§ 40-15-107. Powers of Commission – Inspection of Books and Documents – Confidentiality of Information Obtained Through Audit

1. The commission shall administer and enforce all provisions of this article, and, in addition to any other powers under articles 1 to 7 of this title, the commission has the right to inspect the books and documents of the local exchange provider. The local exchange provider shall supply additional relevant and material information to the commission as needed. In addition, the commission has the right to inspect the books and records of any affiliate of a local exchange provider which provides telecommunications service under part 2, 3, or 4 of this article, if, in the provision of such service, the affiliate uses a plant or incurs costs that are joint and common to the provision of any basic local exchange service of the local exchange provider regulated under part 2 of this article.
2. 1. Except as otherwise provided in paragraph (b) of this subsection (2), all information, documents, and copies thereof provided to the commission, a commissioner, or any person employed by the commission in connection with an audit, whether such audit is conducted pursuant to this section or pursuant to any other authority granted to the commission by law, shall be given confidential treatment and shall not be made public by the commission or any other person without either:
      1. The prior written consent of the person providing such information, documents, or copies; or
      2. A court order issued pursuant to section 24-72-204 (5), C.R.S.
   2. This subsection (2) shall not be construed to shield from disclosure information, documents, and copies thereof that are in the commission’s possession through the exercise of the commission’s audit authority and that are otherwise subject to disclosure under the Colorado open records law, part 2 of article 72 of title 24, C.R.S. The commission may consider whether to change the status of reports provided to it on a nonconfidential basis.
3. Repealed.

Source: L. 87: Entire article R&RE, p. 1480, § 1, effective July 2. L. 99: Entire section amended, p. 184, § 1, effective March 31. L. 2003: (3) added, p. 2591, § 2, effective June 5. L. 2021: (3) repealed, (HB 21-1201), ch. 389, p. 2599, § 5, effective June 30.

Editor’s note: This section is similar to former § 40-15-105 as it existed prior to 1987.