SENATE LABOR AND COMMERCE COMMITTEE March 23, 1999 1:40 P.M. MEMBERS PRESENT Senator Jerry Mackie, Chairman Senator Tim Kelly, Vice Chairman Senator Dave Donley Senator Loren Leman Senator Lyman Hoffman MEMBERS ABSENT All Members Present COMMITTEE CALENDAR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10 "An Act requiring a utility that provides services in a municipality with a population of more than 100,000 to have an ongoing program of placing existing overhead utility lines underground; and relating to rates for recovering the cost of placing existing overhead utility lines underground." -MOVED CSSB 10 (L&C) OUT OF COMMITTEE SENATE BILL NO. 87 "An Act requiring a license to sell rental car insurance." -MOVED CSSB 87(L&C)OUT OF COMMITTEE SENATE BILL NO. 52 "An Act relating to competition in the provision of local exchange telephone service; and providing for an effective date." -MOVED CSSB 52(L&C)OUT OF COMMITTEE PREVIOUS SENATE COMMITTEE ACTION SB 10 - See Labor and Commerce minutes dated 3/16/99. SB 87 - No previous action to consider. SB 52 - No previous action to consider. WITNESS REGISTER Mr. Charlie Miller Republic Industries P.O. Box 102286 Anchorage, AK 99510 POSITION STATEMENT: Supported SB 87. Mr. John Ference, Deputy Director Division of Insurance Department of Commerce and Economic Development P.O. Box 110805 Juneau, AK 99811-0805 POSITION STATEMENT: Commented on SB 87. Mr. Richard McEvily Hertz Corporation New Jersey POSITION STATEMENT: Supported SB 87. Mr. Conklin Florida POSITION STATEMENT: Supported SB 87. Mr. Jimmy Jackson GCI 2550 Denali Street Anchorage, AK 99503 POSITION STATEMENT: Supported SB 52. Mr. Michael C. Burke, Vice President Finance TelAlaska Inc./ATA 2121 Abbott Rd. Anchorage, AK 99507 POSITION STATEMENT: Opposed SB 52. Mr. Steve Hamlen United Utilities 5450 A St. Anchorage, AK 99501 POSITION STATEMENT: Opposed SB 52. Mr. Don Reed Matanuska Telephone Association Palmer, AK POSITION STATEMENT: Opposed SB 52. ACTION NARRATIVE TAPE 99-8, SIDE A Number 001 SB 10-APUC JURISDICTION: UNDERGROUND UTILITIES CHAIRMAN MACKIE called the Senate Labor and Commerce Committee meeting to order at 1:40 p.m. and announced SB 10 to be up for consideration. SENATOR DONLEY, sponsor, said the proposed committee substitute specifies that they are dealing with distribution revenues and clarifies in Section (I) how this would be exempt only up to five percent. CHAIRMAN MACKIE remarked that took care of the transmission versus distribution lines issue. SENATOR DONLEY moved to adopt the committee substitute to SB 10. There were no objections and it was so ordered. SENATOR DONLEY moved to pass CSSB 10(L&C) with accompanying fiscal notes from committee. There were no objections and it was so ordered. SB 87-RENTAL CAR INSURANCE CHAIRMAN MACKIE announced SB 87 to be up for consideration. MR. CHARLIE MILLER, Republic Industries, said they, along with Hertz Rent-a-Car, asked for this bill to clarify existing code that sellers of insurance incidental to rental car transactions will be placed in the statute that requires unlimited licensure. Other groups that belong are the fraternal benefit society and bail bondsmen and several other products that are not considered traditional insurance products. This will clarify the jurisdiction of the Division of Insurance in terms of oversight, market conduct, records, retention, reporting, and all the aspects that are currently in statute. This would clarify for the industry their responsibilities and the Division's authority in regards to consumer issues and complaints. MR. MILLER said neither industry nor the Division could see problems with this bill. SENATOR KELLY moved to adopt the committee substitute to SB 87, version E3/17/99Ford. There were no objections and it was so ordered. MR. JOHN FERENCE, Deputy Director, Division of Insurance, said that generally their license laws are focused on practitioners who are involved in a variety of insurance activities with a substantial amount of economic activity. That standard of licensure is difficult for organizations such as rental car agencies which typically have a limited scope of insurance sales and are incidental parts of what the personnel do for a living. He supported SB 87 in its goal to make licensing more efficient for rental car agencies and the license process more appropriate to their business conditions. CHAIRMAN MACKIE asked if he knew of any controversy over the bill. MR. FERENCE said he didn't. SENATOR KELLY asked if the consumers, people who were going to rent the cars, had an opinion. MR. FERENCE answered that they weren't part of the negotiation process to the best of his knowledge. He believed the bill would have no material affect on a customer. SENATOR KELLY asked if rental car customers were required to purchase this insurance. MR. FERENCE replied that it's an option. SENATOR DONLEY added that wasn't exactly right. If you don't have a primary policy and they don't have any other source of coverage, the mandatory auto insurance law requires them to obtain this coverage. MR. FERENCE responded that the responsibility for providing insurance rests with the owner of the vehicle. In that context, the rental car company owning the vehicle would be charged with providing insurance that meets the minimum financial responsibility of the laws of this state. SENATOR DONLEY asked if he is renting a car and has an insurance policy on a car in Alaska and then decides to buy this coverage also, is this coverage primary or is it excess under existing law. MR. FERENCE replied that this coverage would most likely become primary. However, there are some aspects of it which might be excess over the rental company's coverage. SENATOR DONLEY asked if SB 87 would change that. MR. FERENCE answered that it wouldn't. SENATOR KELLY said his understanding was they had been doing this all along, but now it has become a question of whether or not they are doing it legally. He asked if there was anything added in the committee substitute or the bill that hasn't been traditional practice over the last few years. MR. FERENCE replied that the rental car owners are currently obliged to be licensed and he suspects there are a fair number of people who have been involved in selling insurance without licenses, but they have no documented history of that occurring. There has been some question about whether or not they needed to be licensed. This answers those questions and provides for it to occur. SENATOR KELLY wanted assurance there were no expansions of insurance coverage required under this bill that haven't been in the past. MR. FERENCE replied no. SENATOR KELLY moved to pass CSSB 87(L&C) out of committee with individual recommendations. CHAIRMAN MACKIE asked Senator Kelly to withdraw his motion, since there were two people who wanted to testify on SB 87. SENATOR KELLY withdrew his motion. MR. RICHARD MCEVILY, Hertz Corp. supported SB 87 saying that the insurance that's being offered is optional. If someone elects the option, it is primary insurance. MR. CONKLIN said consumers wanted to buy this insurance if they want to protect their assets in whatever state they are coming from while they are driving a car in Alaska. SENATOR KELLY moved to pass CSSB 87(L&C) from committee with individual recommendations. There were no objections and it was so ordered. SB 52-LOCAL EXCHANGE TELEPHONE SERVICE CHAIRMAN MACKIE announced SB 52 to be up for consideration. SENATOR PETE KELLY, sponsor, explained that nine or 10 years ago a decision was made by the Legislature to deregulate long distance service in Alaska and allow for long distance competition. At the time, companies who are beneficiaries of state sanctioned monopolies claim that to allow competition would destroy Alaskan's access to affordable long distance, raise prices, and reduce services. In fact, in the years since, the opposite has been true. Prices have gone down; access has been unaffected and services have increased. SB 52, deregulating local telephone exchange, has drawn the same debate. These monopolies are engaged in the same counter intuitive arguments. Opponents have brought up some meaningful objections that are addressed in the bill. One was a concern about universal services. On page 2, line 9 that is addressed so that the APUC can take that into consideration when they are considering competition. On page 2, line 14 reference is made to the Telecommunications Act which allows the APUC to protect incumbent exchange owners, if hooking up to another system would be economically burdensome as far as technologically feasible and whether they could actually hook fiber optic lines to copper lines and those kinds of issues when a new player comes in to assist. The APUC can still regulate that. Cherry picking is addressed on page 2, line 22. There were concerns that the smaller utilities just couldn't handle competition and the number of lines the bill affects addresses that. The current bill has 5,000 lines and he will recommend a conceptual amendment to change it to 23,000 lines. SB 52 recognizes the role of the APUC in regulating local phone exchanges. As a regulatory agency, they will still make critical calls, but this will take the policy call away from them, because it is more appropriate for the Legislature. Number 315 SENATOR HOFFMAN said in the last meeting a list of subscriber access lines showed that GTE was at 58,738 and the current list shows them at 21,000. SENATOR KELLY said the 58,738 was a misprint. SENATOR LEMAN asked why the line restrictions were defined as the size of the local exchange carrier rather than have some type of community based limit like the number of lines of that carrier in a single community. SENATOR KELLY responded that as he understands it, it can't be done by community, because they are part of overall exchanges. They wanted competitors not to compete for the most appealing community. For instance, Fairbanks includes Barrow, Ketchikan, and Kwithluk. If you wanted to compete and could just do Fairbanks, you would be taking the best customer base and leaving the high cost low revenue subscribers to basically fend for themselves. SENATOR TIM KELLY said it looks like PTI in Fairbanks is awfully low in terms of subscriber lines compared to the Matanuska Valley or Kenai. SENATOR PETE KELLY clarified that Matanuska Valley includes Eagle River. Fairbanks includes North Pole and Fort Wainwright. SENATOR DONLEY asked how a different numerical number affect those other subdivisions if they are really in the same community. SENATOR PETE KELLY answered that in Fairbanks, essentially three different companies are owned by the same one. SENATOR TIM KELLY asked if they were all accounted for on the list before the committee. CHAIRMAN MACKIE asked if the 37,000 represented all three companies' access lines in the Fairbanks area. SENATOR PETE KELLY responded that he would go through the list and get that information. SENATOR HOFFMAN said he was concerned with the number primarily because of GTE that's in Nome, Bethel, and a few other communities. How soon would GTE pass the 2,300 access lines, he asked. SENATOR PETE KELLY replied that he didn't know what the growth rate is. He said that the Nome Assembly has passed a resolution in favor of this bill. CHAIRMAN MACKIE asked how they decided on the 23,000 number. SENATOR PETE KELLY answered that some of the larger communities are more capable of taking on competition than smaller communities. There might not be enough money to handle two companies and one will go out of business and you're stuck with a monopoly again. He wanted to provide competition in the state for the larger communities and see how that works and wait on the smaller ones. So he drew the line at 23,000 considering the size of the communities that were in that system and the size of the system, itself. SENATOR HOFFMAN pointed out that he could accomplish the same thing using 25,000. SENATOR PETE KELLY said he supposed he could. MR. JIMMY JACKSON, GCI, explained that on the list where it says PTI(Fairbanks) that refers to the former municipally owned utilities, the core. That is what has 37,000 access lines. The 30,000 Juneau access lines is also confusing and he explained that PTI has three companies recognized by the APUC. One is the former FMUS, one is called Telephone Utilities of Alaska including Juneau, Douglas, Eilson and Fort Wainwright. He didn't know why they were all put in that same group. The other PTI of 58,000 includes Kenai, Kodiak, North Pole, and a long list of other communities many. Fairbanks includes part of what says Juneau (Eilson and Wainwright) and part of the one at the top which has North Pole. The booklet put out by the Alaska Telephone Association is where all this information comes from. MR. JACKSON supported SB 52. He was a hearing officer for the APUC for ten years which is where he witnessed the battle over intrastate long distance competition. He said that SB 52 establishes a state policy favoring competition in local exchange service. GCI provided it in Anchorage for more than a year. It has brought better service, new services, and lower rates in Anchorage as long distance competition and lower rates throughout the state. They seek to bring competition to other areas of the state including Fairbanks and Juneau. Citizens want competition because they understand the benefits it will bring. The Assemblies in Fairbanks, Fairbanks North Star Borough, and the City and Borough have all passed resolutions supporting local competition. Newspapers in those areas have consistently supported it in their editorials. The APUC has denied their request to extend full local competition to Fairbanks and Juneau saying that they needed to complete regulations on universal service and access charges before they could allow local competition in new areas. Last year, when that argument was presented, the Legislature deferred action at least in part to give the APUC time to work on the regulations. They passed regulations, but at the first opportunity for competition they had in conjunction with what is happening now, the APUC decided it wouldn't even consider. This is true, even though the Commission's staff represented by the Attorney General told the Commission that they had the authority to do it and that it would be a good idea. On March 4, Superior Court Judge Murphy in Anchorage reversed the APUC decision and sent the case back to them to decide on proper standards. The two important things about what the Judge's decision was that the Commission should have put the burden of proof on PTI to show that competition caused harm; whereas, the Commission had put the burden of proof on GCI to show that it could not cause harm, very difficult to prove. The second thing was for the APUC to keep in mind that the national policy established by the Telecommunications Act is procompetitive. PTI filed a petition for a review of Murphy's decision and last week the APUC joined them. SENATOR DONLEY moved on page 2, line 16 to change 5,000 to 25,000. There were no objections and it was so ordered. SENATOR HOFFMAN asked how soon the appeal would be heard. MR. JACKSON replied that APUC has to ask the Supreme Court to hear the appeal and the time frame would probably be a couple of months. PTI is asking for a stay of the Judge's decision in the interim which will probably happen more quickly. Number 540 CHAIRMAN MACKIE asked if the APUC could make a decision that would make this bill unnecessary. MR. JACKSON said probably not. When it was first remanded they established a schedule which would have let to a decision within 120 days, beyond the end of session. SENATOR LEMAN asked if it was reasonable to think the APUC would adopt the regulations by July 1, 1999. MR. JACKSON replied that he believed they had already done what that part of the bill called for. SENATOR PETE KELLY concurred that the regulations were completed by January 1. SENATOR LEMAN asked if Senator Pete Kelly thought they could complete this work by July 1, 1999. SENATOR PETE KELLY indicated yes. MR. MICHAEL BURKE, Vice President, Finance, TelAlaska Inc., said they are a world telecommunications company that serves about 21 communities scattered across the State of Alaska. He said he is also representing the Alaska Telephone Association. MR. BURKE said this bill would affect the public by bringing about some of the benefits of competition to consumers without harming universal service or resulting in unintended consequences. However, the APUC is currently conducting a number of proceedings on how the can bring about competition on many areas of the State, but maybe they have not been moving fast enough for some people. The Telecommunications Act recognizes that healthy competition will be developed over time, because of the complexity of the number of issues involved. He wasn't sure why the bill is necessary as the information presented has no direct impact on TelAlaska. However, a lot of issues and how benefits of competition will be implemented have been spelled out very clearly in the Telecommunications Act. TAPE 8, SIDE B Number 590 This bills seems to try to parallel that. Competition is good in some instances and in others it's not. Competition is a means to achieve some goal - more advanced services, lower rates, more carriers, etc. As a policy standpoint, if the Legislature wants to enact any kind of policy, it should focus on those types of goals. He thought it would be better to let the Telecommunications Act run its course through the regulatory process than to possibly complicate it further with additional legislation that may ultimately take more of the process to litigation than is necessary. CHAIRMAN MACKIE asked if he lived in Anchorage and what was the result of competition with his phone bills. MR. BURKE answered that he currently subscribes to ATU and hadn't seen any change. They only way he could get a break on his bill is if he would buy certain services that he's not getting right now and doesn't want to get. SENATOR MACKIE asked if his company's offices were located in Anchorage and if his commercial billing had gone down. MR. BURKE replied that his business is in Anchorage and his bill hasn't gone down. CHAIRMAN MACKIE said he had talked to another person who had a commercial account in Anchorage and his bill had gone down substantially because of competition. Everything he has heard is there is a direct benefit from competition. MR. BURKE responded that it depends on the circumstance. Looking at services in rural areas, the price customers typically pay for their phone service is about 15 - 20 percent of the total cost. About 80 - 85 percent of the cost is being paid through access charges that the long distance carriers are paying from high cost support universal service funding. Those amounts are totally separate from what the customer is paying. Ultimately competition won't have that much of an impact on what customers are paying on a monthly basis. The changes in long distance pricing has resulted from a shifting around of some of those cost streams. In other words, a lot of costs that used to be paid by the long distance carriers through access charges have been shifted over to universal service and spread over a bigger base. So that substantially reduced probably the number one cost to the long distance carriers that are providing long distance service and, in turn, has led to a big reduction in their long distance prices. CHAIRMAN MACKIE asked if it was ATA's position that competition isn't good for Alaska. MR. BURKE responded no, in many cases it would be good, but it should be determined on a case by case basis. CHAIRMAN MACKIE asked if he agreed that competition would be more beneficial in the larger areas in terms of the 25,000 number they set versus with a small utility such as his. MR. BURKE answered that he thought it lessens some exposure in terms of cost characteristics of small companies versus large companies. He would have to look at it on an individual basis and that is actually the job of the APUC. CHAIRMAN MACKIE asked if he had suggestions to make this bill better and allow for the benefits of competition. MR. BURKE responded that the Telecommunications Act of 1996 was procompetition directing state commissions to work towards developing competition as quickly as possible and practical with the provision that universal service is protected and maintained and that rural customers are not disaffected. The Telecommunications Act contains sufficient language and criteria to do that job which makes this bill unnecessary. SENATOR TIM KELLY said he wasn't sure how much cost savings has been realized in Anchorage because of competition, but he thought it wasn't worth the aggravation of the telemarketing calls you get which he is very tired of getting. MR. STEVE HAMLEN thanked the committee members for their sensitivity and concern for rural companies and for the ongoing availability of the telecommunication services of our state. United Utilities provides cell phone service to 58 villages and has approximately 5,500 access lines. They are a member of the Alaska Telephone Association. He supported ATA's position statement endorsing the Telecommunications Act and stated that competition should be fostered where it's technically feasible, economically viable, sustainable, and doesn't jeopardize the principals of universal service. MR. HAMLEN explained that a telephone bill has a charge called "universal service surcharge." Currently, the State of Alaska gets in excess of $50 million per year from the federal jurisdiction for basic telephone service in Alaska. Future models of the funding are based on having a single provider service an area. One of the difficult issues that is going to have to be dealt with, once the FCC has completed their deliberations, is how much sense does it make to provide multiple carriers with access to a limited amount of support to accomplish a given purpose. The issues surrounding universal service are complex and he thinks the best way to resolve those in the consumer's interest is before the APUC where there is the opportunity to have a deliberative process. CHAIRMAN MACKIE asked if he felt different now that he isn't subject to the bill since they established a cap of 25,000 lines. MR. HAMLEN said he appreciated their recognition of the difficulties surrounding the competition in the more costly areas in the state. Number 459 MR. DON REED, MTA, said he supported the comments of the Alaska Telephone Association as Mr. Burke set forth. They believe SB 52 circumvents the rural exemption clause purposely built into the Telecommunications Act. These safeguards ensure that rural customers will continue to enjoy affordable local service rates and high quality service as the nation's telephone industry moves toward the competitive market system. The Telephone Act has two specific objectives: promoting local competition and maintaining universal affordable service while that takes place. The Act sets forth three ways that companies can compete to enter rural markets. First, building their own facilities; second, buying the services of the local phone company that's already there and reselling those services; and thirdly, unbundled network competition (Section 251 C competition). The 251 C competition is the area in which MTA has the most difficulty. The price incumbent phone companies must lease facilities to competitors might not cover the cost of those assets. Furthermore, when competitive phone companies enter the market, they most likely target the highest revenue producing customers, leaving the incumbent carriers to serve the remaining high cost low revenue subscribers. Congress recognized those problems, but went ahead for large urban areas thinking the markets and the companies were large enough to work themselves out. At the same time, Congress made it clear that the consequences of allowing 251 C competition in smaller rural markets of less than 100,000 access lines might jeopardize universal service. The Telecommunications Act specifically exempts rural markets, defined as 100,000 lines or less, until the state commissions can affirmatively determine that type of competition will not unduly economically burden the local exchange company, is technically feasible, and is consistent with the universal service provision of the Act. SB 52 attempts to bypass the critical inquiry by mandating that the APUC adopts regulations that will allow 251 C competition in rural markets over 25,000 regardless of consequences or the outcome of the rural exemption proceedings. SB 52 conflicts with the safeguards intended by the rural exemption provisions of the Act and inappropriately accelerates the completion of all these dockets by July 1999. The only thing that will be accomplished by this form of rush to judgement will be that many parties will not be heard which is not good public policy. CHAIRMAN MACKIE thanked him for his testimony saying that he is the only person affected by this bill that has offered testimony. Number 400 SENATOR PETE KELLY responded that the Telecommunications Act allows the regulatory bodies of the state to provide for competition. The conditions are that it is not economically burdensome, technically feasible, and we have to protect universal services. This bill does all that. The regulatory body can still make the regulatory calls that will protect smaller operators from the possible down sides of competition. The APUC is stuck on deciding a policy call, if competition is good or bad. They are not capable of doing that because they are not the appropriate body to discuss policy. This Legislature is. CHAIRMAN MACKIE noted that he has had the bill for two months since it is such a huge issue. He is concerned that PTI is affected the most and they haven't even come to talk to him. SENATOR DONLEY moved to pass CSSB 52(L&C) and accompanying fiscal notes with individual recommendations. There were no objections and it was so ordered. CHAIRMAN MACKIE adjourned the meeting at 3:00 p.m.