Legislature(2003 - 2004)

2003-05-18 House Journal

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2003-05-18                     House Journal                      Page 1871
HB 106                                                                                            
The following, which was advanced to third reading from the May 17,                                 
2003, calendar (page 1814), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 106(JUD)                                                                  
    "An Act relating to retail tariffing standards in a competitive local                           
    exchange service area; and to exemptions from retail tariff filing                              
    requirements and certain other provisions in competitive                                        
    telecommunications markets; setting a policy regarding unbundled                                
    network elements in the telecommunications market; relating to                                  
    depreciation expense rates for certain telecommunications                                       
    utilities; requiring the Regulatory Commission of Alaska to                                     
    conduct an investigation, take certain actions, withhold certain                                
   actions, and issue a report; and providing for an effective date."                              
                                                                                                    
The following fiscal note was submitted by the Judiciary Committee:                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the rules would be                                      
suspended and the bill would be returned to second reading for all                                  
amendments.                                                                                         
                                                                                                    
Amendment No. 1 was offered  by Representative Gara:                                                 
                                                                                                    
Page 1, line 13, following "carrier":                                                               
 Insert "in areas where the commission has determined there is                                      
competition among carriers"                                                                         
                                                                                                    

2003-05-18                     House Journal                      Page 1872
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
McGuire:                                                                                            
                                                                                                    
Following "carriers.":                                                                              
 Insert "Barring infeasibility, the commission shall provide for                                    
expedited consideration as to competition among carriers."                                          
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
Representative Croft withdrew the objection.  There being no further                                
objection, Amendment No. 1 as amended was adopted.                                                  
                                                                                                    
Amendment No. 2 was offered  by Representative Gara:                                                 
                                                                                                    
Page 1, line 2 (title amendment):                                                                   
 Delete "; and to exemptions from retail tariff filing                                            
requirements and"                                                                                 
 Insert ", and to"                                                                                
                                                                                                    
Page 2, line 3:                                                                                     
 Delete "new sections"                                                                              
 Insert "a new section"                                                                             
                                                                                                    
Page 2, line 4, through page 3, line 1:                                                             
 Delete all material.                                                                               
                                                                                                    
Page 3, line 3:                                                                                     
 Delete "(a)"                                                                                       
                                                                                                    
Page 3, lines 20 - 21:                                                                              
 Delete all material.                                                                               
                                                                                                    
Page 3, following line 31:                                                                          
 Insert a new bill section to read:                                                                 

2003-05-18                     House Journal                      Page 1873
   "* Sec. 4.  AS 42.05.990 is amended by adding new paragraphs to                                
read:                                                                                               
      (9)  "competitive service area" means an area served by a                                     
    local exchange carrier in which at least 50 percent of all retail                               
    customers have a choice of facilities-based service providers; the                              
    area may be                                                                                     
           (A)  the entire service area; or                                                         
                  (B)  if the entire service area is not competitive,                               
         specifically identified communities within the service area                                
         that are competitive;                                                                      
             (10)  "facilities-based service provider" means a                                      
    telephone utility that offers a portion of its products and services                            
    by means of facilities it owns and operates or by means of                                      
    facilities and unbundled network elements it leases from another                                
    provider, or any combination of facilities owned and leased;                                    
             (11)  "network element" means a facility or equipment                                  
    used in the provision of a telecommunications service;                                          
             (12)  "retail" means services or products sold directly to                             
    the actual user of the services or products;                                                    
             (13)  "unbundled" has the meaning given in 47 U.S.C.                                   
    251(c)(3)."                                                                                     
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 106(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  16   NAYS:  23   EXCUSED:  1   ABSENT:  0                                                  

2003-05-18                     House Journal                      Page 1874
Yeas:  Berkowitz, Coghill, Crawford, Gara, Gruenberg, Harris,                                       
Kapsner, Kookesh, Meyer, Moses, Ogg, Seaton, Weyhrauch,                                             
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Anderson, Chenault, Cissna, Croft, Dahlstrom, Fate, Foster,                                  
Gatto, Guttenberg, Hawker, Heinze, Holm, Kerttula, Kohring, Kott,                                   
Lynn, Masek, McGuire, Morgan, Rokeberg, Samuels, Stoltze, Wolf                                      
                                                                                                    
Excused:  Joule                                                                                     
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Gara:                                                 
                                                                                                    
Page 4, lines 1 - 10:                                                                               
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 106(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  20   NAYS:  19   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Coghill, Crawford, Fate, Gara, Gatto, Gruenberg,                                  
Harris, Holm, Kapsner, Kookesh, Meyer, Morgan, Moses, Ogg,                                          
Seaton, Weyhrauch, Whitaker, Williams, Wilson                                                       
                                                                                                    
Nays:  Anderson, Chenault, Cissna, Croft, Dahlstrom, Foster,                                        
Guttenberg, Hawker, Heinze, Kerttula, Kohring, Kott, Lynn, Masek,                                   
McGuire, Rokeberg, Samuels, Stoltze, Wolf                                                           
                                                                                                    
Excused:  Joule                                                                                     
                                                                                                    
And so, Amendment No. 3 was adopted.                                                                

2003-05-18                     House Journal                      Page 1875
Amendment No. 4 was offered  by Representative Gara:                                                 
                                                                                                    
Page 3, lines 24 - 31, following "allowed":                                                         
 Delete all material.                                                                               
 Insert ", based upon the actual life expectancy of the depreciating                                
facilities, materials, and equipment."                                                              
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Holm objected.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 106(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  9   NAYS:  30   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Crawford, Gara, Kapsner, Kookesh, Moses, Ogg, Weyhrauch,                                     
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft,                                       
Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, Masek,                                         
McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze,                                         
Whitaker, Wolf                                                                                      
                                                                                                    
Excused:  Joule                                                                                     
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
Amendment No. 5 was offered  by Representatives McGuire and                                          
Anderson:                                                                                           
                                                                                                    
Page 2, lines 5 - 8:                                                                                
 Delete subsection (a).                                                                             
 Insert new subsection (a) to read:                                                                 
 "A local exchange carrier may petition the commission for a                                        
determination that one or more of its markets is a competitive service                              
area.  The commission shall, within 90 days, grant or reject the                                    

2003-05-18                     House Journal                      Page 1876
petition according to the standard set forth in this section.  If the                               
commission fails to act within 90 days after the submission of such a                               
petition, the petition shall be deemed granted.  A certification exempts                            
the telecommunications utility from retail tariff filing requirements."                             
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 5 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
CSHB 106(JUD) am was automatically in third reading.                                                
                                                                                                    
Representative Rokeberg rose to a point of order.                                                   
                                                                                                    
The Speaker stated the point was well taken and cautioned the member                                
to confine remarks to the bill before the body.                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
call be extended to the second floor.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 106(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 106(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  23   NAYS:  16   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Croft, Dahlstrom, Foster, Gatto,                                 
Gruenberg, Guttenberg, Hawker, Heinze, Kerttula, Kohring, Kookesh,                                  
Kott, Lynn, Masek, McGuire, Morgan, Rokeberg, Samuels, Stoltze,                                     
Wolf                                                                                                
                                                                                                    
Nays:  Berkowitz, Coghill, Crawford, Fate, Gara, Harris, Holm,                                      
Kapsner, Meyer, Moses, Ogg, Seaton, Weyhrauch, Whitaker,                                            
Williams, Wilson                                                                                    
                                                                                                    
Excused:  Joule                                                                                     
                                                                                                    
And so, CSHB 106(JUD) am passed the House.                                                          
                                                                                                    

2003-05-18                     House Journal                      Page 1877
Representative Coghill moved that the effective date clause be                                      
adopted.                                                                                            
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
CSHB 106(JUD) am                                                                                    
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh,                                  
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Excused:  Joule                                                                                     
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
Representative McGuire gave notice of reconsideration of the vote on                                
CSHB 106(JUD) am.