Section 40-17-103 - Commission - powers and duties - rules(1) The commission shall administer and contract for telecommunications relay services.(2) The commission shall adopt rules for the implementation of this article. The rules shall: (a) Conform with section 401 of the federal "Americans with Disabilities Act of 1990", 47 U.S.C. sec. 225, including provision for state application to the federal communications commission for certification;(b) Be consistent with the commission's quality of service rules;(c) Require that providers relay communicated messages promptly and accurately, maintain the privacy of persons who receive telecommunications relay services, and preserve confidentiality of all parties in connection with relayed messages;(d) Specify the types of calls that are included as telecommunications relay services, specifically requiring that the costs of any long-distance service or any other service that is not a basic local exchange service be borne by the telephone user with disabilities.(3) The commission shall, through the promulgation of rules, develop and implement a mechanism to recover its costs and the cost to voice service providers in implementing and administering telecommunications relay services required by this article 17. The mechanism must, at a minimum, provide for the following: (a)(I) The assessment of a monthly surcharge not to exceed fifteen cents on each telephone access line, whereby each voice grade channel of a multiline voice communications service that is capable of simultaneous outbound calling constitutes a separate telephone access line; however, the number of telephone access lines for which a customer may be assessed a monthly surcharge cannot exceed the number of outbound voice calls that the voice service provider has enabled and activated to be made simultaneously.(II) The monthly surcharge may be adjusted by the commission in accordance with paragraph (d) of this subsection (3).(III) Without exceeding the maximum monthly surcharge set forth in subsection (3)(a)(I) of this section, the monthly surcharge must be an amount sufficient to: (A) Reimburse the commission for its costs in developing, implementing, and administering telecommunications relay services;(B) Reimburse voice service providers for their administrative costs in imposing and collecting the surcharge;(C) Cover the costs of providers in rendering the service;(D) Pursuant to section 40-17-104, cover annual appropriations to the reading services for the blind cash fund and the Colorado commission for the deaf, hard of hearing, and deafblind cash fund;(E) Reimburse the department of revenue for its administrative costs in collecting prepaid wireless TRS charges on prepaid wireless phones pursuant to section 29-11-102.7;(F) Provide support for library services as authorized by section 24-90-105(1)(e); and(G) Provide support for auxiliary services in rural areas as authorized by section 26-21-106(9).(b) A requirement that the monthly surcharge be imposed upon and collected from each individual telephone access line provided by a voice service provider;(b.5) With respect to prepaid wireless service, a requirement that a seller collect a prepaid wireless TRS charge from a consumer, as those terms are defined in section 29-11-102.7, C.R.S., and remit the charge to the department of revenue, which shall transmit the money to the state treasurer for deposit into the Colorado telephone users with disabilities fund created in section 40-17-104(1);(c) A requirement that the surcharge be listed or included as a separate item that appears on each customer's monthly billing statement;(d) An annual adjustment to the surcharge by the commission when necessary to accurately reflect a change in the cost of providing telecommunications relay services;(e) The authority of a voice service provider to deduct and retain as reimbursement for its administrative costs an amount not to exceed three-quarters of one percent of the amount of total monthly surcharges collected by a voice service provider. In addition, the mechanism must include a requirement that any remaining amount of money be transmitted to the state treasurer, who shall credit the money to the Colorado telephone users with disabilities fund created by section 40-17-104.(f) A requirement that each voice service provider maintain a record of the monthly surcharge imposed on each customer and collected by the voice service provider. The record of any monthly surcharge imposed and collected shall be maintained for three years from the date of billing. The commission may require an audit of a voice service provider's records, which audit must be at the commission's expense.(g) The surcharge imposed by this section shall not be imposed on the provider or the consumer with respect to federally supported lifeline service.Amended by 2021 Ch. 79,§4, eff. 4/30/2021.Amended by 2019 Ch. 432,§1, eff. 8/2/2019.Amended by 2018 Ch. 303,§20, eff. 8/8/2018.Amended by 2017 Ch. 264,§111, eff. 5/25/2017.Amended by 2016 Ch. 155,§4, eff. 9/1/2016.L. 92: Entire article R&RE, p. 2134, § 1, effective July 1. L. 93: (3)(e) amended, p. 1794, § 93, effective June 6. L. 96: (4) repealed, p. 1225, § 32, effective August 7. L. 2001: (2)(a) amended, p. 1283, § 65, effective June 5. L. 2016: IP(3), (3)(a), (3)(b), (3)(c), (3)(e), and (3)(f) amended and (3)(b.5) and (3)(g) added, (HB 16-1414), ch. 484, p. 484, § 4, effective September 1. L. 2017: (2)(d) amended, (SB 17-294), ch. 1415, p. 1415, § 111, effective May 25. L. 2018: IP(3), IP(3)(a)(III), and (3)(a)(III)(D) amended, (HB 18-1108), ch. 1846, p. 1846, § 20, effective August 8. L. 2019: (3)(a)(III)(D) and (3)(a)(III)(E) amended and (3)(a)(III)(F) added, (HB 19-1332), ch. 3742, p. 3742, § 1, effective August 2. L. 2021: (3)(a)(III)(E) and (3)(a)(III)(F) amended and (3)(a)(III)(G) added, (SB 21-216), ch. 306, p. 306, §4, effective April 30.This section is similar to former § 40-17-104 as it existed prior to 1992.
For the legislative declaration contained in the 1996 act repealing subsection (4), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in SB 21-216, see section 1 of chapter 79, Session Laws of Colorado 2021.