Legislature(2003 - 2004)
2003-05-18 House Journal
Full Journal pdf2003-05-18 House Journal Page 1871 HB 106 The following, which was advanced to third reading from the May 17, 2003, calendar (page 1814), was read the third time: CS FOR HOUSE BILL NO. 106(JUD) "An Act relating to retail tariffing standards in a competitive local exchange service area; and to exemptions from retail tariff filing requirements and certain other provisions in competitive telecommunications markets; setting a policy regarding unbundled network elements in the telecommunications market; relating to depreciation expense rates for certain telecommunications utilities; requiring the Regulatory Commission of Alaska to conduct an investigation, take certain actions, withhold certain actions, and issue a report; and providing for an effective date." The following fiscal note was submitted by the Judiciary Committee: 1. Zero, Dept. of Community & Economic Development The Speaker stated that, without objection, the rules would be suspended and the bill would be returned to second reading for all amendments. Amendment No. 1 was offered by Representative Gara: Page 1, line 13, following "carrier": Insert "in areas where the commission has determined there is competition among carriers" 2003-05-18 House Journal Page 1872 Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Croft objected. Amendment to Amendment No. 1 was offered by Representative McGuire: Following "carriers.": Insert "Barring infeasibility, the commission shall provide for expedited consideration as to competition among carriers." Representative McGuire moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Croft withdrew the objection. There being no further objection, Amendment No. 1 as amended was adopted. Amendment No. 2 was offered by Representative Gara: Page 1, line 2 (title amendment): Delete "; and to exemptions from retail tariff filing requirements and" Insert ", and to" Page 2, line 3: Delete "new sections" Insert "a new section" Page 2, line 4, through page 3, line 1: Delete all material. Page 3, line 3: Delete "(a)" Page 3, lines 20 - 21: Delete all material. Page 3, following line 31: Insert a new bill section to read: 2003-05-18 House Journal Page 1873 "* Sec. 4. AS 42.05.990 is amended by adding new paragraphs to read: (9) "competitive service area" means an area served by a local exchange carrier in which at least 50 percent of all retail customers have a choice of facilities-based service providers; the area may be (A) the entire service area; or (B) if the entire service area is not competitive, specifically identified communities within the service area that are competitive; (10) "facilities-based service provider" means a telephone utility that offers a portion of its products and services by means of facilities it owns and operates or by means of facilities and unbundled network elements it leases from another provider, or any combination of facilities owned and leased; (11) "network element" means a facility or equipment used in the provision of a telecommunications service; (12) "retail" means services or products sold directly to the actual user of the services or products; (13) "unbundled" has the meaning given in 47 U.S.C. 251(c)(3)." Renumber the following bill sections accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Anderson objected. The call was satisfied. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 106(JUD) am Second Reading Amendment No. 2 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 2003-05-18 House Journal Page 1874 Yeas: Berkowitz, Coghill, Crawford, Gara, Gruenberg, Harris, Kapsner, Kookesh, Meyer, Moses, Ogg, Seaton, Weyhrauch, Whitaker, Williams, Wilson Nays: Anderson, Chenault, Cissna, Croft, Dahlstrom, Fate, Foster, Gatto, Guttenberg, Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Morgan, Rokeberg, Samuels, Stoltze, Wolf Excused: Joule And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Gara: Page 4, lines 1 - 10: Delete all material. Renumber the following bill sections accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Anderson objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 106(JUD) am Second Reading Amendment No. 3 YEAS: 20 NAYS: 19 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Coghill, Crawford, Fate, Gara, Gatto, Gruenberg, Harris, Holm, Kapsner, Kookesh, Meyer, Morgan, Moses, Ogg, Seaton, Weyhrauch, Whitaker, Williams, Wilson Nays: Anderson, Chenault, Cissna, Croft, Dahlstrom, Foster, Guttenberg, Hawker, Heinze, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Rokeberg, Samuels, Stoltze, Wolf Excused: Joule And so, Amendment No. 3 was adopted. 2003-05-18 House Journal Page 1875 Amendment No. 4 was offered by Representative Gara: Page 3, lines 24 - 31, following "allowed": Delete all material. Insert ", based upon the actual life expectancy of the depreciating facilities, materials, and equipment." Representative Gara moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Holm objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 106(JUD) am Second Reading Amendment No. 4 YEAS: 9 NAYS: 30 EXCUSED: 1 ABSENT: 0 Yeas: Crawford, Gara, Kapsner, Kookesh, Moses, Ogg, Weyhrauch, Williams, Wilson Nays: Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Wolf Excused: Joule And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representatives McGuire and Anderson: Page 2, lines 5 - 8: Delete subsection (a). Insert new subsection (a) to read: "A local exchange carrier may petition the commission for a determination that one or more of its markets is a competitive service area. The commission shall, within 90 days, grant or reject the 2003-05-18 House Journal Page 1876 petition according to the standard set forth in this section. If the commission fails to act within 90 days after the submission of such a petition, the petition shall be deemed granted. A certification exempts the telecommunications utility from retail tariff filing requirements." Representative McGuire moved and asked unanimous consent that Amendment No. 5 be adopted. There being no objection, it was so ordered. CSHB 106(JUD) am was automatically in third reading. Representative Rokeberg rose to a point of order. The Speaker stated the point was well taken and cautioned the member to confine remarks to the bill before the body. Representative Coghill moved and asked unanimous consent that the call be extended to the second floor. There being no objection, it was so ordered. The question being: "Shall CSHB 106(JUD) am pass the House?" The roll was taken with the following result: CSHB 106(JUD) am Third Reading Final Passage YEAS: 23 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Chenault, Cissna, Croft, Dahlstrom, Foster, Gatto, Gruenberg, Guttenberg, Hawker, Heinze, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Morgan, Rokeberg, Samuels, Stoltze, Wolf Nays: Berkowitz, Coghill, Crawford, Fate, Gara, Harris, Holm, Kapsner, Meyer, Moses, Ogg, Seaton, Weyhrauch, Whitaker, Williams, Wilson Excused: Joule And so, CSHB 106(JUD) am passed the House. 2003-05-18 House Journal Page 1877 Representative Coghill moved that the effective date clause be adopted. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 106(JUD) am Third Reading Effective Date YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule And so, the effective date clause was adopted. Representative McGuire gave notice of reconsideration of the vote on CSHB 106(JUD) am.