NOTICE OF INVESTIGATION TO REVOKE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
The REGULATORY COMMISSION OF ALASKA (Commission) gives notice of its investigation into possible revocation or relinquishment of Certificate of Public Convenience and Necessity (Certificate) No. 428, which authorizes Bristol Bay Cellular Partnership (BBCP) to provide wireless telecommunications service in the study areas served by Bristol Bay Telephone Cooperative, Inc. and Nushagak Electric & Telephone Cooperative, Inc. Docket No. U-16-054 has been opened to address this matter.
Since 1993, federal law has preempted the Commission from limiting market entry or regulating the rates of commercial mobile service providers (47 U.S.C. § 332(c)). Thus, the Commission no longer has authority to require wireless telecommunications providers such as BBCP to provide service pursuant to the terms of a Certificate.
The Commission is conducting an audit of issued Certificates. During this audit, the Commission found that BBCP is a wireless telecommunications service provider currently active in Alaska and provides service pursuant to a Certificate. Most of BBCP’s competitors provide service without having to comply with Certificate requirements. The Commission opened this investigation to determine if the public convenience and necessity requires the Commission to revoke Certificate No. 428 so that BBCP can compete in the wireless telecommunications service market on an equal footing with its uncertificated competitors.
A hearing may be scheduled by the Commission in a future order to allow BBCP to challenge a possible revocation and to provide other interested persons an opportunity to comment publicly on whether the Commission should revoke Certificate No. 428. Should the Commission schedule a hearing, all interested persons will be invited to attend and make comments at the hearing. In the interim, comment may be made regarding the potential revocation or relinquishment of Certificate No. 428.
You may obtain information about this investigation from Jess Manaois, Communication Common Carrier Specialist with the Commission, at john.paul.manaois@alaska.gov. The complete docket is also available for inspection at the Commission’s office at 701 West 8th Avenue, Suite 300, Anchorage, AK 99501; phone: (907) 276-6222, or may be viewed on the Commission’s website at http://rca.alaska.gov by typing Docket No. “U-16-054” in the Find a Matter search box.
To comment on this docket, please file your comments by 5:00 p.m., June 9, 2016, at the Commission’s address given above or via our website at:
https://rca.alaska.gov/RCAWeb/WhatsNew/PublicNoticesComments.aspx.
Please reference Docket No. U-16-054 and include a statement that you have filed a copy of the comments at the contact address given above.
Individuals or groups of people with disabilities, who require special accommodations, auxiliary aids or service, or alternative communications formats, please contact Joyce McGowan at (907) 276-6222,
toll-free at 1-800-390-2782, or TTY (907) 276-4533 or send a request via electronic mail to rca.mail@alaska.gov by May 26, 2016.
DATED at Anchorage, Alaska, this 11th day of May, 2016.
REGULATORY COMMISSION OF ALASKA
Robert M. Pickett
Chairman