00CS FOR SENATE BILL NO. 52(L&C)                                                                                        
01 "An Act relating to competition in the provision of local exchange telephone                                            
02 service; and providing for an effective date."                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 42.05 is amended by adding a new section to read:                                                 
05  Sec. 42.05.870.  Competition in local exchange service.  (a)  The legislature                                       
06 finds that                                                                                                              
07   (1)  modern, affordable, efficient, and universally available local and                                              
08 long distance telephone service is essential to the people of the state;                                                
09   (2)  local exchange telephone service should be provided competitively                                               
10 wherever possible;                                                                                                      
11   (3)  technological advances, reduced costs, and increased consumer                                                   
12 choices for local exchange telephone service, resulting from the adoption of an                                         
13 appropriate competitive market structure, will enhance the state's economic                                             
14 development;                                                                                                            

01   (4)  the benefits of competition in local exchange telephone service                                                 
02 should be available to consumers throughout the state;                                                                  
03   (5)  the commission should oversee competition in local exchange                                                     
04 telephone service to ensure that the competition is fair to consumers and competitors;                                  
05   (6)  the commission should provide for competition in a timely manner                                                
06 and should adopt regulations that eliminate impediments to entry for local exchange                                     
07 carriers fit, willing, and able to provide service.                                                                     
08  (b)  By July 1, 1999, the commission shall adopt                                                                      
09   (1)  regulations ensuring universal service and providing for access                                                 
10 charges that are compatible with full competition in the provision of local exchange                                    
11 telephone service using all methods allowed by 47 U.S.C. 251 - 276                                                      
12 (Telecommunications Act of 1996); and                                                                                   
13   (2)  any further regulations necessary to allow and promote local                                                    
14 exchange competition, using all methods allowed by 47 U.S.C. 251 - 276                                                  
15 (Telecommunications Act of 1996), in the service areas of all local exchange carriers                                   
16 that served 25,000 or more access lines on January 1, 1999.                                                             
17  (c)  The commission shall approve or deny applications to provide competitive                                         
18 local exchange telephone service within 90 days after the filing of a complete                                          
19 application and shall consider competitive local exchange telephone service to be a                                     
20 service required for the convenience and necessity of the public under AS 42.05.241.                                    
21 The commission shall approve an application on a finding that the applicant is fit,                                     
22 willing, and able to provide the service.  In accordance with 47 U.S.C. 253(f), the                                     
23 commission may require the applicant to offer service throughout the study area of the                                  
24 existing local exchange telephone utility.  If the commission fails to approve or deny                                  
25 an application within 90 days after the commission has received a complete                                              
26 application, the application is considered approved.                                                                    
27  (d)  A local exchange telephone company, other than a municipally-owned local                                         
28 exchange telephone company, that is exempted in whole or in part from complying                                         
29 with all or a portion of this chapter may not be regulated by a municipality under                                      
30 AS 29.35.060 or 29.35.070.                                                                                              
31    * Sec. 2.  This Act takes effect immediately under AS 01.10.070(c).