C06-0772Decision No. C06-0772
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
06R-369TDOCKET NO. 06R-369T
IN THE MATTER OF EMERGENCY RULES RELATING TO THE deFAULT REGULATION OF COMPETITIVE LOCAL EXCHANGE CARRIERS.
ORDER ADOPTING EMERGENCY RULES
Mailed Date:       July 3, 2006
Adopted Date:  June 14, 2006
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules entitled Default, Alternative and Simplified forms of Regulation; Refraining from Regulation; and Reclassification of Parts II and III Services, 4 Code of Colorado Regulations (CCR) 723-2-2203, pursuant to Commission Decision No. C05-0802 in consolidated Docket Nos. 04A-411T and 04D-440T.  For the reasons set forth in this Decision, we now adopt on an emergency basis (i.e., without compliance with the rulemaking requirements for permanent rules set forth in § 24-4-103, C.R.S.) the emergency rules appended to this Decision as Attachment A, in the format pursuant to Docket No. 03R-524T.  We take this action in accordance with the provisions of § 24-4-103(6), C.R.S.
2.	Generally, the purpose of the rules adopted by this Decision is to continue provide competitive local exchange carriers (CLECs) with two options for default regulation as originally adopted by Decision No. C05-1430, Docket No. 05R-514T, during the pendency of the permanent rulemaking.
3.	We adopt the attached rules as emergency rules in accordance with the provisions of § 24-4-103(6), C.R.S.  We find that immediate adoption of the rules is necessary to provide a process for the continued implementation of the options for default forms of regulation for CLECs.  Further, compliance with the rulemaking requirements associated with permanent rules, as set forth in § 24-4-103, C.R.S. would be contrary to the public interest.
4.	Failure to adopt these rules on an emergency basis would cause a gap in the regulatory treatment of CLECs.  These rules provide a means to allow CLECs to remain competitive with Qwest.
5.	The statutory authority for adoption of these rules is set forth in §§ 24-4-103(6), 40-2-108, 40-4-101, and 40-15-306, C.R.S.  The rules attached to this order shall be effective immediately upon the mailed date of this Decision, and shall remain in effect until permanent rules become effective or for 210 days, whichever period is less.
II.	ORDER
A.	The Commission Orders That:
1.	The emergency rules appended to this Decision as Attachment A are hereby adopted as emergency rules consistent with the above discussion.
2.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
June 14, 2006.

	THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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Commissioners	
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