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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2021-00447


CCR details

Tracking Number 2021-00447
Type of Filing Emergency
Department 700 Department of Regulatory Agencies
Agency 723 Public Utilities Commission
CCR Number 4 CCR 723-2
CCR Title RULES REGULATING TELECOMMUNICATIONS SERVICES AND PROVIDERS OF TELECOMMUNICATIONS SERVICES

Proposed rule

Rule
Additional Information
Statutory Authority § 24-4-103(6), C.R.S.
Purpose/Objective of Rule By this Decision, the Commission adopts temporary rules to comply with the additions of or amendments to §§ 24-33.5-2103, 25-3.5-903, 29-11-100 to -107, 39-21-113 and 119.5, and 40-2-131, C.R.S., pursuant to House Bill (HB) 20-1293. Among its requirements, §§ 29-11-100.2 through 102.5, C.R.S., include that the Commission, by October 1, 2020, and each October 1 thereafter, must establish: (1) the authorized threshold amount above which applications are required to increase the local Emergency Telephone Charge; (2) a statewide 9-1-1 surcharge; (3) a prepaid wireless 9-1-1 surcharge; and (4) formulas for the distribution of money from the statewide 9-1-1 surcharge and the wireless prepaid 9-1-1 charge. In order to comply with these statutory requirements by October 1, 2021, thereby protecting the public health, welfare, and safety by continuing required 9-1-1 service provision statewide, we find it imperatively necessary to adopt temporary rules. These temporary rules set forth processes and procedures to allow the Commission to establish the items listed above, on or before October 1, 2021. These temporary rules are effective for the earlier of 210 days from the effective date of this Decision, or until the Commission issues permanent rules to implement HB 20-1293. See § 40-2-108(2), C.R.S. For the reasons set forth in this Decision, we have the authority to adopt temporary rules under § 24-4-103(6), C.R.S.
Basis And Purpose BasisAndPurposeAttachment2021-00447.pdf
Comments We find that these matters require our immediate and continuing attention to comply with state law and to protect the health, safety, and welfare of the public, which uses the emergency telephone system “as the most effective and familiar way… of seeking emergency assistance.” We also find that the time that will transpire before completing a permanent rulemaking on these issues would prevent fulfillment of HB 20-1293’s October 1 deadlines and would risk the health, safety, and welfare of the public which depends on an adequately-funded emergency telephone system. Thus, we immediately adopt temporary rules addressing the establishment of certain funding mechanisms that are imperatively necessary to timely comply with state law and to preserve public health, safety, and welfare.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number House Bill 20-1293
Contact Name Becky Quintana
Contact Title Deputy Director Commission Policy and Research Sup
Contact Telephone 303-894-2881
Contact email rebecca.quintana@state.co.us

Adopted rule

Adopted Rules AdoptedRules02021-00447.doc
Redline Redline2021-00447.pdf
Emergency Justification EmergencyJustificationPathAttach2021-00447.pdf
Adopted Date 07/29/2021
Emergency AGO requested date 07/29/2021
Attorney General Opinion 08/18/2021
Colorado Register publication date 09/10/2021
Effective Date 07/29/2021
Inserted into CCR 08/24/2021
  
  
  
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