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SB 205: "An Act relating to the Regulatory Commission of Alaska; and relating to telecommunications regulations, exemptions, charges, and rates."

00                             SENATE BILL NO. 205                                                                         
01 "An Act relating to the Regulatory Commission of Alaska; and relating to                                                
02 telecommunications regulations, exemptions, charges, and rates."                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 29.35.070(a) is amended to read:                                                                   
05 (a)  The assembly acting for the area outside all cities in the borough and the                                         
06 council acting for the area in a city may regulate, fix, establish, and change the rates                                
07 and charges imposed for a utility service provided to the municipality or its inhabitants                               
08 by a utility that is not subject to regulation under AS 42.05 unless that utility is                                    
09 exempted from regulation under AS 42.05.711(a), (d) - (k), (o), (p), or (r) [, OR IS                                    
10       EXEMPTED UNDER REGULATIONS ADOPTED UNDER AS 42.05.810 FROM                                                        
11       COMPLYING WITH ALL OR PART OF AS 42.05.141 - 42.05.712, 42.05.990, OR                                             
12       42.05.995].                                                                                                       
13    * Sec. 2. AS 42.05.141 is amended by adding new subsections to read:                                               
14            (e)  The commission may not designate a local exchange carrier or an                                         
01       interexchange carrier as the carrier of last resort.                                                              
02            (f)  The commission may designate an eligible telecommunications carrier                                     
03       consistent with 47 U.S.C. 214(e).                                                                                 
04    * Sec. 3. AS 42.05.711 is amended by adding a new subsection to read:                                              
05            (u)  A utility that provides telecommunications services is exempt from the                                  
06       provisions of this chapter, other than AS 42.05.141(f), 42.05.221 - 42.05.281,                                    
07       42.05.296, 42.05.306, 42.05.631, 42.05.641, 42.05.830, 42.05.840, and 42.05.860.                                  
08    * Sec. 4. AS 42.05.820 is amended to read:                                                                         
09            Sec. 42.05.820. No municipal regulation. A long distance telephone company                                 
10 or a local exchange carrier that is exempted in whole or in part from complying with                                
11 all or a portion of this chapter may not be regulated by a municipality under                                           
12       AS 29.35.060 and 29.35.070.                                                                                       
13    * Sec. 5. AS 42.05.830 is repealed and reenacted to read:                                                          
14 Sec. 42.05.830. Exchange access charges. The commission shall require each                                            
15 local exchange carrier to charge the same rates and use the same rate structure for                                     
16       intrastate interexchange access service and interstate interexchange access service.                              
17    * Sec. 6. AS 42.05.890 is amended to read:                                                                         
18 Sec. 42.05.890. Definitions. In AS 42.05.820 - 42.05.890 [AS 42.05.800 -                                          
19       42.05.890],                                                                                                       
20 (1)  "local exchange carrier" means any carrier certificated to provide                                                 
21       local telephone services;                                                                                         
22 (2)  ["LONG DISTANCE CARRIER" OR] "long distance telephone                                                              
23       company" means any carrier certificated to provide long distance telephone services;                              
24 (3)  "long distance telephone service" [OR "LONG DISTANCE                                                               
25       SERVICE"] means intrastate, interexchange telephone service.                                                      
26    * Sec. 7. AS 42.05.145, 42.05.325, 42.05.800, 42.05.810, and 42.05.850 are repealed.                               
27    * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to                          
28 read:                                                                                                                   
29 TRANSITION: REGULATORY COST CHARGE. Notwithstanding AS 42.05, as                                                        
30 amended by secs. 2 - 7 of this Act, a telecommunications utility required to pay an annual                              
31 regulatory cost charge as a regulated public utility under AS 42.05.254 before the effective                            
01 date of this Act shall continue to pay the regulatory cost charge as a regulated public utility                         
02 until July 1, 2019.