SB 83: "An Act relating to the Regulatory Commission of Alaska; relating to the public utility regulatory cost charge; relating to the regulation of telecommunications; relating to exemptions, charges, and rates applicable to telecommunications utilities; relating to regulation of telephone services; and relating to alternate operator services."
00 SENATE BILL NO. 83 01 "An Act relating to the Regulatory Commission of Alaska; relating to the public utility 02 regulatory cost charge; relating to the regulation of telecommunications; relating to 03 exemptions, charges, and rates applicable to telecommunications utilities; relating to 04 regulation of telephone services; and relating to alternate operator services." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 29.35.070(a) is amended to read: 07 (a) The assembly acting for the area outside all cities in the borough and the 08 council acting for the area in a city may regulate, fix, establish, and change the rates 09 and charges imposed for a utility service provided to the municipality or its inhabitants 10 by a utility that is not subject to regulation under AS 42.05 unless that utility is 11 exempted from regulation under AS 42.05.711(a), (d) - (k), (o), (p), [OR] (r), or (u) 12 [IS EXEMPTED UNDER REGULATIONS ADOPTED UNDER AS 42.05.810 13 FROM COMPLYING WITH ALL OR PART OF AS 42.05.141 - 42.05.712, 14 42.05.990, OR 42.05.995].
01 * Sec. 2. AS 42.05.141 is amended by adding new subsections to read: 02 (e) The commission may not designate a local exchange carrier or long 03 distance telephone company as the carrier of last resort. In this subsection, "local 04 exchange carrier" and "long distance telephone company" have the meanings given in 05 AS 42.05.890. 06 (f) The commission may designate an eligible telecommunications carrier 07 consistent with 47 U.S.C. 214(e). 08 * Sec. 3. AS 42.05.254(a) is amended to read: 09 (a) A regulated public utility or a certificated utility that provides 10 telecommunications services operating in the state shall pay to the commission an 11 annual regulatory cost charge in an amount not to exceed the maximum percentage of 12 adjusted gross revenue that applies to the utility sector of which the utility is a part. 13 The regulatory cost charges that the commission expects to collect from all regulated 14 utilities and certificated utilities providing telecommunications services may not 15 exceed the sum of the following percentages of the total adjusted gross revenue of all 16 regulated public utilities and certificated utilities providing telecommunications 17 services derived from operations in the state: (1) not more than .7 percent to fund the 18 operations of the commission, and (2) not more than .17 percent to fund operations of 19 the public advocacy function under AS 42.04.070(c) and AS 44.23.020(e) within the 20 Department of Law. An exempt utility that does not provide telecommunications 21 services shall pay the actual cost of services provided to it by the commission. 22 * Sec. 4. AS 42.05.254(h) is amended to read: 23 (h) The commission shall by regulation establish a method to determine 24 annually the maximum percentage of adjusted gross revenue that will apply to each 25 regulated public utility sector, the certificated telecommunications utility sector, 26 and [THE MAXIMUM PERCENTAGE OF GROSS REVENUE THAT WILL 27 APPLY TO] the regulated pipeline carrier sector. Other than the cost of services 28 provided to exempt utilities that do not provide telecommunications services, the 29 method established shall allocate the commission's costs, and the Department of Law's 30 certified costs of its public advocacy function under AS 42.04.070(c) and 31 AS 44.23.020(e), among the regulated public utility sectors, the certificated
01 telecommunications utility sector, and the regulated pipeline carrier sector based on 02 the relative amount of the commission's annual costs and the Department of Law's 03 certified costs that is attributable to regulating each sector. For purposes of this 04 subsection, the Department of Law shall annually certify to the commission the costs 05 of its public advocacy function under AS 42.04.070(c) and AS 44.23.020(e). 06 * Sec. 5. AS 42.05.254(i)(2) is amended to read: 07 (2) "exempt utility" means a public utility that does not provide 08 telecommunications services and is certificated by the commission under 09 AS 42.05.221 - 42.05.281 but, in accordance with AS 42.05.711, is exempt from other 10 regulatory requirements of this chapter; 11 * Sec. 6. AS 42.05.361 is amended by adding a new subsection to read: 12 (d) The commission may require a telecommunications carrier to make tariff 13 filings related to telecommunications services provided to inmates in the custody of 14 the Department of Corrections. Notwithstanding (a) - (c) of this section, the 15 commission may not require a telecommunications carrier to make other tariff filings. 16 * Sec. 7. AS 42.05.381 is amended by adding new subsections to read: 17 (l) The rates and terms and conditions of service of an incumbent local 18 exchange carrier for basic residential local telephone service must be uniform within 19 its study area, as determined by the Federal Communications Commission. 20 (m) The rates and terms and conditions of service of a competitive local 21 exchange carrier for basic residential local telephone service must be uniform 22 throughout its service area. 23 (n) The retail rates of a long distance telephone company for message 24 telephone service for residential customers must be geographically averaged. If rates 25 vary by distance over which calls are placed, the rate for each mileage band must be 26 equal to or greater than the rate for the next shorter mileage band. 27 (o) In this section, "local exchange carrier" and "long distance telephone 28 company" have the meanings given in AS 42.05.890. 29 * Sec. 8. AS 42.05.711 is amended by adding new subsections to read: 30 (u) A utility that provides telecommunications services is exempt from the 31 provisions of this chapter, other than AS 42.05.141(e) and (f), 42.05.221 - 42.05.281,
01 42.05.296, 42.05.306, 42.05.381(l) - (n), 42.05.631, 42.05.641, 42.05.661, and 02 42.05.820 - 42.05.860. 03 (v) Notwithstanding (u) of this section, the commission has the authority to 04 regulate the rates and terms and conditions of telecommunications services provided to 05 inmates in the custody of the Department of Corrections. 06 * Sec. 9. AS 42.05.820 is amended to read: 07 Sec. 42.05.820. No municipal regulation. A long distance telephone company 08 or a local exchange carrier that is exempted in whole or in part from complying with 09 all or a portion of this chapter may not be regulated by a municipality under 10 AS 29.35.060 and 29.35.070. 11 * Sec. 10. AS 42.06.286(e) is amended to read: 12 (e) The commission shall by regulation establish a method to determine 13 annually the maximum percentage of gross revenue that will apply to each regulated 14 public utility sector, the telecommunications utility sector, and [THE MAXIMUM 15 PERCENTAGE OF GROSS REVENUE THAT WILL APPLY TO] the regulated 16 pipeline carrier sector in accordance with AS 42.05.254(h). 17 * Sec. 11. AS 45.50.473(a) is amended to read: 18 (a) A person may not provide an alternate operator service without disclosing 19 to the consumer before a charge is incurred the cost of the service provided by the 20 person and the identity of the person providing those services. [THIS SECTION 21 DOES NOT AFFECT THE POWER OF THE REGULATORY COMMISSION OF 22 ALASKA TO REGULATE PROVIDERS OF ALTERNATE OPERATOR 23 SERVICES UNDER AS 42.05 IN A MANNER CONSISTENT WITH THIS 24 SECTION.] 25 * Sec. 12. AS 45.50.473(d) is amended to read: 26 (d) In this section, "alternate operator service" 27 (1) means a connection to intrastate or interstate long-distance 28 telecommunications facilities from a nonresidential location in the state including 29 a hotel, motel, hospital, or customer-owned pay telephone, or from a place where 30 business from consumers is aggregated, by a person that does not own any of the 31 telecommunications facilities being connected through the service;
01 (2) does not include an intrastate or interstate long-distance 02 carrier that contracts for operator services and charges rates for those services 03 that are no greater than the rates charged by long-distance carriers regulated by 04 the Regulatory Commission of Alaska or by the Federal Communications 05 Commission [HAS THE MEANING GIVEN IN AS 42.05.325(c)]. 06 * Sec. 13. AS 42.05.325 and 42.05.810 are repealed.