3 AAC 53.290 - Miscellaneous provisions

Current through April 6, 2022

(a) Except as provided in 3 AAC 48.440 and the Alaska Intrastate Interexchange Access Charge Manual, adopted by reference in 3 AAC 48.440, the provisions of
(1)3 AAC 48.275 do not apply to those services for which the carrier is a nondominant carrier; and
(2)3 AAC 48.277 and 3 AAC 48.430
(A) do not apply to a local exchange carrier
(i) after its application for certification to provide local exchange telephone service in competition to an existing local exchange carrier is granted; or
(ii) for services in an area designated by the commission as a competitive local exchange market; and
(B) apply, notwithstanding (A) of this paragraph, to a local exchange carrier whose
(i) costs are used as the basis for determining intrastate access charge rate caps; or
(ii) costs or rates are used as the basis for determining state universal service support under 3 AAC 53.300 - 3 AAC 53.399.
(b) The provisions of 3 AAC 48.275(a) do not apply to the dominant carrier for rate decreases, new services, and repackaging of existing services.
(c) Repealed 7/31/2011.
(d) The provisions of 3 AAC 53.190 govern the reassignment of a subscriber's access line or lines to a different local exchange carrier.
(e) No implicit modification or waiver of any statutory or regulatory requirements is intended by 3 AAC 53.200 - 3 AAC 53.299 for either dominant or nondominant carriers. Absent specific modification or waiver, all statutory and regulatory requirements remain in effect for both dominant and nondominant carriers.
(f) Unless otherwise provided in 3 AAC 53.243, a local exchange carrier shall publish a public notice of all proposed tariff revisions in a local, general circulation newspaper no later than three days after filing it with the commission. The public notice must contain a general description of the filing that is accurate, written in plain English, and sufficient to alert consumers of tariff revisions that may affect either the rules or rates applicable to them. The notice must include sentences containing the following information: the date the utility made or will make its filing with the commission; the date the revisions are expected to become effective; and a statement that both the proposed revisions and the utility's current tariff are available for review at the utility's office for which an address and office hours are provided. The notice must contain sentences similar to the following: "Any person may file comments on this tariff revision with the Regulatory Commission of Alaska (mailing address and Internet website address). To assure that the commission has sufficient time to consider the comments before the revisions take effect, (utility name) suggests that you file comments no later than (a specific date, not a weekend or holiday, approximately 7-10 days before the filing takes effect)."
(g) Where all necessary facilities and equipment are in place, a local exchange carrier shall complete the transfer of a customer to another local exchange carrier within seven working days of receiving a valid order for transfer of service.
(h) The provision of 3 AAC 48.270(a)(5) that requires a tariff advice letter to include the estimated number of customers or shippers who will be affected by each separate schedule listed does not apply to a retail service offering of a local exchange carrier unless the carrier proposes to discontinue or increase the rates for a service. However, the commission may require a local exchange carrier filing a tariff under 3 AAC 53.240 to provide that information after the carrier submits its tariff proposal.
(i) On or before April 30 of each year, in accordance with 3 AAC 48.095, a local exchange carrier shall file a financial report of the carrier's operations in the state for the previous calendar year. The carrier's out-of-state operations must be excluded from the financial report. The carrier's financial report must include the following detailed information regarding its local exchange operations:
(1) the beginning and end-of-year balances of
(A) gross plant in service;
(B) net plant in service;
(C) inventory:
(D) prepayments;
(E) current assets;
(F) deferred tax assets;
(G) long-term debt;
(H) current liabilities;
(I) deferred tax liabilities; and
(J) shareholder equity;
(2) from the income statement
(A) retail revenues;
(B) revenues from resale;
(C) access revenues;
(D) billing and collection revenues;
(E) directory revenues;
(F) uncollectible revenue;
(G) gross operating revenue;
(H) operating expenses;
(I) interest on long-term debt;
(J) current tax expense; and
(K) net income; and
(3) the following end-of-year customer metrics:
(A) number of customers; and
(B) number of residential customers access charge revenue;
(4) billing and collection revenue; and
(5) directory assistance revenue.
(j) If the commission, by order, finds that an exchange is no longer served by multiple certificated facilities-based local exchange carriers, the remaining certificated facilities-based local exchange carrier shall be a dominant carrier for all retail services and shall also be the carrier of last resort. The provisions of 3 AAC 48.275, 3 AAC 48.277, and 3 AAC 48.430 apply to the remaining certificated facilities-based local exchange carrier. The provisions of 3 AAC 53.240 and 3 AAC 53.243 no longer apply to the remaining certificated facilities-based local exchange carrier. The commission will determine, upon petition or on its own motion, whether the exchange remains a competitive local exchange market.
(k) On or before July 1 each year, to satisfy the annual operations reporting obligation under AS 42.05.451(b),
(1) a publicly held local exchange carrier, including a subsidiary of a publicly held corporation, shall file in accordance with 3 AAC 48.095, its Securities and Exchange Commission Form 10-K annual report as of the end of the preceding fiscal year;
(2) a privately held local exchange carrier shall file in accordance with 3 AAC 48.095 a full and complete annual report of the company's financial condition and operations on a stand-alone basis, if available, or on a consolidated basis at the parent company level as of the end of the preceding fiscal year as follows:
(A) if the carrier is a recipient of loans from the United States Department of Agriculture Rural Utilities Service (RUS), the carrier shall provide a copy of its RUS Operating Report for Telecommunications Borrowers as filed with the Rural Utilities Service; the carrier shall make its underlying audit and related work papers and financial information available upon request by the commission;
(B) if a carrier is not a recipient of loans from the Rural Utilities Service and if the carriers financial statements are audited in the ordinary course of business, the carrier shall provide a copy of the carrier's audited financial statement, accompanied by a copy of a management letter issued by the independent certified public accountant that performed the company's financial audit, the carrier shall make its audit and related work papers and financial information available upon request by the commission;
(C) if a carrier is not a recipient of loans from the Rural Utilities Service and if the carriers financial statements are not audited but are independently reviewed in the ordinary course of business, the carrier shall provide a copy of the carrier's financial statement that has been subject to review by an independent certified public accountant, accompanied by an officer certification that the carrier was not audited in the ordinary course of business for the preceding fiscal year and that the reported data is accurate the carrier shall make the review and related work papers and financial information available upon request by the commission:
(D) if a carrier is not a recipient of loans from the Rural Utilities Service and if the carriers financial statements are not audited or independently reviewed in the ordinary course of business, the carrier shall provide a copy of the carrier's financial statement containing a comparative balance sheet, income statement, and statement of cash flows, accompanied by an officer certification that the carrier was not audited by or had its financial statements reviewed by an independent certified public accountant in the ordinary course of business for the preceding fiscal year, and that the reported data is accurate; the carrier shall make its underlying records and other financial information available upon request by the commission;
(3) a local exchange carrier designated as an eligible telecommunications carrier under 3 AAC 53.410 that has filed an annual report of the company's financial conditions and operations under 3 AAC 53.460 fulfills the requirement of this subsection by filing a certification to this fact.
(l) An incumbent local exchange carrier with a certificated interexchange carrier affiliate under 3 AAC 52.360 shall file with its annual report, in accordance with 3 AAC 48.095, a certificate of compliance with the cost allocation principles prescribed by 47 C.F.R. 64.901 and in a form substantially identical to the certification required by 47 C.F.R. 64.905.

Notes

3 AAC 53.290
Eff. 6/21/98, Register 146; am 11/11/2001, Register 160; am 4/24/2004, Register 170; am 9/16/2005, Register 175; am 7/31/2011, Register 199; am 11/6/2016, Register 220, January 2017; am 10/27/2017,Register 224, January 2018; am 11/13/2017,Register 224, January 2018; am 12/20/2018,Register 228, January 2019

Authority:AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.241

AS 42.05.711

AS 42.05.990

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