00 CS FOR SENATE BILL NO. 205(L&C)
01 "An Act relating to the Regulatory Commission of Alaska; relating to the public utility
02 regulatory cost charge; and relating to telecommunications regulations, exemptions,
03 charges, and rates."
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
05 * Section 1. AS 29.35.070(a) is amended to read:
06 (a) The assembly acting for the area outside all cities in the borough and the
07 council acting for the area in a city may regulate, fix, establish, and change the rates
08 and charges imposed for a utility service provided to the municipality or its inhabitants
09 by a utility that is not subject to regulation under AS 42.05 unless that utility is
10 exempted from regulation under AS 42.05.711(a), (d) - (k), (o), (p), or (r) [, OR IS
11 EXEMPTED UNDER REGULATIONS ADOPTED UNDER AS 42.05.810 FROM
12 COMPLYING WITH ALL OR PART OF AS 42.05.141 - 42.05.712, 42.05.990, OR
14 * Sec. 2. AS 42.05.141 is amended by adding new subsections to read:
01 (e) The commission may not designate a local exchange carrier or an
02 interexchange carrier as the carrier of last resort.
03 (f) The commission may designate an eligible telecommunications carrier
04 consistent with 47 U.S.C. 214(e).
05 * Sec. 3. AS 42.05.211 is amended to read:
06 Sec. 42.05.211. Annual report. The commission shall, by November 15 of
07 each year, publish an annual report reviewing its activities during the previous fiscal
08 year and notify the legislature that the report is available. The report must
09 (1) address the regulation of public utility service in the state as of
10 June 30 and must contain details about the commission's compliance with the
11 requirements of AS 42.05.175(a) - (e), with the timeline extensions made by the
12 commission under AS 42.05.175(f), and with other performance measures established
13 by the commission; and
14 (2) describe the activity and costs related to regulating each type of
15 telecommunications carrier.
16 * Sec. 4. AS 42.05.254(a) is amended to read:
17 (a) A regulated public utility or a utility that provides telecommunications
18 services operating in the state shall pay to the commission an annual regulatory cost
19 charge in an amount not to exceed the maximum percentage of adjusted gross revenue
20 that applies to the utility sector of which the utility is a part. The regulatory cost
21 charges that the commission expects to collect from all regulated utilities and utilities
22 providing telecommunications services may not exceed the sum of the following
23 percentages of the total adjusted gross revenue of all regulated public utilities, and
24 utilities providing telecommunications services, derived from operations in the
25 state: (1) not more than .7 percent to fund the operations of the commission, and (2)
26 not more than .17 percent to fund operations of the public advocacy function under
27 AS 42.04.070(c) and AS 44.23.020(e) within the Department of Law. An exempt
28 utility that does not provide telecommunications services shall pay the actual cost
29 of services provided to it by the commission.
30 * Sec. 5. AS 42.05.254(h) is amended to read:
31 (h) The commission shall by regulation establish a method to determine
01 annually the maximum percentage of adjusted gross revenue that will apply to each
02 regulated public utility sector or the telecommunications utility sector and the
03 maximum percentage of gross revenue that will apply to the regulated pipeline carrier
04 sector. Other than the cost of services provided to exempt utilities that do not provide
05 telecommunications services, the method established shall allocate the commission's
06 costs, and the Department of Law's certified costs of its public advocacy function
07 under AS 42.04.070(c) and AS 44.23.020(e), among the regulated public utility
08 sectors, the telecommunications utility sector, and the regulated pipeline carrier
09 sector based on the relative amount of the commission's annual costs and the
10 Department of Law's certified costs that is attributable to regulating each sector. For
11 purposes of this subsection, the Department of Law shall annually certify to the
12 commission the costs of its public advocacy function under AS 42.04.070(c) and
13 AS 44.23.020(e).
14 * Sec. 6. AS 42.05.254(i)(2) is amended to read:
15 (2) "exempt utility" means a public utility that does not provide
16 telecommunications services and is certificated by the commission under
17 AS 42.05.221 - 42.05.281 but, in accordance with AS 42.05.711(a) - (t)
18 [AS 42.05.711], is exempt from other regulatory requirements of this chapter;
19 * Sec. 7. AS 42.05.711 is amended by adding a new subsection to read:
20 (u) A utility that provides telecommunications services is exempt from the
21 provisions of this chapter, other than AS 42.05.141(f), 42.05.221 - 42.05.281,
22 42.05.296, 42.05.306, 42.05.631, 42.05.641, and 42.05.830 - 42.05.860.
23 * Sec. 8. AS 42.05.820 is amended to read:
24 Sec. 42.05.820. No municipal regulation. A long distance telephone company
25 or a local exchange carrier that is exempted in whole or in part from complying with
26 all or a portion of this chapter may not be regulated by a municipality under
27 AS 29.35.060 and 29.35.070.
28 * Sec. 9. AS 42.05.890 is amended to read:
29 Sec. 42.05.890. Definitions. In AS 42.05.820 - 42.05.890 [AS 42.05.800 -
31 (1) "local exchange carrier" means any carrier certificated to provide
01 local telephone services;
02 (2) "long distance carrier" or "long distance telephone company"
03 means any carrier certificated to provide long distance telephone services;
04 (3) "long distance telephone service" or "long distance service" means
05 intrastate, interexchange telephone service.
06 * Sec. 10. AS 42.06.286(e) is amended to read:
07 (e) The commission shall by regulation establish a method to determine
08 annually the maximum percentage of gross revenue that will apply to each regulated
09 public utility sector and the telecommunications utility sector and the maximum
10 percentage of gross revenue that will apply to the regulated pipeline carrier sector in
11 accordance with AS 42.05.254(h).
12 * Sec. 11. AS 42.05.325, 42.05.800, and 42.05.810 are repealed.