Title 3 . Commerce, Community, and Economic Development

Chapter 48 . Telecommunications

Section 645. Applications: notice, deadline for filing competing applications; public hearing

3 AAC 48.645. Applications: notice, deadline for filing competing applications; public hearing

(a) An application for a certificate of public convenience and necessity; for an amendment to a certificate; for discontinuance, abandonment, or suspension of a service, facility, or route in whole or in part; for transfer of a certificate of public convenience and necessity; or for the authority to acquire or dispose of a controlling interest in a certificated public utility or pipeline carrier under AS 42.05.281 or AS 42.06.305 ; or any other application described in 3 AAC 48.625 and 3 AAC 48.640(a) , will be noticed by the commission to the public in substantially the same manner and format as a tariff filing is noticed to the public under 3 AAC 48.280 - 3 AAC 48.290. If an application for a certificate, for an amendment to, or transfer of, a certificate, or for authority to acquire a controlling interest in a certificated utility or pipeline carrier, is filed by a utility or pipeline carrier that is not subject to economic regulation by the commission, the public notice will state that fact, define the meaning of the term "economic regulation," and place the public on notice by explaining that, with respect to this applicant, the commission has no jurisdiction over matters that constitute economic regulation. The notice will cite the applicable statute, regulation, or other authority, under which the applicant is exempt or claims exemption from economic regulation.

(b) Except as to notices of applications for transfer of a certificate of public convenience and necessity or applications for authority to acquire a controlling interest in a certificated public utility, the notice issued under (a) of this section will invite comment from interested members of the public. The notice will also announce that a person who proposes to file an application to furnish the same, or substantially the same, service or facility to essentially the same service area or route, in whole or in part, thus creating the potential for mutually exclusive applications must file within 30 days after the date the original application is noticed to the public, a notice of intent to file a competing application. The person must then file the competing application within 90 days after the date the original application was noticed to the public. If no notice of intent to file a competing application is filed within the 30-day period following public notice, the commission will proceed to grant or deny the application for a certificate filed by the original applicant in accordance with the applicable provisions of AS 42.05.221 - 42.05.281 or AS 42.06.240 - 42.06.280.

(c) If the commission finds that two or more complete mutually exclusive applications have been timely filed, a public hearing will be held to afford an opportunity for examination of the applications on a comparative basis.

(d) For good cause shown, the commission will, in its discretion, modify the time periods prescribed in (b) of this section and permit supplements to initial applications.

History: Eff. 6/29/84, Register 90

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.231

AS 42.05.241

AS 42.06.140 (a)

AS 42.06.240

AS 42.06.250

AS 42.06.260

AS 42.06.270

AS 42.06.290

AS 42.06.300

AS 42.06.305

AS 42.06.340