4 CCR 723-44
BASIS, PURPOSE, AND STATUTORY AUTHORITY These rules are issued under the general authority of §§ 40-2-108 and 40-3-102C.R.S., and are consistent with § 40-15-503C.R.S. and 47 U.S.C. 252(a)(l). They establish the process to be used and the information required by the Commission to review an interconnection agreement, and any amendments submitted to the Commission for approval in accordance with 47 U.S.C. 252(a)(l), requiring that any interconnection agreement negotiated between telecommunications carriers pursuant to the Telecommunications Act of 1996, be submitted to the State commission for consideration under 47 U.S.C. 252{e). The Commission is to act either to approve or to reject: a) a negotiated interconnection agreement, with written findings as to any deficiencies, within ninety (90) days after receipt of the submittal, and b) an arbitrated agreement within thirty (30) days after receipt of the submittal. RULE (4 CCR) 723-44-1. APPLICABILITY.
Pursuant to 47 U.S.C. 252 (a) (1), these rules apply to all agreements, and any. amendments thereto, for interconnection, services, or network elements between Incumbent Local Exchange Carriers and Telecommunications Carriers negotiated before or after February 8, 1996, the date of enactment of the Telecommunications Act of 1996. Pursuant to 47 U.S.C. 252 (e) (l), any interconnection agreements adopted by negotiation or arbitration shall be submitted for approval to the Public Utilities Commission. RULE (4 CCR) 723-44-2 .DEFINITIONS.
The meaning of terms used in these rules shall be consistent with their general usage in the telecommunications industry unless specifically defined by Colorado statute or this rule. In addition to the definitions in this section, the statutory definitions apply. In the event the general usage of terms in the telecommunications industry or the definitions in this rule conflict with the statutory definitions, the statutory definitions control. As used in these rules, unless the context indicates otherwise, the following definitions apply:
723-44-2.1 Application. An application made by a telecommunications carrier with the Commission seeking approval of an agreement pursuant to this Rule. 723-44-2.2 Arbitrated Interconnection Agreement. An Interconnection Agreement or portion thereof, reached through compulsory arbitration.
723-44-2.3 Commission. The Public Utilities Commission of the State of Colorado. 723-44-2.4 Incumbent Local Exchange Carrier (ILEC). Consistent with 47 U.S.C. 251 (h), with respect to an area, the local exchange carrier that:
723-44-2.4.1 on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area and was deemed to be a member of the exchange carrier association pursuant to 47 C.F.R. 69.601 (b) on such date of enactment;
723-44-2.4.2 is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in Rule 2.4.1; or 723-44-2.4.3 is a comparable local exchange carrier determined by the Federal Communications Commission (FCC) to be treated as an incumbent local exchange carrier pursuant to 47 U.S.C. 251(h) (2).
723-44-2.5 Interconnection Agreement. An agreement for interconnection, services, or network elements entered into between or among LECs or Telecommunications Carriers for the purpose of transmission of information by electronic, optical or any other means between separate points by prearranged means.
723-44-2.6 Local Exchange Carrier (LEC). Any Telecommunications Carrier that is engaged in or seeks to engage in the provision of telephone exchange service or exchange access. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under. 47 U.S.C. 332 (c), except to the extent that the FCC finds that such service should be included in the definition of such term.
723-44-2.7 Motion for Approval of an Amendment. A filing with the Commission pursuant to Rule 5 made by a Party seeking approval of an executed amendment to an agreement previously approved by the Commission.
723-44-2.8 Negotiated Interconnection Agreement. An interconnection agreement cr portion thereof, reached through negotiation.
723-44-2.9 Network Element. A facility or equipments used in the provision of a :telecommunications service. Such term also includes features, functions, and capabilities that are provided by means of such facility or equipment, including subscriber numbers, databases, signaling systems,,and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service. 723-44-2.10 Party to the Agreement. Any Telecommunications Carrier which is a signatory to an agreement or any subsequent amendment submitted for approval to the Commission. 723-44-2.11 Report of Adoption (Report). A filing with the Commission pursuant to Rule 6 made by a Party seeking approval of an Interconnection Agreement or an amendment to an agreement previously approved by the Commission.
723-44-2.12 Statement of Generally Available Terms (SGAT). Pursuant to 47 U.S.C. §252 (f), a statement of the terms and conditions, including rates and charges, that an Incumbent Local Exchange Carrier generally offers within the State of Colorado. Such filing shall be known as the SGAT.
723-44-2.13 Telecommunications. The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received regardless of the technology used. 723-44-2.14 Telecommunications Carrier. Any person providing or offering telecommunications services.
723-44-2.15 Telecommunications Equipment. Equipment other than customer premises equipment, used by a carrier to provide telecommunications services, including software integral to such equipment (including upgrades).
723-44-2.16 Telecommunications Service. The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
RULE (4 CCR) 723-44-3. REQUIREMENT TO NOTIFY COMMISSION OF A “REQUEST TO NEGOTIATE”.
An Incumbent Local Exchange Carrier (ILEC) shall notify the Commission that it has received a request to negotiate an interconnection agreement pursuant to 47 U.S.C. 252(a)(l). The notice shall be given to the Director of the Commission within five (5) days after the ILEC receives the request. The notice shall include the names of the parties to the negotiation, the date on which the ILEC received the request for negotiation, and a copy of the request.
RULE (4 CCR) 723-44-4. REQUIREMENT TO SUBMIT AGREEMENT, AND ANY AMENDMENTS FOR APPROVAL.
723-44-4.1 Pursuant to 47 U.S.C. 252(a)(l) and 47 U.S.C. 252 (e) (l), any interconnection agreement adopted by negotiation or arbitration between or among telecommunications carriers shall be submitted for approval to the Commission.
723-44-4.2 Any interconnection agreement not falling within the purview of Rule 4.3 shall be submitted as an application pursuant to Rule 5. Any subsequent amendment to an Interconnection Agreement not falling within the purview of Rule 4.3 shall be submitted for approval to the Commission as a Motion for Approval of an Amendment pursuant to Rule 5.
723-44-4.3 The following types of Interconnection Agreements and amendments may be submitted to the Commission as a Report of Adoption pursuant to Rule 6:
723-44-4.3.1 An Interconnection Agreement accepting in its entirety, without modification, a previously approved and effective Agreement; or 723-44-4.3.2 An Interconnection Agreement accepting in its entirety a Commission approved and effective SGAT; or 723-44-4.3.3 An amendment to an Interconnection Agreement accepting, in its entirety, without modification, previously approved and effective amendments to an Interconnection Agreement; and 723-44-4.3.4 An amendment to an Interconnection Agreement containing mutually agreed upon combinations of contract provisions, rates, and terms that all have been previously approved by the Commission.
723-44-4.4 Filing Entity. It is the preference of the Commission that the application, any subsequent motion, or any Report be made jointly by the parties. However, the filing may be made by a single Party with the express concurrence of the other party(ies).
723-44-4.5 Number of Copies. Fifteen paper copies of the application, motion, or Report and eleven paper copies of the agreement and attachments, or any amendment and attachments, shall be submitted to the Commission. One additional copy shall be submitted in electronic format compatible with PC DOS TEXT, Rich Text Format, WordPerfect, or Microsoft Word. 723-44-4.6 Upon initial receipt of an Interconnection Agreement the Commission will assign a docket number to the Application or the Report of Adoption. Any subsequent amendment to the agreement submitted for approval to the Commission either as a Motion for Approval of an Amendment, or as a Report of Adoption shall use the original docket number. RULE (4 CCR) 723-44-5. INFORMATION TO BE INCLUDED IN THE APPLICATION OR MOTION FOR APPROVAL OF AN AMENDMENT.
The Application or Motion for Approval of an Amendment shall contain, in the following order and specifically identified, the following information, either in the Application or Motion for Approval of an Amendment or in appropriately identified, attached exhibits: 723-44-5.1 Identifying Information.
723-44-5.1.1 The name, address, and telephone number of the parties to the Interconnection Agreement;
723-44-5.1.2 The name under which the parties will provide their services if different from that provided in the carriers' current tariffs on file with the Commission; 723-44-5.1.3 The name and addresses of the parties' representatives, if any, to whom all inquiries should be made;
723-44-5.1.4 If a party is a corporation:
723-44-5.1.5 If a party is a partnership, the name, title, and business address of each partner, both general and limited, and a copy of the partnership agreement establishing the partnership and later amendments, if any (unless a current copy is already on file with the Commission).
723-44-5.1.6 When a Motion for Approval of an Amendment is filed requiring consideration under this Rule 5, the above identifying information need only be supplied to the extent any change has occurred.
723-44-5.2 A Copy of the Entire Agreement or Amendment. The Interconnection Agreement or Amendment in its entirety, including any attachments, shall be submitted to the Commission and, pursuant to 47 U.S.C. 252(a) (l), shall include a detailed schedule of itemised charges for interconnection and each service or network element included in the agreement or amendment. 723-44-5.3 Supporting Information.
723-44-5.3.1 An Application seeking approval of a Negotiated Interconnection Agreement or Motion for Approval of an Amendment shall contain, or refer to a specific section or portion of the agreement or amendment, or by attachment: 723-44-5.3.1.1 A description of the services provided pursuant to the agreement or amendment;
723-44-5.3.1.3 The facts upon which the parties will rely to demonstrate that the agreement or amendment does not discriminate against other telecommunications carriers who are interconnected with any of the parties; and 723-44-5.3.1.4 The facts upon which the Parties will rely to demonstrate that the Interconnection Agreement or Amendment is in the public interest. To demonstrate that the agreement or amendment is consistent with the public interest, the Application or Motion for Approval of an Amendment should at a minimum contain:
723-44-5.3.1.4.2 The agreed upon price of the interconnection services, and the facts upon which the parties will rely to demonstrate that the price is, pursuant to 47 U.S.C. 252(d)(l), just and reasonable for the interconnection of facilities and equipment for purposes of 47 U.S.C. 251(c) (2); just and reasonable for network elements for purposes of 47 U.S.C. 251 (c) (3); based on the cost of providing the interconnection or network element; and nondiscriminatory; and 723-44-5.3.1.4.3 The facts upon which the parties will rely to demonstrate that the Interconnection Agreement or Amendment is in compliance with intrastate telecommunications service quality standards or requirements.
723-44-5.3.2 An Application seeking approval of an Arbitrated Interconnection Agreement shall contain, either in the agreement, or by attachment: 723-44-5.3.2.1 A description of the services provided pursuant to the agreement; 723-44-5.3.2.2 A statement of the means by which the services are provided pursuant to the agreement;
723-44-5.6 Notice to the Public and Opportunity for Public Comment. 723-44-5.6.1 Public Notice. The Parties shall prepare a written notice of the Application or Motion for Approval of an Amendment. A copy of the written notice shall be included in the Application, or Motion for Approval of an Amendment to the Commission. A copy of the written notice shall be submitted in electronic format compatible with PC DOS TEXT, Rich Text Format, WordPerfect, or Microsoft Word. The Commission shall give notice of the filing of an Application, or Motion for Approval of an Amendment by posting the notice on its Internet Web site.
723-44-5.6.2 Additional Notice Requirements. On the day the Application or Motion for Approval of an Amendment is filed with the Commission the parties to the agreement or amendment shall, by first class mail, furnish a written notice that an Application, or Motion for Approval of an Amendment, has been made to: a) any public utility or entity that has made it known to the parties that it desires to receive notices of such filings; and b) the Office of Consumer Counsel. The Application or Motion for Approval of an Amendment shall contain a Certificate of Service.
723-44-5.6.3 Public Comment.
723-44-5.6.3.2 Public comment on an Application seeking approval of an Arbitrated Interconnection Agreement shall be provided within 10 days of the posting of the required notice.
723-44-5.6.4 Intervention.
723-44-5.7 Review Process.
723-44-5.7.1 After an Application or Motion for Approval of an Amendment has been made, the intervention and public comment periods have run, and any necessary hearing has been held, the Commission shall either approve or reject the Application or Motion for Approval of an Amendment with written findings as to any deficiencies. 723-44-5.7.2 Grounds for Rejection:
723-44-5.7.2.2 The Commission may reject an Arbitrated Interconnection Agreement, or arbitrated amendment, or any portion thereof, only if it finds that: 723-44-5.7.2.2.1 The agreement or amendment, or portion thereof, does not meet the requirements of 47 U.S.C. 251 including the regulations prescribed by the FCC pursuant to Section 251; or 723-44-5.7.2.2.2 The agreement or amendment, or portion thereof, does not meet the requirements of 47 U.S.C. 251(d); or 723-44-5.7.2.2.3 The agreement or amendment is not in compliance with intrastate telecommunications service quality standards or requirements.
723-44-5.7.3 Schedule for Decision. If the Commission does not act to approve or reject:
a) the Negotiated Interconnection Agreement or Motion for Approval of an Amendment within ninety (90) days after a submission by the parties, or b) the Arbitrated Interconnection Agreement within thirty (30) days after a submission by the parties; the agreement or amendment shall be deemed approved.
723-44-5.7.4 Schedule for Decision of Interconnection Agreement with Provisions Reached Through both Negotiation and Arbitration. The Commission will review a submitted Interconnection Agreement that contains provisions reached partially through negotiation and partially through compulsory arbitration, pursuant to 47 U.S.C. 252 (b), following the procedures specified above for the review of an agreement reached solely through negotiation.
RULE (4 CCR) 723-44-6. REPORT OF ADOPTION.
Upon execution of an agreement or amendment falling within the purview of Rule 4.3, the parties shall file a Report of Adoption with the Commission.
723-44-6.1 Requirement To File Report. The Report shall contain, in the following order and specifically identified, the following information either in the report or in appropriately identified, attached exhibits:
723-44-6.1.1. Identifying Information.
723-44-6.1.1.2 The name under which the Parties will provide their services if different from that provided in the carriers' current tariffs on file with the Commission;
723-44-6.1.1.3 The name and addresses of the parties' representatives, if any, to whom inquiries should be made;
723-44-6.1.1.4 If a party is a corporation:
723-44-6.1.1.4.2 Location of its principal office; and 723-44-6.1.1.4.3 A copy of its Articles of Incorporation (unless a current copy is already on file with the Commission);
723-44-6.1.1.5 If a party is a partnership, the name, title and business address of each partner, both general and limited, and a copy of the partnership agreement establishing the partnership and later amendments, if any (unless a current copy is already on file with the Commission);
723-44-6.1.2 If the Report being filed is not the initial Interconnection Agreement or amendment filing by the parties with the Commission, the identifying information of Rule
6.1.1 need only be supplied to the extent any change has occurred.
723-44-6.2 A Copy of the Entire Agreement, SGAT, or Amendment. 723-44-6.2.1 A complete copy, including any attachments, of the agreement or amendment shall be submitted as part of the Report including a detailed schedule of itemized charges for interconnection and each service or network element included in the agreement or amendment. If the Commission has not previously and expressly approved one or more of the charges for interconnection, and each service or network element included in the agreement or amendment, the Commission shall reject the Report pursuant to Rule 6.7 below.
723-44-6.2.2 If the parties are adopting previously Commission approved interconnection documents by use of a cover memorandum referencing an underlying document already on file with the Commission, only the copies of the memorandum agreement need be provided.
723-44-6.3 Affidavit. An affidavit, signed by an officer, a partner, an owner, or an employee, as appropriate, who is authorized to act on behalf of the submitter, stating that the contents of the submittal and all attachments, are true, accurate, complete and correct. 723-44-6.4 Effective Date of Previously Approved Agreement, SGAT, or Amendment. 723-44-6.4.1 The Interconnection Agreement resulting from the parties' election to opt into the entire Commission approved, effective SGAT or into a previously approved, effective Interconnection Agreement or amendment shall be effective immediately upon the filing of a complete Report.
723-44-6.4.2 Where the parties to a Commission-approved interconnection agreement mutually agree to amend that agreement by incorporating one or more sections of the Commission approved, effective SGAT, or sections of previously approved, effective Interconnection Agreements, the resulting agreement, as amended shall be effective immediately upon the filing of a complete Report.
723-44-6.5 Notice to the Public and Opportunity for Public Comment. 723-44-6.5.1 Public Notice. The parties shall prepare a written notice of the Report. A copy of the written notice shall be included in the Report. A copy of the written notice shall be submitted in electronic format compatible with PC DOS TEXT, Rich Text Format, WordPerfect, or Microsoft Word. The Commission shall give notice of the filing of the Report by posting the notice on its Internet Web site.
723-44-6.5.2 Additional Notice Requirements.
723-44-6.5.2.2 The written notice shall, at a minimum, contain the following information: a) a statement that a Report has been filed with the Commission, and the date of such filing; b) a general description of the filing; and c) a statement that the filing may be examined more fully at the offices of the Colorado Public Utilities Commission, and the address of the Commission. 723-44-6.5.3 Public Comment. Absent extraordinary ócircumstances and good cause being shown, public comment on a Report seeking approval of an Interconnection Agreement or an Amendment filed pursuant to this Rule 6 is not permitted. 723-44-6.6 Interventions. Absent extraordinary circumstances, and good cause being shown, intervention to a Report seeking approval of an Interconnection Agreement or an Amendment filed pursuant to this Rule 6 is not permitted.
723-44-6.7 Review Process. After a Report has been filed, the Commission shall, at its earliest convenience, by order, either approve or reject the Report with written findings as to any deficiencies.
723-44-6.7.1 Grounds for Rejection. The Commission may reject a Report only if it finds that:
723-44-6.7.2 If the Commission rejects a Report, the parties may then correct and resubmit an appropriate filing.
723-44-6.8 Schedule for Decision. If the Commission does not act to approve or reject the Report within ninety (90) days after the submission of the Report by the Parties, the agreement or amendment shall be deemed approved.
RULE (4 CCR) 723-44-7. EXPEDITED PROCEDURES FOR ADOPTION OF PREVIOUSLY APPROVED SGATS, AGREEMENTS AND AMENDMENTS.
Pursuant to 47 U.S.C. 252 (i), an ILEC shall make available any interconnection, service, or network element provided under an agreement or amendment previously approved by this Commission to which the LEC is a party to any other requesting LEC upon the same terms and conditions as those provided in the agreement. Pursuant to 47 CFR, §51.809 (c) of the FCC's Rules, individual interconnection, service, network element arrangements shall remain available for use by Telecommunications Carriers for a reasonable period of time after the Commission has approved the agreement, SGAT, or amandment. 723-44-7.1 A Telecommunications Carrier seeking to adopt, without modification, in its entirety, a previously approved effective Interconnection Agreement, or Commission approved effective SGAT, shall submit to the ILEC a letter requesting such adoption specifying in detail which Interconnection Agreement, or SGAT, is to be adopted. A copy of the letter shall be provided to the Director of the Commission. The ILEC shall within seven (7) business days after receipt of the letter requesting adoption, provide to the requesting carrier an interconnection agreement, executed by the ILEC, that contains the same rates, terms, and conditions as the prior approved Interconnection Agreement, with the name of requesting carrier and the date of execution inserted. Except for the substitution of the names of the parties and date of execution, no modifications to the underlying prior approved effective Agreement shall be made. Upon execution of the optin Interconnection Agreement by the requesting carrier, the parties shall file a Report pursuant to Rule 6 with the Commission.
723-44-7.2 A Telecommunications Carrier seeking to adopt less than an entire approved effective Agreement, or selected provisions of an approved effective SGAT, shall submit to the ILEC a letter requesting such adoption. The requesting Carrier shall provide as an attachment to the letter to the ILEC a proposed amendment or Agreement specifying in detail the provisions or sections thereof to be adopted. A copy of the letter without attachments shall be provided to the Director of the Commission.
723-44-7.2.1 When receiving a request to opt into only selected provisions or sections of previously approved and effective Agreements or SGAT, the ILEC may require the requesting carrier to accept legitimately related provisions to ensure that the selected provisions or sections retain the context set forth in the Agreement or SGAT. The ILEC shall at all times bear the burden of establishing that the additional provisions are legitimately related to those selected by the Telecommunications Carrier. 723-44-7.2.2 The ILEC shall have a reasonable period of time to submit a formal written response either accepting the Interconnection Agreement or amendment, and signing the agreement or amendment or identifying those additional provisions that the ILEC believes are legitimately related and must also be included as part of the agreement or amendment. Under ordinary circumstances, a reasonable period of time shall be deemed to be fifteen (15) business days. In extraordinary circumstances, where the request is complex, the ILEC shall have additional time to perform its review. When such extraordinary circumstances exist, the ILEC will notify the requesting carrier in writing within fifteen (15) business days from the date of the requesting letter and advise the requesting carrier that additional time is necessary. In no event shall a reasonable period of time be deemed to be greater than twenty (20) business days from the receipt of the requesting letter by the ILEC.
723-44-7.2.3 If the requesting carrier disputes the ILEC's written response that additional provisions are legitimately related, the requesting carrier may immediately request that the dispute be submitted to private dispute resolution (e.g. before a representative from the American Arbitration Association). If the requesting carrier desires that the dispute be submitted to private dispute resolution it must make its request known within fifteen (15) business days from receipt of the response of the ILEC. Alternatively the requesting carrier may elect to use the Accelerated Complaint process of the Commission as found in the Rules of Practice and Procedure of the Commission, 4 CCR 723-1, Rule 61(k). 723-44-7.2.3.1 Each party to the dispute shall bear its own attorney's fees and costs in prosecuting/defending the action. However, if either party is found to have brought or defended the action in bad faith, that party shall be responsible for reimbursing the other party for its reasonable attorney's fees and costs in prosecuting or defending the action.
RULE (4 CCR) 723-44-8. CONFIDENTIALITY OF INFORMATION.
723-44-8.1 Information submitted to the Commission is subject to the provisions of §§ 24-72-201 et seq.,C.R.S. and the Rules of the Commission found at 4 Code of Colorado Regulations 723-16. Under those provisions it is generally presumed that information in Commission files is public information. 723-44-8.2 An agreement for interconnection services or network elements, including the detailed schedule of itemized charges, and any subsequent amendments shall not be considered confidential and shall, pursuant to the provisions of Rule 10, be made available for public inspection. RULE (4 CCR) 723-44-9. CONSOLIDATION OF STATE PROCEEDINGS. Pursuant to 47 U.S.C. 252(g), where not inconsistent with the requirements of the Telecommunications Act of 1996 (the Act), the Commission may, to the extent practical, consolidate proceedings under Sections 214 (e), 251 (f), 252, and 253 of the Act in order to reduce administrative burdens on telecommunications carriers, other parties to the proceedings, and the Commission in carrying out its responsibilities under the Act.
RULE (4 CCR) 723-44-11. WAIVER OF RULES.
The Commission may permit variance from these rules, if not contrary to law, for good cause shown, or it if finds compliance to be impossible, impracticable, or unreasonable. RULE (4 CCR) 723-44-12. INCORPORATION BY REFERENCE.
References to FCC rules are to rules issued by the FCC and have been incorporated by reference in these Rules. These rules may be found at 47 CFR Parts 51, and 69, revised as of October 1, 2000. References to Parts 51 and 69 do not include later amendments to or editions of those parts. A certified copy of those rules 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.