3 AAC 53.290 - Miscellaneous provisions
(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
(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(c) Repealed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
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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.