3 AAC 53.410 - Designation of eligible telecommunications carriers
(a) A common
carrier seeking designation as an eligible telecommunications carrier must
file, for each study area or portion of a study area where eligible
telecommunications carrier designation is sought, a request, in accordance with
3
AAC 48.095, that includes
(1) the common carrier's legal name, name
under which business is conducted, and address;
(2) the name, title, and telephone number of
the individual who is the liaison with the commission regarding the
request;
(3) a legal description by
township and range of the proposed eligible telecommunications carrier service
area;
(4) one or more maps of the
proposed eligible telecommunications carrier service area, in hard copy and
electronic format, that are legible and provide
(A) sufficient geographic detail to confirm
the legal description in township and range of the proposed eligible
telecommunications carrier service area;
(B) sufficient geographic detail to confirm
the legal description in township and range of the study area of any incumbent
local exchange carrier providing service in the proposed eligible
telecommunications carrier service area, including exchange area
boundaries;
(C) the common
carrier's current coverage area and authorized service area, including material
geographic obstacles;
(D) the
common carrier's proposed coverage area by technology, including material
geographical obstacles to serving the proposed coverage area; and
(E) the coverage area of any carrier whose
services will be resold;
(5) a certification that the common carrier
is
(A) capable of providing the supported
services in the eligible telecommunications carrier service area upon
designation; and
(B) committed to
providing the supported services throughout the eligible telecommunications
carrier service area in accordance with (7) of this subsection;
(6) a detailed explanation of how
the common carrier is capable of and proposes to provide each supported service
throughout the eligible telecommunications carrier service area; the
explanation must include by wire center area
(A) the technology to be deployed;
(B) the supported services to be provided
through resale of another carrier's services, if any;
(C) any limitations on the ability to provide
supported services upon designation; and
(D) any federal waivers of requirements
applicable to the provision of emergency services;
(7) a commitment to
(A) provide service on a timely basis to
requesting customers throughout the common carrier's eligible
telecommunications carrier service area using its own facilities or a
combination of its own facilities and resale in accordance with the common
carrier's network deployment plan filed under
3
AAC 53.420 and reported and certified under
47 C.F.R.
54.316 and
54.321; and
(B) file a report to the commission in
accordance with 47 C.F.R.
54.313(a)(3) and 3 AAC
48.095 of any instance in which the carrier is unable to fulfill a customer
request for service;
(8)
a description of what facilities will be used to deliver supported services in
the proposed eligible telecommunications carrier service area, including a
description of the common carrier's existing facilities by wire center
area;
(9) a description of
authorities, licenses, and interconnection, resale, and other agreements that
enable the common carrier to provide the supported services throughout the
proposed eligible telecommunications carrier service area, including the docket
of any related commission proceedings;
(10) a detailed description of how universal
service support will be used, including the information required by
3
AAC 53.420;
(11) a certification that the common carrier
will, within 90 days after designation and annually thereafter, advertise in a
medium of general distribution the availability of and charges for supported,
lifeline, and link up services throughout the eligible telecommunications
carrier service area;
(12) a
certification that the common carrier has and will continue to take steps to
remain functional in emergency situations by
(A) maintaining at least eight hours of
backup power to ensure functionality without local alternating current (AC)
commercial power;
(B) establishing
to the extent feasible the ability to reroute traffic around damaged facilities
and to manage traffic spikes resulting from emergency situations; and
(C) establishing procedures for employees to
follow in an emergency to prevent or minimize interruption or impairment of
telecommunications services;
(13) a certification that the common carrier
will comply with applicable consumer protection and service quality standards
set out in 3 AAC 53.450;
(14) information confirming that the common
carrier offers one or more calling plans comparable to those of the incumbent
local exchange carrier; the information must include
(A) a certification that, among its
comparable calling plans, the common carrier offers a calling plan with at
least 500 free minutes of local usage per month; and
(B) a comparison of the incumbent local
exchange carrier's basic local usage plans and the requesting carrier's local
usage plans that includes the local calling area, minutes of use included, plan
rates, rate for excess minutes, features, and any other information
demonstrating how proposed plans compare to calling plans of the incumbent
local exchange carrier;
(15) information on how the common carrier
will administer the lifeline and link up programs, including
(A) a certification that the common carrier
offers a calling plan with at least 500 free minutes of local usage per month
to lifeline-eligible customers;
(B)
a description of the local calling area, plan rate, rate for excess minutes,
and available features;
(C) an
explanation of how eligibility for lifeline and link up will be
determined;
(D) examples applying
lifeline discounts to service offerings; and
(E) a statement of whether a lifeline
customer has a choice of plan offerings or must subscribe to one standard
plan;
(16) a
certification that the common carrier acknowledges it may be required to
provide equal access to long distance carriers if no other eligible
telecommunications carrier provides equal access within the eligible
telecommunications carrier service area;
(17) with respect to universal service
support for high-cost areas, a commitment to use that high-cost universal
service support for the provision, maintenance, and upgrade of facilities and
services that benefit the eligible telecommunications carrier service area from
which the support was derived;
(18)
if service area redefinition is requested, the information required by
3
AAC 53.430;
(19) any additional information that the
common carrier considers important in support of the request for designation as
an eligible telecommunications carrier; and
(20) the information and fees required by (b)
and (c) of this section.
(b) The common carrier must demonstrate that
designation as an eligible telecommunications carrier is in the public interest
by filing information explaining
(1) how
designation would benefit consumers;
(2) the advantages and disadvantages of the
requesting common carrier's service offerings compared to the offerings of
other common carriers in the area;
(3) whether the common carrier's particular
plan for providing supported services upon request throughout the proposed
eligible telecommunications carrier service area is in the public interest;
and
(4) any additional information
that the common carrier considers important to demonstrate designation is in
the public interest.
(c)
A common carrier that does not pay regulatory cost charges under
AS
42.05.254 and 3 AAC 47 shall submit a fee of
$5,000 with a request for designation as an eligible telecommunications
carrier.
Notes
Authority: AS 42.05.141
AS 42.05.145
AS 42.05.151
AS 42.05.291
AS 42.05.306
AS 42.05.381
AS 42.05.431
AS 42.05.661
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