C06-1067Decision No. C06-1067
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
06R-495TDOCKET NO. 06R-495T
IN THE MATTER OF the proposed RULES regulating TELECOMMUNICATIONS PROVIDERS, SERVICES, AND PRODUCTS, 4 CODE OF COLORADO REGULATIONS 723-2.
NOTICE OF PROPOSED RULEMAKING
Mailed Date:  September  13, 2006
Adopted Date:  September 6, 2006
I.	BY THE COMMISSION:
A.	Statement
1.	The Colorado Public Utilities Commission (Commission) hereby issues this Notice of Proposed Rulemaking (NOPR) regarding its Rules Regulating Telecommunications Providers, Services, and Products, 4 Code of Colorado Regulations (CCR) 723-2.
2.	The Commission repealed and reenacted its entire body of rules on April 1, 2006.  Due to the complexity of such an undertaking, the need for additional improvements to these rules is necessary.
3.	The basis and purpose of the proposed amendments is to ensure consistency, where possible, among the various sets of Commission rules, centralize common tariff and advice letter provisions in the Rules of Practice and Procedure and make conforming amendments to the substantive telecommunications rules, clarify and supplement customer notice provisions and related definitions, modify the administration of interconnection agreement and amendment processing, modify filing requirements, restructure and update incorporations by reference, and make various stylistic, formatting, and grammatical changes.
4.	The statutory authority for the proposed rules is found in §§ 29-11-106(3); 39-32-104; 40-2-108; 40-3-101; 40-3-102; 40-3-103; 40-3-107; 40-3-110; 40-3.4-106; 40-4-101; 40-15-101; 40-15-108(2); 40-15-109(3); 40-15-201; 40-15-203.5; 40-15-208(2)(a); 40-15-301; 40-15-302(1)(a) and (2); 40-15-302.5; 40-15-305; 40-15-404; 40-15-502(1), (3)(a), and (5)(b); 40-15-503; 40-17-103(2) and (3), C.R.S.
5.	The following rules do not constitute a portion of this NOPR:  Rules 2170 through 2179 (Deregulation Of InterLATA Interexchange Telecommunications Services), rule 2187 (Annual Reporting Requirements For Eligible Telecommunications Carriers), rules 2200 through 2203 (default regulation of competitive local exchange carriers), rules 2210 through 2211 (Deregulation Of IntraLATA Interexchange Telecommunications Services), rules 2740 though 2799 (Provisioning Of The Abbreviated Dialing Code 8-1-1), and rule 2855 (High Cost Support Mechanism And Prescribing The Procedures For The Colorado High Cost Administration Fund). These rules are currently the subject of rulemaking in Docket Nos. 05R-528T, 05R-537T, 05R-538T, 05R-527T, 06R-316T, and 05R-529T, respectively.
6.	The proposed amendments will be published in the October 10, 2006, edition of The Colorado Register.  Additionally, interested persons may acquire a copy of the proposed amendments, either in hard-copy or electronic form, from the Commission’s Records Management Unit.  The Records Management Unit may be contacted by phone or email at 303.894.2040 or Cheryl.Fisher@dora.state.co.us, respectively.  The proposed amendments will also be available from the Commission’s website:
	www.dora.state.co.us/puc/rulemaking/RulemakingNotices.htm
7.	Considering the limited scope of the instant NOPR and the Commission’s desire to refine the product of the preceding rulemakings, the Commission requests that interested persons limit their comments to the proposed amendments only.  The instant rulemaking should not be construed as an opportunity to reopen contentious issues that have already been resolved in preceding rulemakings.
8.	An Administrative Law Judge (ALJ) will conduct a hearing on the proposed amendments and related issues at the below-stated time and place.  Interested persons may submit written comments on the amendments, including data, views, or arguments, and present these orally at hearing unless the ALJ deems oral presentations unnecessary.  The Commission encourages interested persons to submit written comments before the hearing scheduled in this matter.  In the event interested persons wish to file comments before the hearing, the Commission requests that such comments be filed no later than October 31, 2006.  Reply comments should be submitted by November 10, 2006.  The Commission prefers that interested persons submitting comments do so both in paper and, when possible, electronic format.  The Commission may post electronically submitted comments to its website.  The Commission will consider all submissions, whether oral or written.
II.	ORDER
A.	The Commission Orders That:
1.	This Notice of Proposed Rulemaking shall be filed with the Colorado Secretary of State for publication in the October 10, 2006, edition of The Colorado Register.
2.	A hearing on the proposed rules and related matters shall be held before an Administrative Law Judge as follows:
	DATE:	November 15, 2006

TIME:	9:00 AM

PLACE:	Commission Hearing Room
	Office Level 2 (OL2)
	Logan Tower
	1580 Logan Street
	Denver, Colorado
3.	The ALJ may set additional hearings, if necessary.
4.	At the time set for hearing in this matter, interested persons may submit written comments and may present these orally unless the ALJ deems oral comments unnecessary.  Interested persons may file written comments in this matter before hearing.  The Commission prefers that such pre-filed comments be submitted in both paper and, when possible, electronic format no later than October 31, 2006.  Reply comments should be submitted by November 10, 2006.
5.	This order is effective on its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING 
September 6, 2006.

	THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

________________________________

________________________________

________________________________
Commissioners	
G:\yelLOW\C06-1067_06R-495T.doc:lp