4 CCR 723-2-2147 - Applications by the Governing Body for Approval of an Emergency Telephone Charge in Excess of the Threshold Established by the Commission

(a) A governing body requesting approval pursuant to § 29-11-102(2)(c), C.R.S., for an emergency telephone charge in excess of the limit established by the Commission through the procedure described in rule 2148, shall file an application with this Commission.

(b) Applications shall be processed in accordance with the Commission's Rules Regulating Practice and Procedure and with rule 1204. The Commission may provide a form for this purpose, consistent with these rules. Applications must contain the following information:

(I) the name and address of the applicant;

(II) the name, address, telephone number, and e-mail address of the applicant's representative to whom all inquiries concerning the application should be made;

(III) the name, address, telephone number, and e-mail address of the applicant's contact person for customer inquiries concerning the application, if that contact person is different from the person listed in subparagraph (II);

(IV) a statement indicating the town, city, or virtual forum and any alternate town, city, or virtual forum where the applicant prefers any hearings be held;

(V) a statement that the applicant agrees to respond to all questions propounded by the Commission or Commission staff concerning the application;

(VI) a statement that the applicant shall permit the Commission or Commission staff to inspect the applicant's books and records as part of the investigation into the application;

(VII) a statement that the applicant understands that if any portion of the application is found to be false or to contain material misrepresentations, any authorities granted may be revoked upon Commission order;

(VIII) acknowledgment that, by signing the application, the applying governing body understands that:

(A) the filing of the application does not by itself constitute approval of the application;

(B) if the application is granted, the applying governing body shall not commence the requested action until the applying governing body complies with applicable Commission rules and with any conditions established by Commission order granting the application; and

(C) if a hearing is held, the applying governing body shall present evidence at the hearing to establish its qualifications to undertake, and its right to undertake, the requested action; and

(D) in lieu of the statements contained in subparagraphs (b)(VIII)(A) through (C) of this rule, an applying overning ody may include a statement that it has read, and agrees to abide by, the provisions of subparagraphs (b)(VIII)(A) through (C) of this rule.

(IX) an attestation which is made under penalty of perjury; which is signed by an officer, employee, agent, or an attorney for the applying governing body, as appropriate, who is authorized to act on behalf of the applying governing body; and which states that the contents of the application are true, accurate, and correct; and which attests that within the last 18 months the applicant has not used emergency telephone charge funds for purposes not authorized by § 29-11-104(2), C.R.S., that the planned use of all future revenues raised from emergency telephone charges are authorized by § 29-11-104(2), C.R.S. and that the applicant agrees to comply with 29-11-104(5), C.R.S.;

(X) a report showing actual revenues and expenses for at least three previous years;

(XI) a five-year projected budget for the governing body with the proposed emergency telephone charge, including proposed capital expenses;

(XII) documentation of all budgetary line items in excess of $50000;

(XIII) any current intergovernmental agreement or equivalent document authorizing the governing body to collect and use emergency telephone charge funds;

(XIV) a resolution or equivalent decision by the governing body authorizing its agent to pursue approval for the requested emergency telephone charge;

(XV) a copy of the most recent audit performed of the governing body's finances, or the online address where a copy of such an audit may be found, or a statement that the governing body is exempt from audit requirements;

(XVI) a draft public notice and a statement regarding where the governing body proposes to publish the notice; and

(XVII) any additional supporting or explanatory documentation which may assist in the evaluation of the application.

(c) Notice. Notwithstanding paragraph 2002(d), this rule shall establish the notice procedure for governing bodies applying for approval of an emergency telephone charge in excess of the amount established pursuant to § 29-11-102(2), C.R.S. Within three days after the Commission issues notice of the application, the applicant shall publish a notice of the application in at least one newspaper of general circulation in the area of applicability in at least one edition. The notice shall also be made available for a period of no less than two weeks on the governing body's website, if one exists. The notice shall include:

(I) the name, address and telephone number of the requesting governing body and the Colorado Public Utilities Commission;

(II) a statement that the governing body has filed with the Colorado Public Utilities Commission an application to change its currently effective emergency telephone charge, and identify both the current and proposed emergency telephone charge;

(III) the proceeding number and the deadline for interventions or objections;

(IV) the proposed effective date of the new charge;

(V) a statement of the purpose of the application, including an explanation of the proposed changes;

(VI) a statement that the application is available for inspection at the office of the governing body utility and at the Colorado Public Utilities Commission; and

(VII) a statement that any person may attend the hearing, if any, and may make a statement under oath about the application, even if such person has not filed a written objection or intervention.

(d) All persons other than the Commission who are required to provide notice shall, within 15 days of providing notice, file an affidavit with the Commission stating the date notice was completed, and the method used to provide it. This affidavit shall be accompanied by a copy of the notice or notices provided.

Notes

4 CCR 723-2-2147

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