BASIS, PURPOSE, AND STATUTORY AUTHORITY.

The basis and purpose of these rules is to establish regulations concerning the designation of providers of las resort and the obligations that attach to such a designation. These rules also establish regulations concerning the designation of providers eligible to receive federal universal service assistance. These rules are clear and simple and can be understood by persons expected to comply with them. They do not conflic with any other provision of law. There are no duplicating or overlapping rules. The Commission is authorized to promulgate rules generally by Section 40-2-108, C.R.S., and specifically for telecommunications services by Sections 40-15-201 and 40-15-301. Statutory authority for promulgating these rules is further found in Section 40-15-502(6), C.R.S. These Rules are consistent with 47 U.S.C. 254 and with 47 C.F.R., Part 54.

On May 23, 2001 the Federal Communications Commission released its Fourteenth Report and Order, Twenty-Second Order on Reconsideration and Further Notice of Proposed Rulemaking in CC Docket No. 96-45. In this Order the FCC modified its rules (Part 54) for providing high-cost universal service support to rural telephone companies for the following five years based upon the proposals made by the Rural Task Force established by the Federal-State Joint Board on Universal Service. These rules are necessary to ensure that eligible telecommunication carriers continue to receive support under the federal universal service program.

RULE 4 CCR 723-42-1. APPLICABILITY.

These rules are applicable to all telecommunications service providers: 1) who are designated as a Provider of Last Resort, or Eligible Telecommunications Carrier; or 2) seeking to be designated as a Provider of Last Resort or Eligible Telecommunications Carrier; or 3) seeking to remove a designation as a Provider of Last Resort or Eligible Telecommunications Carrier. RULE 4 CCR 723-42-2. DEFINITIONS.

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

723-42-2.1 Commission. The Colorado Public Utilities Commission. 723-42-2.2 Common Carrier. For the purpose of the designation of an Eligible Telecommunications Carrier, a Common Carrier is a telecommunications provider that offers basic local exchange service to the public on a nondiscriminatory basis.

723-42-2.3 Eligible Telecommunications Carrier (“ETC”). A Common Carrier that is authorized by this Commission, pursuant to Rule 7, to receive federal universal service support as required by 47 U.S.C. 214 (e) (2) .

723-42-2.4 Geographic Area. A Commission-defined, geographic unit usually the same as or smaller than an existing provider's serving area.

723-42-2.5 Provider of Last Resort (“POLR”). A telecommunications provider that is designated by the Commission, pursuant to this Rule, to have the responsibility to offer basic local exchange service to all consumers who request it within a Geographic Area. 723-42-2.6 Rural Telecommunications Provider. A telecommunications provider which serves ' only rural exchanges of ten thousand or fewer access lines and meets one of the following four criteria: 723-42-2.6.1 provides Common Carrier service to any local exchange carrier study area that does not include either: (a) any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most recently available population statistics of the Bureau of the Census; or (b) any territory, incorporated or unincorporated, included in an urbanized area, as defined by the Bureau of the Census as of August 10, 1993; or 723-42-2.6.2 provides telephone exchange service, including exchange access, to fewer than 50,COO access lines; or 723-42-2.6.3 provides basic local exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or 723-42-2.6.4 has less than 15 percent of its access lines in communities of more than 50,000 on February 8, 1996.

723-42-2.7 Service Area. The tern “service area” means a geographic area established by the Commission for the purpose of determining Federal universal service obligations and support mechanisms.

723-42-2.7.1 A service area defines the overall area for which the carrier shall receive support from federal universal service support mechanisms. In the case of a service area served by a rural telephone company, “service area” means such company's “study area”, as defined in 47 C.F.R. Part 36, unless and until the Federal Communications Commission (“FCC”) and the Commission, after taking into account recommendations of a Federal- State Joint Board instituted under section 410(c) of the Telecommunications Act of 1934, establish a different definition of service area for such company. 723-42-2.7.2 If the Commission proposes to define a service area served by a rural telephone company to be other than such company's study area, the FCC will consider that proposed definition in accordance with the procedures set forth in paragraph (c) of 47 C.F.R§54.207.

RULE 4 CCR 723-42-3. DESIGNATION OF PROVIDERS OF LAST RESORT. 723-42-3.1 A telecommunications service provider who holds a. certificate of public convenience and necessity (“CPCN”). to offer basic local exchange service in a Geographic Area on or before July 1, 1996 shall be considered a POLR in those Geographic Areas. 723-42-3.2 Upon application by a provider, the Commission: 1) may, in the case of an area served by a rural telecommunications provider; and 2) shall, in the case of all other areas, permit more than one POLR in a Geographic Area.

723-42-3.3 The Commission shall, upon request by a person within an unserved Geographic Area, or upon its own motion, designate a POLR for that unserved Geographic Area, based upon a determination of the provider best able to provide basic local exchange service to the area. RULE 4 CCR 723-42-4. APPLICATION FOR DESIGNATION AS AN ADDITIONAL PROVIDER OF LAST RESORT.

A telecommunication provider seeking designation as a Provider of Last Resort shall file an application with the Commission requesting designation as a POLR for a specific Geographic Area. 723-42-4.1 Contents of Application. The application shall contain, in the following order and specifically identified, the following information, either in the application or in appropriately identified, attached exhibits:

723-42-4.1.1 Applicant's name and complete address (street, city, state, and zip code), and the name(s) under which the applicant is, or shall be, providing telecommunications service in Colorado;

723-42-4.1.2 A statement identifying the decision(s) of this Commission authorizing the applicant to provide basic local exchange service;

723-42-4.1.3 A statement describing the Geographic Area for which applicant seeks designation as a POLR, If designation for a specific Geographic Area, rather than a statewide designation, is sought, the application shall contain a description of such Geographic Area . by metes and bounds and a map displaying the service area; 723-42-4.1.4 An affirmative statement that the applicant will accept the responsibilities identified in Rule 5;

723-42-4.1.5 A statement of the facts (not in the form of conclusory statements) relied upon by the applicant to demonstrate that it has the managerial, financial and technical ability to provide basic local exchange service throughout that relevant Geographic Area notwithstanding whether there are other providers in that area; 723-42-4.1.6 A statement of the facts (not in the form of conclusory statements) relied upon by the applicant to establish that the POLR designation for that Geographic Area serves the public interest by demonstrating that such designation is consistent with the legislative statements of intent in§§ 40-15-101, 40-15-501 and 40-15-502(7) C.R.S.; 723-42-4.1.7 A statement that the applicant agrees to: (a) answer all questions propounded by the Commission or any authorized member of its staff concerning the application, the subject matter of the application, or any information supplied in support of the application; and (b) permit the. Commission or any authorized member of its staff to inspect the applicant's books and records as part of the investigation into the application, the subject matter of the application, or any information supplied in support of the application; 723-42-4.1.8 A statement indicating, if the application is assigned for hearing by the Commission, the town or city where the applicant prefers the hearing to be held and any alternative choices;

723-42-4.1.9 A statement that the applicant under-stands that the filing of the application does not, by itself, constitute designation as a POLR;

723-42-4.1.10 A statement that, if a designation is granted, applicant understands that such designation is conditional upon compliance with applicable Commission rules and any conditions established by Commission order; and 723-42-4.1.11 An affidavit signed by an officer, a partner, an owner, or an employee, as appropriate, who is authorized to act on behalf of the applicant, stating that the contents of the application are true, accurate, and correct.

723-42-4.2 Processing of Applications. The Commission will process applications in accordance with the Rules of Practice and Procedure found at 4 CCR 723-1.

RULE 4 CCR 723-42-5. OBLIGATIONS OF PROVIDERS OF LAST RESORT. 723-42-5.1 A POLR has the obligation to:

723-42-5.1.1 Offer basic local exchange service to every customer who requests such service within a designated. Geographic Area, regardless of the availability of facilities; 723-42-5.1.2 Be subject to the evolving definition of basic service developed by the Commission pursuant to§40-15-502(2); and 723-42-5.1.3 Advertise the availability of such service and the charges therefore using media of general distribution. At a minimum, a POLR must have customer guide pages in the “White Pages” Directory within the POLR's Geographic Area. Such customer guide pages shall indicate that the provider will offer basic local exchange service to all who request such service within that area.

RULE 4 CCR 723-42-6. REMOVAL OF PROVIDER OF LAST RESORT DESIGNATION. 723-42-6.1 Application to be Filed with the Commission. When there are multiple POLRs in a Geographic Area, telecommunications service providers seeking to relinquish designation as a Provider of Last Resort shall file with the Commission, at least 30 days before the effective date of the proposed relinquishment, an application containing a complete explanation of the proposed relinquishment. The application shall contain an affidavit signed by an officer, a partner, an owner, or an employee, as appropriate, who is authorized to act on behalf of the applicant, stating that the contents of the application are true, accurate, and correct. 723-42-6.2 If the POLR proposes to. discontinue the provision of basic local exchange service, the POLR shall file a plan for transition of its customers to another provider. 723-42-6.2.1 The transition plan filed by the POLR shall . include sufficient notice to permit the purchase or construction of adequate facilities by a remaining POLR or other provider. 723-42-6.2.2 The Commission shall establish a time, not to exceed one year after the approval of the discontinuance, within which such purchase or construction shall be completed. 723-42-6.2.3 During this transition period, the POLR must ensure that customers do not experience a break in service as a result of the POLR discontinuing service. 723-42-6.3 Notice to Customers. In addition to filing an application with the Commission, the POLR shall prepare a written notice stating the proposed discontinuance, and its proposed effective date, and shall mail or deliver the notice at least 30 days before the effective date to all presently served customer or subscribers, including all interconnecting telecommunications providers. The POLR shall separately provide notice to all potentially affected customers through publication for four consecutive weeks in a publication or publications which are distributed in the certificated area affected. A notice shall be mailed to the Board of County Commissioners of each affected county, and to the Mayor of each affected city, town or municipality. 723-42-6.3.1 Form of Notice. The notice required by Rule 6.4 above shall contain the information in Form A.

723-42-6.3.2 Proof of Public Notice. Within 15 days before the date of the proposed discontinuance, the POLR shall file with the Commission a written affidavit stating its compliance with this rule. The affidavit shall state the date notice was completed and the method used to give notice. A copy of the notice shall accompany the affidavit. 723-42-6.4 No hearing needs to be held if no objection, pro-test or intervention is filed. If a hearing is - to be held on an application, the Commission shall endeavor, within its operating constraints, hold the hearing, or a portion thereof, at a location within the local calling area of the affected community.

723-42-6.5 No proposed discontinuance shall be effective until a Commission order approving it has been entered.

RULE 4 CCR 723-42-7. ELIGIBLE TELECOMMUNICATIONS CARRIER (ETC) DESIGNATION. The Commission shall upon its own motion or upon application designate a Common Carrier that meets the requirements of 47 C.F.R. § 54.201(d) as an Eligible Telecommunications Carrier for a Service Area designated by the Commission.

Upon request and consistent with the public interest, convenience, and necessity, the Commission may, in the case of an area served by a Rural Telecommunications Provider, and shall, in the case of all other areas, designate more than one Common Carrier as an Eligible Telecommunications Carrier for a Service Area designated by the Commission, so long as each additional requesting carrier meets the requirements of 47 C.F.R.§ 54.201(d). Before designating an additional Eligible ' Telecommunications Carrier for an area served by a Rural Telecommunications Provider, the Commission shall find that the designation is in the public interest.

723-42-7.1 Designation of ETC. A telecommunications service provider who holds a certificate of public convenience and necessity (“CPCN”) to offer basic local exchange service in a Geographic Area on or before July 1, 1996 shall be considered an ETC in those Service Areas upon self- certification that it is offering the services that are supported by federal universal service support mechanisms under Subpart B of 47 C.F.R. section 54 and§ 254 (c) of the Act. Upon receipt of an affidavit signed by an officer, a partner, an owner, or an employee, as appropriate, who is authorized to act on behalf of the applicant, stating that the contents of the self-certification are true, accurate, and correct, the Commission will issue a order designating the Common Carrier as an ETC.

723-42-7.1.1 Pursuant to Subpart E of 47 C.F.R.§ 54 as of January 1, 1998 all eligible telecommunications carriers shall make available Lifeline service, as defined in§ 54.401, to qualifying low-income consumers.

723-42-7.2 Contents of-Application. An application seeking designation as an ETC shall contain, in the following order and specifically identified, the following information, either in the application or in appropriately identified attached exhibits:

723-42-7.2.1 A statement identifying the decision(s) of this Commission and/or the Federal Communications Commission (FCC) authorizing the applicant to provide telecommunications service.

723-42-7.2.2 A statement describing the Service Area for which applicant seeks designation as an ETC. If designation for a specific Service Area, rather than a statewide designation, is sought, the application shall contain a description of such Service Area by metes and bounds and a map displaying the Service Area;

723-42-7.2.3 A statement of the facts (not in the form of conclusory statements) relied upon by the applicant to demonstrate that it meets the requirements of 47 C.F.R.§54.201(d); 723-42-7.2.4 An affirmative statement that the applicant will offer the services that are supported by the Federal universal service support mechanisms under 47 U.S.C. 254(c); 723-42-7.2.5 An affirmative statement that the applicant is a Common Carrier; 723-42-7.2.6 An affirmative statement that the applicant will advertise the availability of such service and the charges therefore using media of general distribution pursuant to section 214 (e) (I) (B) of the Act. The Commission establishes as guidelines to meet the requirements of section 214 (e) (1) (b), that an ETC should advertise in publications targeted to the general residential market, and an ETC should place customer guide pages in the “White Pages” Directory within the ETC's Service Area. Such customer guide pages should indicate that the provider will offer basic local exchange service to all who request such service within that area; and, 723-42-7.2.7 An affirmative statement that the applicant will make available Lifeline service, as defined in§ 54.401, pursuant to Subpart E of 47 C.F.R.§ 54, to qualifying low-income consumers.

723-42-7.3 Processing of Applications. The Commission will process applications by carriers to be designated an ETC in accordance with the Rules of Practice and Procedure found at 4 CCR 723- 1.

723-42-7.4 State Certification of Support for Federal Support. As required by Federal Communications Commission (“FCC”) Universal Service regulations found at 47 CFR 54.313 and 54.314, and when appropriate, the Commission will file an annual certification with the Administrator of the federal Universal Service Fund (“USF”) and the FCC on behalf of each jurisdictional eligible telecommunications carrier serving lines in the state, stating that all federal high-cost support provided to such carriers within that State will be used only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. 723-42-7.4.1 In making its determination that all federal high-cost support provided to a carrier will be used only for the provision, maintenance, and upgrading of facilities and services for which the support is intended, the Commission may require from a carrier such information as it finds necessary and convenient. At a minimum, carriers shall furnish requested information on a form supplied by the Commission as part of the carrier's annual report.

RULE 4 CCR 723-42-8. RELINQUISHMENT OF ETC DESIGNATION. 723-42-8.1 Application to be Filed with the Commission. When there are multiple ETCs in a Service Area, providers seeking to relinquish designation as an ETC shall file with the Commission, at least 30 days before the effective date of the proposed relinquishment, an application containing a complete explanation of the proposed relinquishment. The application shall contain: 723-42-8.1.1 An affidavit signed by an officer, & partner, an owner, or an employee, as appropriate, who is authorized to act on behalf of the applicant, stating that the contents of the application are true, accurate, and correct.

723-42-8.1.2 If the ETC proposes to discontinue the provision of basic local exchange service, the ETC shall file a plan for transfer of its customers to another ETC or provider. 723-42-8.1.2.1 The transition plan filed by the ETC shall include sufficient notice to permit the purchase or construction of adequate facilities by a remaining ETC or other provider.

723-42-8.1.2.2 The Commission shall establish a time, not to exceed one year after the approval of the discontinuance, within which such purchase or construction shall be completed.

723-42-8.1.2.3 During this transition period, the ETC must ensure that customers do not experience a. discontinuance or lapse in service as a result of the ETC discontinuing service.

723-42-8.1.3 Prior to permitting a telecommunications carrier designated as an eligible telecommunications carrier to cease providing universal service in an area served by more than one eligible telecommunications carrier, the Commission shall require the remaining eligible telecommunications carrier or carriers to ensure that all customers served by the relinquishing carrier will continue to be served. 723-42-8.2 Notice to Customers. In addition to filing an application with the Commission, the ETC shall prepare a written notice stating the proposed discontinuance, and its proposed effective date, and shall mail or deliver the notice at least 30 days before the effective date to all presently served customer or subscribers, including all interconnecting telecommunications providers. The ETC shall separately provide notice to all potentially affected customers through publication once each week for four consecutive weeks in a publication or publications of general circulation in the certificated area affected. A notice shall be mailed to the Board of County Commissioners of each affected county, and to the Mayor of each affected city, town or municipality. 723-42-8.2.1 Form of Notice. The notice required by Rule 8.2 above shall contain the information in Form A.

723-42-8.2.2 Proof of Public Notice. Within 15 days before the date of the proposed discontinuance, the ETC shall file with the Commission a written affidavit stating its compliance with this rule. The affidavit shall state the date notice was completed and the method used to give notice. A copy of the notice shall accompany the affidavit. 723-42-8.3 No hearing needs to be held if no objection, protest or intervention is filed. If a hearing is to be held on an application, the Commission shall endeavor, within its operating constraints, to hold the hearing, or a portion thereof, at a location within the local calling area of the affected community.

723-42-8.4 No proposed discontinuance shall be effective until a Commission order approving it has been entered.

723-42-8.5 Processing of Applications. Applications to relinquish an ETC designation shall be processed in accordance with the Rules of Practice and Procedure found at 4 CCR 723-1. 723-42-8.6 The Commission shall permit an ETC to relinquish its designation as an ETC in any area served by more than one ETC when the Commission concludes that the requirements of Rule 8.1 have been met.

RULE 4 CCR 723-42-9. COMBINED APPLICATIONS.

Applicants may file to be designated as a POLR and to be designated as an ETC in a combined application. Applicants may file to be designated an Eligible Provider pursuant to Rule 4 CCR 723-41-8 in a combined application to be designated as a POLR and/or to be designated as an ETC. Applicants may file to relinquish designation as a POLR, to relinquish designation as an Eligible Provider pursuant to Rule 4 CCR 723-41-8, and to relinquish designation as an ETC in a combined application. In a combined application, the applicant shall follow the application process and must provide all information required for each separate component of the combined application.

RULE 4 CCR 723-42-10. DISAGGREGATION AND TARGETING OF SUPPORT BY RURAL INCUMBENT LOCAL EXCHANGE CARRIERS.

All rural incumbent local exchange carriers who have selected a disaggregation path pursuant to FCC regulations found at 47 CFR Part 54.315 shall file with the Commission as required by subsections 10.1,10.2, or 10.3. In study areas in which a competitive carrier has been designated as a competitive Eligible Telecommunications Carrier prior to the effective date of the FCC's Rule found at 47 CFR Part 54.315, the rural incumbent local exchange carrier may only disaggregate support pursuant to Rule 10.1,10.2, or 10.3.1.3.

723-42-10.1 Path 1: Rural Incumbent Local Exchange Carriers Not Disaggregating and Targeting High- Cost Support:

723-42-10.1.1 A carrier's election of this path becomes effective upon filing by the carrier with the Commission.

723-42-10.1.2 This path shall remain in place for such carrier for at least four years from the date of filing with the Commission except as provided in Rule 10.1.3 below. 723-42-10.1.3 The Commission may require, on! its own motion, upon petition by an interested party, or upon petition by the rural incumbent local exchange carrier, the disaggregation and ó targeting of support under Rules 10.2 or 10.3.

723-42-10.2 Path 2: Rural Incumbent Local Exchange Carriers Seeking Prior Regulatory Approval for the Disaggregation and Targeting of Support.

723-42-10.2.1 A carrier electing to disaggregate and target support under this subsection must file a disaggregation and targeting plan with the Commission. 723-42-10.2.2 Under this subsection a carrier may propose any method of disaggregation and targeting of support consistent with the general requirements detailed in 47 C.F.R.§ 54.315 (e) (effective Oct. 1, 2001).

723-42-10.2.3 A disaggregation and targeting plan under this Rule becomes effective upon approval by the Commission.

723-42-10.2.4 A carrier shall disaggregate and target support under this path for at least four years from the date of approval by the Commission except as provided in Rule 10.2.5 below.

723-42-10.2.5 The Commission ma require, on its own motion, upon petition by an interested party, or upon petition by the rural incumbent local exchange carrier, the disaggregation and targeting of support in a different manner.

723-42-10.2.6 Requests for disaggregation under Path 2 shall be filed in accordance with Commission Rules of Practice and Procedure, 4 CCR 723-1, relating to applications. In addition, such applications shall be served by the applicant upon all carriers that have obtained either ETC or EP status in the carrier's study area at the same time they are filed with the Commission.

723-42-10.3 Path 3: Self-Certification of the Disaggregation and Targeting of Support. 723-42-10.3.1 A carrier may file a disaggregation and targeting plan with the Commission along with a statement certifying each of the following: .

723-42-10.3.1.1 It has disaggregated support to the wire center level; or 723-42-10.3.1.2 It has disaggregated support into no more than two cost zones per wire center; or 723-42-10.3.1.3 That the carrier's disaggregation plan complies with a prior regulatory determination made by this Commission.

723-42-10.3.2 Any disaggregation plan submitted pursuant to this Rule 10.3 must meet the following requirements:

723-42-10.3.2.1 The plan must be supported by a description of the rationale used, including the methods and data relied upon to develop the disaggregation zones, and a discussion of how the plan complies with the requirements of this Rule 10.3. Such filing must provide information sufficient for interested parties to make a meaningful analysis of how the carrier derived its disaggregation plan. 723-42-10.3.2.2 The plan must be reasonably related to the cost of providing service . for each disaggregation zone within each disaggregated category of support. 723-42-10.3.2.3 The plan must clearly specify the per-line level of support for each category of high-cost universal service support provided pursuant to§§ 54.301, 54.303, and/or 54.305 of part 54 of 47 C.F.R., and/or part 36, subpart F of 47 CFR in each disaggregation zone.

723-42-10.3.2.4 If the plan uses a benchmark, the carrier must provide detailed information explaining what the benchmark is and how it was determined. The benchmark must be generally consistent with how the total study area level of support for each category of costs is derived to enable a competitive eligible telecommunications carrier to compare the disaggregated costs used to determine support for each cost zone.

723-42-10.3.3 A carrier's election of this path becomes effective upon filing by the carrier to the Commission.

723-42-10.3.4 A carrier shall disaggregate and target support under this path for at least four years from the date of filing with Commission except as provided in Rule 10.3.5 below. 723-42-10.3.5 The Commission may require, on its own motion, upon petition by an interested party, or upon petition, by the rural incumbent local exchange carrier, modification to the disaggregation and targeting of support selected under this path. 723-42-10.4 Carriers failing to select a disaggregation path, as described in Rules 10.1, 10.2 or 10.3 above, by the deadline specified in 47 C.F.R.§ 54.315, will not be permitted to disaggregate and target federal high-cost support unless ordered to do so by the Commission. RULE 4 CCR 723-42-11. USES OF DISAGGREGATION PATHS.

The Commission will use the disaggregation plans of each incumbent Eligible Telecommunications Carrier established pursuant to Rule 10 not only for disaggregation of Colorado HCSM support but also for the disaggregation of the study area of the rural incumbent local exchange carrier pursuant to 47 CFR Section 54.207 into smaller discrete service areas.

723-42-11.1 Filing of Petition. Where necessary the Commission shall submit a petition to the FCC seeking the agreement of the FCC in redefining the service area of each rural incumbent Eligible Telecommunications Carrier as follows:

723-42-11.1.1 Path 1: Rural incumbent Eligible Telecommunications Carriers Not Disaggragating and Targeting Support: No filing with the FCC is required. 723-42-11.1.2 Path 2: Rural incumbent Eligible Telecommunications Carriers Seeking Prior Regulatory Approval for the Disaggregation and Targeting of Support: The Commission shall submit its petition to the FCC within 60 calendar days following the issuance of the Commission's final order in the Carrier's Path 2 disaggregation proceeding. 723-42-11.1.3 Path 3: Rural incumbent Eligible Telecommunications Carriers Self-Certifying Disaggregation and Targeting of Support:

The Commission shall submit its petition to the FCC within 60 calendar days following the Rural incumbent Eligible Telecommunications Carrier's filing of election of this Path with the Commission. RULE 4 CCR 723-42-12. VARIANCE AMD WAIVER.

The Commission may permit variance or waiver from these rules, if not contrary to law, for good cause shown if it finds that compliance is impossible, impracticable or unreasonable. RULE 4 CCR 723-42-13. INCORPORATION BY REFERENCE.

References in these Rules to Parts 36 and 54, are rules issued by the FCC and have been incorporated by reference in these Rules. These rules may be found at 47 C.F.R. revised as of October 1, 2001. References to Parts 36 and 54 do not include later amendments to or editions of these parts. A certified. copy of these parts which have been incorporated by reference are maintained at the offices of the Colorado Public Utilities Commission, 1580 Logan Street, OL-2, Denver, Colorado 80203 and are available for inspection during normal business hours. Certified copies of the incorporated rules shall be provided at cost upon request. The Director of the Public Utilities Commission, or his designee, will provide information regarding how the incorporated rules may be obtained or examined. These incorporated rules may be examined at any state publications depository library.