4 CCR 723-2-2150 - Administration of the 9-1-1 Surcharge Trust Cash Fund

(a) This rule does not apply to 9-1-1 access connections provided via prepaid wireless telecommunications services or emergency telephone charges remitted to governing bodies pursuant to § 29-11-102, C.R.S. The 9-1-1 surcharge is a statewide surcharge applied to all 9-1-1 access connections in the state of Colorado, and is separate from local emergency telephone charges that originating service providers are required to collect and remit pursuant to 29-11-102 C.R.S., the wireless prepaid 9-1-1 charge imposed upon retail transactions of prepaid wireless service pursuant to 29-11-102.5 C.R.S. and 1 CCR 201-5, Special Rule 43, the Colorado telecommunications relay service charge imposed pursuant to 40-17-101 C.R.S., et seq., and 4 CCR 723-2-2827, and the prepaid wireless TRS charge imposed pursuant to 29-11-102.7, C.R.S., and 201-5, Special Rule 43.

(b) The Commission shall determine, and by appropriate order, impose a uniform 9-1-1 surcharge on each 9-1-1 access connection per month. The surcharge amount will be available on the Commission's web site at least 60 days prior to its effective date.

(c) All originating service providers must register and provide appropriate contact information to the Commission within 30 days of operating in the state of Colorado. The Commission will provide a form for this purpose, consistent with these rules. This form is available from the Commission or on its website and shall be filed through the Commission's E-Filing System. Originating service providers shall provide an updated form within 15 days of any change of the information previously provided to the Commission including for any discontinuance of service. All Colorado telecommunications surcharge registration forms, including any updates, shall be filed in the Commission proceeding opened annually for such purpose.

(d) 9-1-1 surcharge.

(I) Effective January 1, 2021, all originating service providers shall collect and remit the 9-1-1 surcharge assessed upon each service user whose primary service address, if known, or billing address, if service address is unknown, is within the State of Colorado. The surcharge shall be assessed on each 9-1-1 access connection provided to that service user. Such charges shall be collected monthly and remitted as directed by the Commission, as discussed in paragraph (e).

(II) With respect to multi-line telephone systems, the number of 9-1-1 access connections is determined by the configured capacity for simultaneous outbound calling.

(III) If the originating service provider lists fees separately on its billing to the customer, the 9-1-1 surcharge shall be listed separately as the "Colorado 911 Surcharge." The listing for this charge and the local emergency telephone charge authorized by § 29-11-102, C.R.S. may not be combined on the bill presented to the customer.

(IV) The 9-1-1 surcharge is the liability of the service user and not of the originating service provider, except that the originating service provider is liable to remit all 9-1-1 surcharges that the originating service provider collects from service users. An originating service provider is liable only for the 9-1-1 surcharge collected until it is remitted to the Commission. The amount remitted by the originating service provider must reflect the state 9-1-1 surcharges actually collected on the number of 9-1-1 access connections provided in Colorado by the originating service provider.

(V) Each originating service provider may retain from the total 9-1-1 surcharges collected and timely remitted, a vendor fee in the amount of one percent of the total monthly charges collected by such provider.

(VI) Each originating service provider shall remit the amount the provider collected for the previous month, less the applicable vendor fee, no later than the last calendar day of the following month, even if that day falls on a holiday or weekend.

(VII) Remittances mailed through the United States Postal Service shall be deemed to be filed on the date of the postmark stamped on the envelope in which the remittance was mailed.

(e) Remittance procedure.

(I) Originating service providers shall submit a return and remit payment as instructed by Commission staff.

(II) Originating service providers shall submit all surcharge remittances to the custodial receiver directly.

(III) If payments are made by physical check, a printed copy of the completed return described in subaparagraph (I) shall also be enclosed with the check.

(f) From the remittances of the 9-1-1 surcharges received by the Commission pursuant to thissection, the portions comprised of the 9-1-1 enterprise fees as described in § 29-11-108(8)(a), C.R.S., shall be transmitted to the 9-1-1 services enterprise cash fund created pursuant to § 29-11-108(10)(a), C.R.S.

(g) All remittances of 9-1-1 surcharges, excluding the amounts from them as described in paragraph(f) and transmitted to the 9-1-1 enterprise service cash fund created pursuant to § 29-11-108(8)(a), C.R.S., shall be deposited in the 9-1-1 surcharge trust cash fund established pursuant to § 29-11-102.3(3)(c)(I), C.R.S.

Notes

4 CCR 723-2-2150

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 46 CR 19, October 10, 2023, effective 10/30/2023 48 CR 04, February 25, 2025, effective 3/17/2025