As used in this article 15, unless the context
otherwise requires:
(1) Repealed.
(2) Advanced features means custom calling features known as speed
dialing, 3-way calling, call forwarding, and call waiting.
(3) Basic local exchange service or basic service means the
telecommunications service that provides:
(a) A local dial tone;
(b) Local usage necessary to place or receive a call within an exchange area;
and
(c) Access to emergency, operator, and interexchange telecommunications
services.
(3.3) Broadband or broadband service means broadband internet service
provided over a broadband network.
(3.5) Broadband internet service means a retail service that transmits and
receives data from the customer's property or determined point of presence to
substantially all internet endpoints. The term includes any capabilities that are
incidental to and enable the operation of the broadband internet service.
(3.7) Broadband network means the plant, equipment, components,
facilities, hardware, and software used to provide broadband internet service at
measurable speeds of at least ten megabits per second downstream and one
megabit per second upstream or at measurable speeds at least equal to the federal
communications commission's definition of high-speed internet access or
broadband, whichever is faster, with:
(a) Sufficiently low latency to enable the use of real-time communications,
including voice-over-internet-protocol service; and
(b) Either no usage limits or usage limits that are reasonably comparable to
those found in urban areas for the same technology.
(4) Centron and centron-like services means services which provide
custom switching features which include but are not limited to distributive dial
tone, select number screening, toll restriction and screening, nonattendant busy
out, nonattend and call transfer, and select trunk hunting and screening.
(4.5) Commercial mobile radio service or CMRS means cellular or
wireless service, personal communications service, paging service, radio common
carrier service, radio mobile service, or enhanced specialized mobile radio service.
(5) Commission means the public utilities commission of the state of
Colorado.
(5.5) Competitive local exchange carrier or CLEC means a local
exchange provider that is not the incumbent local exchange carrier in an identified
exchange area.
(6) Deregulated telecommunications services means telecommunications
services not subject to the jurisdiction of the commission pursuant to part 4 of this
article.
(6.5) and (6.7) Repealed.
(7) Emerging competitive telecommunications services means
telecommunications services subject to regulation by the commission pursuant to
part 3 of this article.
(8) Exchange area means a geographic area established by the
commission that is used in providing basic local exchange service.
(8.5) FCC means the federal communications commission.
(9) Functionally equivalent refers to services or products which perform
the same or similar tasks or functions to obtain substantially the same result at
reasonably comparable prices.
(9.3) Incumbent local exchange carrier or ILEC has the meaning set forth
in 47 U.S.C. sec. 251 (h).
(9.5) Incumbent provider means a provider that offers broadband internet
service in an unserved area, but that is not providing a broadband network in that
area.
(10) Information services has the same meaning as set forth in 47 U.S.C.
sec. 153.
(10.5) Repealed.
(11) Interexchange provider means a person who provides interexchange
telecommunications service.
(12) Interexchange telecommunications service means telephone service
between exchange areas that is not included in basic local exchange service.
(13) InterLATA means telecommunications services between LATAs.
(14) InterLATA interexchange telecommunications service means long-distance service between LATAs.
(14.5) Internet-protocol-enabled service or IP-enabled service means a
service, functionality, or application, other than voice-over-internet protocol, that
uses internet protocol or a successor protocol and enables an end user to send or
receive a voice, data, or video communication in internet protocol format or a
successor format, utilizing a broadband connection at the end user's location.
(15) IntraLATA means telecommunications service provided within one
LATA.
(16) IntraLATA interexchange telecommunications service means long-distance service within a LATA.
(17) LATA means each local access and transport area which has been
designated in this state by the commission. A LATA may encompass more than one
contiguous local exchange area in this state which serves common social,
economic, or other purposes, even where such area transcends municipal or other
local governmental boundaries.
(17.5) Repealed.
(18) Local exchange provider or local exchange carrier means any person
authorized by the commission to provide basic local exchange service.
(19) New products and services means any new product or service
introduced separately or in combination with other products and services after
January 1, 1988, which is not functionally required to provide basic local exchange
service and any new product or service which is introduced after January 1, 1988,
which is not a repackaged current product or service or a direct replacement for a
regulated product or service. Repackaging any product or service deregulated
under part 4 of this article with any service regulated under part 2 or 3 of this
article shall not be considered a new product or service.
(19.3) Repealed.
(19.5) Nonoptional operator services means operator services requiring an
operator for individualized call processing or specialized or alternative billing,
including, without limitation, credit card calls, calls billed to a third number, collect
calls, and person-to-person calls, or operator services to provide telephone services
to inmates at correctional facilities, as defined in section 17-42-103 (2).
(20) Operator services means services, other than directory assistance,
provided either by live operators or by the use of recordings or computer-voice
interaction to enable customers to receive individualized and select telephone call
processing or specialized or alternative billing functions. Operator services
includes nonoptional operator services, optional operator services, and operator
services necessary for the provision of basic local exchange service.
(20.3) Operator services necessary for the provision of basic local exchange
service means operator services provided when operator intervention is required to
complete a local call or obtain access to emergency services or to directory
assistance.
(20.6) Optional operator services means operator services not defined in
subsection (19.5) or (20.3) of this section, including, without limitation, operator
services provided in connection with conference calling, foreign language
translation, and voice messaging.
(21) Premium services means any enhanced or improved product or service
offered by a telecommunications service provider that is not functionally required
for the provision of basic local exchange or interexchange service and that the
customer may purchase at his or her option.
(22) Private line service means any point-to-point or point-to-multipoint
service dedicated to the exclusive use of an end user for the transmission of any
telecommunications services.
(23) (a) Private telecommunications network means a system, including the
construction, maintenance, or operation of such system, for the provision of
telecommunications service, or any portion of such service, by a person or entity for
the sole and exclusive use of such person or entity and not for resale, directly or
indirectly.
(b) Repealed.
(c) Construction, maintenance, or operation of a private telecommunications
network shall not constitute the provision of public utility service, and such network
shall not be subject to any of the provisions of this article or of articles 1 to 7 of this
title.
(24) Regulated telecommunications services means telecommunications
services treated as public utility services subject to the jurisdiction of the
commission.
(24.5) Rural telecommunications provider means a local exchange provider
that meets one or more of the following conditions:
(a) Provides common carrier service to any local exchange carrier study area,
as defined by the commission, that does not include either:
(I) Any incorporated place of ten thousand inhabitants or more, or any part
thereof, based on the most recently available population statistics of the United
States bureau of the census; or
(II) Any territory, incorporated or unincorporated, included in an urbanized
area, as defined by the United States bureau of the census as of August 10, 1993;
(b) Provides telephone exchange service, including exchange access, to
fewer than fifty thousand access lines;
(c) Provides telephone exchange service to any local exchange carrier study
area, as defined by the commission, with fewer than one hundred thousand access
lines; or
(d) Has less than fifteen percent of its access lines in communities of more
than fifty thousand inhabitants.
(25) Special access means any point-to-point or point-to-multipoint service
provided by a local exchange provider dedicated to the exclusive use of any
interexchange provider for the transmission of any telecommunications services.
(26) Special arrangements means custom assemblies of optional
manufactured products which allow users to select nonstandard interfaces and
switched or dedicated facilities in combinations for select, specialized custom
applications, including but not limited to combinations of microwave, coaxial or
copper cable, fiber optics, multiplexing equipment, or specialized electronics.
Special arrangements does not include access.
(27) Special assemblies means services provided to customers who require
special or nonstandard conditioning for interoffice or intraoffice connections or
image-data use interruptions for combination lines.
(28) Switched access means the services or facilities furnished by a
telecommunications provider to interexchange providers that allow them to use the
basic exchange network for origination or termination of interexchange
telecommunications service.
(29) Telecommunications service and telecommunications have the same
meaning as set forth in 47 U.S.C. sec. 153.
(30) Repealed.
(31) Toll service means a type of telecommunications service, commonly
known as long-distance service, that is provided on an intrastate basis and that is:
(a) Not included as a part of basic local exchange service;
(b) Provided between local calling areas; and
(c) Billed to the customer separately from basic local exchange service.
(32) (a) Unserved area means an area of the state that:
(I) Lies outside of municipal boundaries or is a city with a population of fewer
than seven thousand five hundred inhabitants; and
(II) Consists of households that lack access to at least one provider of a
broadband network that uses satellite technology and at least one provider of a
broadband network that uses nonsatellite technology.
(b) Unserved area also means any portion of a state or interstate highway
corridor that lacks access to a provider of a broadband network.
(33) Voice-over-internet protocol service or VoIP service means a service
that:
(a) Enables real-time, two-way voice communications originating from or
terminating at a user's location in internet protocol or a successor protocol;
(b) Utilizes a broadband connection from the user's location; and
(c) Permits a user to generally receive calls that originate on the public
switched telephone network and to terminate calls to the public switched
telephone network.