipment for more than 24 continuous hours in which the provider has an investment of at least 1 million dollars. The report to this Commission shall describe in detail:
(a) Date, time, place, location of accident (b) Extent of injuries and other damage (c) Names of all parties involved (d) Type of accident In addition, all providers shall immediately, upon the setting of any formal investigation of the accident, notify the Commission of the date, time and place of the investigation. 723-2-5.5.2 All accident reports submitted to the Commission by the provider shall be treated by the Commission, its staff and employees, as confidential. 723-2-5.6 For each service interruption under the criteria of 15.1.3 for which the LEC is unable to provide emergency service, the LEC shall, on a quarterly basis, file a record for the preceding three months showing the same information as required under 6.3 plus and explanation as to why, under the requirements of 15.1.3, emergency service was unavailable. RULE (4 CCR) 723-2-6. RECORDS AND REPORTS TO BE MAINTAINED BY THE TELECOMMUNICATIONS SERVICE PROVIDER.
723-2-6.1 Complaints. Each provider shall maintain an accurate record of all oral and written complaints made by its customers regarding service, or rates and charges. This record shall include the name and address of the customer or complainant, the time, date and nature of the complaint, the action taken to clear trouble, and the date and time of trouble clearance. The record of complaints shall be categorized to indicate to the provider and to the Commission whether any particular customer encounters the same difficulties frequently, in terms of complaints per month, including customer trouble reports, whether a large number or percentage of all complaints from different customers arise from the same irregularity in service, with 5 percent or more of all complaints over a three month period being considered significant, or whether some phase of the construction, equipment, maintenance or operation are causing the complaints.
723-2-6.2 Held Service Applications.
723-2-6.2.1 During periods of time when the LEC may not be able to supply service to customers in areas of an exchange currently served by the LEC within the time frames established in Rule 2.26, the LEC shall keep a record for each wire center serving area showing the name and address of each applicant for service, the date of application, the class type and grade of service applied for, (e.g., first line or additional line), together with the reason for the delay in providing the service to the applicant, and the expected date of service.
723-2-6.2.2 When the number of held service orders exceeds 50 access lines at a wire center providing service to 2,000 or more access lines, or 20 held service orders at a wire center serving fewer than 2,000 access lines, the LEC shall maintain a summary of applications for each affected wire center showing the total number categorized by various causes for delay and by dates of application.
723-2-6.2.3 The LEC shall, within five (5) working days submit to the Commission a report showing the information required by Rule 6.2.1, and the number of days service has been delayed, when the lesser of 50 or 5 percent of the total number of service applications in a wire center in a consecutive three-month period are held service orders. The LEC shall further submit, within 14 calendar days, a report of its proposed action to reduce the number of those held service orders to fewer than the lesser of 50 or five percent of the total number of service applications in that wire center. 723-2-6.3 Service Interruptions. Each LEC shall keep a record showing all interruptions affecting service in an entire exchange area or any major portion of it that affects the lessor of 25 percent or 1,000 if the exchange's local access lines for one or more hours during the day. This record shall show the date, time, duration, extent and cause of the interruption. 723-2-6.4 Maintenance and Operations Records. Records of various tests and inspections, to include non-routine corrective maintenance actions or monthly traffic analysis summaries for network administration, necessary for the purposes of the provider or to fulfill the requirements of these rules shall be kept on file in the office of the provider as required under Rule 4. Corrective maintenance records shall show the line or facility, such as metering and recording equipment, that was tested or inspected. The records shall also include the reason for the test, the general conditions under which the test was made, the results of the test, and the corrections made.
6.5 Plant Facilities. Each provider shall keep complete maps and records showing the location and description of its plant and facilities, including the number of toll circuits and interexchange circuits, the nature and amount of plant and equipment used in providing telecommunications service and when applicable the extent of the area served by the LEC.
6.6 Operator Services Instructions. Each provider shall have written rules and instructions for service operators or entities operating a jurisdictional service on behalf of the provider available for inspection, if it provides an operator assistance service to the general public. RULES FOR RELATIONS BETWEEN CUSTOMERS AND THE TELECOMMUNICATIONS SERVICE PROVIDER RULE 7. RULES RELATING TO COMPLAINTS AND APPEALS.
7.1 Prompt Investigation. The provider shall fully and promptly investigate and respond to all oral and written complaints made directly to the provider by its applicants or customers. The provider shall notify the customer promptly of the results of its proposed disposition of the complaint after having made a good faith attempt to resolve the complaint. Upon request by the customer, the provider shall inform the customer in writing of its proposed disposition of the complaint.
7.2 Provision of Information. The provider shall direct its personnel engaged in initial contact with an applicant or customer in which dissatisfaction with the decision or explanation by the personnel is expressed, to inform the customer of the right to have the problem considered and acted upon by another consumer representative or supervisory personnel of the provider. If the applicant or customer continues to express dissatisfaction after the supervisory personnel have addressed the problem, the provider shall further direct the supervisory personnel to provide the complainant with the name, address and the current local, or where applicable, the current toll free telephone number of the External Affairs Section of the Commission Staff to be contacted for further review of an unresolved problem.
7.3 Response to Commission. Upon receipt of a complaint, either orally or in writing, from the Commission or its staff on behalf of a customer or applicant, the provider shall make a suitable investigation and advise the Commission or its staff of the results. An initial oral or written response to the Commission or its staff shall be provided within 10 working days after receipt of the complaint by the provider. If requested by the Commission or its staff, a written final response detailing the disposition of the complain by the provider shall be provided to the External Affairs Section or to the Executive Secretary of the Commission as requested by the Commission or its staff.
RULE 8. RULES RELATING TO CUSTOMER DEPOSITS.
8.1 General Intent and Guidelines.
8.1.1 It is in the public interest for each provider to administer fairly and in a nondiscriminatory manner, a written policy to allow an applicant for service to establish credit for service with the provider or for an existing customer to reestablish credit. The essential ingredient in each provider's administration of a deposit policy shall provide for equitable and nondiscriminatory application of this Rule 8. For the purpose of this Rule 8, a MTS provider which is the designated jurisdictional provider for a minimum of 10,000 customers or 50,000 access line shall meet the same requirements as a LEC, unless specifically exempted by the Commission. Other providers may establish a deposit policy if it is consistent with the previously stated general intent for those policies and is in accordance with the references to all providers in this Rule 8.
8.1.2 A LEC may require at any time from a customer or a prospective customer, a cash deposit intended to guarantee service provided by the LEC, but only in accordance with the provisions of this Rule 8.
8.1.3 The LEC shall direct its personnel normally engaged in contact with applicants for service, or customers seeking to establish or reestablish credit under the provisions of these rules, to inform customers expressing nonacceptance of the decision of LEC personnel, of their right to have the problem considered and acted upon by another consumer representative or supervisory personnel of the LEC. If the applicant or customer continues to express dissatisfaction after the supervisory personnel have addressed the problem, each LEC shall further direct the supervisory personnel to provide the applicant or the complainant with the name, address and the current local, or where applicable, the current toll free telephone number of the External Affairs Section of the Commission for further review of an unresolved problem.
8.1.4 The LEC shall establish a written procedure for determining an applicant's credit status. The LEC shall give this written procedure to all its employees who process applications for service to determine credit status. The LEC shall make this procedure available for inspection by the public upon request at each of its business offices. A copy of these procedures shall also be provided to the Executive Secretary of the Commission.
8.1.5 The LEC shall post a notice in each of its business or payment offices in this state advising the public that the Commission's deposit rules are available for inspection upon request.
8.2 Criteria for Establishment and the Amount of a Deposit.
8.2.1 Each LEC shall determine credit worthiness in an equitable and nondiscriminatory manner. The decision to require a deposit shall be based solely on the customer's or applicant's credit history and shall not be based upon location, income level, source of income, occupation, race, creed, sex, national origin, martial status, or number of dependents. The LEC shall use the following criteria to determine whether to require a deposit, a guarantee, of other payment as a condition of new or continued service:
(a) The LEC may require existing customers to make deposits if their payment records show substantial nonpayment for jurisdictional services provided by the LEC in any two of the last six months, or three of the last twelve months. A deposit may be required even if such customers have paid a part of the amount owed before the date of service disconnect for nonpayment. The LEC must give the customer written notice of the amount of the deposit that is required. The written notice shall inform the customer that the deposit payment must be received in 15 calendar days.
(b) The LEC may require an existing commercial customer to make a deposit if the LEC has reason to believe the customer's credit worthiness is in jeopardy. The LEC shall keep on file the information or reason for this credit judgement and make the information available to the customer upon request. Unless the LEC can reasonably demonstrate that the commercial enterprise is likely to cease operation, information which would lead the LEC to change its judgment of the customer's credit worthiness shall be limited to bad debt records or tax liens.
(c) Existing customers may be required by a LEC to pay a deposit in full without the notice requirements of 8.2.1(a) before service is restored whenever the denied service has been disconnected for non-payment of outstanding charges.
(d) A deposit is not required if the applicant or customer furnishes, to the LEC's satisfaction, a third-party guarantor to secure payment of the customer's bills for jurisdictional services provided by the LEC. The guarantee must be in writing. The amount of the guarantee cannot exceed the maximum amount of the deposit which would otherwise have been required. The guarantee shall remain in effect until terminated in writing by the guarantor, or until the customer has achieved a satisfactory payment record for jurisdictional services for 12 consecutive months. The LEC shall terminate the guarantee five working days after receiving the written notice from the guarantor or five working days after the 12 months satisfactory payment record ends.
(e) A deposit is not required if the applicant has been a customer of the LEC for a similar type of service within a preceding 12 consecutive month period, and applicant's credit was satisfactory and is not otherwise impaired.
(f) Under special circumstances, the Commission may authorize the LEC to waive deposit requirements for certain groups of customers eligible for tariffed discount programs.
8.2.2 The amount of the deposit which may be required of a customer or applicant for the purpose of establishing credit shall not exceed three times the average monthly bill, or twice the average monthly bill for residential customers whose bills are payable in advance, for jurisdictional services provided by the LEC for the same class of customers served by the LEC. However, an estimate of the monthly bill for toll services furnished by another provider can be included in the estimated total monthly bill for jurisdictional services furnished by the LEC when there is a binding contractual relationship between the LEC and the toll service provider under the conditions described in paragraph 9.3.3 of Rule 3 of Section C. An estimate of monthly billing may be used for the purpose of determining a deposit if the LEC can reasonably demonstrate that the customer's usage may be substantially different than the average usage for the same class of service.
8.2.3 The amount of deposit may be adjusted on the basis as stated in paragraphs 8.2.1 and 8.2.2, at the request of the customer or by the LEC at any time when the character, purpose, or degree of the customer's use of the service has materially changed, or when it is indicated that it will change.
8.2.4 A deposit required under this rule may be in addition to any advance, contribution or guarantee in connection with construction of lines or facilities, as provided in the extension policy of the LEC's tariffs on file with the Commission.
8.2.5 In the event a customer requests a hearing on the proposed termination of service, the Commission may set the matter for hearing in accordance with the Rules of Practice and Procedure of the Commission. Upon motion by the LEC, the deposit or bond with the LEC in such amount as the Commission deems reasonable.
8.3 LIMITATION ON THE USE OF DEPOSITS.
8.3.1 The making of a deposit shall not relieve any customer of the obligation to pay current bills when due. A deposit shall only be applied to the indebtedness of the customer for jurisdictional telecommunications services of the provider. However, consistent with Paragraphs 8.2.2 and 9.3.3 of these rules, the deposit may be applied to the indebtedness of the customer to a toll service provider which has a contractual billing relationship with the LEC.
8.3.2 No provider shall require any security other than a cash deposit or a third-party guarantee to secure payment for jurisdictional telecommunications services. In no event shall the furnishing of jurisdictional services or extension of facilities or any connected indebtedness result in a lien, mortgage or other security interest in any real or personal property of the customer, unless the indebtedness has been reduced to a judgment in a court of law.
8.3.3 If requested by the customer or applicant that has made the deposit, a receipt for deposits held by a LEC may be transferred between applicants or customers at the discretion of the LEC.
723-2-8.4 Payment Arrangements on Deposits.
Any applicant or existing customer who is required by a LEC or an MTS provider acting under the requirements of this rules to pay a deposit for jurisdictional services may elect to pay the deposit in full, prior to receiving service, or enter into a written installment agreement for payment of the deposit. The terms of the installment agreement shall be within the following conditions: 723-2-8.4(a) When the combined deposits for all jurisdictional services of providers subject to this rule exceeds $75.00 per access line, the applicant or customer shall not be required to pay more than one-half of the deposit prior to the provision of service. The remainder of the deposit shall be due not less than 30 days after the date the agreement is executed or the provision of service whichever is later. 723-2-8.4(b) When an applicant or customer enters into an installment agreement to pay a deposit, the LEC shall provide written notice explaining its deposit requirements. The notice shall specify the date each installment payment shall be due and shall include a statement printed in bold-face type that the service will be discontinued if payment is not received when due.
723-2-8.4(c) Should discontinuance for non-payment of a deposit occur, the customer shall be required to pay the full amount of that deposit, as well as any additional amounts owed the LEC before service is restored.
723-2-8.4(d) The foregoing, notwithstanding, a LEC shall not be required to afford a customer the option to enter into an installment agreement for payment of a deposit when a deposit is required because service has been denied or discontinued in accordance with the provisions of Rule 9.
RULE (4 CCR) 723-2-8.5 CUSTOMER DEPOSITS 723-2-8.5.1 Simple interest shall be paid by the LEC upon a deposit at the percentage rate per annum as calculated by the Staff of the Commission and in the manner provided in this Rule, payable upon the return of the deposit, or annually at the request of the customer. Interest on a deposit shall be earned for the time the deposit is held by the LEC, and shall be calculated from the date the deposit is received by the LEC to the date of payment to the customer or to the date the deposit is credited to the customer's account. Interest payments, at the option of the utility, may be paid directly to the customer or by a credit to the customer's account.
723-2-8.5.2 The simple interest rate to-be paid on customer deposits shall be determined by the Commission Staff on an annual basis. The rate shall be computed at a rate equal to the average for the period October 1 through September 30 (of the immediately preceding year) of the 12 monthly average rates of interest expressed in percent per annum, as quoted for one-year United States Treasury constant maturities, as published in the Federal Reserve Bulletin, by the Board of Governors of the Federal Reserve System. If the difference between the existing customer deposit interest and the newly calculated interest rate is 25 basis points or more, the newly calculated interest rate shall be used beginning January 1 of the following year; otherwise the rate shall remain unchanged. When it is determined that a change in the interest rate is warranted, the Commission shall send a letter to each provider within the state by November 15th identifying the new rate to be paid on deposits beginning January 1 of the next year. Following notification by the Commission, each provider shall file an Advice Letter and revised tariff on not less than one day's notice, 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 45 days between the date of the notification letter and the effective date of the rate change. 723-2-8.5.2.1 A LEC may concur in the interest rate contained in the tariff of another jurisdictional utility's rates. When a LEC concurs in the interest rate contained in the tariff of another jurisdictional utility, the LEC shall prominently display the Staff letter in its business office, so it can be read by interested customers.
8.6 Deposit Records.
8.6.1 The LEC shall keep a record of each cash deposit until the deposit is returned. The record shall show the following:
(a) The name of each customer making a deposit;
(b) The premises occupied by the customer when making the deposit and each successive premises occupied while the deposit is retained by the LEC;
(c) The amount and date of making the deposit; and (d) A record of each transaction, such as the payment of interest, interest credited, etc., concerning the deposit.
8.6.2 Concurrently with receiving a deposit, the provider shall provide the applicant for service or customer a receipt showing the deposit date, the name and billing address of the applicant or customer, and the amount of the deposit.
8.6.3 No provider shall refuse to return a deposit or any balance to which a customer may be entitled solely upon the basis that the customer is unable to surrender his receipt. In case of loss of the receipt, the service provider may require an affidavit from the customer stating proof of his eligibility to receive refund on the deposit. If the provider still maintains a deposit refund is unwarranted, the problem shall be treated as a customer complaint and referred to the External Affairs Section of the Commission Staff under Rule 7.2.
8.7 Refund of Deposits.
8.7.1 Upon discontinuance of service, or when a customer establishes credit by other means, the LEC shall promptly refund any deposit, plus accrued simple interest, or the balance, if any, in excess of the unpaid bills for the jurisdictional services furnished by the LEC. A transfer of service from one location to another within the area served by a LEC shall not be deemed a discontinuance of service with the LEC if the character of the service remains unchanged.
8.7.2 When a deposit, with any associated interest, is applied to the liquidation of unpaid bills, the provider shall mail, or otherwise deliver to the customer, a statement showing the amount of the original deposit, plus any accrued interest, the amount of unpaid bills liquidated by the deposit, plus any interest and the balance remaining due either to the customer or the service provider.
8.7.3 Unless the LEC has obtained sufficient factual information to determine that a customer is an unsatisfactory credit risk based upon the criteria described in this Rule 8, the LEC shall promptly refund a customer's deposit, plus interest, upon satisfactory payment of all proper charges for 12 consecutive months.
8.7.4 The LEC shall annually review accounts of customers with deposits and shall refund deposits in accordance with paragraph 8.7.3.
8.7.5 At the option of the LEC, a deposit plus accrued interest may be refunded in whole or in part at any time earlier than the times prescribed in paragraph 8.7.4.
8.7.6 In any event, if there is a balance due the customer after service is discontinued and a final bill is rendered by the provider, that balance shall then be due and payable within 10 working days to the customer without demand or notice from the customer.
8.7.7 When a refund of the deposit cannot be made on the first attempt, the provider will make a reasonable effort to make the refund.
8.7.8 Upon customer request when a deposit is refunded, the provider shall render to the depositor a statement showing the amount of the deposit, the period the deposit was held, and the amount of interest refunded.
8.8 Tariffing of Deposit Policy. Each LEC shall file as part of its tariffs a brief statement stating its deposit requirement policy, explaining under what circumstances a deposit shall be required and when the deposit shall be returned.
RULE 9. DENIAL OR DISCONTINUANCE OF SERVICE.
9.1 Disconnection Without Notice. No LEC or MTS provider may deny or discontinue service to a customer without prior written notice except for the following reasons:
(a) If a condition immediately dangerous or hazardous to life, physical safety, or property exists; or (b) Upon order by any court, the Commission, or any other duly authorized public authority; or (c) If service was obtained fraudulently or without the authorization of the provider or is being used for, or suspected of being used for, fraudulent purposes.
9.2 Disconnection With Notice. A LEC or the sole provider of a jurisdictional toll service with 1+ dialing capability within the exchange may suspend or discontinue service without suspension or, following suspension of service, sever the connection and remove any of its equipment from the customer's premises in the exchange after prior written notice only for one of the following reasons:
(a) Non-payment of any past due bill for jurisdictional services. The due date shown on the bill must be at least 10 days after the date of the bill issuance or five days after the date of mailing whichever is later. Solely for the purposes of 9.2, a bill is past due if not paid within 30 days of the due date.
(b) Violation or non-compliance with the Commission's Rules and Regulations governing application for and supply of services by providers.
(c) Obtaining service by subterfuge which includes, but is not restricted to, an application for service at a location in the name of another party by a customer whose account is delinquent and who continues to reside at the premises.
(d) Violation of any rule of the LEC or toll service provider on file with and approved by the Commission which may adversely affect the safety of the customer or other persons or the integrity of the provider's service.
(e) Failure to comply with municipal ordinances or other laws pertaining to telecommunications service which may adversely affect the safety of the customer or other persons or the integrity of the provider's service.
(f) Failure of the customer to permit the LEC or toll service provider reasonable access to its facilities or equipment.
723-2-9.3 Restriction on Denial or Discontinuation of Service. 723-2-9.3.1 Jurisdictional service cannot be denied or discontinued for delinquency or nonpayment of charges for service unless the customer has been issued a bill for the charges consistent with the billing requirements under Rule 10. 723-2-9.3.2 Delinquency in payment for service rendered to a previous occupant of the premises to be served, unpaid charges for services of facilities not ordered by the present or prospective customer, or failure to pay directory advertising charges or any other indebtedness except as incurred for jurisdictional telecommunication service rendered by the LEC or the toll service provider in the State of Colorado shall not constitute a sufficient cause for refusal or termination of jurisdictional service to a present or prospective customer. However, consistent with the intent of 9.1(c), jurisdictional services may be denied or discontinued when the provider can reasonably demonstrate it is being used to obtain unauthorized access to a toll service of the provider available to the general public under the interstate jurisdiction.
723-2-9.3.3 A telecommunications service provider may not use its purchase of a customer's indebtedness, i.e. the accounts receivable, from another telecommunications service provider as a basis for requiring monetary interest from or a deposit by that customer or to deny or discontinue providing its jurisdictional services to that customer. Nothing in this Rule 9.3.3 shall preclude a telecommunications service provider from requiring a deposit when the provider complies with the requirements of Rule 8 of 4 CCR 723-2. 723-2-9.3.4 If the customer continues to pay all current bills, which is defined for the purpose of 9.3.4, as that portion of the amount owed by the customer for jurisdictional services that is not more than 30 days overdue, a LEC or jurisdictional MTS provider serving as the designated carrier for a minimum of 10,000 customers or 50,000 access lines shall not discontinue service for non-payment of a past due amount for jurisdictional services when the customer has entered into an amortization agreement with the LEC or MTS provider. Payments for current bills shall first be credited by a LEC to basic local exchange service. Past due amounts collected under the amortization schedule shall first be applied by a LEC to eliminating any over-due payments for basic local exchange service. A reasonable period for amortization of past due amounts shall be six months for residential and three months for commercial customers. Amortization is not appropriate unless the past due amount of the customer is greater than twice the average monthly bill for the class of service to which the customer belongs over the last six months for the use of jurisdictional services provided by the LEC or MTS provider. Partial payments for current bills or for past due amounts shall first be credited to basic local exchange service, unless otherwise instructed by the customer.
9.3.5 In addition to the authority to disconnect without notice for fraudulent purposes under 9.1.
(c) and notwithstanding the foregoing provisions of 9.2 or 9.3.4, a LEC or MTS provider may disconnect toll service to a customer upon not less than seven days written notice, consistent with the remaining provisions of Rule 9, if the LEC or MTS provider has substantial reasonable grounds to believe and it is prepared to reasonable demonstrate that payment from the customer is in jeopardy for jurisdictional toll services.
9.3.6 Unless requested by the customer, a LEC shall disconnect dial tone only during the normal business hours of the LEC business or customer service offices. There shall be no disconnection of the dial tone from 12 noon on any day when the business or customer service offices of the LEC will not be open the following day until 8:00 a.m. the next day the business or customer service offices are open for a full business day.
9.3.7 A LEC shall postpone discontinuance of basic local exchange service to a residential customer for 30 days from the date of a certificate by a licensed physician which states that discontinuance of service will aggravate an existing medical emergency or create a medical emergency for the customer, a member of his or her family, or other permanent resident on the premises where service is rendered. This postponement may be limited to 60 days within a continuous 12 month period or a lesser period agreed upon by the LEC and the customer or physician.
This notice or certificate of medical emergency must be in writing and show clearly the name of the person whose illness would be exacerbated by discontinuance of service, and the name, title, and signature of the person giving notice of or certifying the medical emergency.
9.4 Notice Requirements.
9.4.1 The customer shall be notified in writing of the intention of a LEC or MTS provider to discontinue jurisdictional services and shall be allowed no less than 10 days in which to respond. The notice shall clearly state any amount due and the date by which it must be paid. In the event the customer does not pay or make arrangement for resolution of the dispute by that date, the LEC or MTS provider may discontinue service.
9.4.2 Except as provided by paragraph 9.1, notice of discontinuance of service in accordance with paragraph 9.4.1 of this Rule shall advise the customer how to contact the LEC or toll service provider to resolve any dispute, the amount and date due of any non-payment, information concerning the violation of any rule, and, in addition, the notice shall advise the customer of his rights under this rule as follows:
(a) The right to make an informal complaint to the Commission Staff by letter, telephone or in person;
(b) The right to request, in writing, a hearing before the Commission.
9.4.3 A notice for discontinuance of basic local exchange service must also include the following information.
(a) That the hearing will be conducted in accordance with the Rules of Practices and Procedure of the Commission;
(b) That the LEC may request the Commission to order the applicant for a hearing to post an additional deposit or bond with the LEC in an amount the Commission deems reasonable under the circumstances.
(c) That the Commission may order the LEC not to terminate service pending a hearing at the discretion of the Commission. Ordinarily, an order not to terminate service will be issued only if:
RULE 10. CUSTOMER BILLING REQUIREMENTS.
10.1 Billing Information.
10.1.1 Unless service is furnished under a contractual arrangement pursuant to a Commission order, all LEC bills to customers for jurisdictional telecommunications services shall be issued on at least a monthly basis and shall be typed or machine printed. A provider shall not require payment for jurisdictional charges which have not appeared on the customer's printed bill unless otherwise provided by these Rules.
10.1.2 All monthly bills issued by a LEC which include charges for jurisdictional services shall contain an itemization of charges for the following services and shall include, when applicable, but not be limited to:
(a) basic local exchange service as requested by the customer;
(b) when the customer is being billed under an optional message or measured service rate the bill shall also include a calculation of the cost of basic local exchange service under the flat rate applicable to the customer, as if the customer were a flat rate subscriber;
(c) extended area service, when segregated as a separate tariff element;
(d) other jurisdictional services separately stated, which shall include a listing of any deposit and the interest returned to a customer under the provisions of Rule 8;
(e) if the LEC has assumed responsibility of collection of toll charges for another provider or provides the toll service for the customer, it shall include an itemization of all toll calls charged to the account including, but not limited to, the date and time of the call, the length of the call in minutes, the destination of the call, or point of origin for collect and third party calls and the rate period applicable (i.e., day or peak rate discount/evening and night/economy or supersaver rate);
(f) the telephone number of the appropriate LEC business office;
(g) notification of when the bill is due;
(h) local, state and federal taxes, and;
(i) segregation of any nonjurisdictional charges for service or equipment from those for jurisdictional services with these charges being labeled as unregulated by this Commission.
(j) concurrent with the preceding itemization requirements, all optional services shall be identified as optional. Solely for the purpose of 10.1.2(j), an optional service is one that is not necessary to obtain basic local exchange service. Also charges levied by other governmental bodies, such as the Federal Communications Commission, on basic local exchange service are not to be classified as optional charges within the intent of 10.1.2(j).
10.1.3 Before the monthly bill issued by the LEC which includes charges for basic local exchange service can contain any charges for its nonjurisdictional services, the LEC shall be fully prepared to advise, upon the request of the customer, of the charges prior to use of the service by the customer in the same manner as outlined for jurisdictional services under paragraph 10.1.6 of this rule.
10.1.4 Any provider of toll services which directly bills its customers shall at least comply with the itemization of jurisdictional toll service charges and other information as outlined in 10.1.2(e) through 10.1.2(h).
10.1.5 If the LEC is able to provide an itemized billing for local message or measured charges, the customer using that rate may request call unit detail in advance for one billing period free of charge once every 12 months, or if a dispute exists as to the accuracy of the bill that has been brought to the Commission as a formal or informal complaint. This waiver of charges shall not apply to customers who contract with the LEC for monthly call detail.
10.1.6 The LEC or MTS provider shall provide an explanation of the rates, charges and provisions applicable to the service furnished or available under its local or general exchange tariffs when requested by customers, applicants or others desiring information. A LEC shall provide any information and assistance necessary to enable customers or applicants to choose form the lowest cost jurisdictional telecommunications service or other alternatives it provides which conform to the customer's or applicant's stated needs. This information may include printed explanations of alternate services and rates. Correspondingly, the LEC shall notify customers of any service connection charge to be applied to their bills prior to undertaking any action and shall provide an estimate of the initial billing for basic monthly service plus any other applicable charges separately stated for each additional service.
10.1.7 The customer shall be provided with an estimate of the charges where special charges not specifically stated in the LEC's tariff are levied on the basis of actual cost for such items as extraordinary construction, maintenance, or replacement costs or expenses, overtime work at the customer's request and special installations, equipment and assemblies used in conjunction with any jurisdictional service. Any estimate provided by a LEC shall not bind either the LEC or the customer to pay that amount, but rather the amount ultimately paid shall be based upon the charges as stated in a final contract or other binding agreement between the customer and the LEC.
10.1.8 Identification of FCC per Access Line Charge on Customer Bill. Each LEC shall identify on its monthly customer bill the Federally mandated interstate charge per access line as a charge not within the jurisdiction of the Colorado Public Utilities Commission jurisdiction.
10.2 Billing Disputes and Errors, General Refunds, and Bill Credits.
10.2.1 In the event of a dispute between the customer and the provider concerning any bill, the provider may require the customer to pay the undisputed portion of the bill to avoid discontinuance of service for non-payment. The provider shall make an investigation appropriate to the case, and report the results to the customer. In the event the dispute is not reconciled, the provider shall advise the customer that the customer may file a formal or informal complaint with the Commission for disposition of the matter.
10.2.2 Whenever the billing for jurisdictional service has not been determined accurately because of a LEC's omission or negligence, the LEC shall offer and enter into reasonable payment arrangements using the following criteria:
(a) Whenever a LEC overbills a customer for the service, the LEC shall offer the customer the choice of an immediate voucher refund when the amount exceeds the charges for two months of basic local exchange service, or a credit on future bills.
(b) Whenever a LEC underbills a customer for the service, the customer shall be allowed to make installment payments when the amount exceeds the charges for two months of basic local exchange service. Any installment payments under the provisions of this subsection of this rule may, at the option of the customer, extend over a time period equal in length to the period over which the errors were accumulated. The amount due would include no interest.
10.2.3 In the event the customer's jurisdictional service from a LEC is interrupted and remains out of order for more than 8 hours during a continuous 24 hour period after being reported by the customer, or found to be out of order by the LEC, (whichever occurs first) appropriate adjustments shall be automatically made by the LEC to the customer's bill.
10.2.3.1 The adjustment will be, at a minimum, a credit on the monthly bill for
10.2.3.2 The LEC will not be required to provide an adjustment for the loss of service during time periods due to the following conditions:
10.2.4 In the event the LEC misses a service call (i.e., an appointment for a premise visit associated with installation of new service or with a regrade of service) by more than four hours, the LEC shall make a credit to the monthly bill of the customer in the amount of one-third the tariffed rate that was to be charged. This credit shall also apply when the LEC misses scheduled installation work to be done in the central office.
10.2.5 Any provider proposing, or required by Commission order to make a refund to customers by class of service, shall file an application for Commission approval of the plan of refund in accordance with the Rules of Practice and Procedure. For a LEC, the application shall analyze the feasibility and costs of customer-specific refunds in lieu of a general refund.
10.2.6 The bill credit policies set forth in Rule 10.2 are minimum requirements. LECs that merely adopt Rule 10.2 as their bill credit policy are not required to file tariffs which incorporate these Rules. LECs that wish to have additional bill credit policies shall file a tariff that fully describes such additional policies. All bill credit policies shall be nondiscriminatory and nonpreferential. A copy of the minimum bill credit requirements set forth in these rules, together with andy additional bill credit policies adopted by the LEC, shall be provided to employees responsible for the administration of the policy. The Commission may, upon review, reject a tariff which it deems to be inconsistent with this rule. RULE 11. PUBLIC INFORMATION.
11.1 Business Offices. Each LEC shall have one or more business offices or customer service centers staffed to provide access in person or by telephone to qualified personnel, including supervisory personnel where warranted, to provide information relating to services and rates, accept and process applications for service, explain charges on customers' bills, adjust charges made in error, and to generally act as representatives of the LEC. If one business office serves several exchanges, toll-free calling from those exchanges to that office shall be provided.
11.2 Information Available From the Business Office. Each LEC shall, at a minimum, provide the following information to the public, as applicable and upon request, at each business office open to the public:
(a) Copies of all tariffs as filed with this Commission.
(b) For each exchange served by the business office, maps showing the exchange, base rate area and zone (if applicable) boundaries in sufficient size and detail from which all customer locations can be determined and mileage and zone charges measured from these boundaries can be quoted.
(c) Publicly announced information about the present and intended future availability of specific classes of service at the location of a potential customer.
(d) Publicly announced information concerning plans for major service changes in the area served by the business office.
(e) Information pertaining to services and rates as proposed in pending tariff or rate change filings.
RULE 12. DIRECTORIES FOR BASIC LOCAL EXCHANGE SERVICE.
12.1 General Distribution.
12.1.1 A LEC shall cause a telephone directory to be published annually for each exchange served by that LEC, listing the name, address and telephone number of all basic local exchange service customers served by that exchange except those requesting omission of their listing from the directory. When extended area service is provided, the directory listings shall include all exchanges involved in the extended area service. The directory shall also include a listing by trade or type of service offered of all businesses within the exchange.
12.1.2 While all telephone directories shall be revised annually, reasonable extensions may be made where wholesale number changes will be necessary in the immediate future as, for example, in connection with central office area cutovers. The LEC may also petition to the Commission for an extension of the annual directory updating if it can show that the annual requirement is unnecessary due to a relatively small number of changes resulting from new listings or changed numbers.
12.1.3 Upon issuance, the LEC shall cause a copy of each directory to be distributed free of charge to all customers served by that directory with at least one copy provided for each access line of the customer. A copy of each directory published for each LEC shall be annually furnished to the Commission. A LEC shall furnish additional free directories in response to a reasonable request from any customer. Upon written request, public libraries within this state shall be furnished free copies of the directories for all exchanges served by the LEC within this state.
12.2 Directory Information and Instructions.
12.2.1 The name of the serving LEC, an indication of the area included in the directory and the month and year of issue shall appear on the front cover. Information pertaining to emergency calls such as for the police and fire departments shall appear conspicuously in the front part of the directory.
12.2.2 The directory shall contain instructions concerning placing local and long distance calls, calls to repair and directory assistance services, and locations and telephone numbers of the LEC's business offices appropriate to the area served by the directory.
12.2.3 Each directory shall contain, in a prominent manner in the instructional section, notice of the Commission's current toll free telephone number and the customer's right to bring complaints and inquires regarding jurisdictional telecommunications service to the Commission.
12.3 Directory Assistance and Intercept.
12.3.1 The LEC shall list its basic local exchange customers (except those customers requesting otherwise) with the directory assistance operators within 72 hours of service connection in order that they may provide the requested telephone numbers based on the customers' names and addresses when those requests are made.
12.3.2 In the event of an error in the listed number or name of any customer by the LEC and until a new directory is published, the LEC shall make whatever special arrangements are necessary and reasonable at no charge to ensure that calling parties are able to reach the customer whose listed number or name is in error.
12.3.3 In the event of an error in the number, name or address listing of any customer, the customer's correct name, address and telephone number shall be in the files of the directory assistance and intercept operators within 72 hours of confirmation of the error by the LEC and furnished any caller upon request.
12.3.4 Whenever any customer's telephone number is changed at the request of the customer after a directory is published and until a new directory is issued, the LEC shall intercept all calls to the former number for a reasonable period but not fewer than 60 days. If the change is due to the initiative of the LEC, intercept service for the former number shall be provided for the greater of 60 days or the remaining life of the current directory at no charge. The correct number shall be in the files of the information operator within 72 hours of the number change or sent to the provider of this service within 24 hours if the LEC does not provide its own service. The LEC shall provide the caller with information on how to obtain the new number with the intercept recording. RULES FOR CONSTRUCTION AND MAINTENANCE OF PLANT AND EQUIPMENT RULE 13. GENERAL.
The telecommunications plant of the telecommunications service provider shall be constructed, installed, maintained and operated in accordance with good engineering practice in the telecommunications industry to assure, as far as reasonably possible, uniformity in the quality of service furnished and the safety of persons and property.
RULE (4 CCR) 723-2-14. RULES RELATING TO CONSTRUCTION AND MAINTENANCE PRACTICES.
723-2-14.1 Minimum Construction Standard.
723-2-14.1.1 The provider shall use as a minimum standard of accepted good engineering practice the 1993 National Electric Safety Code, dated August 3, 1992, published by the Institute of Electrical and Electronics Engineers, Inc. (IEEE), and endorsed by the American National Standards Institute (ANSI), which is incorporated by reference for all new construction or major rebuild of telecommunication plant begun on or after August 3, 1992. This Rule does not include later amendments to or editions of the National Electric Safety Code. Copies of this code shall be maintained by the Director of the Public Utilities Commission and will be available for inspection during regular business hours. Certified copies of this code shall be provided at cost upon request. The Director, 1580 Logan, Office Level Two, Denver, Colorado 80203, will provide information regarding how Part 68 of Title 47 Federal Code of Regulations dated October 1, 1995, may be obtained or examined. These incorporated rules may be examined at any state publications depository library.
723-2-14.1.2 For telecommunication plant constructed or installed prior to August 3, 1992, the minimum standard of accepted good engineering practice shall be the edition of the National Electric Safety Code in effect at the time of beginning construction or installation of the telecommunications plant.
723-2-14.1.3 Any telecommunications plant of the provider that is constructed, installed, maintained or operated in accordance with the National Electric Safety Code in effect at the time of its construction or installation shall be presumed to comply with accepted good engineering practice in the telecommunications industry and the provisions of this rule. However, all direct buried cables connecting the network interface at the customer's premises to the network facilities of the provider shall be permanently buried, as practical, at least 12 inches below the final surface grade as known at time of installation. All other direct buried communication cable shall at least be buried at depths required for supply cable of similar voltage as specified in the National Electric Safety Code. 723-2-14.1.4 Certified copies of the complete text of the National Electric Safety Code shall be maintained by the Public Utilities Commission and copies shall be available for public inspection during regular business hours. Certified copies of this code shall be provided at cost upon request. The Director of the Public Utilities Commission, 1580 Logan, Office Level Two, Denver, Colorado 80203 will provide information regarding how the National Electric Safety Code may be obtained or examined.
723-2-14.1.5 The provider shall use as a minimum standard of safe practice Part 68 of Title 47 of the Federal Code of Regulations dated October 1, 1995, for the interconnection of new or existing telecommunications plant of the service provider with terminal equipment of a customer. Part 68 of Title 47 of the Federal Code of Regulations dated October 1, 1995, is incorporated by reference. This rule does not include later amendments to or editions of this code. Copies of those regulations shall be maintained by the Director of the Public Utilities Commission and will be available for inspection during regular business hours. Certified copies of this code shall be provided at cost upon request. The Director, 1580 Logan, Office Level Two, Denver, Colorado 80203, will provide information regarding how Part 68 of Title 47 Federal Code of Regulations dated October 1, 1995, may be obtained or examined. These incorporated rules may be examined at any state publications depository library.
723-2-14.1.6 The telecommunications service provider will coordinate with other entities concerning construction work initiated by itself, or other entities, that may affect its facilities used for serving the public. For example, the provider shall:
(a) Economically minimize construction expenditure by coordination with other entities such as the joint use of trenches for cable where joint construction is both safe, cost effective and in the best interests of the provider.
(b) Take reasonable action such as identifying for other entities the location of underground facilities which may be affected by construction work, to protect service to the public. To accomplish this result, the provider shall maintain a data base or some other form of quickly accessible information at its facilities sufficient to allow facility location coordination and participation in a program on a statewide basis to minimize service interruptions caused by accidental cutting of cables.
(c) Engage in coordination with electric power utilities in the area prior to constructing new plant or a major rebuild of existing plane which may be impacted by inductive interference from the electric power systems. 723-2-14.1.7 Each provider shall adopt a program of periodic tests, inspections and preventative maintenance aimed at achieving efficient operation of its system to permit at all times the rendering of safe, adequate and continuous service as recognized by general practices within the telecommunication industry. The presence of inductive interference, cut-offs, intelligible cross-talk and excessive noise generation by communication system facilities during the provision of telecommunications services by the provider are symptomatic of inadequate service, and a maintenance program should be designed to minimize or prevent those occurrences. The provider shall maintain its system to meet the applicable service adequacy standards defined in these rules (Rules 16–23). 723-2-14.1.8 Records of various tests and inspections necessary to meet service standards of the industry in general or those contained in these rules (Rules 16 – 23) shall be kept on file in the office of the provider for review by this Commission. These records shall show the nature of the equipment tested, the reason for the test, the general conditions under which the test was made, the general result of the test and the corrections made. RULE (4 CCR) 723-2-15. RULES RELATING TO PROVISION OF SERVICE DURING MAINTENANCE OR EMERGENCIES.
723-2-15.1 Minimum Standards for Maintaining Service.
723-2-15.1.1 Each LEC shall make reasonable provisions to meet emergencies resulting from failures of lighting or power service, sudden and prolonged increases in traffic, illness of operators, or from fire, storm, or acts of God, and shall issue instructions to its employees covering procedures to be followed in the event of emergency in order to prevent or mitigate interruptions or impairment of telecommunications service. 723-2-15.1.2 Each local central office, toll switching or tandem switching office, repeater huts, and microwave radio sites, and other interoffice facilities requiring power of a LEC shall contain a minimum of four hours of battery reserve (or backup power) rated for peak traffic load requirements. If the facility is not continuously attended by trained personnel, or does not contain a permanent auxiliary power unit, additional battery reserve shall be installed to provide for travel time. Travel time is the time from personnel call-out through arrival at the facility.
723-2-15.1.2.1 In central offices with capacity for more than 10,000 access lines, or in toll or tandem switching offices, a permanent auxiliary power unit shall be installed. If the auxiliary power unit requires manual-start and transfer then one hour additional battery reserve shall be installed.
723-2-15.1.2.2 For central offices serving fewer than 10,000 lines, repeater huts, microwave radio sites, and other interoffice facilities requiring power, a mobile power source shall be available which can be delivered and connected. Additional battery reserve capacity beyond the four hour minimum shall be installed by the LEC at these locations based on the consideration of the following local conditions:
723-2-15.1.4 Each LEC shall develop a general contingency plan to prevent or minimize any service interruptions due to the catastrophic loss of a central office switch that serves more that 10,000 access lines or is the toll or tandem switching office for 10,000 access lines. The plan shall describe the actions and systems installed to prevent or minimize the probability of such an occurrence as well as describe the actions and systems available to minimize the extent of any incurred service interruption. RULE (4 CCR) 723-2-16. ADEQUACY OF SERVICE.
723-2-16.1 General Requirements.
723-2-16.1.1 Each LEC and toll service provider shall employ prudent management and engineering practices so that sufficient equipment and adequate personnel are available at all times, including the average busy hour of the busy season. To meet this objective, each LEC and toll service provider shall conduct traffic studies, employ reasonable procedures for forecasting future service demand and maintain the records necessary to demonstrate to this Commission that sufficient equipment is in use and that an adequate operating force is provided.
723-2-16.1.2 The criteria for quality of service established within these rules defines a minimal acceptable standard for the most basic elements of telecommunications service. The rules do not attempt to define all criteria for all service applications nor the most desirable service level for any basic element except for the minimal acceptable standard. In the event a specific service element is not covered by these rules, the provider will be expected to meet generally accepted industry standards for that element and the total service. Organizations which are recognized for establishing standards that may be appropriate for telecommunications services provided in this state include the IEEE, ANSI, the Rural Electrification Authority (REA) and the Federal Communications Commission (FCC).
723-2-16.1.3 Each LEC and toll service provider shall make regular periodic measurements to determine the level of service for each item included in these rules. These records shall be available for review by this Commission upon request. 723-2-16.1.4 The standards within these rules establish the minimum acceptable quality of service under normal operating conditions. They do not establish a level of performance to be achieved during the periods of emergency, catastrophe, natural disaster, severe storm or other events affecting large numbers of customers nor shall they apply to extraordinary or abnormal conditions of operation, such as those resulting from work stoppage, civil unrest, or other events for which a provider may not have been expected to accommodate. To the extent such conditions affect the measurement records required under Rule 16.1.3 and consequently the ability of the provider to meet any other standards within Rule 16 through 24, the Rules Regarding Quality of Telecommunications Service, it is the responsibility of the utility to separately document the duration and magnitude or effect of such occurrences in its records. RULE (4 CCR) 723-2-17. BASIC TELEPHONE SERVICE STANDARD. 723-2-17.1 Basic Service Standard. As part of its obligation to provide adequate Basic Local Exchange Service, each LEC shall construct and maintain its telecommunications network so that the instrumentalities, equipment and facilities within the network shall be adequate, efficient, just and reasonable in all respects in order to provide to each of its customers within its jurisdictional service area with the following services or capabilities: 723-2-17.1.1 Individual Line Service or its functional equivalent constructed and maintained to meet the general parameters and characteristics of Rule 2-18; 723-2-17.1.2 Voice Grade Access (as that term is defined in Rule 2-2.51) to the public switched network;
723-2-17.1.3 Dual tone multifrequency signaling capability or its functional equivalent on the local access line;
723-2-17.1.4 Facsimile and data transmission capability with the public switched network when the customer uses modulation/demodulation devices rated for such capability, in particular, the capability to transmit two-way communications between a person using a telecommunications device or other nonvoice terminal device and a person using other customer premise equipment within the bandwidth of Voice Grade Access (as that term is defined in Rule 2-2.51);
723-2-17.1.5 Local Usage. Each LEC shall construct and maintain sufficient message path capacity to meet the requirements of Rule 2-21.1.1;
723-2-17.1.6 Access to Emergency Services;
723-2-17.1.7 Access to Toll Services: Any telecommunications service provider granted authority to serve in an area in which the incumbent telecommunications service provider has provided the capability for a customer to presubscribe to different MTS providers for the use of 1+ dialing capability shall also provide that capability to all customers served in such area;
723-2-17.1.8 Customer Billing; to the extent described in Rule 10; 723-2-17.1.9 Public Information Assistance to the extent described in Rule 11; 723-2-17.1.10 Access to Operator Services;
723-2-17.1.11 White page directory listing as described in Rules 12.1 and 12.2; 723-2-17.1.12 Access to directory assistance and intercept to the extent described in Rule 12.3; 723-2-17.1.13 In the event of a commercial power failure, the telecommunications service provider shall provide a minimum of four hours of backup power (or battery reserve) rated for peak traffic load requirements from the telecommunications service provider's power source to the network interface in landline (coaxial, fiber, or copper) applications in order to support existing basic service to lines that utilize a traditional ringer. A mobile power source shall be available which can be delivered and connected within four hours. Additional battery reserve capacity beyond the four hour minimum shall be provided based on the consideration of the following local conditions:
(a) reasonable travel time (the time from personnel call-out through arrival at the facility);
(b) time for procuring and transporting the portable engine to the site, placing it in position, and connecting it to the load;
(c) number of sites serviced by one engine (commercial power failures may simultaneously affect more than one facility); and (d) frequency and duration of past commercial power failures; and 723-2-17.1.14 At a minimum, all telecommunications service providers shall offer Basic Local Exchange Service (as defined in this Rule) by itself as a separate tariff offering. This provision does not preclude the telecommunications service provider from also offering Basic Local Exchange Service packaged with other services. 723-2-17.2 Universal Service Availability Standard. In order to maintain a reasonable uniformity between all localities in the state for adequate Basic Local Exchange Service in the ordinary course of its business pursuant to its certificate of public convenience and necessity, each LEC shall construct and maintain its telecommunications network so as to provide for universal (i.e. ubiquitous) availability of the following services or capabilities when requested by a customer within its jurisdictional serving area:
723-2-17.2.1 The basic service standard defined in Rule 17.1; 723-2-17.2.2 E911 service, either by providing the necessary facilities and identification (name/number, etc.) information to a basic emergency service provider or as provided by the LEC under Rules Prescribing the Provisions of Emergency Reporting Services for Emergency Telecommunications Service Providers and Telephone Utilities, 4 CCR 723- 29 shall be available to any governing body upon request; and 723-2-17.2.3 Services to which the customer may voluntarily subscribe: 723-2-17.2.3.1 Services that deny access to MTS;
723-2-17.2.3.2 Services that deny access to other information service providers; and 723-2-17.2.3.3 Services that are defined as “Toll Limitation” services (see Rule 2-2.49.1). 723-2-17.3 Local Calling Area Standards.
Local calling areas as established by the Commission shall meet the community of interest or incremental extended service standards. Any telecommunications service provider that is granted authority to offer basic local exchange service in an exchange, or for any portion thereof, for which the Commission has previously established a Local Calling Area meeting the standards of Rule 17.3 shall provide at least one option to its customers that includes that same local calling area, unless modified by order of the Commission.
723-2-17.3.1 Principles. In general, and to the extent possible, each local calling area or an incremental extended service area should:
723-2-17.3.1.1 allow customers to place and receive calls without payment of a toll charge to 9-1-1, their county seat, municipal government, elementary and secondary school districts, libraries, primary centers of business activity, police and fire departments, and essential medical and emergency services; 723-2-17.3.1.2 be provided in both directions between the two exchange areas; and 723-2-17.3.1.3 not exhibit any discontinuities; (i.e. an exchange area physically located between two exchanges included in a local calling or incremental extended service area which is not included in the local calling or incremental extended service area).
723-2-17.3.2 Process for Expanding a Local Calling Area. The expansion of a local calling area will be considered by the Commission upon: 1) the Commission's own motion; 2) upon satisfaction of the criteria of Rule 17.3.3.1 as a result of the biennial review by the Staff of the Commission; 3) informal petition (i.e. not a formal complaint under § 40-6-108) of at least 15% or 500, whichever is less, of the customers in the petitioning exchange area; 4) the petition of a body politic within the soliciting exchange area; or 5) application of a local exchange provider. A petition addressing the potential expansion of the local calling area from one individual exchange to another specific exchange shall be considered no more frequently than once per twelve month period.
723-2-17.3.2.1 When a petition is received by the Commission under Rule 17.3.2 any provider furnishing long distance service between the exchange areas and any provider furnishing switched access in the exchange areas being considered for inclusion in the expanded local calling area shall first perform all necessary analyses to quantify the calling volumes per customer set forth in Rule 17.3.3.1. If the criteria are not met, the matter will not be considered further unless either the petitioners elect to pursue an Incremental Extended Area Service option under Rule 17.3.4 or pursue establishing that the Alternate Criteria in Rule
723-2-17.3.2.2 The provider(s) shall give the authorized representatives of customers seeking to expand their local calling area by petition, or other parties seeking to initiate an investigation to expand a local calling area, access to all relevant call volume data needed to determine whether the criteria required in Rule 17.3.3.1 can be met. The provider(s) shall have the right to require such persons or parties to execute nondisclosure agreements to govern proprietary information before disclosing any such information.
723-2-17.3.3 Community of Interest Standards for Establishment of New Local Calling Areas.
An indication of a community of interest between exchange areas exists, sufficient to warrant further consideration by the Commission, when either of the following conditions are met: 723-2-17.3.3.1 Calling Volume Standard. The calling rate from the smaller exchange area under consideration for expansion of local calling area service equals or exceeds an average of four calls per customer per month to the larger exchange under consideration for expansion and at least two calls per customer per month are made by at least 50% of the customers. When the calling volumes meet this standard the Commission shall further investigate the expansion of the local calling area by opening a formal docket. When the exchange area under consideration for expansion of local calling area service includes the Denver Metro Exchange, then a calling rate of twenty-four calls per customer per month to the Denver Metro Exchange and at least eight calls per month per customer made by at least 50% of the customers from the smaller exchange area, would provide a showing of interest sufficient to warrant investigation of the appropriateness of expansion of local calling area service. When the exchange area under consideration for expansion of local calling area service is the Colorado Springs Exchange, a calling rate of eight calls per customer per month to the Colorado Springs Exchange with at least three calls per month per customer made by at least 50% of the customers from the smaller exchange area, would provide a showing of interest sufficient to warrant investigation of the appropriateness of local calling area service expansion for the Colorado Springs Exchange areas. When the exchange area under consideration for expansion of local calling area service is the Pueblo, Ft. Collins, Grand Junction, or Greeley Exchange, a calling rate of six calls per customer per month to the Pueblo, Ft. Collins, Grand Junction, or Greeley Exchange with at least two calls per month per customer made by at least 50% of the customers from the smaller exchange area, would provide a showing of interest sufficient to warrant investigation of the appropriateness of local calling area service expansion for the these exchange areas. or 723-2-17.3.3.2 Alternate Criteria Standard. The Commission may consider requests for consideration of the establishment of a new local calling area based upon clear and convincing evidence that a community of interest exists among the exchanges that do not currently meet the criteria of Rule 17.3.3.1. In evaluating such a request, the Commission shall consider community of interest issues dictated by urban growth patterns, and the present and future availability of essential services in rural areas. Criteria to be used by the Commission in making its determination shall include:
723-2-17.3.3.2(c) the location of serving transportation centers; 723-2-17.3.3.2(d) demographic profiles of the residents of the exchange(s); and 723-2-17.3.3.2(e) location of primary centers of business activity and employment centers, and the location of employee residences. The Commission may consider other pertinent factors such as the availability and feasibility of optional calling plans, and the level of local and long distance competition. 723-2-17.3.3.2.1 If a determination using the Alternative Criteria is sought, the application shall be signed by a majority of elected representatives of the city or town or county commissioners from the petitioning local exchange area. If the application for establishment of a local calling area would result in a local calling area that crosses county boundaries, then a majority of county commissioners from the non-petitioning local exchange area shall also be signatories to the request. 723-2-17.3.3.3 When a local calling area is expanded, any rate increment shall be determined by apportioning the cost among all the customers of the provider. 723-2-17.3.4 Standards for Establishment of Incremental Extended Area Service. If the calling volume or other community of interest criteria are not met, the option of establishing a two-way incremental extended area service may be pursued by the petitioners as defined in Rule 17.3.2. An indication of the desire to expand a local calling area via an incremental extended area service option exists, sufficient to warrant further consideration by the Commission, when the petitioners provide formal written notice to the Commission of their intent to pursue this option. A joint petition may be filed by two or more exchanges for the establishment of a two-way incremental extended service area. 723-2-17.3.4.1 When such a petition is submitted by only one exchange, only customers in the petitioning exchange will pay the incremental charge for the two-way incremental extended area service.
723-2-17.3.4.2 In the case of a joint petition of multiple exchanges, customers in all the petitioning exchanges will pay the incremental charge.
723-2-17.3.5 Cost Study. Upon a showing that the criteria of Rule 17.3.3 are met, or upon the election of the petitioners to pursue an Incremental Extended Area Service option under Rule 17.3.4, any provider furnishing service in and between the exchange areas being considered for inclusion in the local calling area shall perform all necessary revenue and cost analyses to quantify the rate increment per customer (“Cost Study”). The Cost Study shall be completed by the provider(s) and submitted to the Staff of the Commission within 30 days of notification by the Commission. Staff shall report to the Commission of the filing of the Cost Study and any necessary modifications within 15 days of receipt. When the Cost Study is accepted without modification, the Commission shall direct that a letter be sent to the local exchange provider(s) notifying them of the calculated rate impact, and to proceed with the Customer Survey. Any issue arising regarding the Cost Study shall be resolved by Commission order.
723-2-17.3.6 Customer Survey.
723-2-17.3.6.1 When a local calling area is proposed to be expanded, a statistically valid survey of all residential customers in the exchange areas being considered for calling area expansion shall be performed by the affected local exchange provider(s). The statistical sample of residential customers shall be sized to produce not more than plus or minus five percent margin of error. The survey must explain the proposed expansion of the local calling area and the resultant increase in local rates. The survey results must demonstrate at least a 50% positive acceptance of the local calling area at the stated rate levels. The Customer Survey shall be completed within 30 days of Commission notification or as ordered.
723-2-17.3.6.2 In the case of the incremental extended area service option, a statistically valid survey of only residential customers in the petitioning exchange area(s) shall then be performed by the local exchange provider(s) at the expense of the petitioners or applicants. The statistical sample of residential customers shall be sized to produce not more than plus or minus five percent margin of error. The survey must explain the proposed expansion of the local calling area and the resultant increase in local rates. The survey results must demonstrate at least a 66% positive acceptance of the local calling area at the stated rate levels. The Customer Survey shall be completed within 30 days of Commission notification or as ordered.
723-2-17.3.7 When the requirements of Rules 17.3.3. and 17.3.6 have been met, the Commission will issue an order indicating the complying exchanges and setting the procedural schedule for conducting any required public hearings. The proponent (petitioner or applicant) for modifying the existing local calling area shall have the burden of going forward and the burden of proof.
723-2-17.3.8 Local exchange carriers may offer a lower priced alternative to full flat rate local service, such as measured rate service and/or a message rate service. Local exchange carriers may also offer a combination local service comprised of a smaller calling area for a lower priced flat rate with local measured and/or message rate service to the rest of the local calling area.
723-2-17.3.9 If the community of interest standards of Rule 17.3.3 are not met, the Commission will generally rely on long distance competition, local competition, and optional calling plans that assess additional charges only to participating customers to meet customer demand for alternate or expanded calling.
723-2-17.4 While nothing in this Rule 17 shall impose on any LEC an obligation to construct facilities nor relieve any LEC of any obligation to construct facilities otherwise provided for by applicable law or Commission directive, to the extent facilities are constructed, they shall comply with all requirements contained in this Rule.
RULE (4 CCR) 723-2-18. STANDARD PERFORMANCE CHARACTERISTICS FOR CUSTOMER ACCESS LINES.
LECS shall construct and maintain all Local Access Lines used for Individual Line Service to meet generally accepted utility industry standards as the specifications evolve and improve over time. Organizations which are recognized for establishing standards that may be appropriate for Local Access Lines include the Institute of Electrical and Electronic Engineers (“IEEE”), the American National Standards Institute (“ANSI”) and the Federal Communications Commission (“FCC”). Specifications for Unbundled Network Elements may also be appropriate for establishing such standards. At a minimum, each LEC shall construct and maintain all Local Access Lines used for Individual Line Service so that the following general parameters and performance characteristics are met: 723-2-18.1 Performance Classifications as used in Rule 18. 723-2-18.1.1 Recommended: This classification describes the operating range that ensures the most desirable performance.
723-2-18.1.2 Acceptable: This classification describes the operating range, outside the recommended region, that provides satisfactory performance. 723-2-18.1.3 Substandard: This classification describes the operating range that provides unacceptable performance. Performance within this range requires that the LEC shall initiate appropriate repair work.
723-2-18.2 Bandwidth. Bandwidth for Voice Grade Access shall be, at a minimum, 300 to 3,000 Hertz (see Rule 2-2.51).
723-2-18.3 Loop Loss. The performance of an Access Line will be considered acceptable when the transmission insertion loss, as measured at the interface with the LEC network at the customer's location and including any losses in central office equipment, does not exceed 8.5 dB at 1004 ± 20 Hertz (Hz).
723-2-18.4 Frequency Response Characteristics.
723-2-18.4.1 Three-Tone Slope Deviation. Three-Tone Slope Deviation is the loss deviation at 404 Hz and 2804 Hz relative to the Actual Measured Loss (AML) -16 dBmO at 1004 Hz. Three-Tone Slope Deviation from AML shall be within the following performance ranges: Three-Tone Slope Deviation from Actual Measured Loss Frequency Deviation Performance Category 404 Hz & 2804 Hz less than -1.5 dB Substandard 404 Hz & 2804 Hz -1.5/+9.5 dB Acceptable 404 Hz & 2804 Hz greater than +9.5 dB Substandard 723-2-18.4.2 Attenuation Distortion. Attenuation Distortion is the loss variation measured over the indicated frequency ranges relative to the Actual Measured Loss (AML) -16 dBmO signal at 1004 Hz. Attenuation Deviation from AML shall be within the following performance ranges:
Attenuation Distortion from Actual Measured Loss Frequency Deviation Performance Category 504 Hz & 2504 Hz -1.5 to +7.5 dB Acceptable 404 Hz & 2804 Hz -1.5 to +9.5 dB Acceptable 304 Hz & 3004 Hz -2.5 to +11.5 dB Acceptable 723-2-18.5 Loop Current. Local Access Line current (defined as the metallic direct current flowing in the circuit at the customer interface during the talk and signaling states or during the idle line state) shall be equal to or greater than 20 milliamps (ma).
723-2-18.6 Loop Noise. Noise is defined as unwanted disturbances superimposed on a useful signal that tend to obscure its information content.
72-2-18.6.1 C-Message Noise. Customer Access Lines used for Individual Line Service of less than 30,000 feet in length shall be constructed and maintained so that a measure of the C-Message circuit noise from the network interface at the customer's premises to and including the central office termination shall meet the following performance thresholds: C-Message Weighted Noise Noise Level (dBrnC) Performance Category ≤20 Recommended > 20 and ≤30 Acceptable >30 Substandard All other Local Access Lines shall be maintained so that the measured C-Message circuit noise does not exceed 30 dBrnC.
72-2-18.6.2 3 kHz FLAT Noise. Circuit noise, as measured using the “3 kHz FLAT” weighting, shall meet the following performance thresholds:
3 kHz FLAT Weighted Noise Noise Level (dBrn 3 kHz Performance Category FLAT)
≤40 Recommended >40 and ≤60 Acceptable >60 Substandard 723-2-18.6.3 Power Influence. Power Influence, as measured as C-Message Weighted Longitudinal Noise, shall meet the following performance thresholds: C-Message Weighted Longitudinal Noise Noise Level (dBrnC) Performance Category ≤80 Recommended >80 and ≤90 Acceptable >90 Substandard 723-2-18.7 Longitudinal Balance. Longitudinal Balance (Circuit Balance), as measured as the difference between Power Influence (dBrnC) and Circuit Noise (dBrnC), shall meet the following performance thresholds:
Circuit Balance Balance (dB) (C- Performance Category Message)
≤50 Substandard >50 and ≤60 Acceptable >60 Recommended 723-2-18.8 Testing. Each LEC is expected, as good utility practice, to engage in the testing of its physical plant for the purpose of 1) identifying potential trouble (routine, preventive, or proactive testing);
2) locating or specifying the type of circuit problem or deficiency (diagnostic testing); and 3) upon receipt of a customer trouble report, determining a course of action. 723-2-18.8.1 Upon receipt of a trouble report pertaining to the LEC's network, the LEC shall test the Local Access Line and the records of these test results shall be maintained pursuant to Rule 2-6.4. The test results shall be made available to the customer, upon request. This information shall be provided to the Commission upon request. RULE (4 CCR) 723-2-19. INTEREXCHANGE TRUNKING CONNECTIONS. LECs and other MTS providers shall construct and maintain sufficient trunking facilities so that 95 percent of the sampled toll calls have from a minimum of 3 to a maximum of 12 dB of transmission loss at 1000 ± 20HZ. Excluding calls between central offices in the same building, trunking facilities used solely for providing extended area service shall be constructed and maintained so that 95 percent of the sampled calls have from a minimum of 2dB to a maximum of 9dB of transmission loss at 1000 ± 20HZ with the measured loss for any trunk directly connecting two central offices not exceeding 6.0 dB. These measurements are for trunk side access connections and include losses associated with the originating and terminating central offices.
The allowable message circuit noise measure for the sampled calls shall be no more than 31 dBrnC for connections as measured between the line side of the originating central office and the line side of the terminating central office which are located less than 50 miles apart. For central offices located 50 to 100 miles apart the allowable measure is 35 dBrnC and for distances greater than 100 miles the maximum allowable value is 38 dBrnC.
RULE 20. PBX AND MULTILINE CHANNELS.
The provisions of Rule 18 concerning individual service local access line shall apply to facilities connecting the network interface for switching and intercommunication among stations at the customer's premises to the line side of the serving central office. However, if transmission insertion loss exceeds 8.5 dB at the station set of the customer, the responsibility of the LEC shall be limited to providing a channel with no more than 6.5 dB if loss as measured from the customer's interface with the LEC network to and including the central office for access line lengths of less than 18,000 feet. RULE (4 CCR) 723-2-21. NETWORK CALL COMPLETION REQUIREMENTS. 723-2-21.1 Direct Dialed Calls.
723-2-21.1.1 The LEC shall maintain sufficient central office and interoffice channel capacity plus other necessary facilities to meet the following minimum requirements during any normal busy hour:
(a) Dial tone within three seconds for 98 percent of call attempts on the switched network.
(b) Correct termination of 98 percent of properly dialed intraoffice or interoffice calls within and extended service area.
(c) Correct termination of 98 percent of properly dialed intra or interLATA calls when the call is routed entirely over the network of the LEC.
723-2-21.1.2 Unless otherwise authorized by the Commission, a MTS provider of jurisdictional toll services in this state shall maintain sufficient switching and network channel capacity plus other necessary facilities so that 98 percent of properly dialed toll calls are correctly terminated.
723-2-21.1.3 A properly dialed call shall be terminated in one of the following conditions:
(a) The calling party receives an indication of ringing and a ringing signal is delivered to the station location of the called party. If the called party answers, a connection is established between the calling and called parties.
(b) If the called number is busy, the calling party receives a busy signal.
(c) If a connection cannot be established between the calling and called parties, the calling party will receive an announcement or an appropriate overflow signal which is different than a called party busy signal. A call is not considered to be correctly terminated when this condition exists.
(d) A call to a non-working code or inoperative customer number is directed to the intercept service of the LEC.
723-2-21.1.4 All MTS providers, which use connections provided from the line side of the central office of the LEC or connections that require use of a special access code to reach the service provider, in addition to using trunk side connections without this requirement furnished by the LEC at this or any other central office, shall order sufficient quantities of switched access service from the LEC to maintain the same blocking probability on those connections as the provider normally establishes for trunk side connections without the access code requirement using similar assumptions of customer toll calling demand. Normally, the Commission shall consider a .01 blocking probability to be a desirable parameter for ordering switched access service from a LEC. 723-2-21.2 Operator Assisted Calls.
723-2-21.2.1 All communications between customers must be considered as confidential in nature. The provider shall take reasonable action to minimize the potential access of other entities to those communications. Operators or employees of the provider must not listen to any conversation between customers except when an operating necessity. Operators shall not repeat or divulge the nature of any local or long distance conversation, nor divulge any information inadvertently overheard. Providers will be held responsible for strict compliance with this rule by their employees or other entities which perform this service for the provider.
723-2-21.2.2 Suitable rules and instructions shall be adopted by each provider and followed by employees or other entities employed by the provider governing the language and operating methods to be used by operators during assistance to customers. Specifically, operators must be instructed to be courteous, considerate, and efficient in the handling of all customer calls. Any required call timing for jurisdictional operator assisted calls shall accurately record when the customer requested connection is established and when it is terminated.
723-2-21.2.3 Each provider offering operator assistance to the public shall provide a service that can answer 85 percent of intercept, toll and local assistance calls within 10 seconds. 723-2-21.2.4 Other calls directed to the published telephone numbers for service repair or the business offices of the LEC or MTS providers shall be acknowledged within 20 seconds and shall be answered by either a company representative or a voice-response or mechanized unit menu within 60 seconds (as measured from the same starting point in time as for the 20 second acknowledgement standard) for 85 percent of all such calls during any monthly period. Each business day during any month for which the standard was not obtained for the published telephone number associated with the respective service center or business office shall be deemed a separate violation of this Rule. When fewer than 85 percent of such calls are answered in any month for any service center or business office, a written report listing each offending service center or business office will be submitted to the Commission within twenty-one (21) calendar days from the end of the month in which the standard was not met. For each violation listed, the report shall identify the percent of calls answered, the reason for failure to meet the 85 percent standard, the remedial action the LEC has taken, and any known results of that remedial action.
723-2-21.2.5 The measurement records for determining the minimum acceptable call completion criteria described under Rules 21.2.3 and 21.2.4 may be adjusted, as allowed under Rule 16.1.4, For the circumstances specifically described within Rules 10.2.3.2 and 16.1.4. 723-2-21.2.6 An answer shall mean that either a company representative or a voice-response or mechanized unit menu is ready to assist the customer or accept information necessary to process the call. An acknowledgement that the customer is waiting on the line shall not constitute an answer. A dropped call shall not be considered an answer. An answer shall not mean either directing the call to a company representative or mechanized system incapable of providing assistance to the customer or directing the call to a system that will only take a message from the customer.
723-2-21.3 Intra-LATA Interexchange Toll Dialing Pattern. 723-2-21.3.1 BASIS, PURPOSE, AND STATUTORY AUTHORITY. The basis and purpose is to establish a new rule to provide for uniform dialing patterns for all intra-LATA interexchange toll calls (calls which are not included within basic local exchange service.) The current supply of available central office codes will be exhausted in the near future. In order to provide for more numbers, the Administrator of the North American Numbering Plan, and the telecommunications industry have agreed to proceed with the implementation or interchangeable area codes, also referred to as interchangeable Numbering Plan Areas (NPA or INPA). The interchangeable area codes change “+” and “+” from “toll indicators” to “area code indicators”. To preserve a “toll indicator” for consumer protection it will be necessary to adopt a 1 + ten digit dialing pattern for all intra-LATA, interexchange toll calls.
The amendments to the rules are clear and simple and can be understood by persons expected to comply with them. They do not conflict with any other provision of law and there are no duplicating or overlapping rules.
The statutory authority for this new Rule 21.3 is found at §§40-2-108, 40-4-101, and 40-15-306. C.R.S. 723-2-21.3.2 The North American Number Plan (NANP) specifies the format for telephone numbers in the United States, Canada, Bermuda, and many Caribbean Basin islands. On January 1, 1995, the NANP format changes to permit fully interchangeable codes. Prior to January 1, 1995 all jurisdictional LECs will convert to a new dialing plan which will permit the new NANP format to be used. Use of an area code or NPA is required for all intra-LATA, interexchange toll calls which originate and terminate in the same area code (NPA). The new dialing plan will replace the existing 1+ seven digit dialing plan in use today with the “1+ 10 digit” dialing plan.
COPUC RULE 4 CCR 723-2-22. TROUBLE REPORT RESPONSE.
723-2-22.1 Maximum Acceptable Number of Reports. Each LEC shall maintain its network so as to minimize customer trouble reports for jurisdictional services economically but shall not exceed eight reports per 100 access lines per month per wire center averaged over a three-month period. An occurrence of a violation of this Rule shall be considered as each day in the month for which the three month average of trouble reports for that month and the preceding two months exceed this criteria for the wire center in question.
For the purpose of this paragraph of Rule 22, each customer receiving party line service shall be considered to have one access line. [This sentence is repealed effective January 1, 1996.] 723-2-22.2 Allowable Response Time. The response of a LEC to customer trouble reports shall be such that the percent of all out-of-service reports for each month, for each wire center, listed in the table below are cleared within 24 hours. A separate occurrence of a violation of this Rule shall be considered as each day of each month for which the criteria was not met in each wire center served by the LEC.
MONTH** CLEARED WITHIN 24 HOURS 1 through 6 70% 7 through 12 75% 13 through 18 80% 19 and beyond 85% ** The number of months shall be measured from the effective date of these rule amendments. When fewer than the percent listed in the table for any month for any wire center are not cleared within 24 hours, a written report listing each offending wire center will be submitted to the Commission within twenty-one (21) calendar days from the end of the month in which the standard is not met. For each violation listed, the report shall identify the percent of trouble reports cleared within 24 hours, the reason for falling below the standard, the remedial action the LEC has taken, and the date the wire center is expected to meet or exceed the standard.
This criteria excludes the following conditions to the extent the LEC can separately document the number of such occurrences:
723-2-22.2.1 Reports for nonjurisdictional services or services of another provider. 723-2-22.2.2 Situations where access to the customers premise is required but not available. 723-2-22.3 The measurement records for determining the maximum acceptable number of reports (Rule 22.1), or the allowable response time (Rule 22.2) may be adjusted, as allowed under Rule 16.1.4, for the circumstances specifically described within Rules 10.2.3.2 and 16.1.4. 723-2-22.4 Response Priority. If requested by the customer, the LEC shall give priority to and initiate repairs regardless of the hour for customer trouble reports which may affect the public health and safety.
723-2-22.5 Customer Notification. If employees of the LEC cannot clear the reported trouble promptly, the customer will be given a reasonable estimate of when the trouble report will be cleared. 723-2-22.6 Appropriate adjustments to the customer's bill shall be automatically made by the LEC for jurisdictional service interruptions pursuant to Rule 10.2.3. RULE (4 CCR) 723-2-23. [RESERVED FOR FUTURE USE.] RULE (4 CCR) 723-2-24. AVAILABILITY OF SERVICE - ADEQUACY OF FACILITIES. Each LEC shall employ prudent management planning practices, including budgeting and prioritization of resource utilization, so that adequate equipment is in place to supply service to prospective customers in its service territory or areas certificated to the LEC in conformity with the LEC's tariffed line extension policy within a reasonable period of time.
723-2-24.1 Definition of Term. For purposes of this Rule 24, the following definition shall apply: 723-2-24.1.1 The Date of the Application for Service - the date of the first oral or written customer contact with the LEC to request service, or, if the tariffs of the LEC require the payment of contributions in aid to construction, the date on which the customer makes payment or partial payment of such charges as described in Rule 24.2. Each LEC shall specifically ask customers who contact the LEC to inquire about service availability if the customer desires to initiate, at that time, a request for service to be installed at some future date. The LEC shall not discourage the customer from placing an order at the time of such inquiry.
723-2-24.2 Construction Charge Estimate. If the tariffs of the LEC require the payment of contributions in aid to construction, (i.e., line extension charges) the LEC shall provide to the customer, within thirty (30) calendar days from the date of a customer's request for an estimate, a good faith written cost estimate of the amount of the required payment. The payment or partial payment of such charges, when received by the LEC, shall be notice to the LEC that the customer desires service and the payment date shall be considered the date of the application for service. The good faith written cost estimate shall inform the customer that receipt of payment or partial payment is required before the customer's request will be considered an application for service. 723-2-24.3 Notice to Customers. All customers who are not supplied service within five days of the date of the application for service will be given a written notice by the LEC stating the number assigned by the LEC to the application for service, the date of application for service, and all alternatives available to the customer pursuant to Rule 24. This notice will be postmarked on or before the sixth business day after the date the application for service is received by the LEC. Unless basic local exchange service has been provided, the customer will receive a second notice to be postmarked on or before the 31st calendar day after the date the application for service is received by the LEC. This renotification shall include: the expected service date, the reason for the delay, the number the LEC has assigned to the application for service, the date of the application for service, and the postmarked date of the first notice. This renotification shall be mailed by certified-return-receipt mail. The customer will also be provided with written renotification each time the expected date of service previously stated is delayed by more than ten days. Renotification is also required in the circumstances referenced in Rule 24.5. This renotification shall be mailed by certified-return-receipt mail. A copy of the LEC's letter to the PUC Director (as specified in Rule 24.5) regarding a customer's service application which has been held for 150 days shall be mailed to the customer by certified-return-receipt mail.
723-2-24.4 Provision of Basic Local Exchange Service.
723-2-24.4.1 Applicability. This Rule 24.4 shall apply to the provision of basic local exchange service to all customers who make application for such service, and to all customers whose applications for service are unfilled at the time of the effective date of this Rule 24. Further, this Rule 24.4 shall include the provision of temporary alternatives to basic local exchange service to customers with unfilled applications for basic local exchange service placed after the effective date of the rule, or whose applications for basic local exchange service remain unfilled 30 calendar days following the effective date of this Rule 24. Customers whose applications for basic local exchange service are unfilled at the time of the effective date of this Rule 24 and who, as of the effective date of this Rule 24.4, qualify for the provision of alternative forms of service or for waivers of installation charges and credits pursuant to the provisions of prior Rules 24.2 and 24.4, as adopted in Docket No. 94R-329T (effective October 30, 1994), or pursuant to the provisions of a LEC's filed tariff shall immediately be entitled to provision of the temporary alternatives to basic local exchange service listed in this Rule 24.4.
723-2-24.4.2 Time Frames for Provision of Service. Each LEC shall provide a customer with basic local exchange service no later than 150 working days from the date of the customer's service application, except that when the customer requests a later date of service, the service shall be provided by the requested date. Failure to provide basic local exchange service within the time set forth in this Rule 24.4.2 shall constitute a violation of this Rule 24.4.2. Each day for which basic local exchange service is not provided to a customer as set forth in this Rule 24.4.2 shall constitute a separate violation of this Rule 24.4.2.
723-2-24.4.3 Temporary Alternatives to Basic Local Exchange Service. Rule 24.4.3 shall apply to requests for the first residential and the first business line at a residential premise, and to the first two lines at a business premise. When the LEC fails to provide basic local exchange service within 30 calendar days, the customer automatically will receive a waiver of any and all installation charges for each eligible basic local exchange service line and credit to the customer's account in an amount at least equal to the pro rata monthly local exchange charge for each day thereafter that service is not provided. Further, the customer shall be entitled to choose either Option 1 or Option 2 as described below:
Option 1) Reimbursement of up to $150 per month or any part of a month for alternative services, chosen by the customer, that are not regulated by the Commission. (A LEC may require verification of a customer's subscription to an alternative and the LEC need only provide reimbursement in the amount of the actual alternative used up to the amount stated in this Rule);
Option 2) Alternative service offered by the LEC and regulated by the Commission, such as remote call forwarding. If an alternative form of service is provided, the LEC is authorized to charge the customer the tariff rates (if applicable) for the alternative service, if such tariff rates are less than the tariff rate for basic local exchange service. Otherwise, the customer will be charged the tariff rate for basic local exchange service.
These temporary alternatives to basic local exchange service will be provided by the LEC to eligible customers, as described above, until the LEC provides basic local exchange service. [Old Rule 24.4 is repealed and replaced.] 723-2-24.5 Under any circumstances where the period to provide service exceeds 150 days the LEC shall file a letter with the Director of the Commission stating the circumstances causing the delay, explaining if such circumstances are beyond the LEC's control, and providing an estimate of the time necessary to provide service. This letter shall include: the name and address of the applicant, the date of application for service, and the number assigned by the LEC to the application for service.
723-2-24.6 A LEC shall specifically identify all expenses incurred in providing bill credits, installation fee waivers and alternative service in compliance with Rule 723-2-24.4.3. Such expenses shall be specifically identified by category of service, revenues foregone or credited, the duration of service and by all other information necessary for the Commission to track such expenses. 723-2-24.7 The temporary alternatives to basic local exchange service described in Rule 24.4.3 shall be offered in addition to, and not in lieu of, any other remedy available to the customer or the Commission, including, but not limited to:
723-2-24.7.1 An order by the Commission that the utility provide basic local exchange service on a date certain; or 723-2-24.7.2 Decertification of the LEC by the Commission, either in whole or in part; or 723-2-24.7.3 Penalties under § 40-7-105, C.R.S. (1993). 723-2-24.8 Procedure for Waiver of Rule 24. LECs may seek permission to waive all or part of this Rule 24, pursuant the provisions of Rule 1.3, and subject to the following limitations: 723-2-24.8.1 A request by a LEC for a blanket waiver shall not be granted. Requested waivers for individual customers, or individual developments or areas, shall be considered. 723-2-24.8.2 A waiver may be granted only in those instances where the LEC has demonstrated a good faith effort to comply with the provisions of these Rules and the Commission finds that good cause exists to grant the waiver.
723-2-24.8.3 A Rural Telecommunications Provider may request a waiver from the Commission via a letter/Application which sets forth in detail the grounds upon which the waiver is sought. Such letter/Application must be signed by an officer of the Rural Telecommunications Provider.
723-2-24.9 Preexisting Waivers. This Rule 24 is subject to existing waivers granted a LEC in separate Commission proceedings, including Docket Nos. 92R-282T and 92A-109T pertaining to the provision of multi-party service, and Docket No. 95A-163T pertaining to a temporary waiver allowing the provision of cellular vouchers for held order customers. 723-2-24.10 Potential Facility Unavailability. LECs shall inform customers of the potential of future facility unavailability when the LEC is experiencing or is forecasting potential facility unavailability in specific areas. LECs shall allow customers to reserve basic local exchange service by subscription to the appropriate tariff rate (i.e vacation service), and shall inform customers of this option.
RULES REGULATING THE CHANGING OF PRESUBSCRIPTION RULE (4 CCR) 723-2-25. CHANGING PROVIDER/CARRIER PRESUBSCRIPTION. 723-2-25.1 DEFINITIONS.
723-2-25.1.1 End-Use Customer or End-User The ultimate consumer of a telecommunications service, or, a retail consumer of telecommunications services. 723-2-25.1.2 Slamming. Any change in an end-use customer's presubscription to a telecommunications service subject to the jurisdiction of the Commission which is made without appropriate consent of the customer.
723-2-25.1.3 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.
723-2-25.2 Verification of Orders for Service.
723-2-25.2.1 No customer-selected basic local exchange provider (CSBLEP) or customer- selected intrastate intraLATA or interLATA carrier (CSIIIXC) shall submit to the customer's previously selected basic local exchange provider (BLEP) a provider/carrier change order unless and until the CSBLEP or CSIIIXC has obtained confirmation from the customer in accordance with one of the following procedures listed below. This rule applies to service provider change requests initiated by the provider as well as requests initiated by the customer. Regardless of the method used for order verification, a separate verification must be obtained for each type of service (i.e., local exchange service, intraLATA or interLATA long distance service) and for each telephone line for which the customer seeks to change providers.
723-2-25.2.2 The CSBLEP/CSIIIXC has obtained the customer's written authorization pursuant to the requirements of Rule 25.3 below; or 723-2-25.2.3 The CSBLEP/CSIIIXC has obtained the customer's electronic authorization to change accounts or providers, placed from the telephone number(s) for which the CSBLEP/CSIIIXC is to be changed, and the authorization confirms the customer's billing name and address, the decision to change to the CSBLEP/CSIIIXC, and the customer's understanding of the BLEP change fee to confirm the authorization. CSBLEP/CSIIIXCs electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the number(s) will connect a customer to a voice response unit, or similar mechanism, that records the required information regarding the provider/carrier change, including automatically recording the originating number using Automatic Number Identification (ANI); or 723-2-25.2.4 An appropriately qualified and independent third party operating in a location physically separate from the telemarketing representative has obtained the customer's oral authorization to submit the provider/carrier change order that confirms and includes appropriate verification data (e.g., the customer's date of birth or social security number); or 723-2-25.2.5 Within three business days of the customer's oral request for a provider/carrier change, the CSBLEP/CSIIIXC must send each new customer an information package by first class mail. If the customer does not confirm the change order by postcard within fourteen days of the date the information package was mailed, the change order shall be considered cancelled. The information packet shall contain at least the following information concerning the requested change:
723-2-25.2.5.1 A statement that the information is being sent to confirm a telemarketing order placed by the customer within the previous week;
723-2-25.2.5.2 The name of the customer's current CSBLEP/CSIIIXC; 723-2-25.2.5.3 The name of the newly requested CSBLEP/CSIIIXC; 723-2-25.2.5.4 A description of any terms, conditions, or charges that will be incurred; 723-2-25.2.5.5 The name of the person ordering the change; 723-2-25.2.5.6 The name, address, and telephone number of both the customer and the soliciting CSBLEP/CSIIIXC;
723-2-25.2.5.7 A postpaid postcard which the customer can use to deny, cancel, or confirm a service order;
723-2-25.2.5.8 A clear statement that if the customer does not return the postcard, then the customer's carrier will not be switched; and 723-2-25.2.5.9 The name, address, and telephone number of a contact point at the Commission for consumer complaints.
723-2-25.3 Letter of Agency Form and Content.
723-2-25.3.1 A CSBLEP shall obtain any necessary written authorization from a customer for a CSBLEP/CSIIIXC change by using a letter of agency as specified in this Rule 25.3. Any letter of agency that does not conform with this Rule 25.3 is void. 723-2-25.3.2 The letter of agency shall be a separate or severable document (an easily separable document containing only the authorizing language described below) the sole purpose of which is to authorize a CSBLEP/CSIIIXC change. The letter of agency must be signed and dated by the customer of the telecommunications service requesting the change to the customer's selected CSBLEP/CSIIIXC.
723-2-25.3.3 The letter of agency shall not be combined with inducements of any kind on the same document. A document shall not be valid under paragraph 25.3.1 if it is presented to the customer for signature in connection with a sweepstakes or other game of chance. 723-2-25.3.4 Notwithstanding Rules 25.3.2 and 25.3.3 of this Rule, the letter of agency may be combined with checks that contain only the required letter of agency language prescribed in Rule 25.3.5 below and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain, in easily readable, bold-face type on the front of the check, a notice that the consumer is authorizing a CSBLEP/CSIIIXC change by signing the check. The letter of agency language also shall be placed near the signature line on the back of the check.
723-2-25.3.5 At a minimum, the letter of agency must be printed in a sufficiently sized and readable type to be clearly legible to persons with normal and monochrome vision, and must contain clear and unambiguous language that confirms: 723-2-25.3.5.1 The customer's billing name and address and each telephone number to be covered by the CSBLEP/CSIIIXC change order;
723-2-25.3.5.2 The decision to change the presubscribed provider/carrier from the current BLEP/CSIIIXC to the prospective CSBLEP/CSIIIXC; 723-2-25.3.5.3 That the customer designates the new CSBLEP/CSIIIXC to act as the customer's agent for the respective customer-selected provider/carrier service change;
723-2-25.3.5.4 That the customer understands that currently only one CSBLEP/CSIIIXC for each jurisdictional service may be designated as the customer's CSBLEP/CSIIIXC for any one telephone number (e.g., there may be a CSBLEP/CSIIIXC for local service and a different CSBLEP/CSIIIXC for toll or other service). When, pursuant to future Commission order, the number or types of services an end-use customer can designate as a CSBLEP/CSIIIXC expands, the letter of agency must contain separate statements regarding each choice of service selection (i.e., CSBLEP/CSIIIXC for which the letter of agency is authorizing a designation). Any provider/carrier designated as a preferred CSBLEP/CSIIIXC must be the provider/carrier directly setting the rates for the customer. One provider/carrier can be a customer's interstate preferred interexchange carrier, preferred intrastate carrier, and a customer's CSBLEP/CSIIIXC for local service; and 723-2-25.3.5.5 That the customer understands that any CSBLEP/CSIIIXC selection the customer chooses may involve a charge to the customer for changing the customer's CSBLEP/CSIIIXC.
723-2-25.3.6 Letters of agency shall not suggest or require that a customer take some action in order to retain the customer's current CSBLEP/CSIIIXC.
723-2-25.3.7 If any portion of a letter of agency is translated into another language, then all portions of the letter of agency must be translated into that language. 723-2-25.3.8 If the customer is not an individual, a document, authorization, or request referenced in 3.1 above, shall be valid only if given by an authorized representative of the customer, who shall provide proof of such authority.
723-2-25.4 Freezing a Telecommunications Service Provider. 723-2-25.4.1 Each BLEP/CSIIIXC must offer customers, at no charge, the option to freeze their BLEP/CSIIIXC. As used herein, a freeze occurs when a customer designates its existing BLEP/CSIIIXC as a permanent choice which may not be changed absent further written authorization initiated by the customer.
723-2-25.4.2 BLEP/CSIIIXCs shall conduct an education program upon initiation of service to a customer which informs the customer of the option to freeze its choice of provider and the effects of freezing a BLEP/CSIIIXC on the customer's service choices. 723-2-25.4.3 Tariff Filing Requirement.
Each telecommunications service provider shall file a tariff subject to the Commission's approval, describing, consistent with 723-25.4.2, its customers' options as to freezing their CSBLEP/CSIIIXC. Toll resellers shall not be subject to this requirement to file a tariff. 723-2-25.5 Enforcement.
723-2-25.5.1 A provider/carrier that violates any provision contained in these rules is subject to enforcement and penalties as provided in Articles 1–7 and 15 of Title 40, Colorado Revised Statutes.
723-2-25.5.2 Upon notification from an end-user of a change to another telecommunications provider or carrier without authorization, the CSBLEP/CSIIIXC shall switch the end-user's CSBLEP/CSIIIXC that has been found to have been changed without end-user authorization in accordance with Rule 25.2 back to the CSBLEP/CSIIIXC (itself) at no charge to the end-user.
723-2-25.5.3 A telecommunications provider who initiates an unauthorized change in a customer's designated telecommunications provider, i.e., slamming, in violation of this section is liable:
723-2-25.5.3.1 To the customer, the customer's previously selected provider, or both, as determined by the Commission, for all intrastate long distance charges, interstate long distance charges, local exchange service charges, provider switching fees, the value of any premiums to which the customer would have been entitled, and other relevant charges incurred by the customer during the period of the unauthorized change; and 723-2-25.5.3.2 To the local exchange provider for the change fees for the unauthorized change and reinstating the customer to the original provider. RULE (4 CCR) 723-2-26. [RESERVED FOR FUTURE USE] RULE (4 CCR) 723-2-27. INTRALATA EQUAL ACCESS.
723-2-27.1 General Provisions.
723-2-27.1.1 All local exchange companies shall meet all applicable requirements to provide intraLATA equal access to all intraLATA interexchange carriers, and shall implement equal access coincident with commencement of the provision of interLATA interexchange services, but in no event later than February 8, 1999.
723-2-27.2 IntraLATA Equal Access Requirements. At least four months prior to implementation of equal access, all local exchange companies subject to these rules shall file a report with the Commission setting forth that company's proposed schedule of implementation of intraLATA equal access for each wire center served.
723-2-27.3 Customer Notice Requirement When Implementing IntraLATA Toll Equal Access. No later than 30 days prior to the implementation of intraLATA equal access, each local exchange carrier shall send a notice to each of its end use customers advising them that they can now select an intraLATA carrier of their choice. The notice must provide an explanation of the change in service capability, but contain no marketing information whatsoever. The notice shall be made through a customer bill insert or other means as approved by the Commission. The notice shall be made available to the Staff of the Commission and the Colorado Office of Consumer Counsel 20 days prior to mailing for review and comment.
723-2-27.4 Customer Notification Procedures for IntraLATA Interexchange Carrier Selection After IntraLATA Equal Access is Implemented.
723-2-27.4.1 Customers who commence service after the initial intraLATA equal access has been implemented in the wire center serving the customer shall be informed by the local exchange carrier of their intraLATA and interLATA toll carrier options at the time that service is requested, and shall be allowed to select both their primary interLATA and intraLATA carrier(s) at that time. Such customers shall be advised that if they do not select their intraLATA carrier at that time they will be required to use carrier access codes for intraLATA calling. New customers who fail to select an intraLATA toll carrier shall be required to use carrier access codes to route toll calls until a presubscribed toll carrier is selected.
723-2-27.5 Recovery of Conversion Costs.
723-2-27.5.1 LECs shall separately account for intraLATA equal access conversion costs if the local exchange carrier intends to request recovery of intraLATA equal access from the Commission. For LECs using the Federal Communications Commission's Uniform System of Accounts 47 C.F.R. Part 32 (USOA), the associated costs for intraLATA equal access conversion shall be recorded in a manner which allows for clear identification and review by this Commission. All costs shall be allocated based on federal cost allocation, separation principles, and rate element design as described in this rule and 47 C.F.R. Part 64 Subpart I (The Cost Allocation Manual) and 47 C.F.R. Part 36 (The Separation Manual). LECs not using the USOA, shall be required to clearly identify and document all costs they seek to recover through an intraLATA equal access rate element. 723-2-27.5.2 IntraLATA Equal Access Investment.
723-2-27.5.2.1 IntraLATA equal access investment includes only initial incremental expenditures for hardware and other equipment related directly to the provision of intraLATA equal access which would not be required to upgrade the capabilities of the office involved absent the provision of intraLATA equal access. IntraLATA equal access investment is limited to such expenditures for converting central offices for intraLATA equal access.
723-2-27.5.2.2 IntraLATA equal access investment is first segregated from all other amounts in the primary accounts.
723-2-27.5.2.3 The intraLATA equal access investment determined in this manner is allocated between the jurisdictions on the basis of relative state and interstate equal access traffic including interstate intraLATA equal access traffic and intrastate intraLATA equal access traffic. Local exchange traffic is excluded. In the case of independent telephone companies, intrastate toll service provided by the independent LEC is excluded in determining intrastate usage, but intrastate toll service provided by long distance carriers affiliated with the local exchange company is included.
723-2-27.5.3 IntraLATA Equal Access Expenses.
723-2-27.5.3.1 IntraLATA equal access expenses include only initial incremental presubscription costs and other initial incremental expenditures related directly to the provision of intraLATA equal access, that would not be required to upgrade the capabilities of the office involved absent the provision of intraLATA equal access. IntraLATA equal access expenses are limited to such expenditures for converting central offices for intraLATA equal access.
723-2-27.5.3.2 IntraLATA equal access expenses are apportioned between the jurisdictions by first segregating them from all other expenses in the primary accounts and then allocating them on the same basis as intraLATA equal access investment.
723-2-27.5.4 LECs may seek authority from the Commission to recover those additional costs that are incurred for the provision of intraLATA equal access if they desire to recover those costs in a specific tariffed rate. In support of such a cost recovery mechanism, the following should be provided: workpapers showing the estimated cost of conversions; a proposed tariff stating the terms, conditions, and both recurring and non-recurring rates for the recovery of conversion costs, with supporting workpapers; and the wire center name, common language identification code, area code, central office code, and intraLATA equal access date for each existing and proposed switch. 723-2-27.5.5 The additional costs incurred for the provision of intraLATA equal access shall be recovered through a rate element charged to all carriers purchasing Feature Groups C or D access in the LEC's service territory. The rate element shall be designed to recover only those Commission-approved costs associated with the conversion to intraLATA equal access and shall be recovered during a time period not to exceed three years. The rate element shall be levied on originating intrastate intraLATA LEC access minutes of use. The specific rate element shall be based on the LEC's forecast of total intrastate intraLATA originating minutes of use over the selected recovery period, e.g., three years. The LEC shall have the burden of demonstrating that any proposed conversion costs or traffic forecasts are reasonable. If the LEC elects to recover the costs over a period greater than one year, it must make an annual filing adjusting the rate element based on the most recent twelve months intrastate intraLATA traffic usage data and costs recovered to date. The intraLATA equal access rate element tariff or price list shall include an automatic termination date. This termination date shall coincide with the end of the selected recovery period chosen by the LEC.
723-2-27.6 Scope of IntraLATA Equal Access 723-2-27.6.1 Zero-plus (0+) calls, in which the caller dials 0 plus a local number; zero-minus (0-) calls, in which the caller dials 0 and no further digits; abbreviated dialing arrangements such as 1+411, 611, 811, and 911; cellular 1+ calling-party-pay calls; 976; 676; and 1+home area code+555+1212 calls will continue to be processed by the customer's local exchange carrier following the implementation of intraLATA equal access in any wire center.
723-2-27.6.2 In-WATS calls (1 plus 800 or 888), 1 plus 500 “follow me” or “go anywhere” service, 1 plus 700 interactive information service calls, and 1 plus 900 information service calls are not subject to these intraLATA equal access rules.
723-2-27.6.3 One-plus (1+) interLATA calls; zero-plus (0+) interLATA calls; zero-zero-minus (00-) calls, in which the caller dials 00 and no further digits; and 1+NPA+555+1212 interLATA calls shall be processed by the caller's presubscribed interLATA toll carrier. 723-2-27.6.4 One-plus (1+) intraLATA calls and zero-plus (0+) intraLATA calls shall be routed to the customer's primary intraLATA toll carrier.
723-2-27.6.5 In wire centers where intraLATA equal access is being implemented, intraLATA calling shall be provided to a customer by the existing intraLATA toll provider until the customer selects a different primary intraLATA toll provider. 723-2-27.7 Customer Charges and Procedures 723-2-27.7.1 For the initial implementation of intraLATA equal access in any wire center, all customers in that wire center shall be allowed to select a primary intraLATA carrier at no charge, beginning 30 days prior to implementation and for an additional 120 days following the implementation date.
723-2-27.7.2 No charge shall be imposed for a customer's initial selection of a primary intraLATA carrier, nor for one additional change to an existing preselected intraLATA carrier during that first 120 day period subsequent to conversion to intraLATA equal access. 723-2-27.7.3 No change order for a primary intraLATA toll carrier shall be submitted to a local exchange carrier until the order has been confirmed pursuant to the procedures set forth in 47 C.F.R. Part 64, Subpart K.
723-2-27.7.4 At the time of conversion to intraLATA equal access, the local exchange carrier shall accept only those customer orders for a primary intraLATA toll carrier where the date on which the customer selected this service is no earlier than 90 days prior to the scheduled implementation date. The primary intraLATA toll carrier shall be activated on the implementation date. Where more than one primary intraLATA toll carrier was selected by a customer, the one most recently requested by the customer will be implemented.
723-2-27.8 Use of Customer Information for Marketing Purposes. 723-2-27.8.1 Customer information consisting of information provided in a white pages telephone directory listing in the possession of the local exchange carrier shall be made available to all interexchange carriers requesting participation in intraLATA equal access. In making customer information available, the local exchange carrier shall safeguard and refuse access to any and all customer information entitled to protection and confidentiality as required by applicable federal and state laws. The local exchange carrier may charge for the information based on the Total Service Long-Run Incremental Cost of providing the information. Information relating to customers subscribing to non-published or non-listed telephone number service shall not be made available to the local exchange company itself or any other carriers for the purpose of marketing intraLATA toll services. 723-2-27.9 IntraLATA Equal Access for Payphones.
These intraLATA equal access provisions are applicable to payphones. The person responsible for interexchange carrier selection for the payphone shall select the intraLATA toll carrier. 723-2-27.10 Waivers and Exemptions.
723-2-27.10.1 Local exchange companies classified as Rural Telecommunications Providers according to § 40-15-503 (2)(d), C.R.S. are not required to provide intraLATA equal access under these rules until and unless a bona fide request is received by an interexchange carrier requesting such equal access. If Rural Telecommunications Providers are required under Federal Communications Commission rules to provide interLATA equal access prior to receiving a bona fide request from an interexchange carrier, such Rural Telecommunications Provider may use these rules to implement both interLATA and intraLATA equal access concurrently in order to minimize costs. 723-2-27.11 Incorporation By Reference.
References in these rules to Part 32, Part 36, and Part 64 Subparts I and K are to rules issued by the Federal Communications Commission. These rules may be found at 47 C.F.R. Parts 32, 36, and 64 Subparts I and K, revised as of October 1, 1997. References to Parts 32, 36, and 64 Subparts I and K do not include later amendments to or editions of those parts. A certified copy of these which have 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/her designees, 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.