4 CCR 723-2-2103 - Application for CPCN or LOR

To request a CPCN to provide basic emergency services or a LOR to provide switched access services, an applicant shall submit the required information by filing an application or the LOR form provided by the Commission on its website. No CPCN or LOR is required for services classified in Part IV of Article 15 of Title 40 of the Colorado Revised Statutes. A provider is not required to, but may apply for a CPCN to provide Part IV services pursuant to this section, unless otherwise required by law or Commission rule.

(a) The application shall include, in the following order and specifically identified, the following information, either in the application or in appropriately identified attachments:

(I) the information required by paragraph 2002(b);

(II) name, mailing address, toll free telephone number, facsimile number, and e-mail address of applicant's representative responsible for responding to customer disputes;

(III) name, mailing address, telephone number, facsimile number, and e-mail address of applicant's representative responsible for responding to the Commission concerning customer informal complaints;

(IV) the applicant's applicable organizational documents, e.g., Articles of Incorporation; Partnership Agreement; Articles of Organization, etc.;

(V) if the applicant is not organized in Colorado, a current copy of the certificate issued by the Colorado Secretary of State authorizing the applicant to transact business in Colorado;

(VI) a description of the geographic service area for which the applicant seeks authority;

(VII) name and address of applicant's Colorado agent for service of process;

(VIII) a description of the applicant's affiliation, if any, with any other company and the name and address of all affiliated companies;

(IX) the applicant's most recent audited balance sheet, income statement, and statement of retained earnings;

(X) if the applicant is a newly created company that is unable to provide the audited financial information requested in subparagraph (IX): detailed information on the sources of capital funds that will be used to provide the services that are the subject of the application, including the amount of any loans, lines of credit, or equity infusions that have been received or requested, and the names of each source of capital funds;

(XI) the names, business addresses, and titles of all officers, directors, partners, agents and managers who will be responsible for the provisioning of services in Colorado;

(XII) any management contracts, service agreements, marketing agreements or any other agreements between the applicant and any other entity, including affiliates of the applicant, that relate to the provisioning of services in Colorado;

(XIII) identification of any of the following actions by any court or regulatory body within the last five years regarding the provisioning of regulated telecommunications services by the applicant, by any of applicant's agents, officers, board members, managers, partners, or management company personnel, or by any of applicant's affiliates that resulted in:

(A) assessment of fines or civil penalties;

(B) assessment of criminal penalties;

(C) injunctive relief;

(D) corrective action;

(E) reparations;

(F) a formal complaint proceeding brought by any regulatory body;

(G) initiation of or notification of a possible initiation of a disciplinary action by any regulatory body, including, but not limited to, any proceeding to limit or to place restrictions on any authority to operate, any CPCN, or any service offered;

(H) refusal to grant authority to operate or to provide a service;

(I) limitation, de-certification, or revocation of authority to operate or to provide a service; or

(J) any combination of the above.

(XIV) For each item identified in subparagraph (XIV) of this paragraph: an identification of the jurisdiction, summary of any applicable notification of a possible initiation or pending procedure, including the docket/proceeding, case, or file number, and, upon the request of the Commission or Commission staff, a copy of any written decision; and

(XV) acknowledgment that by signing the application, the applicant:

(A) certifies that it possesses the requisite managerial qualifications, technical competence, and financial resources to provide the services for which it is applying;

(B) understands that:

(i) the filing of the application does not by itself constitute authority to operate; and

(ii) if the application is granted, the applicant shall not provide service until:

(a) the applicant complies with applicable Commission rules and any conditions established by Commission order granting the application; and

(b) has an effective tariff on file with the Commission, if applicable;

(C) agrees to respond in writing, within ten days, to all customer informal complaints made to the Commission;

(D) agrees to contribute, in a manner prescribed by statute, rule, or order of the Commission, to the funding of:

(i) Telecommunications Utility Fund

(ii) Colorado High Cost Support Mechanism;

(iii) Colorado Telephone Users with Disabilities Fund;

(iv) Emergency Telecommunications Services (e.g., 9-1-1 and E 9-1-1); and

(v) any other financial support mechanism created by § 40-15-502(4), C.R.S., and adopted by the Commission, and

(E) certifies that it will not unjustly discriminate among customers in the same class of service; and

(F) certifies that the applicant will not permit any other person or entity to operate under its Commission-granted authority without explicit Commission approval.

(b) An applicant may additionally seek a Commission determination that the services they provide or seek to provide are telecommunications services. An applicant may submit evidence, such as a verified statement from an officer, director, or manager detailing those services.

(c) If an applicant is requesting a LOR for switched access services, its application shall include the information required by subparagraphs (a)(I) - (VII) and (XIII) - (XV).

Notes

4 CCR 723-2-2103

39 CR 21, November 10, 2016, effective 12/1/2016 40 CR 15, August 10, 2017, effective 9/1/2017 41 CR 03, February 10, 2018, effective 3/2/2018 42 CR 02, January 25, 2019, effective 2/14/2019 42 CR 07, April 10, 2019, effective 4/30/2019 43 CR 02, January 25, 2020, effective 2/14/2020 43 CR 17, September 10, 2020, effective 8/17/2020 44 CR 17, September 10, 2021, effective 8/11/2021 44 CR 18, September 25, 2021, effective 10/15/2021 45 CR 03, February 10, 2022, effective 12/29/2021 45 CR 01, January 10, 2022, effective 1/30/2022 46 CR 05, March 10, 2023, effective 3/30/2023