00 CS FOR SENATE BILL NO. 52(FIN) am 01 "An Act relating to competition in the provision of local exchange telephone 02 service; relating to fair and equal access to cable television utility services and 03 facilities; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 42.05.711(k) is amended to read: 06  (k) A utility that furnishes cable television service in areas which have not 07 been opened to local telephone competition by the commission under 47 U.S.C. 08 251 is exempt from the provisions of this chapter other than AS 42.05.221 - 42.05.281, 09 in those service areas only, unless the subscribers petition the commission for 10 regulation under the procedure described in AS 42.05.712. 11 * Sec. 2. The Alaska Public Utilities Commission shall, on or before January 1, 2000, 12 promulgate, issue, and implement regulations governing equal access to the services 13 and facilities of cable television utilities. These regulations shall include provision 14 requiring interconnection, collocation of facilities and resale of services and facilities 01 on a wholesale and unbundled basis. 02 * Sec. 3. The Alaska Public Utilities Commission shall, on or before January 1, 2000, 03 promulgate, issue, and implement regulations requiring the establishment tariffs for, 04 and governing the establishment of, prices charged by cable television utilities for the 05 provision of service, interconnection, collocation of facilities, resale of services and 06 facilities on a wholesale and unbundled basis. 07 * Sec. 4. All cable television utilities shall file tariffs in conformity with the regulations 08 issued pursuant to the Act within thirty days of the regulations being issued. 09 * Sec. 5. AS 42.05 is amended by adding a new section to read: 10  Sec. 42.05.870. Competition in local exchange service. (a) The legislature 11 finds that 12  (1) modern, affordable, efficient, and universally available local and 13 long distance telephone service is essential to the people of the state; 14  (2) local exchange telephone service should be provided competitively 15 wherever possible; 16  (3) technological advances, reduced costs, and increased consumer 17 choices for local exchange telephone service, resulting from the adoption of an 18 appropriate competitive market structure, will enhance the state's economic 19 development; 20  (4) the benefits of competition in local exchange telephone service 21 should be available to consumers throughout the state; 22  (5) the commission should oversee competition in local exchange 23 telephone service to ensure that the competition is fair to consumers and competitors; 24  (6) the commission should provide for competition in a timely manner 25 and should adopt regulations that eliminate impediments to entry for local exchange 26 carriers fit, willing, and able to provide service. 27  (b) By July 1, 1999, the commission shall adopt 28  (1) regulations ensuring universal service and providing for access 29 charges that are compatible with full competition in the provision of local exchange 30 telephone service using all methods allowed by 47 U.S.C. 251 - 276 31 (Telecommunications Act of 1996) and in full compliance with 47 U.S.C. 251(f)(1)(B); 01 and 02  (2) any further regulations necessary to allow and promote local 03 exchange competition, using all methods allowed by 47 U.S.C. 251 - 276 04 (Telecommunications Act of 1996), in the service areas of all local exchange carriers 05 that served 25,000 or more access lines on January 1, 1999, other than the service 06 areas of telephone cooperatives. 07  (c) The commission shall approve or deny applications to provide competitive 08 local exchange telephone service within 90 days after the filing of a complete 09 application and, except for applications to provide competitive local exchange 10 telephone service in the service area of a telephone cooperative, shall consider 11 competitive local exchange telephone service to be a service required for the 12 convenience and necessity of the public under AS 42.05.241. The commission shall 13 approve an application on a finding that the applicant is fit, willing, and able to 14 provide the service. In accordance with 47 U.S.C. 253(f), the commission may require 15 the applicant to offer service throughout the study area of the existing local exchange 16 telephone utility. If the commission fails to approve or deny an application, other than 17 an application to provide competitive local exchange telephone service in the service 18 area of a telephone cooperative, within 90 days after the commission has received a 19 complete application, the application is considered approved. 20  (d) A local exchange telephone company, other than a municipally-owned local 21 exchange telephone company, that is exempted in whole or in part from complying 22 with all or a portion of this chapter may not be regulated by a municipality under 23 AS 29.35.060 or 29.35.070. 24 * Sec. 6. AS 42.05.870(b) is amended to read: 25  (b) By July 1, 1999, the commission shall adopt 26  (1) regulations ensuring universal service and providing for access 27 charges that are compatible with full competition in the provision of local exchange 28 telephone service using all methods allowed by 47 U.S.C. 251 - 276 29 (Telecommunications Act of 1996) and in full compliance with 47 U.S.C. 251(f)(1)(B); 30 and 31  (2) any further regulations necessary to allow and promote local 01 exchange competition, using all methods allowed by 47 U.S.C. 251 - 276 02 (Telecommunications Act of 1996), in the service areas of all local exchange carriers 03 that served 25,000 or more access lines on January 1, 1999 [, OTHER THAN THE 04 SERVICE AREAS OF TELEPHONE COOPERATIVES]. 05 * Sec. 7. AS 42.05.870(c) is amended to read: 06  (c) The commission shall approve or deny applications to provide competitive 07 local exchange telephone service within 90 days after the filing of a complete 08 application and [, EXCEPT FOR APPLICATIONS TO PROVIDE COMPETITIVE 09 LOCAL EXCHANGE TELEPHONE SERVICE IN THE SERVICE AREA OF A 10 TELEPHONE COOPERATIVE,] shall consider competitive local exchange telephone 11 service to be a service required for the convenience and necessity of the public under 12 AS 42.05.241. The commission shall approve an application on a finding that the 13 applicant is fit, willing, and able to provide the service. In accordance with 47 U.S.C. 14 253(f), the commission may require the applicant to offer service throughout the study 15 area of the existing local exchange telephone utility. If the commission fails to 16 approve or deny an application [, OTHER THAN AN APPLICATION TO PROVIDE 17 COMPETITIVE LOCAL EXCHANGE TELEPHONE SERVICE IN THE SERVICE 18 AREA OF A TELEPHONE COOPERATIVE,] within 90 days after the commission 19 has received a complete application, the application is considered approved. 20 * Sec. 8. (a) Section 1 of this Act takes effect immediately under AS 01.10.070(c). 21  (b) Sections 2 and 3 of this Act take effect on the date two years after the day 22 sec. 1 of this Act takes effect.