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Title 3 . Commerce, Community, and Economic Development
Chapter 52 . Telecommunications
Section 390. Miscellaneous provisions

3 AAC 52.390. Miscellaneous provisions

(a) The provisions of

(1) 3 AAC 48.230, do not apply to an interexchange carrier; however, the commission may require changes to a billing or contract form if that form is confusing or misleading to customers, or is contrary to the public interest; and

(2) 3 AAC 48.275, 3 AAC 48.277, and 3 AAC 48.430 do not apply to an interexchange carrier.

(b) Repealed 9/16/2005.

(c) The incumbent interexchange carrier is the carrier of last resort unless the commission by order changes the carrier's responsibilities under this subsection. Upon petition or on its own motion and after an opportunity for a hearing, the commission may reassign carrier of last resort responsibilities, in whole or in part, to one or more facilities-based intrastate interexchange carriers. A carrier or carriers of last resort for unserved areas will be designated by the commission based on the public interest and on the carrier's capability to serve.

(d) Provisions governing the reassignment of a subscriber's access line or lines to a different interexchange carrier are set out in 3 AAC 42.334.

(e) No implicit modification or waiver of any statutory or regulatory requirements is intended by 3 AAC 52.350 - 3 AAC 52.399; absent specific modification or waiver, all statutory and regulatory requirements remain in effect.

(f) For each proposed retail tariff revision, an interexchange carrier shall give public notice of that tariff revision by publication in a widely distributed newspaper of general circulation and shall file with the commission a written and an electronic copy of each notice. The carrier shall publish and file each notice no later than five days after filing the proposed tariff revision with the commission.

(g) For each proposed wholesale tariff revision, an interexchange carrier shall provide public notice of that tariff revision on its Internet web site and shall file with the commission both a written and an electronic copy of the notice. The carrier shall post and file the notice no later than five days after filing the proposed tariff revision with the commission.

(h) In a notice required under (f) or (g) of this section, the carrier shall provide a general description of the proposed tariff revision that is accurate, written in plain English, and in sufficient detail to explain the proposal. The notice must include the following information:

(1) the date the carrier made or will make its filing with the commission;

(2) the date the revision is expected to become effective;

(3) a listing of the principal rates and rate changes proposed;

(4) a brief explanation of the principal changes proposed to the carrier's rules of service;

(5) a statement identifying where the proposed revision and the carrier's current tariff are available for public review in the state;

(6) a statement similar to the following: "Any person may file written comments on this tariff revision with the Regulatory Commission of Alaska, 701 West Eighth Avenue, Suite 300, Anchorage, Alaska 99501. To assure that the Commission has sufficient time to consider the comments before the revision takes effect, your comments must be filed with the Commission no later than (a specific date, not a weekend or holiday, approximately 7-10 days before the filing takes effect)."

(i) An interexchange carrier providing wholesale services shall notify the commission in writing of the address of the carrier's Internet web site where the public notice of proposed wholesale rate and service provisions will be published.

(j) An interexchange carrier may not assess a termination penalty if a customer prematurely cancels a term contract with the carrier when the customer changes carriers as a result of equal access balloting.

(k) The commission may revoke a registered entity's operating authority for good cause, including failure to comply with the provisions of 3 AAC 52.350 - 3 AAC 52.399.

( l ) An interexchange carrier that offers a bundled service shall, in its tariff provision describing the bundled service offering and in the public notice of any proposed bundled service tariff provision, separately identify the rates for local and intrastate interexchange services included in the bundle and offer the intrastate interexchange services and rates on a statewide basis. An interexchange carrier that offers a bundled service shall offer the customer the alternative of purchasing intrastate interexchange service on a stand-alone basis. An interexchange carrier that offers discounted intrastate interexchange service as part of a bundle is required to provide the discounted intrastate interexchange service on a stand-alone basis only in locations where the bundled offering is not available. An intrastate interexchange carrier that offers bundled services including local exchange service must also comply with 3 AAC 53.295.

(m) On or before March 31 of each year, an interexchange carrier shall file a financial report of the carrier's intrastate interexchange operations in the state for the previous calendar year. Non-interexchange operations must be excluded from the financial report. The financial report must include detailed information regarding

(1) gross revenues;

(2) sale for resale revenues;

(3) billing and collection revenues; and

(4) directory assistance revenues.

(n) On or before March 31 of each year, an interexchange carrier that under (c) of this section is a carrier of last resort or is assigned a responsibility of a carrier of last resort shall file

(1) the prior year's end-of-year balances for plant in service, net plant, and expenses associated with providing interexchange service in the state for

(A) satellite and earth station radio system facilities;

(B) microwave and other non-satellite-related radio facilities;

(C) circuit equipment;

(D) metallic-based cable and wire facilities; and

(E) non-metallic-based cable and wire facilities; and

(2) a description of any change from the previous year's filing in the carrier's accounting standards or procedures that affects the financial data required in this subsection.

(o) On or before March 31 of each year, an interexchange carrier shall file with the commission a map or a listing identifying each location where the carrier owns or controls interexchange facilities and identifying each type of facility that is sited at each location. After an initial filing, absent changes to the facilities map or listing, the interexchange carrier shall file verification that no changes to the map or listing have occurred. If the interexchange carrier does not own or control an interexchange facility in the state,

(1) a map or listing is not required; and

(2) on or before March 31 of each year, the carrier shall provide verification that it does not own or control an interexchange facility in the state.

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 8/27/2004, Register 171; am 9/16/20005, Register 175

Authority: AS 42.05.141

AS 42.05.145

AS 42.05.151

AS 42.05.291

AS 42.05.800


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Last modified 7/05/2006