§ 40-5-105 — Certificate or assets may be sold, assigned, or leased

(1) The
assets of any public utility, including any certificate of public convenience and
necessity or rights obtained under any such certificate held, owned, or obtained by
any public utility, may be sold, assigned, or leased as any other property, but only
upon authorization by the commission and upon such terms and conditions as the
commission may prescribe; except that this section does not apply to assets that
are sold, assigned, or leased:

(a) In the normal course of business; or

(b) That are owned by a telecommunications service provider and:

(I) Are not used in the provision of regulated telecommunications services; or

(II) (A) Are land and support assets and are not directly used in the provision
of regulated telecommunications services.

(B) A telecommunications service provider shall provide notice to the
commission of transactions subject to this subparagraph (II), along with the
associated accounting entries on the provider's books and records, to permit the
commission to determine, if necessary, the disposition of any gain or loss from the
transaction.

Legislative History

Source: L. 45: p. 526, � 2. CSA: C. 137, � 36. CRS 53: � 115-5-5. C.R.S. 1963: � 115-5-5. L. 69: p. 938, � 31. L. 71: p. 1100, � 1. L. 2004: Entire section amended, p. 164, � 1, effective March 17.