4 CCR 723-2-2148 - Process for the Establishment of Annual Emergency Telephone Charge Threshold, State 9-1-1 Surcharge Rate, Wireless Prepaid 9-1-1 Surcharge Rate, and Associated Fund Distribution Schedules

(a) On or before August 1 of each year, the Commission shall initiate a proceeding to be concluded on or before October 1 to establish the emergency telephone charge threshold, a statewide 9-1-1 surcharge, a wireless prepaid 9-1-1 charge, a distribution schedule for the funds raised by the state 9-1-1 surcharge, and a distribution schedule for the funds raised by the wireless prepaid 9-1-1 charge for the following calendar year.

(I) The emergency telephone charge threshold:

(A) shall take into account inflation through the consideration of historical data and future projections; and

(B) shall take into account the needs of governing bodies through the consideration of historical data, inflation rates, the rate of increase of the average emergency telephone charge, comments provided under this rule, and other factors the Commission deems relevant.

(II) The 9-1-1 surcharge:

(A) shall not exceed fifty cents per month per 9-1-1 access connection;

(B) shall be calculated to meet the needs of governing bodies to pay for basic emergency service and provide emergency telephone service by considering historical data, costs to the 9-1-1 governing body of BES tariffs, comments provided under this rule, and other factors the Commission deems relevant;

(C) shall include, without limitation, the amount of the 9-1-1 enterprise fee imposed by the 9-1-1 Service Enterprise pursuant to § 29-11-108(8)(a), C.R.S., and an amount necessary to reimburse the governing bodies for the most recently approved improvement amount as described in subparagraph 2137(e)(II); and

(D) shall be uniform, regardless of the technology used to provide the 9-1-1 access connection.

(III) The wireless prepaid 9-1-1 charge shall be calculated by determining the average of all local emergency telephone charges as they existed on July 1 of that year plus the amount of the statewide 9-1-1 surcharge established by the Commission for the upcoming year.

(IV) The distribution schedule for the funds raised by the state 9-1-1 surcharge, excluding the 9-1-1 enterprise fee funds to be transmitted to the 9-1-1 enterprise services cash fund created pursuant to § 29-11-108(10)(a), C.R.S., shall be based on the number of concurrent sessions at all of the PSAPs associated with a governing body as a percentage of the total number of concurrent sessions statewide.

(V) The distribution schedule for the funds raised by wireless prepaid 9-1-1 charge shall be based on the wireless 9-1-1 call volume at all of the PSAPs associated with a governing body as a percentage of the total number of wireless 9-1-1 calls received by all PSAPs statewide.

(b) The decision initiating this proceeding shall be accompanied by proposed amounts and distribution schedules as described in (a) (I) through (V) for comment.

(c) The wireless prepaid 9-1-1 charge rate and wireless prepaid 9-1-1 distribution schedule shall be transmitted to the Colorado Department of Revenue on or before October 1.

(d) The new rates and distribution schedules established by this proceeding shall take effect on the following January 1.

Notes

4 CCR 723-2-2148

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 48 CR 04, February 25, 2025, effective 3/17/2025