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Title 3 . Commerce, Community, and Economic Development
Chapter 52 . Telecommunications
Section 130. Hearing

3 AAC 52.130. Hearing

(a) If an applicant utility is unable to obtain concurrence from a competing utility, the commission will appoint a member of its staff as an examiner to conduct a hearing.

(b) The staff examiner shall

(1) notice the hearing for a time convenient to all interested parties;

(2) hear all relevant evidence;

(3) record the testimony presented;

(4) within 24 hours after the close of the hearing, issue a decision as to which utility is the most appropriate one to serve the customers;

(5) stay the decision if, within 24 hours after the decision is announced, a party appeals the decision.

(c) The criteria to be weighed by the staff examiner in making a decision include

(1) the cost to the utility to provide the service connection;

(2) the cost to be assessed to the customer by the applicant utility;

(3) the proximity of the service connection point to each of the competing utilities' electric distribution facilities; and

(4) the geographical proximity of the service connection to the area generally served by each competing utility.

History: Eff. 8/11/76, Register 59; am 6/29/84, Register 90

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.221

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Last modified 7/05/2006