RULES ON LOCAL NUMBER PORTABILITY AND ADMINISTRATION BASIS, PURPOSE AND STATUTORY AUTHORITY.

The basis and purpose of these rules are to provide regulations concerning local number portability so that end-users can choose between authorized providers of basic local exchange services without changing their telephone number. These rules govern the creation of regulatory and technical mechanisms to establish local number portability (LNP) and provide for a number portability database network architecture.

If end-users are unable to retain their telephone numbers when changing telecommunications providers, these end-users may be deterred from responding to service and price differences among competing providers because of the expense and inconvenience involved. Therefore, local number portability promotes competition between telecommunications service providers by eliminating or mitigating a barrier to entry.

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. These rules are issued pursuant to Sections 40-2-108 and 40-15-503(2)(b)(II) C.R.S. RULE 4 CCR 723-34-1. APPLICABILITY.

These rules shall apply to all facilities-based providers of basic local exchange service. RULE 4 CCR 723-34-2. DEFINITIONS.

The meaning of terms used in these rules shall be consistent with their general usage in the telecommunications industry unless specifically defined by Colorado statute or this rule. As used in these rules, unless context indicates otherwise, the following definitions shall apply: 723-34-2.1 Limited Liability Company (LLC) means the legal entity given the responsibility of selecting and managing the NPAC in Colorado and other states that wish to join the Western Region Telephone Number Portability LLC. This entity is made up of representatives of providers that are or will be porting numbers.

723-34-2.2 Number Portability Administration Center (NPAC) means the independent third party administrator of the Service Management System (SMS) and LNP database. 723-34-2.3 Portable NXX means an NXX that the public switched telephone network, in doing call routing, recognizes an address that may require routing on the basis of something other than the dialed digits, and that the telephone company billing system, in determining which provider serves the billed telephone number, recognizes may involve a provider other than the one to which the NXX is assigned.

723-34-2.4 Ported Telephone Number means a telephone number ("TN") that is served (receives dial tone) from a switch other than the one to which the NXX (part of the TN) is assigned. RULE 4 CCR 723-34-3. LOCAL NUMBER PORTABILITY (LNP).

If an end-user changes basic local exchange telecommunications service providers and remains within the same rate area, the end-user shall have the option to retain his or her telephone number or numbers. RULE (4 CCR) 723-34-4. LONG-TERM SERVICE PROVIDER NUMBER PORTABILITY. 723-34-4.1 Long-term service provider number portability, as described in Rule 3, shall be attained by means of a database network architecture.

723-34-4.2 The database network architecture employed shall meet the following performance criteria: 723-34-4.2.1 supports network services, features, and capabilities existing at the time number portability is implemented, including but not limited to emergency services, CLASS features, operator and directory assistance services, and intercept capabilities; 723-34-4.2.2 efficiently uses numbering resources;

723-34-4.2.3 does not require end users to change their telecommunications numbers; 723-34-4.2.4 does not result in unreasonable degradation in service quality or network reliability when implemented;

723-34-4.2.5 does not result in any degradation in service quality or network reliability when customers switch carriers;

723-34-4.2.6 does not result in a carrier having a proprietary interest; 723-34-4.2.7 is able to migrate to location and service portability; and 723-34-4.2.8 has no significant adverse impact outside the areas where number portability is deployed.

723-34-4.3 Implementation. All facilities-based local exchange telecommunications providers shall comply with the implementation schedule at Part 52.2 of Title 47 of the Code of Federal Regulations (CFR) as adopted by the Federal Communications Commission in Decision No. FCC 96-286, dated July 2, 1996, as amended by Decision No. FCC 97-74, dated March 11, 1997. 723-34-4.4 NPAC.

723-34-4.4.1 The long-term service provider portability database shall be administered by an NPAC. The NPAC shall be the exclusive source of LNP database information for facilities- based Colorado service providers.

723-34-4.4.2 The NPAC shall be selected and contracted to perform its duties by the LLC. 723-34-4.4.3 A regional NPAC may be selected if (a) long-term service provider portability will not be delayed and (b) costs will not be significantly increased. RULE 4 CCR 723-34-5. INTERIM SERVICE PROVIDER NUMBER PORTABILITY. 723-34-5.1 Until a database network architecture has been implemented pursuant to Rule 4, all facilities- based providers, except as provided in Rule 5.4, shall offer interim service provider number portability, as described in Rule 3, through the use of Remote Call Forwarding (RCF), Direct Inward Dialing (DID), or other comparable and technically feasible methods mutually . agreeable to both telecommunications providers, as soon as reasonably possible upon receipt of a specific request from another telecommunications carrier.

723-34-5.2 If an end-user changes providers and is eligible to have his or her number ported, the local exchange provider which provided the end-user's original NXX-XXXX shall port calls that are made to that end-user's number to his or her new local exchange provider regardless of the number of times the end-user has changed providers.

723-34-5.3 The charges associated with interim service provider number portability shall not: 723-34-5.3.1 give one telecommunications carrier an appreciable, incremental cost advantage over another telecommunications carrier, when competing for a specific subscriber (i.e., the recovery mechanism may not have a disparate effect on the incremental costs of competing carriers seeking to serve the same customer); or 723-34-5.3.2 have a disparate effect on the ability of competing telecommunications carriers to earn a normal return on their investment.

723-34-5.4 For an incumbent Rural Telecommunications Provider as described in Section 40-15-503(2) (d) C.R.S., within thirty days after a new, facility-based, local exchange provider obtains operating authority and commences operations within its service territory, the incumbent Rural Telecommunications Provider must file tariffs with the Commission providing for interim service provider number portability, as described in Rule 3 and this Rule 6. RULE 4 CCR 723-34-6. INCORPORATION BY REFERENCE.

All material incorporated by reference into these rules comes from Part 52 of Title 47 of the Code of Federal Regulations, as adopted by the Federal Communications Commission in Decision No. FCC 96- 286, July 2, 1996, as amended by Decision No. FCC 97-74, March 11, 1997. These rules do not include later amendments to or editions of the incorporated material. The Director of the Public Utilities Commission, 1580 Logan St., OL-2, Denver, CO 80203, will provide information upon request regarding how the incorporated material may be obtained or examined. Any material that has been incorporated by reference in these rules may be examined at any state publications depository library. RULE 4 CCR 723-34-7. WAIVER AND VARIANCE.

The Commission may waive these rules and permit a variance from these rules, if not contrary to law, for good cause shown if it finds that compliance is impossible, impracticable or unreasonable.