Legislature(1999 - 2000)

1999-05-14 Senate Journal

Full Journal pdf

1999-05-14                     Senate Journal                      Page 1462
SB 52                                                                        
SENATE BILL NO. 52 An Act relating to competition in the                       
provision of local exchange telephone service; and providing for an            
effective date was read the second time.                                       
                                                                               
Senator Torgerson, Cochair, moved and asked unanimous consent for              
the adoption of the Finance Committee Substitute offered on page               
914. Without objection, CS FOR SENATE BILL NO. 52(FIN) was                     
adopted and read the second time.                                              
                                                                               
Senator Mackie moved and asked unanimous consent that Senator                  
Pearce be allowed to abstain from voting because of a conflict of              
interest. Objections were heard and Senator Pearce was required to             
vote.                                                                          
                                                                               
Senators Miller, Pete Kelly moved and asked unanimous consent that             
they be allowed to abstain from voting because of a conflict of                
interest. Objections were heard and Senators Miller, Pete Kelly were           
required to vote.                                                              
                                                                               
Amendment No. 1 was not offered.                                               
                                                                               
Senator Halford offered Amendment No. 2 :                                       
                                                                               
                                                                               

1999-05-14                     Senate Journal                      Page 1463
SB 52                                                                        
Page 1, line 2, after the word service; insert:                                
	relating to fair and equal access to cable television utility                
services and facilities;                                                      
                                                                               
Page 1, line 4, insert:                                                        
* Section. 1. AS 42.05.711(k) is amended to read:                            
	A utility that furnishes cable television service in areas                    
which have not been opened to local telephone competition by the               
Commission under 47 U.S.C. 251 is exempt from the provision of                 
this chapter other than AS 42.05.221 - 42.05.281, in those service             
areas only, unless the subscribers petition the Commission for                 
regulation under the procedure described in AS 42.05.712.                      
                                                                               
* Sec. 2. The Alaska Public Utilities Commission shall, on or before         
January 1, 2000, promulgate, issue and implement regulations                   
governing equal access to the services and facilities of cable                 
television utilities.  These regulations shall include provision               
requiring interconnection, collocation of facilities and resale of             
services and facilities on a wholesale and unbundled basis.                    
                                                                               
* Sec. 3. The Alaska Public Utilities Commission shall, on or before         
January 1, 2000, promulgate, issue and implement regulations                   
requiring the establishment tariffs for, and governing the                     
establishment of, prices charged by cable television utilities for the         
provision of service, interconnection, collocation of facilities, resale       
of services and facilities on a wholesale and unbundled basis.                 
                                                                               
* Sec. 4. All cable television utilities shall file tariffs in conformity    
with the regulations issued pursuant to the Act within thirty days of          
the regulations being issued.                                                  
                                                                               
Renumber the remaining sections.                                               
                                                                               
Senator Halford moved for the adoption of Amendment No. 2.                     
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 2 be adopted? The roll                 
was taken with the following result:                                           
                                                                               

1999-05-14                     Senate Journal                      Page 1464
SB 52                                                                        
                                                                               
CSSB 52(FIN)                                                                   
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Ellis, Elton, Green, Halford, Hoffman, Lincoln,                  
Miller, Pearce, Phillips, Taylor, Ward                                         
                                                                               
Nays:  Donley, Kelly Pete, Kelly Tim, Leman, Mackie, Parnell,                  
Torgerson, Wilken                                                              
                                                                               
and so, Amendment No. 2 was adopted.                                           
                                                                               
Senator Halford offered Amendment No. 3 :                                       
                                                                               
Page 3, line 13:                                                               
	Delete that served 25,000 or more access lines on January                     
1, 1999.                                                                       
                                                                               
Senator Halford moved for the adoption of Amendment No. 3.                     
Senator Pete Kelly objected.                                                   
                                                                               
The question being: Shall Amendment No. 3 be adopted? The roll                 
was taken with the following result:                                           
                                                                               
CSSB 52(FIN) am                                                                
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Ellis, Green, Halford, Phillips, Taylor, Ward                    
                                                                               
Nays:  Donley, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman,                   
Lincoln, Mackie, Miller, Parnell, Pearce, Torgerson, Wilken                    
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
                                                                               

1999-05-14                     Senate Journal                      Page 1465
SB 52                                                                        
Senator Pete Kelly offered Amendment No. 4 :                                    
                                                                               
Page 2, lines 9 - 12:                                                          
	Delete "(1)  regulations ensuring universal service and                       
providing for access charges that are compatible with full                     
competition in the provision of local exchange telephone service               
using all methods allowed by 47 U.S.C. 251 - 276                               
(Telecommunications Act of 1996); and"                                         
                                                                               
	Insert "(1)  regulations ensuring universal service and                       
providing for access charges that are compatible with full                     
competition in the provision of local exchange telephone service               
using all methods allowed by 47 U.S.C. 251 - 276                               
(Telecommunications Act of 1996) and in full compliance with 47                
U.S.C. 251(f)(1)(B); and"                                                      
                                                                               
Page 3, lines 6 - 9:                                                           
	Delete "(1)  regulations ensuring universal service and                       
providing for access charges that are compatible with full                     
competition in the provision of local exchange telephone service               
using all methods allowed by 47 U.S.C. 251 - 276                               
(Telecommunications Act of 1996); and"                                         
	Insert "(1)  regulations ensuring universal service and                       
providing for access charges that are compatible with full                     
competition in the provision of local exchange telephone service               
using all methods allowed by 47 U.S.C. 251 - 276                               
(Telecommunications Act of 1996) and in full compliance with 47                
U.S.C. 251(f)(1)(B); and"                                                      
                                                                               
Senator Pete Kelly moved for the adoption of Amendment No. 4.                  
Senator Halford objected, then withdrew his objection. There being             
no further objections, Amendment No. 4 was adopted.                            
                                                                               
Senator Mackie moved and asked unanimous consent that the bill be              
considered engrossed, advanced to third reading and placed on final            
passage. Senator Adams objected.                                               
                                                                               
                                                                               

1999-05-14                     Senate Journal                      Page 1466
SB 52                                                                        
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
CSSB 52(FIN) am                                                                
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim,                 
Leman, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken            
                                                                               
Nays:  Adams, Ellis, Elton, Lincoln, Taylor, Ward                              
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
CS FOR SENATE BILL NO. 52(FIN) am will appear on the May                       
15 calendar.