Current through February 27, 2024
(a) The commission
may, upon petition or its own motion and after notice and opportunity for
hearing, reassign interexchange carrier of last resort obligations for a
specified local exchange area to an alternative carrier based on a finding that
the alternative carrier is able to fulfill carrier of last resort obligations
currently and in the foreseeable future and that reassignment is consistent
with the public interest.
(b) A
petition to reassign interexchange carrier of last resort obligations to an
alternative carrier must include
(1) a list
of the local exchange areas that the petitioner seeks to reassign to an
alternative carrier, including a map of the petitioner's facilities in each
area:
(2) a written description of
each facility that the petitioner uses to provide essential interexchange
service, including information identifying the entity that owns or controls
each facility;
(3) a written
description of all state-regulated and other services provided over the
identified facilities, including information identifying services provided by
affiliates or, to the extent known, by third parties;
(4) the name of the carrier identified as an
alternative interchange carrier of last resort;
(5) a general written description of the
capability of the alternative carrier to provide essential interexchange
service to each local exchange area upon reassignment; and
(6) an explanation of how the relevent
factors listed in (d) of this section support the petition, including a
demonstration
(A) that the provision of
essential interexchange service in the specified local exchange area will
continue without interruption after the reassignment of carrier of last resort
obligations; and
(B) how the relief
requested is consistent with the public interest.
(c) An alternative carrier identified in a
petition filed under (b) of this section shall, not later than 30 days after
service of the petition, submit to the commission either
(1) a written description of
(A) each facility that the alternative
carrier uses to provide essential interexchange service in the local exchange
area identified in the petition, including information identifying the entity
that owns or controls each facility and a map of the alternative carrier's
facilities; and
(B) all
state-regulated and other services provided over the identified facilities,
including information identifying services provided by affiliates or, to the
extent known, by third parties; or
(2) a dispositive motion filed under
3
AAC 48.091 detailing the reasons why the carrier
should not be considered as a potential alternative interexchange carrier of
last resort for the local exchange areas identified in the petition filed under
(b) of this section.
(d)
In determining the reassignment of carrier of last resort obligations the
commission may consider the following factors for the current interexchange
carrier of last resort and the alternative carrier:
(1) the experience and relevant technical
expertise in the general interexchange market and in the identified local
exchange area market;
(2) the
financial strength and stability of each carrier;
(3) the intrastate interexchange facilities
each carrier owns or controls in the identified local exchange area;
(4) the relative estimated remaining life of
facilities owned or used to provide essential interexchange service;
(5) the method by which facilities that would
be used to provide essential interexchange service were financed;
(6) each carrier's market presence, currently
and over the past five years, both throughout the state and in the identified
local exchange area;
(7) whether
the facilities that would be used to provide essential interexchange service to
the identified local exchange area will have sufficient capacity, currently and
in the foreseeable future, to fulfill carrier of last resort obligations;
and
(8) any other factor the
commission determines relevant to reassigning carrier of last resort
obligations.
Authority:AS
42.05.141
AS 42.05.145
AS 42.05.151
AS 42.05.291
AS 42.05.800
