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

Colorado Statutes

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

Colorado § 40-5-105

Title 40Utilities

Art.New Construction - Extension

This text of Colorado § 40-5-105 (Certificate or assets may be sold, assigned, or leased) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 40-5-105 (2026).

Text

(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 servic

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(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.