To request authority to execute a transfer or encumbrance
of a CPCN or LOR, the transferor and the transferee or lender for an
encumbrance shall file a joint application with the Commission not less than 45
days prior to the effective date of the proposed transfer or encumbrance. If
the transferee does not hold a Commission- issued CPCN and/or LOR, the
transferee shall provide the Commission with the information required pursuant
to rule 2103, and must receive an appropriate Commission grant of authority to
assume the transferor's CPCN and/or LOR. The joint applicants may submit the
required information by filing either a pleading or a completed application
form provided by the Commission on its website.
(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 under which the
transferee or encumberer is, or will be, providing service in Colorado if the
transfer or encumbrance is approved;
(III) the specific assets, including any
operating authority or rights obtained under such operating authority that the
applicants propose to transfer or encumber;
(IV) a statement of the facts (not in the
form of conclusory statements) relied upon to show that the proposed transfer
or encumbrance is consistent with, and not contrary to, the statements of
public policy in ยงยง
40-15-101,
40-15-501, and
40-15-502, C.R.S.; and
(V) acknowledgment that by signing the
application, the joint applicants understand and agree that:
(A) the filing of the application does not,
by itself, constitute authority to execute the transfer or
encumbrance;
(B) the applicants
shall not undertake the proposed transfer or encumbrance unless and until a
Commission decision granting the application is issued;
(C) the granting of the application does not
constitute execution of the transfer or encumbrance, but only represents the
Commission's approval of the request for authority to transfer or
encumber;
(D) if a transfer is
granted, such transfer is conditional upon:
(i) the existence of applicable, effective
tariffs for relevant services, including any required adoption
notices;
(ii) compliance with the
statutes and all applicable Commission rules, including the transferor's filing
an annual report and remitting payment for all amounts due to all applicable
funds or support mechanisms for the period up to the effective date of the
transfer; and
(iii) compliance with
all conditions established by Commission order; and
(E) if the application to transfer or
encumber is granted, the joint applicants shall notify the Commission if the
transfer is not consummated within 60 days of the proposed effective date
stated in the application or if the proposed transfer terms are changed prior
to the consummation date. This notice shall include the proceeding and decision
number(s) which granted the authority to execute the transfer or
encumbrance.
(b) If the Commission has designated either
the transferor or the transferee as a POLR, the application shall also include
the information required by rule 2186 relating to relinquishment of POLR
designation.
Notes
4
CCR 723-2-2110
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
