NOTICE OF PROPOSED CHANGES IN THE
REGULATIONS OF THE REGULATORY COMMISSION OF ALASKA
The Regulatory Commission of Alaska (Commission) proposes, in Docket R-19-002, to adopt regulation changes in Title 3 of the Alaska Administrative Code necessary to conform telecommunciations regulations with recent changes to the Commission’s enabling statutes resulting from the enactment of Chapter 24 SLA 19, including broad exemptions from regulation for telecommunications carriers that do not provide inmate calling services.
The Commission also seeks comment from interested parties related to whether, after Chapter 24 SLA 19, the Commission retains statutory authorization to exercise its general powers in AS 42.05.141(a) and adopt general regulations pursuant to AS 42.05.151, with regard to the any specific statutory provision that is not otherwise exempted for non-inmate telecommunications carriers in AS 42.05.711(u), including the adoption or retention of regulations related to:
- Oversight of the eligible telecommunications carriers (ETCs) it has or will designate, including the authority to certify to the FCC regarding ETCs appropriate use of federal high cost support pursuant to 47 CFR 54.314 and to require the filing of existing facilities maps;
- Oversight of and mandatory reporting requirements for recipients of Alaska Universal Service Fund support; and
- Annual gross revenue and deduction reporting requirements for the limited purpose of setting rates and auditing remittances of regulatory cost charges for otherwise exempt telecommunications carriers;
Finally, the Commission seeks comment from interested parties regarding the appropriate scope of the Commission’s retained certificate authority, including whether the Commission can and should adopt regulations pertaining to:
- The definition of “basic residential local telephone service” as set forth in AS 42.05.381(l) and (m); to include a service made available on a standalone basis to requesting customers, and subject to a uniform line extension policy established and administered by the certificated carrier; and
- The adoption of a standard for constructive abandonment and/or discontinuance of service measured at the community or exchange level by tracking the duration and frequency of service outages originating in equipment or facilities owned or controlled by a certificated carriers.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, as well as the topics, policies, and issues raised herein, by submitting written comments to the Regulatory Commission of Alaska at 701 West 8th Avenue, Suite 300, Anchorage, Alaska 99501. Additionally, the Regulatory Commission of Alaska will accept comments via the Commission’s website at:
https://rca.alaska.gov/RCAWeb/WhatsNew/PublicNoticesComments.aspx.
Comments may also be submitted electronically through the Alaska Online Public Notice System, by accessing this notice on the system and using the “comment” link. Initial comments must be received no later than 5:00 p.m., on January 17, 2020. Reply comments must be received no later than 5:00 p.m., on February 3, 2020. All comments should reference Docket R-19-002.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Valerie Fletcher-Mitchell at (907) 276-6222, toll-free at 1-800-390-2782 or TTY (907) 276-4533 or by email at valerie.fletcher-mitchell@alaska.gov no later than three business days before the relevant public comment period ends to ensure that any necessary accommodations can be provided.
Since this is a regulation proceeding, commenters are not required to serve their comments on other entities or persons set out on the service list of this notice. Interested persons may request from the Commission copies of the comments filed in this proceeding. For a copy of the proposed regulation changes and related material contact the Commission’s Records & Filings Section at the above address or at (907) 276-6222 or go to: http://rca.alaska.gov/RCAWeb/home.aspx. Those seeking to obtain the materials at the above website must pick “All Open Rulemaking Dockets” under Top Searches and choose matter number R-19-002.
After the public comment period ends, the Regulatory Commission of Alaska will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and are subject to public inspection.
Statutory Authority: AS 42.05.141; AS 42.05.151
Statutes Being Implemented, Interpreted, or Made Specific: AS 42.05.141; AS 42.05.145; AS 42.05.151; AS 42.05.254; AS 42.05.261; AS 42.05.271; AS 42.05.361; AS 42.05.381; AS 42.05.711; AS 42.05.820; AS 42.05.840; and AS 42.06.286
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: December 18, 2019 Robert M. Pickett, Chairman
ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Regulatory Commission of Alaska
2. General subject of regulation: Conforming Changes for Telecommunication Regulations Resulting from Chapter 24, SLA 19
3. Citation of regulation (may be grouped): (3 AAC 47; 3 AAC 48; 3 AAC 51; 3 AAC 52; 3 AAC 53)
4. Department of Law file number, if any: 2019200879
5. Reason for the proposed action:
( ) Compliance with federal law or action (identify):
(X) Compliance with new or changed state statute
( ) Compliance with federal or state court decision (identify):
( ) Development of program standards
( ) Other (identify):
6. Appropriation/Allocation: N/A
7. Estimated annual cost to comply with the proposed action to:
A private person: ZERO
Another state agency: ZERO
A municipality: ZERO
8. Cost of implementation to the state agency and available funding (in thousands of dollars):
Initial Year Subsequent
FY 2019 Years
Operating Cost $ 0 $ 0
Capital Cost $ 0 $ 0
1002 Federal receipts $ 0 $ 0
1003 General fund match $ 0 $ 0
1004 General fund $ 0 $ 0
1005 General fund/
program $ 0 $ 0
Other (identify) $ 0 $ 0
9. The name of the contact person for the regulation:
Name: Jeffrey Davis
Title: Administrative Law Judge
Address: 701 W. 8th Ave., Anchorage, AK 99501
Telephone: 907-263-2194
E-mail address: Jeffrey.davis@alaska.gov
10. The origin of the proposed action:
_____ Staff of state agency
_____ Federal government
_____ General public
___x_ Petition for regulation change7
_____ Other (identify):
11. Date:_________________ Prepared by:
Name (printed):Jeffrey Davis
Title (printed):Administrative Law Judge
Telephone: (907) 263-2176