Legislature(1999 - 2000)
1999-05-14 Senate Journal
Full Journal pdf1999-05-14 Senate Journal Page 1462 SB 52 SENATE BILL NO. 52 An Act relating to competition in the provision of local exchange telephone service; and providing for an effective date was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 914. Without objection, CS FOR SENATE BILL NO. 52(FIN) was adopted and read the second time. Senator Mackie moved and asked unanimous consent that Senator Pearce be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Pearce was required to vote. Senators Miller, Pete Kelly moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senators Miller, Pete Kelly were required to vote. Amendment No. 1 was not offered. Senator Halford offered Amendment No. 2 : 1999-05-14 Senate Journal Page 1463 SB 52 Page 1, line 2, after the word service; insert: relating to fair and equal access to cable television utility services and facilities; Page 1, line 4, insert: * Section. 1. AS 42.05.711(k) is amended to read: A utility that furnishes cable television service in areas which have not been opened to local telephone competition by the Commission under 47 U.S.C. 251 is exempt from the provision of this chapter other than AS 42.05.221 - 42.05.281, in those service areas only, unless the subscribers petition the Commission for regulation under the procedure described in AS 42.05.712. * Sec. 2. The Alaska Public Utilities Commission shall, on or before January 1, 2000, promulgate, issue and implement regulations governing equal access to the services and facilities of cable television utilities. These regulations shall include provision requiring interconnection, collocation of facilities and resale of services and facilities on a wholesale and unbundled basis. * Sec. 3. The Alaska Public Utilities Commission shall, on or before January 1, 2000, promulgate, issue and implement regulations requiring the establishment tariffs for, and governing the establishment of, prices charged by cable television utilities for the provision of service, interconnection, collocation of facilities, resale of services and facilities on a wholesale and unbundled basis. * Sec. 4. All cable television utilities shall file tariffs in conformity with the regulations issued pursuant to the Act within thirty days of the regulations being issued. Renumber the remaining sections. Senator Halford moved for the adoption of Amendment No. 2. Objections were heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1999-05-14 Senate Journal Page 1464 SB 52 CSSB 52(FIN) Second Reading Amendment No. 2 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Green, Halford, Hoffman, Lincoln, Miller, Pearce, Phillips, Taylor, Ward Nays: Donley, Kelly Pete, Kelly Tim, Leman, Mackie, Parnell, Torgerson, Wilken and so, Amendment No. 2 was adopted. Senator Halford offered Amendment No. 3 : Page 3, line 13: Delete that served 25,000 or more access lines on January 1, 1999. Senator Halford moved for the adoption of Amendment No. 3. Senator Pete Kelly objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 52(FIN) am Second Reading Amendment No. 3 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Green, Halford, Phillips, Taylor, Ward Nays: Donley, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Torgerson, Wilken and so, Amendment No. 3 failed. 1999-05-14 Senate Journal Page 1465 SB 52 Senator Pete Kelly offered Amendment No. 4 : Page 2, lines 9 - 12: Delete "(1) regulations ensuring universal service and providing for access charges that are compatible with full competition in the provision of local exchange telephone service using all methods allowed by 47 U.S.C. 251 - 276 (Telecommunications Act of 1996); and" Insert "(1) regulations ensuring universal service and providing for access charges that are compatible with full competition in the provision of local exchange telephone service using all methods allowed by 47 U.S.C. 251 - 276 (Telecommunications Act of 1996) and in full compliance with 47 U.S.C. 251(f)(1)(B); and" Page 3, lines 6 - 9: Delete "(1) regulations ensuring universal service and providing for access charges that are compatible with full competition in the provision of local exchange telephone service using all methods allowed by 47 U.S.C. 251 - 276 (Telecommunications Act of 1996); and" Insert "(1) regulations ensuring universal service and providing for access charges that are compatible with full competition in the provision of local exchange telephone service using all methods allowed by 47 U.S.C. 251 - 276 (Telecommunications Act of 1996) and in full compliance with 47 U.S.C. 251(f)(1)(B); and" Senator Pete Kelly moved for the adoption of Amendment No. 4. Senator Halford objected, then withdrew his objection. There being no further objections, Amendment No. 4 was adopted. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. 1999-05-14 Senate Journal Page 1466 SB 52 The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSSB 52(FIN) am Advance from Second to Third Reading? YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken Nays: Adams, Ellis, Elton, Lincoln, Taylor, Ward and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 52(FIN) am will appear on the May 15 calendar.