CO Code § 40-15-102 (2021)
2021 Colorado Code|Title 40 - Utilities|Article 15 - Intrastate Telecommunications Services|Part 1 - General Provisions|§ 40-15-102. Definitions

 As used in this article 15, unless the context otherwise requires:    Repealed.    “Advanced features” means custom calling features known as speed dialing, 3-way calling, call forwarding, and call waiting.    “Basic local exchange service” or “basic service” means the telecommunications service that provides:   A local dial tone;    Local usage necessary to place or receive a call within an exchange area; and    Access to emergency, operator, and interexchange telecommunications services.  (3.3) “Broadband” or “broadband service” means broadband internet service provided over a broadband network.   (3.5) “Broadband internet service” means a retail service that transmits and receives data from the customer's property or determined point of presence to substantially all internet endpoints. The term includes any capabilities that are incidental to and enable the operation of the broadband service.  (3.7) “Broadband network” means the plant, equipment, components, facilities, hardware, and software used to provide broadband internet service at measurable speeds of at least ten megabits per second downstream and one megabit per second upstream or at measurable speeds at least equal to the federal communications commission's definition of high-speed internet access or broadband, whichever is faster, with:   Sufficiently low latency to enable the use of real-time communications, including voice-over-internet-protocol service; and    Either no usage limits or usage limits that are reasonably comparable to those found in urban areas for the same technology.          “Centron and centron-like services” means services which provide custom switching features which include but are not limited to distributive dial tone, select number screening, toll restriction and screening, nonattendant busy out, nonattend and call transfer, and select trunk hunting and screening. (4.5) “Commercial mobile radio service” or “CMRS” means cellular or wireless service, personal communications service, paging service, radio common carrier service, radio mobile service, or enhanced specialized mobile radio service.    “Commission” means the public utilities commission of the state of Colorado. (5.5) “Competitive local exchange carrier” or “CLEC” means a local exchange provider that is not the incumbent local exchange carrier in an identified exchange area.    “Deregulated telecommunications services” means telecommunications services not subject to the jurisdiction of the commission pursuant to part 4 of this article. (6.5) and (6.7) Repealed.    “Emerging competitive telecommunications services” means telecommunications services subject to regulation by the commission pursuant to part 3 of this article.    “Exchange area” means a geographic area established by the commission that is used in providing basic local exchange service. (8.5) “FCC” means the federal communications commission.    “Functionally equivalent” refers to services or products which perform the same or similar tasks or functions to obtain substantially the same result at reasonably comparable prices.  (9.3) “Incumbent local exchange carrier” or “ILEC” has the meaning set forth in 47 U.S.C. sec. 251 (h).  (9.5) “Incumbent provider” means a provider that offers broadband internet service in an unserved area, but that is not providing a broadband network in that area.    “Information services” has the same meaning as set forth in 47 U.S.C. sec. 153. (10.5) Repealed.    “Interexchange provider” means a person who provides interexchange telecommunications service.    “Interexchange telecommunications service” means telephone service between exchange areas that is not included in basic local exchange service.    “InterLATA” means telecommunications services between LATAs.    “InterLATA interexchange telecommunications service” means long-distance service between LATAs. (14.5) “Internet-protocol-enabled service” or “IP-enabled service” means a service, functionality, or application, other than voice-over-internet protocol, that uses internet protocol or a successor protocol and enables an end user to send or receive a voice, data, or video communication in internet protocol format or a successor format, utilizing a broadband connection at the end user's location.    “IntraLATA” means telecommunications service provided within one LATA.    “IntraLATA interexchange telecommunications service” means long-distance service within a LATA.    “LATA” means each local access and transport area which has been designated in this state by the commission. A LATA may encompass more than one contiguous local exchange area in this state which serves common social, economic, or other purposes, even where such area transcends municipal or other local governmental boundaries. (17.5) Repealed.    “Local exchange provider” or “local exchange carrier” means any person authorized by the commission to provide basic local exchange service.    “New products and services” means any new product or service introduced separately or in combination with other products and services after January 1, 1988, which is not functionally required to provide basic local exchange service and any new product or service which is introduced after January 1, 1988, which is not a repackaged current product or service or a direct replacement for a regulated product or service. Repackaging any product or service deregulated under part 4 of this article with any service regulated under part 2 or 3 of this article shall not be considered a new product or service.  (19.3) Repealed.  (19.5) “Nonoptional operator services” means operator services requiring an operator for individualized call processing or specialized or alternative billing, including, without limitation, credit card calls, calls billed to a third number, collect calls, and person-to-person calls, or operator services to provide telephone services to inmates at correctional facilities, as defined in section 17-42-103 (2) .    “Operator services” means services, other than directory assistance, provided either by live operators or by the use of recordings or computer-voice interaction to enable customers to receive individualized and select telephone call processing or specialized or alternative billing functions. “Operator services” includes nonoptional operator services, optional operator services, and operator services necessary for the provision of basic local exchange service.  (20.3) “Operator services necessary for the provision of basic local exchange service” means operator services provided when operator intervention is required to complete a local call or obtain access to emergency services or to directory assistance.  (20.6) “Optional operator services” means operator services not defined in subsection (19.5) or (20.3) of this section, including, without limitation, operator services provided in connection with conference calling, foreign language translation, and voice messaging.    “Premium services” means any enhanced or improved product or service offered by a telecommunications service provider that is not functionally required for the provision of basic local exchange or interexchange service and that the customer may purchase at his or her option.    “Private line service” means any point-to-point or point-to-multipoint service dedicated to the exclusive use of an end user for the transmission of any telecommunications services.      “Private telecommunications network” means a system, including the construction, maintenance, or operation of such system, for the provision of telecommunications service, or any portion of such service, by a person or entity for the sole and exclusive use of such person or entity and not for resale, directly or indirectly.    Repealed.    Construction, maintenance, or operation of a private telecommunications network shall not constitute the provision of public utility service, and such network shall not be subject to any of the provisions of this article or of articles 1 to 7 of this title.       “Regulated telecommunications services” means telecommunications services treated as public utility services subject to the jurisdiction of the commission. (24.5) “Rural telecommunications provider” means a local exchange provider that meets one or more of the following conditions:   Provides common carrier service to any local exchange carrier study area, as defined by the commission, that does not include either:   Any incorporated place of ten thousand inhabitants or more, or any part thereof, based on the most recently available population statistics of the United States bureau of the census; or    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;       Provides telephone exchange service, including exchange access, to fewer than fifty thousand access lines;    Provides telephone exchange service to any local exchange carrier study area, as defined by the commission, with fewer than one hundred thousand access lines; or    Has less than fifteen percent of its access lines in communities of more than fifty thousand inhabitants.       “Special access” means any point-to-point or point-to-multipoint service provided by a local exchange provider dedicated to the exclusive use of any interexchange provider for the transmission of any telecommunications services.    “Special arrangements” means custom assemblies of optional manufactured products which allow users to select nonstandard interfaces and switched or dedicated facilities in combinations for select, specialized custom applications, including but not limited to combinations of microwave, coaxial or copper cable, fiber optics, multiplexing equipment, or specialized electronics. “Special arrangements” does not include access.    “Special assemblies” means services provided to customers who require special or nonstandard conditioning for interoffice or intraoffice connections or image-data use interruptions for combination lines.    “Switched access” means the services or facilities furnished by a telecommunications provider to interexchange providers that allow them to use the basic exchange network for origination or termination of interexchange telecommunications service.    “Telecommunications service” and “telecommunications” have the same meaning as set forth in 47 U.S.C. sec. 153.    Repealed.    “Toll service” means a type of telecommunications service, commonly known as long-distance service, that is provided on an intrastate basis and that is:   Not included as a part of basic local exchange service;    Provided between local calling areas; and    Billed to the customer separately from basic local exchange service.         “Unserved area” means an area of the state that:   Lies outside of municipal boundaries or is a city with a population of fewer than seven thousand five hundred inhabitants; and    Consists of households that lack access to at least one provider of a broadband network that uses satellite technology and at least one provider of a broadband network that uses nonsatellite technology.       “Unserved area” also means any portion of a state or interstate highway corridor that lacks access to a provider of a broadband network.       “Voice-over-internet protocol service” or “VoIP service” means a service that:   Enables real-time, two-way voice communications originating from or terminating at a user's location in internet protocol or a successor protocol;    Utilizes a broadband connection from the user's location; and    Permits a user to generally receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.        History. Source: L. 87: Entire article R&RE, p. 1477, § 1, effective July 2. L. 94: (19.5), (20.3), and (20.6) added and (20) amended, p. 1063, § 1, effective May 4. L. 95: (3) amended, p. 756, § 3, effective May 24. L. 97: (23) amended, p. 59, § 1, effective March 24. L. 98: (30) and (31) added, p. 845, § 3, effective May 26. L. 2000: (24.5) added, p. 46, § 1, effective March 10; (20) amended, p. 418, § 1, effective April 14. L. 2003: (19.5) and (20.6) amended, p. 2591, § 1, effective June 5. L. 2005: (6.5) and (19.3) added, p. 465, § 1, effective July 1. L. 2014: (1), (23)(b), and (30) repealed, (5.5) and (8.5) added, and (8), (11), (12), (18), (21), (28), and IP(31) amended,(HB 14-1330), ch. 151, p. 516, § 1, effective May 9; (3), (10), and (29) amended and (4.5), (14.5), and (33) added(HB 14-1329), ch. 150, p. 512, § 1, effective May 9; (3) and (29) amended and (9.3) added(HB 14-1331), ch. 152, p. 523, § 1, effective May 9; (3.3), (3.5), (3.7), (6.7), (9.5), (10.5), (17.5), and (32) added(HB 14-1328), ch. 173, p. 629, § 1, effective May 10. L. 2018: IP, IP(3.7), and (32)(a) amended and (19.3) repealed,(SB 18-002), ch. 89, p. 706, § 1, effective August 8. L. 2020: (17.5) amended,(HB 20-1137), ch. 241, p. 1162, § 1, effective September 14. L. 2021: (19.5) and (20.6) amended,(HB 21-1201), ch. 389, p. 2599, § 4, effective June 30; (6.5), (6.7), (10.5), and (17.5) repealed,(HB 21-1109), ch. 489, pp. 3526, 3528, §§ 4, 9, effective July 7.    Editor's note:    This section is similar to former § 40-15-101 as it existed prior to 1987.    Amendments to subsection (3) by HB 14-1329 and HB 14-1331 were harmonized.    Section 11 of chapter 489 (HB 21-1109), Session Laws of Colorado 2021, provides that the act changing this section applies to applications filed on or after July 7, 2021.     ANNOTATION   Basic local exchange service. Although the public utilities commission (PUC) may add services or features to the general definition of basic service, the bundling of non-telecommunications services or features with the required basic telecommunications services and the charging of a commensurately higher price that exceeds the rate cap stated in § 40-15-502 does not comport with the public policy goals stated in that section. Colo. Office of Consumer Counsel v. Colo. Pub. Utils. Comm'n, 42 P.3d 23 (Colo. 2002).   Interexchange provider. A company that provides a call transfer service that allows a subscriber to place intrastate telephone calls outside of the subscriber's local calling area without incurring long-distance toll charges is an “interexchange provider” pursuant to subsection (11). Avicomm, Inc. v. Colo. Pub. Utils. Comm'n, 955 P.2d 1023 (Colo. 1998).   Interexchange telecommunications services. A company that provides a call transfer service that allows a subscriber to place intrastate telephone calls outside of the subscriber's local calling area without incurring long-distance toll charges provides “interexchange telecommunications services” pursuant to subsection (12). Avicomm, Inc. v. Colo. Pub. Utils. Comm'n, 955 P.2d 1023 (Colo. 1998).   Telecommunications service. A company that provides a call transfer service that allows a subscriber to place intrastate telephone calls outside of the subscriber's local calling area without incurring long-distance toll charges provides “telecommunications service” pursuant to subsection (29). Avicomm, Inc. v. Colo. Pub. Utils. Comm'n, 955 P.2d 1023 (Colo. 1998).   The department of corrections is not a provider of telecommunications service as defined in this section and therefore not subject to review or regulation by the PUC with respect to inmate telephone system. Powell v. Colo. Pub. Utils. Comm'n, 956 P.2d 608 (Colo. 1998).