Title 3 . Commerce, Community, and Economic Development

Chapter 48 . Telecommunications

Section 130. Formal complaints, protests and investigations

3 AAC 48.130. Formal complaints, protests and investigations

(a) A formal complaint or protest shall be in writing and should

(1) be so drawn as to fully inform the respondent or respondents and the commission as to how applicable provisions of the utility's or pipeline carrier's effective tariff or of the governing law, rules, regulations, or order of the commission have been, are being, or will be violated by the acts or omissions in question;

(2) set forth concisely, and in plain language, the facts and circumstances on which the complaint or protest is predicated;

(3) state the relief sought by the complainant;

(4) comply with 3 AAC 48.090 - 3 AAC 48.100.

(b) The commission may allow a formal complaint or protest to be supplemented because of facts arising subsequent to the original filing.

(c) Unless the commission orders otherwise, the answer to a complaint or protest shall be filed 20 days from the filing date of the complaint. Formal complaints or protests will be set for hearing at the earliest convenience of the commission, unless notice of satisfaction of the complaint, by answer or otherwise, is received by the commission within 20 days after the complaint or protest is filed. If satisfaction of the complaint has been made, the commission will notify the complainant or protestant thereof and take appropriate action thereon.

(d) Two or more grounds of complaint or protest concerning the same subject matter may be included in one pleading, but should be stated and numbered separately. Two or more complainants or protestants may join in one pleading if their respective causes of action are against the same person, and deal with substantially the same alleged tariff infraction or violation of a law, rule, regulation or order of the commission.

(e) If a complaint or protest is made concerning a utility or pipeline carrier operated by a receiver or trustee, both the utility and its receiver or trustee must be named as respondents in cases involving the utility or pipeline carrier.

(f) A formal investigation will not be instituted on complaint, except for good cause shown to the commission's satisfaction by the complainant. The commission will rule on whether good cause exists to institute an investigation within 30 days after an answer to the complaint has been filed with the commission as provided for under (c) of this section. The commission will extend that deadline if amended or supplemental pleadings are filed. In that event, the deadline for commission ruling is 30 days after the final amended or supplemental pleading is filed.

(g) If a formal investigation or "show cause" proceeding is instituted by the commission on its own motion, the order instituting the investigation or proceeding shall clearly state the facts, circumstances, and allegations on which it is predicated.

(h) If a formal investigation is instituted under (f) or (g) of this section, the commission will rule on the matter within 60 days after the hearing is concluded or the evidentiary record is closed, whichever occurs later.

(i) The commission will extend the period for action set out in (h) of this section for good cause. The commission will set out its findings on good cause in an order extending that period.

History: Eff. 1/13/73, Register 44; am 6/29/84, Register 90; am 5/5/2000, Register 154

Authority: AS 42.04.080

AS 42.05.141

AS 42.05.151

AS 42.05.271

AS 42.06.055

AS 42.06.140