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 40-15-208 - [Effective Until 8/7/2024] High cost support mechanism - Colorado high cost administration fund - creation - purpose - operation - rules - report - repeal

(1)
(Deleted by amendment, L. 2008, p. 1703, § 3, effective June 2, 2008.)
(2)
(a)
(I)
The commission is hereby authorized to establish a mechanism for the support of universal service, also referred to in this section as the "high cost support mechanism", which must operate in accordance with rules adopted by the commission. The primary purpose of the high cost support mechanism is to provide financial assistance as a support mechanism to:
(A)
Help make basic local exchange service affordable and allow for reimbursement to providers, as specified in subsections (2)(a)(IV) and (4) of this section; and
(B)
Provide access to broadband service in unserved areas pursuant to this section and section
24-37.5-119
only.
(II)
The high cost support mechanism shall be supported through a neutral assessment on all telecommunications providers in Colorado.
(III)
The commission shall maintain the rate of the high cost support mechanism surcharge at the surcharge rate established as of January 1, 2018; except that, on and after July 1, 2023, the commission may reduce the surcharge rate to ensure that the amount of money collected does not exceed twenty-five million dollars in calendar year 2024.
(IV)
The commission shall allocate to the high cost support mechanism account dedicated to broadband deployment, on a quarterly basis and by the end of the month following the previous quarter, the following percentages of the total quarterly amount of high cost support mechanism money collected, minus administrative costs and distributions required under subsection (4) of this section:
(A)
For each quarter in 2019, sixty percent;
(B)
For each quarter in 2020, seventy percent;
(C)
For each quarter in 2021, eighty percent;
(D)
For each quarter in 2022, ninety percent; and
(E)
For each quarter in 2023, one hundred percent.
(V)
The nonrural incumbent local exchange carrier will receive, on a quarterly basis and by the end of the month following the previous quarter, the balance of the remaining quarterly high cost support mechanism collections after the distributions required by subsections (2)(a)(IV) and (4) of this section have been made.
(VI)
In accordance with subsection (2)(a)(IV) of this section, the commission, in making distributions of high cost support mechanism money in the years 2019 through 2023, shall neither:
(A)
Make effective competition determinations; nor
(B)
Apply any section of this article 15 that requires an effective competition determination be made or that in any way conflicts with subsections (2)(a)(IV) and (4) of this section with regard to the distributions.
(b)
Notwithstanding section
24-1-136 (11)(a)(I)
, on or before December 1 of each year, the commission shall submit a written report to the committees of reference in the senate and house of representatives that are assigned to hear telecommunications issues, in accordance with section
24-1-136
, C.R.S., accounting for the operation of the high cost support mechanism during the preceding calendar year and containing the following information, at a minimum:
(I)
The total amount of money that the commission determined should constitute the high cost support mechanism from which distributions would be made;
(II)
The total amount of money ordered to be contributed through a neutral assessment collected by each telecommunications service provider;
(III)
The basis on which the contribution of each telecommunications service provider was calculated;
(IV)
The benchmarks used and the basis on which the benchmarks were determined;
(V)
The total amount of money that the commission determined should be distributed from the high cost support mechanism;
(VI)
The total amount of money distributed to each telecommunications service provider from the high cost support mechanism;
(VII)
The basis on which the distribution to telecommunications service providers was calculated;
(VIII)
As to each telecommunications service provider receiving a distribution, the amount received by geographic support area and type of customer, the way in which the benefit of the distribution was applied or accounted for;
(IX)
The proposed benchmarks, the proposed contributions to be collected through a neutral assessment on each telecommunications provider, and the proposed total amount of the high cost support mechanism from which distributions are to be made for the following calendar year; and
(X)
The total amount of distributions made from the high cost support mechanism, directly or indirectly, and how they are balanced by rate reductions by all providers for the same period and a full accounting of and justification for any difference.
(c)
If the report submitted pursuant to paragraph (b) of this subsection (2) contains a proposal for an increase in any of the amounts listed in subparagraph (IX) of said paragraph (b), such increase shall be suspended until March 31 of the following year.
(d)
Repealed.
(e)
In addition to the annual report submitted under paragraph (b) of this subsection (2) by the commission, the department of regulatory agencies shall include in its presentation to the appropriate legislative committee under the requirements of part 2 of article
7
of title
2
, C.R.S., an update on the implementation and administration of the high cost support mechanism.
(3)
(a)
There is hereby created, in the state treasury, the Colorado high cost administration fund, referred to in this section as the "fund", which shall be used to reimburse the commission and its contractors for reasonable expenses incurred in the administration of the high cost support mechanism, including administrative costs incurred in association with broadband service, as determined by rules of the commission. The general assembly shall appropriate annually the money in the fund that is to be used for the direct and indirect administrative costs incurred by the commission and its contractors. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund. Only the money in the high cost support mechanism that is necessary for administering the high cost support mechanism shall be transmitted to the state treasurer, who shall credit the same to the fund. All interest derived from the deposit and investment of money in the fund remains in the fund and does not revert to the general fund.
(b)
Repealed.
(c)
Notwithstanding any provision of paragraph (a) of this subsection (3) to the contrary, on July 31, 2009, the state treasurer shall deduct from the fund an amount equal to the amount transferred to the fund pursuant to Senate Bill 09-272, enacted in 2009, and transfer such amount to the general fund.
(4)
Notwithstanding any other provision to the contrary in sections
40-15-207
and
40-15-502
or this section, rural telecommunications providers receiving support from the high cost support mechanism as of January 1, 2017, will continue to receive support, on a quarterly basis and by the end of the month following the previous quarter, at the same level of reimbursement established by averaging the payments received for calendar years 2015 and 2016, for the period of January 1, 2019, through September 1, 2024. The commission shall administer the high cost support mechanism to ensure compliance with this section.
(5)
On or before December 31, 2018, the commission shall establish a plan to eliminate, on an exchange-area-by-exchange-area basis, obligations imposed pursuant to sections
40-15-401 (1)(b)(IV)
and
40-15-502 (5)(b) and (6)(a)
consistent with the reductions in the high cost support mechanism distributions for basic service pursuant to subsection (2)(a)(IV) of this section.
(6)
This section is repealed, effective September 1, 2024. Before the repeal, the department of regulatory agencies shall, in accordance with section
24-34-104
, review the powers, duties, and functions of the commission regarding the administration of the high cost support mechanism.
Amended by 2023 Ch. 33, § 2, eff. 8/7/2023.
Amended by 2021 Ch. 489, § 6, eff. 7/7/2021.
Amended by 2018 Ch. 89, § 2, eff. 8/8/2018.
Amended by 2017 Ch. 4, § 7, eff. 8/9/2017.
Amended by 2014 Ch. 173, § 2, eff. 5/10/2014.
Amended by 2014 Ch. 152, § 5, eff. 5/9/2014.
Amended by 2013 Ch. 316, § 132, eff. 8/7/2013.
L. 92: Entire section added, p. 2126, § 1, effective April 16. L. 95: Entire section amended, p. 756, § 5, effective May 24. L. 98: Entire section amended, p. 702, § 1, effective July 1. L. 2001: IP(2)(b) amended, p. 1181, § 23, effective August 8. L. 2008: (1) and (2)(a) amended, p. 1703, § 3, effective June 2. L. 2009: (2)(a), (2)(b)(II), (2)(b)(IX), (2)(b)(X), and (3) amended, (SB 09-272), ch. 948, p. 948, § 1, effective May 1; (3) amended, (SB 09-279), ch. 1932, p. 1932, § 25, effective June 1. L. 2013: (2)(a)(I) amended, (HB 13-1300), ch. 1707, p. 1707, § 132, effective August 7. L. 2014: (2)(a)(I) amended, (HB 14-1331), ch. 526, p. 526, § 5, effective May 9; (2)(a) and (3)(a) amended and (2)(e) added, (HB 14-1328), ch. 630, p. 630, § 2, effective May 10. L. 2017: IP(2)(b) amended, (SB 17 -044), ch. 8, p. 8, § 7, effective August 9. L. 2018: (2)(a) and (3)(a) amended and (4) to (6) added, (SB 18-002), ch. 707, p. 707, § 2, effective August 8. L. 2021: (2)(a)(I)(B) amended, (HB 21-1109), ch. 3527, p. 3527, § 6, effective July 7.
(1) Subsection (2)(d)(II) provided for the repeal of subsection (2)(d), effective December 31, 1999. (See L. 98, p. 702.)
(2) Amendments to subsection (3) by Senate Bill 09-272 and Senate Bill 09-279 were harmonized.
(3) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2010. (See L. 2009, p. 948.)
(4) Amendments to subsections (2)(a) and (2)(a)(I) by HB 14-1328 and HB 14-1331 were harmonized.
(5) 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.
2023 Ch. 33, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.