reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 2 - REGULATED TELECOMMUNICATIONS SERVICES (§§ 40-15-201 — 40-15-209) › Section 40-15-203 - Manner of regulation - refraining from regulation

(1) to (5)
Repealed.
(6)
(a)
Upon its own motion or application of a provider of telecommunications service regulated under this part 2, the commission may, in lieu of reclassification of a service under section
40-15-207
, examine whether it should refrain from regulation and may refrain from regulation for competitive need for specific telecommunications service otherwise subject to its jurisdiction.
(b)
The commission shall approve or deny any such application for refraining from regulation for competitive need within one hundred eighty days after the filing of the application; except that the commission may, by order, defer the period within which it must act for one additional period of sixty days. If the commission has not acted on any such application within the appropriate time period permitted, the application shall be deemed granted.
(7)
The authority granted the commission pursuant to this section is in addition to, and not a limitation upon, other powers of the commission, and such authority shall not be construed to be the sole or exclusive means by which the commission may refrain from regulation under this title.
(8)
Notwithstanding the provisions of this section, no expenses incurred in the solicitation and the provision of services under this section shall be paid, directly or indirectly, by the subscribers of the applicant's regulated services.
Amended by 2014 Ch. 152,§ 3, eff. 5/9/2014.
L. 87: Entire article R&RE, p. 1481, § 1, effective July 2. L. 95: (1) amended, p. 756, § 4, effective May 24. L. 2014: (2), (3), (4), and (5) repealed, (HB 14-1331), ch. 152, p. 524, § 3, effective May 9.
(1) This section is similar to former § 40-15-104 as it existed prior to 1987.
(2) Subsection (1)(b) provided for the repeal of subsection (1), effective July 1, 1996. (See L. 95, p. 756.)
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 2 - REGULATED TELECOMMUNICATIONS SERVICES (§§ 40-15-201 — 40-15-209) › Section 40-15-203.5 - Simplified regulatory treatment for rural telecommunications providers

The commission, with due consideration of the public interest, quality of service, financial condition, and just and reasonable rates, shall grant regulatory treatment that is less comprehensive than otherwise provided for under this article to rural telecommunications providers as defined in section
40-15-102
(24.5). The commission shall issue policy statements and rules and regulations that maintain reasonable regulatory oversight and that consider the cost of regulation in relation to the benefit derived from such regulation. These rules and regulations shall encourage the cost effective deployment and use of modern telecommunications technology. All proposed rules applicable to rural telecommunications providers that come before the commission shall consider the economic impact on rural telecommunications providers and their subscribers. The commission and rural telecommunications providers are encouraged to work together in a cooperative and proactive fashion to implement this section.
L. 93: Entire section added, p. 2080, § 51, effective July 1. L. 2000: Entire section amended, p. 47, § 5, effective March 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 2 - REGULATED TELECOMMUNICATIONS SERVICES (§§ 40-15-201 — 40-15-209) › Section 40-15-204 - Transfer of certificate

Any certificate of public convenience and necessity issued pursuant to this part 2 may be sold, assigned, leased, encumbered, or transferred as other property only upon authorization by the commission.
L. 87: Entire article R&RE, p. 1483, § 1, effective July 2.
This section is similar to former § 40-15-106 as it existed prior to 1987.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 2 - REGULATED TELECOMMUNICATIONS SERVICES (§§ 40-15-201 — 40-15-209) › Section 40-15-205 - Violations

Violations of this part 2 by a telecommunications provider are subject to enforcement and penalties as provided in article
7
of this title.
L. 87: Entire article R&RE, p. 1483, § 1, effective July 2.
This section is similar to former § 40-15-109 as it existed prior to 1987.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 2 - REGULATED TELECOMMUNICATIONS SERVICES (§§ 40-15-201 — 40-15-209) › Section 40-15-206 - [Repealed]

Repealed by 2014 Ch. 152,§4, eff. 5/9/2014.
L. 87: Entire article R&RE, p. 1483, § 1, effective July 2. L. 99: (2) amended, p. 186, § 4, effective March 31. L. 2014: Entire section repealed, (HB 14-1331), ch. 152, p. 526, § 4, effective May 9.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 2 - REGULATED TELECOMMUNICATIONS SERVICES (§§ 40-15-201 — 40-15-209) › Section 40-15-207 - Reclassification of services and products

(1)
(a)
Notwithstanding any other provision of this title, upon its own motion or upon application by any person, the commission shall regulate, pursuant to part 3 of this article, specific telecommunications services regulated under this part 2 upon a finding that there is effective competition in the relevant market for such service and that such regulation under part 3 of this article will promote the public interest and the provision of adequate and reliable service at just and reasonable rates.
(b)
In determining whether effective competition for a specific telecommunications service exists, the commission shall make findings, after notice and opportunity for hearing, and shall issue an order based upon consideration of the following factors:
(I)
The extent of economic, technological, or other barriers to market entry and exit;
(II)
The number of other providers offering similar services in the relevant geographic area;
(III)
The ability of consumers in the relevant geographic area to obtain the service from other providers at reasonable and comparable rates, on comparable terms, and under comparable conditions;
(IV)
The ability of any provider of such telecommunications service to affect prices or deter competition; and
(V)
Such other factors as the commission deems appropriate.
(c)
In determining geographic areas under paragraph (b) of this subsection (1), the commission shall not be unduly restrictive.
L. 87: Entire article R&RE, p. 1484, § 1, effective July 2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 3 - EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICE (§§ 40-15-301 — 40-15-308) › Section 40-15-301 - Regulation by the commission

(1)
The commission shall regulate the terms and conditions, including rates and charges, under which telecommunications service pursuant to this part 3 is offered and provided to customers exclusively in accordance with the provisions of sections
40-4-101(1)
,
40-4-111
,
40-4-112
, and
40-5-105
and articles
2
, 3, 6, and 7 of this title, unless otherwise specified in this article.
(2)
Switched access is declared to be initially subject to regulation under this part
3
, subject to section
40-15-307
.
Amended by 2014 Ch. 152,§ 6, eff. 5/9/2014.
Amended by 2014 Ch. 150,§ 2, eff. 5/9/2014.
L. 87: Entire article R&RE, p. 1484, § 1, effective July 2. L. 94: (2)(g) added, p. 1064, § 3, effective May 4. L. 2000: (2)(f) amended, p. 418, § 2, effective April 14. L. 2014: (2) amended, (HB 14-1329), ch. 150, p. 513, § 2, effective May 9; (2) amended, (HB 14-1331), ch. 152, p. 526, § 6, effective May 9.
This section is similar to former § 40-15-102 as it existed prior to 1987.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 3 - EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICE (§§ 40-15-301 — 40-15-308) › Section 40-15-302.5 - Resellers of toll services - registration required

(1)
Interexchange providers shall register with the commission in a form satisfactory to the commission. A registration must include, at a minimum, the following information updated within fifteen days after any change:
(a)
The interexchange provider's name and complete address;
(b)
All names under which the interexchange provider does business;
(c)
All names and identification numbers under which the interexchange provider has registered with the Colorado secretary of state or the Colorado department of revenue;
(d)
The name, title, address, and telephone number of an authorized representative to whom the commission may make inquiries; and
(e)
A toll-free telephone number to which consumer inquiries or complaints may be made.
(2)
An interexchange provider that registers in accordance with subsection (1) of this section is exempt from regulation by the commission except as otherwise provided in this section.
(3)
For the purpose of enforcing section
40-15-112
, the commission may exercise any of the powers conferred under articles
1
to
7
of this title against an interexchange provider and, in cases of complaints filed under section
40-6-108
, may order an interexchange provider to make due reparations to the complaining party.
(4)
Pursuant to section
24-50-504 (2)(a)
, C.R.S., the commission shall enter into personal services contracts that create an independent contractor relationship for the administration of this section and section
40-15-112
.
Amended by 2014 Ch. 151, § 4, eff. 5/9/2014.
L. 98: Entire section added, p. 844, § 2, effective May 26. L. 2004: (4) amended, p. 1703, § 48, effective 7/1/2005. L. 2014: IP(1), (1)(a), (1)(b), (1)(c), (2), and (3) amended, (HB 14-1330), ch. 151, p. 518, § 4, effective May 9.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 3 - EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICE (§§ 40-15-301 — 40-15-308) › Section 40-15-303 - Transfer of certificate

Any certificate of public convenience and necessity issued pursuant to this part 3 may be sold, assigned, leased, encumbered, or transferred as other property only upon authorization by the commission.
L. 87: Entire article R&RE, p. 1485, § 1, effective July 2.
This section is similar to former § 40-15-106 as it existed prior to 1987.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 3 - EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICE (§§ 40-15-301 — 40-15-308) › Section 40-15-304 - Violations

Violations of this part 3 by a telecommunications provider are subject to enforcement and penalties as provided in article
7
of this title.
L. 87: Entire article R&RE, p. 1485, § 1, effective July 2.
This section is similar to former § 40-15-109 as it existed prior to 1987.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 3 - EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICE (§§ 40-15-301 — 40-15-308) › Section 40-15-305 - Time period for consideration of deregulation of emerging competitive telecommunications service

(1)
(a)
Notwithstanding any other provision of this title, upon its own motion or upon application by any person, the commission shall deregulate, pursuant to part 4 of this article, specific telecommunications services subject to this part 3 upon a finding that there is effective competition in the relevant market for such service and that such deregulation will promote the public interest and the provision of adequate and reliable service at just and reasonable rates.
(b)
In determining whether effective competition for a specific telecommunications service exists, the commission shall make findings, after notice and opportunity for hearing, and shall issue an order based upon consideration of the following factors as the commission deems applicable in particular cases:
(I)
The extent of economic, technological, or other barriers to market entry and exit;
(II)
The number of other entities offering similar services;
(III)
The ability of consumers to obtain the service from other providers at reasonable and comparable rates, on comparable terms, and under comparable conditions;
(IV)
The ability of any provider of such telecommunications service to affect prices or deter competition;
(V)
Such other relevant and necessary factors, including but not limited to relevant geographic areas, as the commission deems appropriate.
(c)
The commission shall approve or deny any such application for deregulation within one hundred eighty days after the filing of the application; except that the commission may, by order, defer the period within which it must act for one additional period of ninety days upon a finding that the proceeding cannot be completed within one hundred eighty days and that the additional time period is necessary for the commission to adequately and completely fulfill its duty under this subsection (1). If the commission has not acted on any such application within the appropriate time period permitted, the application shall be deemed granted.
(d)
In determining geographic areas under paragraph (b) of this subsection (1), the commission shall not be unduly restrictive.
(2)
Any telecommunications service or product not defined in part 1 of this article or not already classified pursuant to parts 2 to 4 of this article shall be classified as an emerging competitive telecommunications service under this part 3.
Amended by 2014 Ch. 151,§ 5, eff. 5/9/2014.
L. 87: Entire article R&RE, p. 1486, § 1, effective July 2. L. 2014: (1)(b)(II) amended, (HB 14-1330), ch. 151, p. 519, § 5, effective May 9.
This section is similar to former § 40-15-110 as it existed prior to 1987.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 3 - EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICE (§§ 40-15-301 — 40-15-308) › Section 40-15-306 - [Repealed]

Repealed by 2014 Ch. 152,§8, eff. 5/9/2014.
L. 87: Entire article R&RE, p. 1486, § 1, effective July 2. L. 2014: Entire section repealed, (HB 14-1331), ch. 152, p. 527, § 8, effective May 9.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 3 - EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICE (§§ 40-15-301 — 40-15-308) › Section 40-15-307 - Switched access

Switched access shall not be deregulated pursuant to section
40-15-305
prior to the enactment of enabling legislation authorizing such deregulation.
L. 87: Entire article R&RE, p. 1487, § 1, effective July 2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 3 - EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICE (§§ 40-15-301 — 40-15-308) › Section 40-15-308 - [Repealed]

L. 87: Entire article R&RE, p. 1487, § 1, effective July 2. L. 93: Entire section amended, p. 2081, § 53, effective July 1. L. 2000: Entire section repealed, p. 419, § 4, effective April 14.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 4 - DEREGULATION (§§ 40-15-401 — 40-15-404) › Section 40-15-402 - No regulation by the commission - no certificate required

(1)
Nothing in articles
1
to
7
of this title or parts 2 and 3 of this article shall apply to deregulated services and products pursuant to this part 4.
(2)
No certificate of public convenience and necessity shall be required for the provision of services under this part 4.
(3)
The commission may not reclassify deregulated services or products under this part 4 or services and products deregulated by the commission pursuant to section
40-15-305(1)
.
L. 87: Entire article R&RE, p. 1487, § 1, effective July 2.
This section is similar to former § 40-15-108 as it existed prior to 1987.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 4 - DEREGULATION (§§ 40-15-401 — 40-15-404) › Section 40-15-403 - General assembly may reregulate

Any telecommunications service or product deregulated pursuant to this part 4 may be reregulated by action of the general assembly.
L. 87: Entire article R&RE, p. 1488, § 1, effective July 2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 4 - DEREGULATION (§§ 40-15-401 — 40-15-404) › Section 40-15-404 - Dispute - interconnection or access

In the event of a dispute between providers of telecommunications services or products deregulated pursuant to this part 4 concerning the terms, conditions, quality, or compensation for the interconnection or access of lines or facilities between providers, any such provider may apply to the commission for resolution of such dispute. After notice and hearing, the commission shall enter its decision resolving any such interconnection or access dispute.
L. 87: Entire article R&RE, p. 1488, § 1, effective July 2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 5 - TELECOMMUNICATIONS POLICY AND PLANNING (§§ 40-15-501 — 40-15-510) › Section 40-15-503.5 - Financial assurance - rules

(1)
The commission may require regulated telecommunications service providers to post a bond or provide other security as a condition of obtaining a certificate, registration, or operating authority, whichever instrument or instruments apply. In setting the amount of the bond or security, the commission may consider the following criteria:
(a)
The financial viability of the service provider, as evidenced by its audited financial statements and its general credit history;
(b)
The total amount of deposits made by customers to the provider to obtain service and the aggregate amount of prepayments made by customers for monthly regulated service; and
(c)
The history of the provider's statutory payment obligations, including those to the Colorado high cost support mechanism, the Colorado telephone relay system, and the Colorado telecommunications utility fund.
(2)
The commission may promulgate rules to implement this section and may impose additional criteria consistent with this section.
Amended by 2019 Ch. 359,§ 25, eff. 5/30/2019.
Amended by 2013 Ch. 89,§ 3, eff. 4/1/2013.
L. 2003: Entire section added, p. 1700, § 7, effective May 14. L. 2013: (1)(c) amended, (SB 13-194), ch. 289, p. 289, § 3, effective April 1. L. 2019: (1)(c) amended, (SB 19-236), ch. 3316, p. 3316, § 25, effective May 30.
Section 31 of chapter 359 (SB 19-236), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct, including power purchase agreements entered into and utility rate-based property development, occurring on or after May 30, 2019.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 5 - TELECOMMUNICATIONS POLICY AND PLANNING (§§ 40-15-501 — 40-15-510) › Section 40-15-504 - [Repealed]

L. 95: Entire part added, p. 752, § 1, effective May 24.
Subsection (4) provided for the repeal of this section, effective July 1, 1997. (See L. 95, p. 752.)
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 5 - TELECOMMUNICATIONS POLICY AND PLANNING (§§ 40-15-501 — 40-15-510) › Section 40-15-505 - [Repealed]

L. 95: Entire part added, p. 753, § 1, effective May 24.
Subsection (5) provided for the repeal of this section, effective July 1, 1997. (See L. 95, p. 753.)
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 5 - TELECOMMUNICATIONS POLICY AND PLANNING (§§ 40-15-501 — 40-15-510) › Section 40-15-506 - [Repealed]

L. 95: Entire part added, p. 754, § 1, effective May 24.
Subsection (3) provided for the repeal of this section, effective July 1, 1997. (See L. 95, p. 754.)
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 5 - TELECOMMUNICATIONS POLICY AND PLANNING (§§ 40-15-501 — 40-15-510) › Section 40-15-507 - [Repealed]

L. 95: Entire part added, p. 754, § 1, effective May 24.
Subsection (2) provided for the repeal of this section, effective July 1, 1996. (See L. 95, p. 754.)
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 5 - TELECOMMUNICATIONS POLICY AND PLANNING (§§ 40-15-501 — 40-15-510) › Section 40-15-508 - [Repealed]

L. 95: Entire part added, p. 755, § 1, effective May 24.
Subsection (2) provided for the repeal of this section, effective July 1, 1999. (See L. 95, p. 755.)
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 5 - TELECOMMUNICATIONS POLICY AND PLANNING (§§ 40-15-501 — 40-15-510) › Section 40-15-509 - Transfer of certificate

Any certificate of public convenience and necessity to provide local exchange service may be sold, assigned, leased, encumbered, or transferred as other property only upon authorization by the commission.
L. 95: Entire part added, p. 755, § 1, effective May 24.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 5 - TELECOMMUNICATIONS POLICY AND PLANNING (§§ 40-15-501 — 40-15-510) › Section 40-15-509.5 - [Repealed]

Repealed by 2021 Ch. 489, § 9, eff. 7/7/2021(transferred to
24-37.5-119
).
L. 2014: Entire section added, (HB 14-1328), ch. 632, p. 632, § 4, effective May 10. L. 2016: (4)(a) amended, (HB 16 -1184), ch. 200, p. 200, § 1, effective 1/1/2017. L. 2017: (3), (4)(a), and IP(8) amended, (SB 17-306), ch. 1907, p. 1907, § 1, effective June 6. L. 2018: (10.5) added, (HB 18 -1116), ch. 24, p. 24, § 1, effective January 29; (3), (5)(a), (5)(b), IP(5)(c), (5)(c)(II)(C), (5)(c)(III), (5)(c)(IV), (5)(f), (7), IP(8), (8)(a), (8)(c), (8)(d)(I), (8)(e), (8)(j), IP(9)(a), and (11) amended, (4)(b) and (6) repealed, and (5)(g), (8)(c.5), (8.5), (10.7), and (10.9) added, (SB 18-002), ch. 710, p. 710, § 4, effective August 8; (8)(g) amended, (HB 18-1099), ch. 731, p. 731, § 1, effective August 8; (10.6) added, (SB 18-104), ch. 734, p. 734, § 2, effective August 8. L. 2019: (8.3) added, (SB 19-078), ch. 2215, p. 2215, § 2, effective May 17. L. 2020: IP(8), (8)(a), and (8)(b) amended, (HB 20-1137), ch. 1162, p. 1162, § 2, effective September 14. L. 2021: Entire section repealed, (HB 21-1109), ch. 3528, p. 3528, § 9, effective July 7.
Section 11 of chapter 489 (HB 21-1109), Session Laws of Colorado 2021, provides that the act repealing this section applies to applications filed on or after July 7, 2021.
Amended by 2020 Ch. 241, § 2, eff. 9/14/2020.
Amended by 2019 Ch. 210, § 2, eff. 5/17/2019.
Amended by 2018 Ch. 89, § 4, eff. 8/8/2018.
Amended by 2018 Ch. 93, § 2, eff. 8/8/2018.
Amended by 2018 Ch. 92, § 1, eff. 8/8/2018.
Amended by 2018 Ch. 2, § 1, eff. 1/29/2018.
Amended by 2017 Ch. 365, § 1, eff. 6/6/2017.
Amended by 2016 Ch. 77, § 1, eff. 1/1/2017.
Added by 2014 Ch. 173, § 4, eff. 5/10/2014.
L. 2014: Entire section added, (HB 14-1328), ch. 173, p. 632, § 4, effective May 10. L. 2016: (4)(a) amended, (HB 16-1184), ch. 77, p. 200, § 1, effective January 1, 2017. L. 2017: (3), (4)(a), and IP(8) amended, (SB 17-306), ch. 365, p. 1907, § 1, effective June 6. L. 2018: (10.5) added, (HB 18-1116), ch. 2, p. 24, § 1, effective January 29; (3), (5)(a), (5)(b), IP(5)(c), (5)(c)(II)(C), (5)(c)(III), (5)(c)(IV), (5)(f), (7), IP(8), (8)(a), (8)(c), (8)(d)(I), (8)(e), (8)(j), IP(9)(a), and (11) amended, (4)(b) and (6) repealed, and (5)(g), (8)(c.5), (8.5), (10.7), and (10.9) added, (SB 18-002), ch. 89, p. 710, § 4, effective August 8; (8)(g) amended, (HB 18-1099), ch. 92, p. 731, § 1, effective August 8; (10.6) added, (SB 18-104), ch. 93, p. 734, § 2, effective August 8.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 15 - INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-15-101 — 40-15-604) › Part 5 - TELECOMMUNICATIONS POLICY AND PLANNING (§§ 40-15-501 — 40-15-510) › Section 40-15-510 - Violations

Violations of this part 5 by a telecommunications provider are subject to enforcement and penalties as provided in article
7
of this title.
L. 95: Entire part added, p. 755, § 1, effective May 24.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 16 - [Repealed] (§ 40-16-101) › Section 40-16-101 - to 40-16-111 - [Repealed]

L. 2011: Entire article repealed, (HB 11-1198), ch. 127, p. 416, §2, effective August 10.
This article was added in 1985.
For current provisions concerning carriers that are not public utilities, see article 10.1 of this title.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 16.5 - [Repealed] (§ 40-16.5-101) › Section 40-16.5-101 - to 40-16.5-109 - [Repealed]

L. 95: Entire article repealed, p. 1211, § 28, effective May 31.
This article was added in 1994 and was not amended prior to its repeal in 1995.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 17 - TELECOMMUNICATIONS RELAY SERVICES FOR TELEPHONE USERS WITH DISABILITIES (§§ 40-17-101 — 40-17-105) › Section 40-17-101 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that many of Colorado's residents are unable to utilize telecommunications facilities without assistance and are therefore telephone users with disabilities. Telephone users with disabilities include people who are deaf, hard of hearing, speech-impaired, deaf-blind, blind and visually impaired, and those with central nervous system disabilities. Telephone users with disabilities constitute a substantial and valuable resource within the United States and the state of Colorado, and this segment of our population needs access to telecommunications facilities in order to be contributing and productive members of our society. The role of telecommunications in our world today is inestimable. Telecommunications is the primary vehicle of commerce and industry, the means to convey and receive information and knowledge, and is one of the ways we communicate with others on a personal as well as business level. Telecommunications results in greater independence and self-sufficiency by expanding the channels for employment opportunities, the market for goods and services, human contact, and fellowship. Telephone users with disabilities should have equal access to this critical tool, not only for their own sake, but for the benefit of society at large. The ability to use telecommunications will enhance the business and personal lives of telephone users with disabilities while stimulating and promoting economic development in Colorado. The general assembly recognizes the vitality and potential of Colorado's individuals with disabilities, including telephone users with disabilities. Telecommunications is vital to our society, and supporting its availability to telephone users with disabilities is a beneficial investment for all of Colorado.
(2)
The general assembly therefore concludes that it is appropriate to provide access to telecommunications for telephone users with disabilities by establishing telecommunications relay services that replace and expand the dual party relay system required pursuant to this article as the article existed prior to July 1, 1992.
Amended by 2016 Ch. 155,§ 2, eff. 9/1/2016.
L. 92: Entire article R&RE, p. 2132, § 1, effective July 1. L. 2016: Entire section amended, (HB 16-1414), ch. 155, p. 483, § 2, effective September 1.
This section is similar to former § 40-17-101 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 17 - TELECOMMUNICATIONS RELAY SERVICES FOR TELEPHONE USERS WITH DISABILITIES (§§ 40-17-101 — 40-17-105) › Section 40-17-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Commission" means the public utilities commission of the state of Colorado.
(2)
Repealed.
(3)
"Telecommunications relay services" means any telecommunications transmission services that allow a person who has a hearing or speech disability to communicate by wire or radio in a manner that is functionally equivalent to the ability of a person who does not have a hearing or speech disability. Such term includes any service that enables two-way communication between a person who uses a telecommunications device or other nonvoice terminal device and a person who does not use such a device.
(4)
"Telephone access line" means each voice grade channel or its equivalent assigned to a residential or commercial end user customer by a voice service provider, regardless of the technology used to provide the service.
(5)
"Voice service provider" means a company that provides telephone access lines to members of the general public who are its customers for voice service.
Amended by 2016 Ch. 155, § 3, eff. 9/1/2016.
Amended by 2015 Ch. 151, § 6, eff. 7/1/2015.
L. 92: Entire article R&RE, p. 2133, § 1, effective July 1. L. 2015: (4) amended, (SB 15-178), ch. 151, p. 457, § 6, effective July 1. L. 2016: (2) repealed, (4) amended, and (5) added, (HB 16-1414), ch. 155, p. 484, § 3, effective September 1.
This section is similar to former § 40-17-102 as it existed prior to 1992.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 17 - TELECOMMUNICATIONS RELAY SERVICES FOR TELEPHONE USERS WITH DISABILITIES (§§ 40-17-101 — 40-17-105) › Section 40-17-105 - Effect of article on method of regulation

(1)
Nothing in this article:
(a)
Affects the method of regulation of providers of telecommunications or voice-over-internet-protocol service by the commission, as set forth in article
15
of this title; or
(b)
Grants to the commission any ability to assert jurisdiction regarding any telecommunications or voice-over-internet-protocol service provider for any purpose other than the purposes specifically described in this article.
Added by 2016 Ch. 155,§ 6, eff. 9/1/2016.
L. 2016: Entire section added, (HB 16-1414), ch. 155, p. 486, § 6, effective September 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 17.5 - 988 SURCHARGE AND PREPAID WIRELESS 988 CHARGE FOR THE 988 CRISIS HOTLINE (§§ 40-17.5-101 — 40-17.5-105) › Section 40-17.5-101 - Definitions

As used in this article 17.5, unless the context otherwise requires:
(1)
"988" means the three-digit abbreviated dialing code used to report a behavioral health crisis.
(2)
"988 access connection" means any communications service including wireline, wireless cellular, interconnected voice over internet protocol, or satellite in which connections are enabled, configured, or capable of making 988 calls. "988 access connection" does not include facilities-based broadband services. The number of 988 access connections is determined by the configured capacity for simultaneous outbound calling. For example, for a Digital Signal-1 (DS-1) level service or equivalent that is channelized and split into separate channels for voice communications, the number of 988 access connections would be equal to the number of channels capable of making simultaneous calls.
(3)
"988 crisis hotline enterprise" or "enterprise" means the 988 crisis hotline enterprise created in section
27-64-103
.
(4)
"988 surcharge" or "surcharge" means the 988 surcharge imposed by the 988 crisis hotline enterprise pursuant to section
27-64-103(4)(a)
.
(5)
"Commission" or "public utilities commission" means the public utilities commission of the state of Colorado created in section
40-2-101
.
(6)
"Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction.
(7)
"Department" means the department of revenue.
(8)
"Person" means any individual; firm; partnership; copartnership; joint venture; association; cooperative organization; corporation, either municipal or private and organized for profit or not; governmental agency; state; county or city and county; political subdivision; state department; commission; board; bureau, fraternal organization, nonprofit organization, estate, trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee, or trustee in bankruptcy; or any other service user.
(9)
"Prepaid wireless 988 charge" or "charge" means the charge imposed by the 988 crisis hotline enterprise pursuant to section
27-64-103(4)(b)
.
(10)
"Retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.
(11)
"Seller" means a person who sells prepaid wireless telecommunications services to another person.
(12)
"Service supplier" means a person providing 988 access connections to any service user in the state, either directly or by resale.
(13)
"Service user" means a person who is provided a 988 access connection in the state.
Added by 2021 Ch. 360,§2, eff. 9/7/2021.
L. 2021: Entire article added, (SB 21-154), ch. 2348, p. 2348, § 2, effective September 7.
2021 Ch. 360, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 17.5 - 988 SURCHARGE AND PREPAID WIRELESS 988 CHARGE FOR THE 988 CRISIS HOTLINE (§§ 40-17.5-101 — 40-17.5-105) › Section 40-17.5-102 - 988 surcharge - collection - rules

(1)
The commission shall collect, on behalf of the 988 crisis hotline enterprise, the 988 surcharge imposed by the enterprise pursuant to section
27-64-103(4)(a)
to fund the enterprise. The commission shall collaborate with the enterprise to establish the amount of the surcharge for the next calendar year.
(2)
Each service supplier shall collect the surcharge from its service users. The surcharge is the liability of the service user and not of the service supplier; except that the service supplier is liable to remit all surcharges that the service supplier collects from service users.
(3)
(a)
The service supplier shall remit the collected surcharges to the commission on a monthly basis in a manner established by the commission. The commission shall establish remittance procedures by rule. A service supplier is subject to the penalties and procedures in section
40-17.5-103
for the failure to collect or correctly remit a surcharge in accordance with this section.
(b)
A service supplier may deduct and retain one percent of the surcharges that are collected by the service supplier from its service users.
(c)
(I)
The state treasurer shall credit the surcharge collections remitted to the commission pursuant to subsection (3)(a) of this section to the 988 crisis hotline cash fund created in section
27-64-104
. Any surcharge transmitted to the state treasurer that is collected on behalf of the 988 crisis hotline enterprise is excluded from state fiscal year spending.
(II)
The commission may retain up to four percent of the collected surcharges necessary to reimburse the commission for its direct and indirect costs of administering the collection and remittance of surcharges for the 988 crisis hotline, including costs related to conducting audits of service suppliers in accordance with section
40-17.5-103
.
(4)
The surcharge imposed by the enterprise pursuant to section
27-64-103(4)(a)
is the only direct 988 funding obligation imposed upon service users in the state. No tax, fee, surcharge, or other charge to fund the 988 crisis hotline is imposed by the state, any political subdivision of the state, or any intergovernmental agency upon a seller or consumer with respect to the sale, purchase, use, or provision of 988 access connection in the state.
(5)
This section does not apply to prepaid wireless telecommunications services.
Added by 2021 Ch. 360,§2, eff. 9/7/2021.
L. 2021: Entire article added, (SB 21-154), ch. 2349, p. 2349, § 2, effective September 7.
2021 Ch. 360, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 17.5 - 988 SURCHARGE AND PREPAID WIRELESS 988 CHARGE FOR THE 988 CRISIS HOTLINE (§§ 40-17.5-101 — 40-17.5-105) › Section 40-17.5-105 - Immunity of providers

No service provider or service supplier, or any employee or agent thereof, shall be liable for any damages in a civil action for injuries, death, or loss to person or property incurred as a result of any act or omission of such service provider, service supplier, employee, or agent in connection with developing, adopting, implementing, maintaining, enhancing, or providing 988 access connection or service, unless such damage or injury was intentionally caused by or resulted from gross negligence of the provider, supplier, employee, or agent.
Added by 2021 Ch. 360,§2, eff. 9/7/2021.
L. 2021: Entire article added, (SB 21-154), ch. 2353, p. 2353, § 2, effective September 7.
2021 Ch. 360, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 18 - RAIL FIXED GUIDEWAY SYSTEM SAFETY OVERSIGHT (§§ 40-18-101 — 40-18-105) › Section 40-18-101 - Definitions

As used in this article 18, unless the context otherwise requires:
(1)
Repealed.
(2)
"Commission" means the public utilities commission of the state of Colorado.
(3)
"Rail fixed guideway system" means any light, heavy, or rapid rail system, monorail, inclined plane, funicular, trolley, or automated guideway used to transport passengers that is not regulated by the federal railroad administration. The term "rail fixed guideway system" does not include funiculars that are passenger tramways as defined in section
12-150-103 (5)(c)
and are subject to the jurisdiction of the Colorado passenger tramway safety board created in section
12-150-104
.
(4)
"System safety program plan" means a document adopted by a transit agency that details its safety policies, objectives, responsibilities, and procedures.
(5)
"System safety program standard" means a safety standard developed by the commission in conformance with
49 CFR 674
, entitled "State Safety Oversight".
(6)
"Transit agency" means an entity operating a rail fixed guideway system.
Amended by 2023 Ch. 303,§ 89, eff. 8/7/2023.
Amended by 2019 Ch. 136, § 259, eff. 10/1/2019.
L. 97: Entire article added, p. 930, § 1, effective August 6. L. 2008: (1) repealed, p. 1807, § 31, effective July 1. L. 2019: IP and (3) amended, (HB 19-1172), ch. 1733, p. 1733, § 259, effective October 1.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 18 - RAIL FIXED GUIDEWAY SYSTEM SAFETY OVERSIGHT (§§ 40-18-101 — 40-18-105) › Section 40-18-102 - Rail fixed guideway system safety oversight program - commission may establish

The commission is authorized to establish an oversight program for the safety and security of rail fixed guideway systems in accordance with section 28 of the "Intermodal Surface Transportation Efficiency Act of 1991",
49 U.S.C. sec. 5330
, and the "Moving Ahead for Progress in the 21st Century Act",
49 U.S.C. sec. 5329
.
Amended by 2013 Ch. 96,§ 2, eff. 8/7/2013.
L. 97: Entire article added, p. 931, § 1, effective August 6. L. 2013: Entire section amended, (HB 13-1103), ch. 96, p. 310, § 2, effective August 7.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 18 - RAIL FIXED GUIDEWAY SYSTEM SAFETY OVERSIGHT (§§ 40-18-101 — 40-18-105) › Section 40-18-103 - Commission to promulgate rules

(1)
The commission shall promulgate rules as are necessary to:
(a)
Require, review, approve, and monitor the creation and implementation of a system safety program plan for each rail fixed guideway system operating in Colorado;
(b)
Investigate hazardous conditions and accidents on rail fixed guideway systems;
(c)
Require corrective action by a transit agency to correct or eliminate hazardous conditions;
(d)
Require that system safety program standards comply with the requirements of
49 CFR 674
, entitled "State Safety Oversight", at a minimum, and also adequately address the issue of personal security.
(2)
The commission shall promulgate rules to establish a system safety oversight program for rail fixed guideway systems operating within the state that, at a minimum, meets the requirements of
49 CFR 674
, entitled "State Safety Oversight".
Amended by 2023 Ch. 303,§ 90, eff. 8/7/2023.
L. 97: Entire article added, p. 931, § 1, effective August 6. L. 2008: (1)(d) amended, p. 1807, § 32, effective July 1.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 18 - RAIL FIXED GUIDEWAY SYSTEM SAFETY OVERSIGHT (§§ 40-18-101 — 40-18-105) › Section 40-18-104 - Confidential investigative reports

Investigative reports of the commission compiled under this article shall be confidential and shall not be discoverable nor used as evidence in any court or administrative action.
L. 97: Entire article added, p. 931, § 1, effective August 6.