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Title 3 . Commerce, Community, and Economic Development
Chapter 48 . Telecommunications
Section 300. Waiver of statutory notice

3 AAC 48.300. Waiver of statutory notice

(a) When a utility or pipeline carrier includes in its advice letter a request for authorization for a tariff filing to take effect before the end of the statutory notice period, the burden of showing good cause for waiving statutory notice must be borne by the filing utility or pipeline carrier.

(b) In response to each request under (a) of this section, the commission will, in its discretion

(1) deny the request and require at least the statutory notice period to expire before allowing the filing to take effect;

(2) grant the request as of the effective date specified;

(3) allow the filing to take effect before the end of the statutory notice period but later than the date specified in the request; and

(4) pending a public hearing, suspend the operation of the tariff filing for a period not longer than that permitted under AS 42.05.421 or AS 42.06.400 .

(c) The commission, on its own motion or for good cause shown, will, in its discretion, waive statutory notice and specify an effective date sooner than the end of the statutory notice period for tariff filings, including

(1) tariffs of new utilities or pipeline carriers and of utilities or pipeline carriers brought under regulation by operation of law;

(2) tariffs covering services, facilities, or commodities not previously furnished;

(3) tariffs that take effect by means of adoption notices; and

(4) tariffs filed to comply with orders of the commission.

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

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.411

AS 42.06.140 (a)

AS 42.06.390

AS 42.06.400

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Last modified 7/05/2006