Legislature(1999 - 2000)

04/07/1999 08:09 AM House URS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HOUSE SPECIAL COMMITTEE ON UTILITY RESTRUCTURING                                                                              
                   April 7, 1999                                                                                                
                     8:09 a.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Bill Hudson, Chairman                                                                                            
Representative John Cowdery, Vice Chairman                                                                                      
Representative Norman Rokeberg                                                                                                  
Representative Brian Porter                                                                                                     
Representative Ethan Berkowitz                                                                                                  
Representative Joe Green (alternate)                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Pete Kott                                                                                                        
Representative John Davies                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
ALASKA PUBLIC UTILITIES COMMISSION (APUC) PROPOSED LEGISLATION                                                                  
AT&T PRESENTATION                                                                                                               
FOUR DAM POOL                                                                                                                   
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
WALTER WILCOX, SR., Legislative Assistant                                                                                       
   for Representative Hudson                                                                                                    
Alaska State Legislature                                                                                                        
Capitol Building, Room 108                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-6820                                                                                                      
POSITION STATEMENT:  Introduced the proposed draft legislation.                                                                 
                                                                                                                                
SAM COTTEN, Chair                                                                                                               
Alaska Public utilities Commission (APUC)                                                                                       
1016 West 6th Avenue                                                                                                            
Anchorage, Alaska  99501                                                                                                        
Telephone:  (907) 276-6222                                                                                                      
POSITION STATEMENT:  Answered questions about the language in the                                                               
                     proposed draft legislation.                                                                                
                                                                                                                                
JIM ROWE, Executive Director                                                                                                    
Alaska Telephone Association                                                                                                    
4341 B Street                                                                                                                   
Anchorage, Alaska  99503                                                                                                        
Telephone:  (907) 563-4000                                                                                                      
POSITION STATEMENT:  Voiced some concerns on the proposed                                                                       
                     legislation.                                                                                               
                                                                                                                                
TOM POSEY, President                                                                                                            
American Telephone & Telegraph (AT&T), Alascom                                                                                  
210 East Bluff Drive                                                                                                            
Anchorage, Alaska  99501                                                                                                        
Telephone:  (907) 264-7122                                                                                                      
POSITION STATEMENT:  AT&T Alascom presentation.                                                                                 
                                                                                                                                
MARK VASCONI, Regulatory Affairs Director                                                                                       
AT&T, Alascom                                                                                                                   
210 East Bluff Drive                                                                                                            
Anchorage, Alaska  99501                                                                                                        
Telephone:  (907) 264-7122                                                                                                      
POSITION STATEMENT:  AT&T Alascom presentation.                                                                                 
                                                                                                                                
DAVE CARLSON                                                                                                                    
P.O. Box 1232                                                                                                                   
Petersberg, Alaska  99833                                                                                                       
Telephone:  (907) 772-3765                                                                                                      
POSITION STATEMENT:  Presentation on Four Dam Pool.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-12, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN BILL HUDSON called the House Special Committee on Utility                                                              
Restructuring meeting to order at 8:09 a.m.  Members present at the                                                             
call to order were Representatives Hudson, Cowdery, Porter and                                                                  
Berkowitz.  Representatives Green (alternate) and Rokeberg arrived                                                              
at 8:12 and 8:17, respectively.                                                                                                 
                                                                                                                                
APUC PROPOSED LEGISLATION                                                                                                       
                                                                                                                                
CHAIRMAN HUDSON announced the first order of business was a draft                                                               
of the APUC proposed legislation.                                                                                               
                                                                                                                                
Number 0186                                                                                                                     
                                                                                                                                
WALTER WILCOX, SR., Legislative Assistant for Representative                                                                    
Hudson, Alaska State Legislature, stated:                                                                                       
                                                                                                                                
     Generally, the new bill does two things; one, gives more power                                                             
     to the chair, and two, it requires the APUC to come before the                                                             
     legislature in annual review to evaluate their activity and                                                                
     productivity on the timeliness of their dockets and to brief                                                               
     the legislature on all of their activities for the year.                                                                   
     Section 1 is the same as before.  It's a general correction                                                                
     from "chairman" to "chair."  It also makes the chair                                                                       
     responsible for the administration of the commission and                                                                   
     commission employees; that's the same as it was in your last                                                               
     version.  Section 2 is the same as your last version.  The                                                                 
     chair rather than the commission may establish offices for the                                                             
     APUC.  Section 3, the chair rather than the commission may                                                                 
     employ temporary legal counsel.  For the chair, rather than                                                                
     the commission, may hire outside consultants and experts.                                                                  
     Section 4 will be addressed by Jim Rowe.  Section 5, in                                                                    
     addition to the annual report, the APUC will present the                                                                   
     legislature the commissions activities and timeliness of                                                                   
     docket activity for the previous year, as I mentioned.                                                                     
     Section 6 are mearly repealers.                                                                                            
                                                                                                                                
     The portion about removal ... of a commissioner was dropped,                                                               
     because if this goes on to be a two-year piece of legislation                                                              
     the question that it addresses becomes moved.  We also, as a                                                               
     request of the chair, dropped a section on having no more than                                                             
     two individual commissioners from the same party.  We also                                                                 
     decided that if the chair had the power and was functioning as                                                             
     a strong chair the descriptions of the backgrounds for the                                                                 
     commissioners would also not be a problem.                                                                                 
                                                                                                                                
                                                                                                                                
Number 0402                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY said that he doesn't think the proposed                                                                  
legislation says anything about assigning of the cases and he                                                                   
wondered if it was going to.                                                                                                    
                                                                                                                                
MR. WILCOX responded that if a strong chair is going to work they                                                               
need to be given the power and then monitored.  The more                                                                        
limitations that are put on them seems to be counter productive.                                                                
He asked Representative Cowdery what he would suggest for a change.                                                             
                                                                                                                                
REPRESENTATIVE COWDERY replied that he felt the proposed                                                                        
legislation should address who controls the agenda and the                                                                      
assignment of the cases.                                                                                                        
                                                                                                                                
Number 0472                                                                                                                     
                                                                                                                                
CHAIRMAN HUDSON wondered if in Section 1, where the chair is given                                                              
responsibility for the administration of the commission and                                                                     
commission employees, administration would include the assignment                                                               
of case loads.                                                                                                                  
                                                                                                                                
REPRESENTATIVE PORTER noted that the assignment of case loads is                                                                
one of the things that administration is intended to encompass.                                                                 
                                                                                                                                
CHAIRMAN HUDSON asked if in Section 1, line 10, the committee would                                                             
want to add, "including assignment of case loads."  He wondered                                                                 
about the correct language for that.                                                                                            
                                                                                                                                
REPRESENTATIVE BERKOWITZ asked how dockets are currently assigned                                                               
to members.                                                                                                                     
                                                                                                                                
Number 0598                                                                                                                     
                                                                                                                                
SAM COTTEN, Chair, APUC, testified via teleconference from                                                                      
Anchorage.  The chair assigns the cases to a panel, which consists                                                              
of three to five members.  The members that aren't appointed to the                                                             
panel can choose to be on it.                                                                                                   
                                                                                                                                
CHAIRMAN HUDSON asked Mr. Cotten if he had a copy of the APUC                                                                   
proposed legislation before him.                                                                                                
                                                                                                                                
MR. COTTEN replied yes.                                                                                                         
                                                                                                                                
CHAIRMAN HUDSON asked Mr. Cotten if he believes that the language                                                               
on page 1, line 9 and 10, is adequate for dealing with case loads.                                                              
                                                                                                                                
Number 0655                                                                                                                     
                                                                                                                                
MR. COTTEN said that it has never been the point of any                                                                         
controversy.                                                                                                                    
                                                                                                                                
REPRESENTATIVE COWDERY referred to the issue last year about                                                                    
political appointees for parties and explained that if it isn't                                                                 
implemented there could be a governor who appoints all of one                                                                   
party, democrat or republican.  He believes that by limiting the                                                                
political party the politicization argument would be bogus.                                                                     
                                                                                                                                
Number 0819                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER noted that in previous discussion it was                                                                  
decided that there would be no more than two members from the same                                                              
party, but took out the language that would have precluded                                                                      
consideration for non-affiliated votes.  He agreed with                                                                         
Representative Cowdery that some protection would exist with that                                                               
limitation.                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ pointed out that once the doors are opened                                                             
to partisanship they can be opened to regionalism.                                                                              
                                                                                                                                
CHAIRMAN HUDSON expressed that he feels it is a balancing act.  The                                                             
Utility Restructuring Committee is the one that should be the least                                                             
political, because it deals with constituents across the board.  He                                                             
informed the committee that he is not opposed to adding the                                                                     
language which says, "no more than two from the same party."                                                                    
                                                                                                                                
Number 0964                                                                                                                     
                                                                                                                                
MR. WILCOX pointed out that it does not include independents.  It                                                               
only includes registered parties that received more than 5 percent                                                              
of the vote in the last election.                                                                                               
                                                                                                                                
CHAIRMAN HUDSON clarified that the language already in the proposed                                                             
legislation would be the definition of, "no more than two from same                                                             
party."                                                                                                                         
                                                                                                                                
MR. WILCOX explained that if those are the committee's wishes, it                                                               
can be done.                                                                                                                    
                                                                                                                                
REPRESENTATIVE BERKOWITZ stated that it is not his wish.  He                                                                    
believes that the committee is moving in the wrong direction,                                                                   
especially with Section 6 where there is the repealer of other                                                                  
qualifications.  Someone anomalous could say that the only                                                                      
qualification is that someone not be a member of a political party.                                                             
There is no concern for engineering, law, finance and business                                                                  
administration.  He would dispute that politics is important to                                                                 
what the APUC does.                                                                                                             
                                                                                                                                
Number 1057                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER expressed that the committee would be better                                                              
served to support Representative Berkowitz's argument than to deny                                                              
it.  He stated that if the other qualifications were taken away and                                                             
there was an extremely bad governor, he could take the downtown                                                                 
republican club and appoint them to the APUC.  There should be some                                                             
protection against that happening.  If there were individual                                                                    
qualifications that needed to be met, the members of the republican                                                             
club would not meet those qualifications, but without those                                                                     
restrictions they would.                                                                                                        
                                                                                                                                
REPRESENTATIVE GREEEN concurred with Representative Porter.  If the                                                             
proposed legislation is adopted he believes that they will be                                                                   
moving away from politics as opposed to moving closer to it.  If                                                                
there ends up being a bias board, this legislation would tend to do                                                             
away with the bias.  As we move into the 21st century, the APUC                                                                 
will become one of the most important commissions that Alaska will                                                              
be dependent on, and the further from politics the better.                                                                      
                                                                                                                                
Number 1172                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ noted that he does have some concern  with                                                             
competence in regards to the commission and that there is some                                                                  
overlap with being a republican and being competent or incompetent,                                                             
but that is not the focus.  He stated that if the worry is whether                                                              
or not this is a partisan activity then the legislation should say,                                                             
"commission members shall engage in no partisan politics."  This                                                                
would force everyone to not be a member of a political party,                                                                   
making sure they don't make any campaign contributions and restrict                                                             
their rights of speech.  He suggested a possibility may be to put                                                               
the same restrictions on commission members that are put on judges.                                                             
                                                                                                                                
REPRESENTATIVE COWDERY stated that he doesn't think the commission                                                              
members could be restricted from donations; it would be                                                                         
unconstitutional.  He believes that if the language was added that                                                              
it would depoliticize it, which is what the committee is trying to                                                              
do and he would like to see the language, "no more than two members                                                             
from the same party," added to the proposed legislation.                                                                        
                                                                                                                                
REPRESENTATIVE BERKOWITZ stated that it is clear what the concern                                                               
is.  Governor Knowles, who is a democrat, may have a couple of                                                                  
vacancies and he might appoint a couple of democrats.  If he                                                                    
chooses to appoint republicans and a republican governor follows                                                                
Governor Knowles, the new governor may be put in a position of                                                                  
appointing democrats.                                                                                                           
                                                                                                                                
Number 1315                                                                                                                     
                                                                                                                                
CHAIRMAN HUDSON said that he believes the purpose is not to put                                                                 
more people from one particular party or the other on the                                                                       
commission, but to try to create a balance.  In his opinion, the                                                                
amendment is not necessarily intended to restrict anybody, instead,                                                             
all the qualifications will be taken away and the governor will be                                                              
asked to appoint five honorable people and avoid any inference of                                                               
politicizing and make sure that no more than two members are from                                                               
the same party.  He thinks it is a balancing act not necessarily a                                                              
partisan activity.                                                                                                              
                                                                                                                                
REPRESENTATIVE PORTER stated that his interest in having the                                                                    
revision has nothing to do with the current Governor.                                                                           
                                                                                                                                
REPRESENTATIVE COWDERY concurred with Representative Porter.  He                                                                
pointed out that Commissioner Jim Posey of the APUC was appointed                                                               
by the Governor and is a registered republican.                                                                                 
                                                                                                                                
CHAIRMAN HUDSON explained that the amendment will read, once                                                                    
drafted, "No more than two members of the commission may be members                                                             
of the same political party."                                                                                                   
                                                                                                                                
Number 1482                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY made a motion to adopt the amendment.                                                                    
                                                                                                                                
REPRESENTATIVE BERKOWITZ objected.  He stated that he understands                                                               
the committee's concern with partisan politics.  It is optimistic                                                               
to feel that just because there is a limitation in the political                                                                
party that partisan politics is going to be restricted from the                                                                 
commission members.  If the intent is to restrict the political                                                                 
involvement of the commission members, he suggests that a model be                                                              
adopted that is similar to the restrictions put on judges, which                                                                
precludes them from being involved in partisan politics at all.                                                                 
                                                                                                                                
REPRESENTATIVE PORTER pointed out that the model that                                                                           
Representative Berkowitz is referring to is already in place in the                                                             
Ethics Committee.  He believes that it is a bit extreme to try to                                                               
put the same restrictions on commission members that are put on                                                                 
judges.  The concern is more their action before they are appointed                                                             
to the commission; what philosophical intent the members bring to                                                               
the commission.                                                                                                                 
                                                                                                                                
REPRESENTATIVE BERKOWITZ explained that the Ethics Committee does                                                               
have certain restrictions; they can't make contributions and they                                                               
can't be involved in partisan politics.                                                                                         
                                                                                                                                
Number 1591                                                                                                                     
                                                                                                                                
CHAIRMAN HUDSON asked Representative Berkowitz if he would feel                                                                 
more comfortable if the commission was more clear about its intent.                                                             
He indicated that he does not want to treat the commission members                                                              
like judges and he thinks that the real concern is the members                                                                  
actions before they are appointed commissioners as opposed to their                                                             
political action after they are appointed.  He asked Representative                                                             
Berkowitz if his objection was still maintained.                                                                                
                                                                                                                                
REPRESENTATIVE BERKOWITZ replied yes.                                                                                           
                                                                                                                                
A roll call vote was taken.  Representatives Porter, Cowdery,                                                                   
Rokeberg, Green (alternate), and Hudson voted in favor of adopting                                                              
the amendment.  Representative Berkowitz voted against it.                                                                      
Therefore, the amendment was adopted by a vote of 5-1.                                                                          
                                                                                                                                
Number 1702                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ referred to Section 2, and wondered why                                                                
the power was being given to the chair instead of the commission in                                                             
establishing an office.                                                                                                         
                                                                                                                                
MR. WILCOX responded that the staff was directed by Chairman Hudson                                                             
to add that language.                                                                                                           
                                                                                                                                
REPRESENTATIVE BERKOWITZ presumed that the same would hold for                                                                  
Section 3 and Section 4.                                                                                                        
                                                                                                                                
MR. WILCOX replied that is correct.                                                                                             
                                                                                                                                
REPRESENTATIVE BERKOWITZ wondered what the impetus is behind the                                                                
repeal of qualifications in Section 6.                                                                                          
                                                                                                                                
CHAIRMAN HUDSON responded that Section 6 opens it up so the                                                                     
Governor and the legislature can consider citizens of sound                                                                     
judgement regardless of their background.  Given the                                                                            
professionalism of the staff and the ability of the chair and the                                                               
commission to hire proficient people that language was put into the                                                             
drafting.                                                                                                                       
                                                                                                                                
Number 1779                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ stated that the removal of a commissioner                                                              
is not a mute point even though it might not be appropriated for in                                                             
the current situation, but if another contingency occurs in the                                                                 
future it would be good to have a "removal clause."                                                                             
                                                                                                                                
MR. WILCOX responded that a "removal clause" has been discussed at                                                              
length and at this time it is probably poor public policy to aim                                                                
legislation at a particular individual.                                                                                         
                                                                                                                                
REPRESENTATIVE BERKOWITZ noted that he has never wanted to endorse                                                              
poor public policy and that's why he is in the minority.  Good                                                                  
public policy would suggest that the "removal clause" would go                                                                  
beyond the current situation.  He stressed that he specifically                                                                 
said that it does not necessarily apply to the current situation.                                                               
                                                                                                                                
CHAIRMAN HUDSON added that a number of folks have expressed their                                                               
concern about putting an amendment in that simply deals with a                                                                  
condition that is in flux.  The committee doesn't know what is                                                                  
going to happen to the commissioner that some folks believe that                                                                
we're aiming at here.  He said that for the purposes of a clean                                                                 
draft he felt it would be better to leave out the "removal clause."                                                             
The two best things in the proposed legislation is, one, the                                                                    
finality that will come from decision making and, two, hopefully                                                                
better administration by the commission with the requirement that                                                               
they come before the legislature every year.                                                                                    
                                                                                                                                
Number 1921                                                                                                                     
                                                                                                                                
JIM ROWE, Executive Director, Alaska Telephone Association (ATA),                                                               
expressed concern with page 2, line 17, Section 4, subsection (b),                                                              
where the chair is given the power to decide if there needs to be                                                               
services of consultants.  Overall the draft looks good, but                                                                     
subsection (b) brings up some concerns.  He suggests on line 19                                                                 
where commissioner has been eliminated and chair has been added,                                                                
perhaps to reverse that, so the commission decides if it's                                                                      
necessary and then consults the chair.  A few reasons for this is,                                                              
one, the monetary cost for hiring a consultant, which is of less                                                                
importance, and two, if only the chair gets to decide then too much                                                             
weight is being put on the chair and not on the commission.                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Rowe if his intention is to soften                                                               
the potential dictatorial position of the chair of the commission.                                                              
                                                                                                                                
MR. ROWE responded that he would not go so far as to say                                                                        
dictatorial, but he thinks what is being looked for is a commission                                                             
decision.                                                                                                                       
                                                                                                                                
Number 2138                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG noted that a couple of issues are not in                                                                
the draft, such as the employment of non-Department of Law                                                                      
attorneys.  He wondered if ATA's working group would look over                                                                  
things like that.                                                                                                               
                                                                                                                                
MR. ROWE replied yes.                                                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG wondered if there was the issue of                                                                      
commissioners being provided staff that are independent from the                                                                
commission.                                                                                                                     
                                                                                                                                
MR. ROWE replied that there is, and he would like to see various                                                                
members of industry working these issues out.                                                                                   
                                                                                                                                
CHAIRMAN HUDSON clarified that what Mr. Rowe was suggesting was to                                                              
eliminate chair from line 19 and reinstate commission, which would                                                              
provide the management and contractual responsibilities to the                                                                  
chair, but the discretionary decision making to the commission.  He                                                             
said that he agrees with that concept, because we want the                                                                      
commission to be an independent body.  If the committee feels                                                                   
comfortable with the change, he suggests that the final draft be                                                                
changed accordingly.                                                                                                            
                                                                                                                                
Number 2266                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER suggested that they add on the political                                                                  
party section that a person may not be appointed or reappointed to                                                              
the commission for one year after changing political party                                                                      
membership.                                                                                                                     
                                                                                                                                
MR. WILCOX said that he has that language and it can be added.                                                                  
                                                                                                                                
CHAIRMAN HUDSON agreed.                                                                                                         
                                                                                                                                
AT&T PRESENTATION                                                                                                               
                                                                                                                                
Number 2348                                                                                                                     
                                                                                                                                
TOM POSEY, President, American Telephone & Telegraph (AT&T),                                                                    
Alascom, read his testimony into the record, as follows:                                                                        
                                                                                                                                
     Good morning, Mr. Chairman and members of the committee.  My                                                               
     name is Tom Posey, and I am the President of AT&T Alascom,                                                                 
     which is the AT&T subsidiary providing telecommunications                                                                  
     service in Alaska.  I want to thank you for allowing AT&T                                                                  
     Alascom to address the committee today.                                                                                    
                                                                                                                                
     I have been in the telecom industry for 17 years and have been                                                             
     with AT&T Alascom since September 1998 as a Vice President and                                                             
     took over the reigns as President in January 1999.                                                                         
                                                                                                                                
     Today, I will give a brief "State of the Business" at AT&T                                                                 
     Alascom and then Mark Vasconi, our Director of Regulatory                                                                  
     Affairs will provide further testimony on access charges and                                                               
     competition in the provision of local telephone services.                                                                  
                                                                                                                                
     AT&T Alascom currently employs 482 people and has                                                                          
     responsibility for serving residential and business markets,                                                               
     plus we operate the most distributed network in Alaska.  We                                                                
     are the only carrier in the state required to service all                                                                  
     locations in the state with 25 or more customers.  Our                                                                     
     backbone network consists of: fiber optics, terrestrial radio,                                                             
     and a satellite network with more than 200 earth stations.                                                                 
                                                                                                                                
     From the time AT&T purchased Alascom in 1995 through the end                                                               
     of this year, we have invested over $198 million dollars in                                                                
     capital improvements to our network in the State of Alaska.                                                                
     Some examples of these improvements include:                                                                               
                                                                                                                                
     A new "4E" switch.  This switch provides the basic platform                                                                
     for all AT&T services.  The "4E" circuit switch allows Alaska                                                              
     to become part of the AT&T Global Network.  It also supports                                                               
     disaster recovery, long range planning and feature upgrades as                                                             
     part of the AT&T Global Network.  The normal duration for a                                                                
     project of this scope is about two years, but we did it in                                                                 
     just eight months.                                                                                                         
                                                                                                                                
     Digitization of the Bush Network.  Digitization of the Bush is                                                             
     a multiple year project which AT&T Alascom began in 1996, and                                                              
     which we plan to complete by the end of the year 2000.                                                                     
                                                                                                                                
     When AT&T purchased Alascom in 1995, equipment and technology                                                              
     in the Alaska Bush was nearly 20 years old.  Replacement parts                                                             
     were becoming scarce.  Because analog services are nosier than                                                             
     digital equivalents, customers were expressing interest in                                                                 
     digital services.  AT&T Alascom was unable to provide the                                                                  
     desired digital services over the network that existed at the                                                              
     time, and thus plans were made to digitize the Alaska Bush.                                                                
                                                                                                                                
     Digitization of the Bush is a multifaceted plan that involves                                                              
     network improvements both for terrestrial and satellite                                                                    
     routes.  Digitization of terrestrial routes involves                                                                       
     replacement of analog equipment with digital equipment.                                                                    
     Digitization of satellite-dependent routes includes the                                                                    
     deployment of a relatively new technology, Demand Assigned                                                                 
     Multiple Access, or DAMA, at many Alaskan locations.                                                                       
                                                                                                                                
     DAMA technology provides numerous benefits to our customers in                                                             
     the Bush.  The technology reduces the number of times a call                                                               
     must be routed up to the satellite from 2 times to 1.  the                                                                 
     elimination of this "double satellite hop" reduces the delay                                                               
     experienced during the voice conversation, or switched data                                                                
     circuit connection.                                                                                                        
                                                                                                                                
     DAMA technology also improves the quality of the transmission                                                              
     by reducing noise, improving the echo control and by                                                                       
     supporting many FAX and dial up data calls at higher                                                                       
     transmission rates.  DAMA provides for more efficient                                                                      
     transponder utilization, reducing overall cost.                                                                            
                                                                                                                                
     Although, as mentioned before, Bush Digitization is a multi                                                                
     year project, the vast majority of sites will be upgraded by                                                               
     the end of this year.  The remaining sites are scheduled for                                                               
     upgrade in the year 2000.                                                                                                  
                                                                                                                                
     The result of AT&T Alascom's Bush Digitization project                                                                     
     ultimately comes down to this:  improved quality of service;                                                               
     and more and better services for Alaska consumers.                                                                         
                                                                                                                                
     New satellite replacement of Aurora II in 2001.  As I am sure                                                              
     you are all aware, the satellite is a critical element                                                                     
     necessary to preserve Universal Service to Bush Alaska.  The                                                               
     primary reason for the replacement of Aurora II is it is                                                                   
     approaching end of service life.  In order to offer continued                                                              
     universal service to Bush Alaska, the Aurora II replacement                                                                
     will be deployed in 2001.                                                                                                  
                                                                                                                                
     So what does this all mean to the State?  The essence of the                                                               
     investments AT&T Alascom has made over the past four years is                                                              
     about our customers.  We will continue to provide and invest                                                               
     in a new generation of universal communications services that                                                              
     put our customers in touch with the people or information they                                                             
     need, want and at a competitive price.  Competition works.                                                                 
                                                                                                                                
     Speaking of competition, I would like to take a few minutes to                                                             
     talk about the changing face of competition and                                                                            
     facilities-based competitors in Alaska.                                                                                    
                                                                                                                                
     AT&T Alascom has fully supported facilities-based competition                                                              
     in all locations because we believe we can be competitive                                                                  
     based on our offer set and what customers will perceive as our                                                             
     value to them.                                                                                                             
                                                                                                                                
     In the last year, fiber optic capacity within Alaska and to                                                                
     the Lower 48 has increased dramatically with more scheduled to                                                             
     come on line.  AT&T Alascom supports this capacity expansion                                                               
     and the new services that may utilize it.  All of this has                                                                 
     occurred in a competitive marketplace.                                                                                     
                                                                                                                                
     When the Legislature considers competition in local markets,                                                               
     we believe that good lessons can be learned from competition                                                               
     in long distance.  That is, more capacity and lower prices                                                                 
     have resulted from this competitive landscape.  In a                                                                       
     competitive environment, the winner is chosen based on their                                                               
     offers and efforts, not based on a regulation that prohibits                                                               
     competition.                                                                                                               
                                                                                                                                
TAPE 99-12, SIDE B                                                                                                              
Number 2330                                                                                                                     
                                                                                                                                
MARK VASCONI, Regulatory Affairs Director, AT&T Alascom, read his                                                               
testimony into the record, as follows:                                                                                          
                                                                                                                                
     Thank you Tom, and good morning Mr. Chairman and members of                                                                
     the committee.  I would like to talk this morning about access                                                             
     charges and competition in the provision of local services                                                                 
     from the standpoint of what these mean to consumers and AT&T                                                               
     Alascom.  As you might know, long distance carriers pay for                                                                
     the use of local telephone companies' networks, to originate                                                               
     or terminate long distance calls.  these so-called access                                                                  
     charges are a major part of the costs of long distance calls                                                               
     and can be reduced either by further regulatory initiative or                                                              
     the institution of local service competition.  To the extent                                                               
     that access costs drop, consumers will benefit as competition                                                              
     in long distance (LD) will force LD rates for consumers to                                                                 
     drop.  We think that these issues are important for the                                                                    
     legislature to understand as they will ultimately affect the                                                               
     bills paid by consumers.                                                                                                   
                                                                                                                                
     As the largest long distance carrier in Alaska, in 1998, AT&T                                                              
     Alascom paid Local Exchange Carriers (LECs) in Alaska                                                                      
     approximately $39 million to use their networks to complete                                                                
     in-state long distance calls.  AT&T Alascom's total revenues                                                               
     from in-state services were roughly $61 million; in other                                                                  
     words, approximately 64 percent of AT&T Alascom's in-state                                                                 
     revenues went to pay for the use of Local Exchange Carriers'                                                               
     networks.  In order to put these numbers into perspective,                                                                 
     local access charges translate roughly into fourteen and                                                                   
     a-half cents per minute for each and every in-state long                                                                   
     distance phone call versus a national average of just over                                                                 
     five cents.  At approximately 14.5 cents per minute, access                                                                
     charges in Alaska are among the highest in the nation.  Sates                                                              
     such as Montana, Utah and Wyoming all have lower access rates                                                              
     yet, like LECs in Alaska, LECs in those states must cope with                                                              
     issues of relatively low subscriber densities and long                                                                     
     distances between locations.  The access charges in Alaska are                                                             
     clearly higher than national averages and higher than those in                                                             
     states with low population densities and heavy reliance on                                                                 
     long distance calling.                                                                                                     
                                                                                                                                
     Not only have access charges been high in Alaska, they have                                                                
     exhibited very little downward movement while competition in                                                               
     the long distance market has steadily been dropping rates                                                                  
     (See Chart 1 showing comparison of ARPM with access costs).                                                                
     As you can see, since 1995 when AT&T purchased Alascom, the                                                                
     Average Revenue per Minute (ARPM) has been on a steady                                                                     
     decline.  In 1995 AT&T Alascom's ARPM was at 29 cents; by 1998                                                             
     it had dropped to 21 cents.  That's a decrease of 27 percent                                                               
     and that is exactly what you'd expect from the workings of a                                                               
     competitive marketplace.  Aside from the conclusions that one                                                              
     can draw on the level of competition in the LD market, the                                                                 
     chart also shows that per minute access costs have been flat                                                               
     and are effectively placing an absolute floor on how low LD                                                                
     prices can go.  Presently, AT&T Alascom is offering Optional                                                               
     Calling Plans (OCPs) that have specific in-state rates that                                                                
     are as low as 15 cents per minute with no associated monthly                                                               
     recurring charge - it is impossible for AT&T Alascom or any                                                                
     other rational competitor to justify any lower priced OCPs                                                                 
     when the margin between access costs and rates is less than a                                                              
     penny.  I also want to stress that the fall in LD prices                                                                   
     occurred prior to the implementation of any statewide access                                                               
     reform.  The workings of the competitive marketplace for LD                                                                
     services provided these savings to consumers in an environment                                                             
     of high access charges that have historically exhibited little                                                             
     if any downward price movement.  As access rates decline, the                                                              
     workings of the competitive LD market will inevitably result                                                               
     in even more reductions in rates.                                                                                          
                                                                                                                                
     While the APUC needs to continue examining access charges, it                                                              
     is our guess that substantial reductions in access charges                                                                 
     will not occur until competition provides alternative access                                                               
     to local customers.  In fact, to the extent that LECs try to                                                               
     maintain access charges above their true economic costs, they                                                              
     will deny further benefits of lower long distance prices to                                                                
     end users and they also serve as a disincentive for Long                                                                   
     Distance companies to invest in Alaska.                                                                                    
                                                                                                                                
     In order to understand where we need to go, its important to                                                               
     understand something about how Local Exchange Carriers have                                                                
     traditionally recovered their costs.  Local Companies                                                                      
     historically had three sources of revenue:  (1) charges for                                                                
     local service; (2) charges for access service (which has                                                                   
     hidden subsidies); and (3) explicit payments from the federal                                                              
     Universal Service Fund.  This system was designed to foster                                                                
     healthy LECs by ensuring that these three sources of revenue                                                               
     gave a LEC a reasonable opportunity to recover its expenses                                                                
     plus a reasonable rate of return.  The current system is also                                                              
     designed to provide affordable universal service.  This                                                                    
     present system features high subsidies, high costs and low                                                                 
     local rates.                                                                                                               
                                                                                                                                
     This system is economically unsound because it was designed to                                                             
     achieve social, not economic goals.  When all facets of the                                                                
     telecommunications industry were organized around the                                                                      
     principles of monopoly markets, it was a fairly easy chore for                                                             
     regulators to require business users to subsidize residential                                                              
     users and Long Distance service to subsidize local service.                                                                
     If anyone paid a rate equal to cost it as merely a                                                                         
     coincidence.                                                                                                               
                                                                                                                                
     As long as the primary goal of telecom policy was universal                                                                
     service in a monopoly environment, the internal subsidies were                                                             
     successfully managed through regulation.  Regulators designed                                                              
     a system of hidden subsidies that supported both local and                                                                 
     long distance services.  Alaskans, both rural and urban, were                                                              
     major beneficiaries of this policy.  So was Alascom.  After                                                                
     all, prior to AT&T's purchase of the company Alascom received                                                              
     an annual subsidy of approximately $100 million to keep                                                                    
     interstate Long Distance rates affordable to all Alaskans.                                                                 
     Since the advent of AT&T's purchase, the subsidy is no longer                                                              
     there, but universal toll service has continued, and                                                                       
     competition has extended itself to more and more locations in                                                              
     Alaska.                                                                                                                    
                                                                                                                                
     While Universal Service goals have not changed, the tools for                                                              
     insuring it must.  With competition in the long distance                                                                   
     industry, prices and margins have dropped to the point that it                                                             
     is becoming more difficult for Long Distance carriers to                                                                   
     provide support for Universal Service through the mechanism of                                                             
     hidden subsidies which have historically been paid by long                                                                 
     distance companies in the form of high access charges.  Other                                                              
     mechanisms, as well as other market structure policies have to                                                             
     be implemented in order to insure that Universal Service goals                                                             
     are met.                                                                                                                   
                                                                                                                                
     First, the APUC and its Staff should continue efforts begun                                                                
     last year that identify hidden subsidies in access charges.                                                                
     Once these subsidies are "smoked out" of rates, the APUC needs                                                             
     to examine them in light of what is actually required to                                                                   
     preserve Universal Service.  As an example, last year the APUC                                                             
     identified approximately $3.8 million of costs that were moved                                                             
     out of access charges and into an Alaska Universal Service                                                                 
     Fund.  This $3.8 million was seen as a hidden subsidy that was                                                             
     used to support switching costs for 9 of the 22 LECs operating                                                             
     in Alaska.  In an effort to examine if the entire 3.8 million                                                              
     is needed to support Universal Services, the APUC on March 23                                                              
     took up a Staff recommendation to begin an inquiry into the                                                                
     necessity of any or all of the $3.8 million.  This inquiry                                                                 
     will need to consider the affordability of local phone service                                                             
     without the subsidy as well as the financial position of local                                                             
     exchange carriers.  At this point it is premature to make any                                                              
     conclusions as to whether the switching subsidy is or is not                                                               
     required but we think that continued investigation by the APUC                                                             
     is critical.  Investigation should also continue with respect                                                              
     to other subsidies that remain hidden in access charges.                                                                   
                                                                                                                                
     Second, while it's important for the APUC to continue its                                                                  
     investigation of subsidies found in access charges, the                                                                    
     legislature and the APUC need to promote the development of                                                                
     the ultimate access reform measure and that is allowing                                                                    
     competition in local markets.  Competition in local markets                                                                
     will ultimately take a number of forms ranging from mere                                                                   
     resale of existing services, to the introduction of wireless                                                               
     technology, new wireline infrastructure or even Internet-based                                                             
     telephony.  All of these developments will require                                                                         
     participants in the industry to adapt.  While I listened to                                                                
     Mr. Rhyner's testimony last month I was struck by the static                                                               
     quality of his analysis.  In an example that Mr. Rhyner                                                                    
     presented, potential competition in Fairbanks would force                                                                  
     rates to increase to $27 from $16.  This would indeed happen                                                               
     if the costs of the business were to stay the same and if                                                                  
     monopoly concepts of pricing were to continue.  However, with                                                              
     competition, monopoly concepts of "revenue requirement" that                                                               
     allow for the recovery of investments and expenses plus a                                                                  
     return (so-called cost-plus) are replaced by market-based                                                                  
     concepts that force a firm to reduce costs through expense                                                                 
     reductions or even mergers in order to position themselves to                                                              
     meet the prices quoted by a new competitor.  In short,                                                                     
     competition forces changes and reactions that are not                                                                      
     incorporated by Mr. Rhyner's analysis.                                                                                     
                                                                                                                                
     Therefore, in summary, we believe that the APUC needs to                                                                   
     continue its efforts to "smoke out" subsidies that have been                                                               
     embedded in access charges and then work to examine if the                                                                 
     subsidies are indeed needed to promote Universal Service.                                                                  
     Second, to the extent that subsidies are needed they should be                                                             
     correctly sized, distributed to those who need them most and                                                               
     most importantly, collected from all telecom providers, not                                                                
     just the long distance carriers who are required to pay access                                                             
     charges.  Last, the legislature and the APUC should move to                                                                
     allow competitive entry into local exchange markets.  Through                                                              
     competition we have seen prices for LD services drop and the                                                               
     limited experience we have in Anchorage with local service                                                                 
     competition suggests that we will see service expansion and                                                                
     lower rates when competitive entry is allowed.  These changes                                                              
     will result in lower prices to consumers for local services                                                                
     and will enable the competitive long distance market to                                                                    
     continue offering services to customers at affordable prices.                                                              
                                                                                                                                
     I'd like to close by thanking the legislature for allowing us                                                              
     to address these issues and for your previous work on                                                                      
     promoting competition in the long distance market.  We think                                                               
     there will be substantial benefits by extending the                                                                        
     competitive model to local service markets.  We'd be glad to                                                               
     answer any questions you might have.                                                                                       
                                                                                                                                
FOUR DAM POOL                                                                                                                   
                                                                                                                                
                                                                                                                                
Number 0270                                                                                                                     
                                                                                                                                
DAVE CARLSON testified on behalf of the Four Dam Pool and clarified                                                             
that he is currently not the vice-chair of the Project Management                                                               
Committee, but a member with possibly the longest tenure.  He                                                                   
stated that he was on the Petersburg City Council during the Tyee                                                               
Lake project and was involved during the power sales negotiations                                                               
and is still involved.  He discussed a history of the Four Dam Pool                                                             
and how it works and also divestiture and restructuring.  The                                                                   
report titled, "Project Management Committee", gave a overview of                                                               
the Four Dam Pool Project.  The introduction read as follows:                                                                   
                                                                                                                                
     Following the dramatic increase in oil prices in 1979-1980,                                                                
     the State was in a financial position to pump massive amounts                                                              
     of money into the development of energy projects.                                                                          
                                                                                                                                
     During the early 1980s, the Alaska Energy Authority                                                                        
     constructed or acquired four projects - Tyee Lake, Terror                                                                  
     Lake, Swan Lake, and Solomon Gulch.  The costs for                                                                         
     constructing or acquiring the projects was initially paid by                                                               
     bond financing.  Eventually, the bonds were replaced with                                                                  
     money lent to the Authority by the Department of Commerce and                                                              
     Economic Development, from the Power Development Revolving                                                                 
     Loan Fund.                                                                                                                 
                                                                                                                                
     In an effort to equalize power costs for the communities                                                                   
     served by the four projects, the Alaska legislature provided                                                               
     that these four projects would be considered as one project -                                                              
     the Initial Project.  Together they would be operated and                                                                  
     managed jointly and the wholesale power rate for power sales                                                               
     would be the same for all four projects.                                                                                   
                                                                                                                                
     Between May and October of 1985, the parties engaged in                                                                    
     intense negotiations.  The Memorandum of Understanding between                                                             
     the Authority and the Representatives of the Four Dam Pool                                                                 
     communities (signed on May 8, 1985), forged the basic tenets                                                               
     of what was to become the Long-term Power Sales Agreement for                                                              
     the Four Dam Pool.                                                                                                         
                                                                                                                                
TAPE 99-13, SIDE A                                                                                                              
Number 0931                                                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
CHAIRMAN HUDSON adjourned the House Special Committee on Utility                                                                
Restructuring meeting at 9:55 a.m.                                                                                              
                                                                                                                                

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