3 AAC 53.243 - Retail services for which there is no dominant carrier

Current through April 6, 2022

(a) This section applies to retail services, including any services specified in 3 AAC 53.220(c) or provided for under 3 AAC 53.220(e), if there is no local exchange carrier in the competitive local exchange market with dominant carrier status for the services. Notwithstanding any other provisions of this section or 3 AAC 53.220, in a competitive local exchange market that is served by a local exchange carrier that is exempt from economic regulation under the provision of AS 42.05.711(b) or under the provisions of AS 42.05.711(h) and 42.05.712, this section applies to all other local exchange carriers serving that local exchange market.

(b) A nondominant carrier shall maintain a current tariff of retail rates and services, and all special contracts for retail rates and services on the carrier's website. The carrier must also either maintain a written copy of its current tariff of retail rates and all special contracts for retail rates or provide customers electronic access to that tariff and each special contract at the carrier's primary business office. The carrier must notify the commission of the carrier's website address, including any changes to the address.

(c) Without approval of the commission, and after compliance with the requirements of ( d) and ( e) of this section, a local exchange carrier may implement

(1) a change to retail rates and terms and conditions for local exchange service;

(2) a new retail service;

(3) a modification to an existing retail service;

(4) a bundled service that includes a local exchange service component unless the bundled service also includes a discounted intrastate interexchange component;

(5) a special contract for retail rates and services, if it

(A) includes a statement that the special contract is, at all times, subject to revision by the commission; and

(B) is not associated with a petition for confidential treatment filed under 3 AAC 48.045; and

(6) a change in general rules and regulations for local exchange service.

(d) The provisions of 3 AAC 48.270(a) do not apply to filings made under this section. The provisions of 3 AAC 48.390(a) and 3 AAC 48.390(b)(1) do not apply to special contracts for services where there is no dominant carrier. When implementing any rate, service, condition or rule, or special contract under (c) of this section, a carrier shall

(1) post a notice

(A) summarizing the rate, service, rule or regulation changes, or the terms and parties to the special contract, as applicable, in a prominent and easily accessible location on the carrier's website for at least 30 days after implementation; and

(B) including statements that the filing is available for inspection at the commission's office, that comments may be filed with the commission, and identifying a carrier point of contact; and

(2) file with the commission, in accordance with 3 AAC 48.220, an informational filing that includes a copy of the tariff sheets and a consecutively numbered tariff advice letter providing

(A) a statement that the filing is submitted under 3 AAC 53.243;

(B) a summary of the tariff changes identified either in the body of the letter or by attaching to the letter a document that clearly identifies and highlights additions and deletions on tariff sheets by the use of underlining and bold print to show additions and bracketed all caps to show deletions;

(C) a working link to the notice required under (1) of this subsection to be posted on the carrier's website; and

(D) if the tariff revision is for a special contract,

(i) an update of the carrier's list of special contracts;

(ii) a statement identifying the provision of the special contract that complies with 3 AAC 48.390(b)(2); and

(iii) a complete copy of the new special contract.

(e) The provisions of 3 AAC 48.330 - 3 AAC 48.340, 3 AAC 48.360(a) - (f), and 3 AAC 48.380 do not apply to tariff sheets submitted under this section. Tariff sheets under this section must be submitted as follows:

(1) the tariff of a local exchange carrier operating under this section must contain

(A) a title page, including

(i) the carrier's physical address;

(ii) the carrier's website address;

(iii) the tariff number;

(iv) the title "Local Exchange Service Tariff"; and

(v) a listing of the exchanges to which the tariff applies;

(B) an index, with a complete and accurate list of the contents of the tariff;

(C) a map or set of maps depicting the carrier's certificated service area;

(D) a complete set of general rules and regulations;

(E) service terms and conditions governing the services offered by the carrier;

(F) a complete set of all rates and charges for each class of service offered, or for each customer group; and

(G) a list of current special contracts;

(2) each page of the local exchange service tariff must be legible and formatted to print eight and one-half by eleven inches in size, and must include the following information:

(A) the name of the carrier;

(B) the number of the carrier's certificate of public convenience and necessity;

(C) the tariff advice number;

(D) the tariff sheet number;

(E) the proposed effective date of the tariff sheet;

(F) the tariff revision numbers; and

(G) margin notations set out in 3 AAC 48.360(g) and (h) indicating changes.

(f) A tariff revision or special contract submitted under this section will be rejected by the commission, within five business days, if

(1) the revision or special contact does not qualify for filing under (a) and (c) of this section;

(2) the revision or special contact does not comply with the requirements in (d) of this section; or

(3) the special contract filed does not include the provision required in 3 AAC 48.390(b)(2).

(g) A tariff revision or special contract that does not comply with the requirements of ( c) of this section or includes a service for which there is a dominant carrier must be submitted under 3 AAC 53.240.

(h) The commission may investigate any tariff or special contract implemented and in effect under this section. The commission will deny and require modification of any tariff revision or special contract if the commission determines that the tariff revision or special contract is unduly discriminatory and is not reasonable.

Notes

3 AAC 53.243

Eff. 9/16/2005, Register 175; am 8/20/2016, Register 219, October 2016; am 11/6/2016, Register 220, January 2017; am 10/27/2017,Register 224, January 2018

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.241

AS 42.05.301

AS 42.05.431

AS 42.05.711

AS 42.05.990