(IV) (A) Repealed.
(B) In adopting commission tariffs, the commission shall determine whether the rates, terms, and conditions of sale to be set forth in such tariffs are based on cost and are nondiscriminatory. Such rates, terms, and conditions of sale may include a reasonable profit.
(V) As used in this paragraph (g), "true-up" means recovery of the difference between:
(A) The rates paid under temporary interim tariffs before the adoption of commission tariffs or, if interconnection agreements as contemplated in subparagraph (III) of this paragraph (g) are in effect, the rates paid under temporary interim tariffs before the effective dates of such agreements; and
(B) The rates that would have been paid during the same time period had the commission tariffs or interconnection agreements been in effect instead of such temporary interim tariffs.
(VI) True-up shall be accomplished by means of lump-sum cash payments unless the commission orders another method of payment. If the commission orders a refund or an additional payment to be made at the time of true-up, such refund or additional payment shall be paid with interest at a rate to be determined by the commission.
(VII) Repealed.
(VIII) In all proceedings initiated pursuant to this paragraph (g), the burden of proof shall be on the telecommunications service provider.
(IX) The following entities shall be exempt from the requirements of this paragraph (g):
(A) A basic local exchange provider that serves only rural exchanges of ten thousand or fewer access lines;
(B) As to the interim rates, a college or vocational school as defined in section 23-3-103, C.R.S.
Source: L. 95: Entire part added, p. 750, § 1, effective May 24. L. 96: (2)(g) and (2)(h) added, p. 706, § 1, effective May 15. L. 2000: (2)(d) amended, p. 48, § 7, effective March 10. L. 2013: (2)(b)(V) amended, (HB 13-1300), ch. 316, p. 1708, § 133, effective August 7. L. 2014: (1), (2)(a), (2)(b), (2)(g)(I), (2)(g)(II), (2)(g)(III), (2)(g)(IV)(A), and (2)(g)(VII) repealed and (2)(e) amended, (HB 14-1330), ch. 151, p. 520, § 7, effective May 9. L. 2019: (2)(h) amended, (SB 19-236), ch. 359, p. 3316, § 24, effective May 30.
Structure Colorado Code