4 Colo. Code Regs. § 723-2-2305

Current through Register Vol. 47, No. 20, October 25, 2024

Section 4 CCR 723-2-2305 - Refund Plans

Any provider proposing or required by Commission order to make a refund to customers by class of service shall file an application for Commission approval of the plan of refund. The application shall contain the analysis of the feasibility and costs of customer-specific refunds in lieu of a general refund.

(a) Unless the Commission orders otherwise, an application for approval of a plan of refund 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) a detailed description of the proposed refund plan, including but not limited to: a description of the telecommunications service that is the subject of the refund plan; the dollar amount of the proposed refund by class of service; the date applicant proposes to start making the refund, which shall be at least 60 days after the filing of the application; the date by which the applicant proposes to complete the refund; the means by which the refund is proposed to be made; an identification of the service area(s) impacted by the refund; the interest rate that will be paid to customers, equal to the current rate paid on customer deposits unless the Commission establishes an alternative interest rate; and the proposed treatment of unclaimed refunds, consistent with § 40-8-101, C.R.S., et seq.;

(III) a statement describing in detail the extent to which the applicant has any financial interest in any other company involved in the refund plan;

(IV) a reference by proceeding number, decision number, and date of any Commission decision requiring the refund; and/or a copy of any federal agency or other state order, if the refund is to be made because of the applicant's receipt of monies under any such order;

(V) if the applicant proposes to refund less than all of the monies received as described in subparagraph (a)(II), a detailed statement justifying the proposed refund of a lesser amount, with a copy of applicant's most recent balance sheet, dated not earlier than three months before the date of the filing of the application, with a copy of an income statement and a retained earnings statement as of the date of the balance sheet;

(VI) a statement showing the accounting entries for the refund plan; and

(VII) a statement that if the application is granted, applicant will file an affidavit with the Commission establishing that the refund has been made in accordance with the Commission decision.

(b) The Commission shall give notice of the filing of an application to make a refund, as provided in rule 1206 of the Rules Regulating Practice and Procedure.

(c) The applicant shall give notice of the filing of an application to make a refund, as provided in paragraphs 1207 of the Commission's Rules Regulating Practice and Procedure. Such notice shall also include the requirements of paragraph 2002(d).

4 CCR 723-2-2305

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