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Title 3 . Commerce, Community, and Economic Development
Chapter 52 . Telecommunications
Section 375. Wholesale service and rates

3 AAC 52.375. Wholesale service and rates

(a) A certificated interexchange carrier shall offer all its services for resale to other carriers. Services must be offered for resale at wholesale rates to the extent determined appropriate in view of the facilities and general service offerings of the interexchange carrier.

(b) The certificated carrier shall maintain a current tariff of wholesale rates and all special contracts for wholesale rates on file with the commission. The carrier may reduce wholesale rates without approval of the commission after 30 days' notice to the commission of a tariff revision submitted in accordance with 3 AAC 48.220, 3 AAC 48.240, and 3 AAC 48.270. A tariff revision to increase wholesale rates, to offer new or repackaged wholesale services, or to implement special contracts for wholesale service is subject to the provisions of 3 AAC 48.220, 3 AAC 48.240, 3 AAC 48.270, and 3 AAC 48.280 - 3 AAC 48.410 and must also include quantitative data, including cost-of-service data, in support of the proposed rates.

(c) Repealed 9/16/2005.

(d) Notwithstanding (b) of this section, the commission will disapprove and require modification of wholesale rates that are not just and reasonable or that grant an unreasonable preference or advantage to any customer or subject a customer to an unreasonable prejudice or disadvantage.

(e) The wholesale rates for services for resale are not required to be averaged geographically.

(f) Within 60 days after receiving a written bona fide request for an unbundled rate element, a carrier shall offer the rate element by tariff if doing so is not unduly economically burdensome, is technically feasible, and is otherwise consistent with existing regulations. The time period for offering the element may be modified by agreement of the carrier and the entity making the bona fide request or by order of the commission. A carrier denying a bona fide request shall, within 30 days after receiving the request, deliver a written denial stating the reasons for denial to the entity making the request. The carrier shall also file a copy of the written denial with the commission.

(g) A carrier that does not own or control transmission facilities is exempt from the requirements of this section if the carrier has not received a bona fide request for intrastate wholesale service. If the carrier exempt under this subsection receives a bona fide request for intrastate wholesale service, the carrier shall comply with (a) - (f) of this section or apply to the commission for a continued exemption.

History: Eff. 3/16/91, Register 117; am 7/8/93, Register 127; am 9/1/2002, Register 163; am 5/18/2003, Register 166; am 9/16/2005, Register 175

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.241

AS 42.05.431

AS 42.05.711

AS 42.05.990

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Last modified 7/05/2006