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Title 3 . Commerce, Community, and Economic Development
Chapter 48 . Telecommunications
Section 290. Response to notice

3 AAC 48.290. Response to notice

(a) Any person desiring to submit a statement of interest in, or objection to, a tariff filing may be asked to do so not later than 20 days after the date of delivery to the commission unless a longer period, not in excess of 30 days, is granted by public notice, or by notice in writing. Every notice to the public by direct mail or by means of a paid legal advertisement in any news media shall specify the deadline date for responses to the filing.

(b) Objections, or statements of interest, must be submitted in writing with a copy to the utility or pipeline carrier; must be signed by the interested person or the person's authorized representative; and must contain at least the following information:

(1) reference to the applicable docket number, tariff advice letter number, or file reference specified in the notice;

(2) name and address of the person filing, regardless of whether the person is a customer of the utility or a shipper with the pipeline carrier; and if the person is a customer or shipper, the address of the place or places where service is taken, or the place or places where shipment is received by the carrier;

(3) reason for filing, if not a customer or shipper, together with any supporting factual data;

(4) whether or not objection is made on behalf of self or on behalf of other named persons, or an organized group, association, company, etc.;

(5) the person's objection or interest in the noticed matter with reasonable particularity, and as concisely as possible; and

(6) statement that a true copy of the same statement of interest or objection has been served on the utility or pipeline carrier that made the tariff filing, together with the date it was either mailed or hand-delivered to the utility or pipeline carrier.

(c) A customer of a utility, or a shipper with a pipeline carrier, has unquestioned standing to file a timely statement of interest in or objection to a filing by that utility or pipeline carrier. The standing of others to file these statements depends upon the nature of their interest, the merit of their position, the extent to which their statements are supported by accurate factual data, and such other factors as the commission considers pertinent. A statement of interest may be summarily dismissed, or ignored, if the commission finds the statement is based upon erroneous assumptions or appears to be motivated mainly by a desire to harass or embarrass the utility or pipeline carrier or to protect the economic interests of the competitors of the utility or pipeline carrier. A person who is denied standing may file a motion asking the commission to reconsider its decision and indicating the reason the motion should be granted.

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

Authority: AS 42.05.141

AS 42.05.151

AS 42.06.140 (a)

AS 42.06.350

AS 42.06.370

AS 42.06.390


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Last modified 7/05/2006