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Title 3 . Commerce, Community, and Economic Development
Chapter 48 . Telecommunications
Section 280. Notice and effective date

3 AAC 48.280. Notice and effective date

(a) A special contract or other tariff filing may not take effect until the filing utility or pipeline carrier has complied with this section and the delivery requirements set out in 3 AAC 48.240. If a utility or pipeline carrier makes a tariff filing without meeting all of the notice requirements provided by statute, and by 3 AAC 48.200 - 3 AAC 48.430, and those requirements are not waived by the commission, the filing has the same status as if it had never been filed and can take effect only if it is refiled in full compliance with all the applicable requirements.

(b) The statutory period of notice to the commission and the public with respect to special contracts, and every new or revised tariff rate, charge, rule, regulation, condition of service, or practice, starts running as of the day after the date the filing is delivered to the commission in accordance with 3 AAC 48.240. In computing the statutory notice period, no consideration will be given to notice by telephone or telegraph.

(c) Except as otherwise provided in 3 AAC 48, any tariff filing delivered to the commission too late to allow the statutory notice period to run before a designated effective date will be returned to the utility or pipeline carrier. If a specific effective date is not designated in the advice letter, the commission will assume a proposed effective date is 30 days after the filing date for a revised pipeline tariff 45 days after the filing date for a utility tariff and 90 days after the filing date for an initial pipeline tariff and the filing will not be returned solely for failure to meet the notice requirements. If a tariff filing is refiled by the utility or pipeline carrier after having been returned as provided in this chapter, it is subject to the same notice requirement as the original filing.

(d) A copy of each tariff filing delivered to the commission must be readily accessible to the public at each location where an up-to-date copy of a utility's or pipeline carrier's effective tariff is available for public inspection.

(e) The commission will, in its discretion, and on a case-by-case basis, prescribe one or more appropriate additional means by which a tariff filing must be noticed to the public, including, but not limited to

(1) publication in one or more newspapers or via other news media at the expense of the filing entity; and

(2) individual notice to all customers or shippers to be affected, either by direct mail at the expense of the utility or pipeline carrier under conditions prescribed by the commission, or by the commission itself, using plain unsealed envelopes that have been stamped, addressed, and furnished by the utility or pipeline carrier.

History: Eff. 11/16/73, Register 48; am 6/29/84, Register 90

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.361

AS 42.05.411

AS 42.06.140 (a)

AS 42.06.350

AS 42.06.390

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Last modified 7/05/2006