Title 3 . Commerce, Community, and Economic Development

Chapter 48 . Telecommunications

Section 157. Allocation of costs

3 AAC 48.157. Allocation of costs

(a) After each hearing or investigation in which costs allocable under AS 42.05.221 , 42.05.401(b), 42.05.651, or AS 42.06.610 have been incurred and the commission decides to allocate those costs to a party or the commission, the commission will enter a cost allocation order, with appropriate discussion and findings, which includes

(1) a summary of all the allocable expenses incurred by the commission, whether paid or not;

(2) the beginning and ending dates of the hearing or investigation;

(3) the identification of each party that entered an appearance;

(4) the amount allocated to each party and to the commission itself;

(5) if applicable, the identification of each party to whom no cost has been allocated, and the reason;

(6) if applicable, the reason the commission has decided, in its discretion, to assume all the costs.

(b) Except as provided in AS 42.05.401 (b), the commission will, in its discretion, if it has the money, initially pay all the expenses incurred by it in connection with a hearing or investigation. If for budgetary reasons it does not have money to pay all the expenses initially, the commission will, in its discretion, postpone the hearing or investigation until it does have the money or make alternative arrangements with the parties to pay the expenses directly so that the hearing or investigation may continue. The allocable expenses of a proceeding include, but are not limited to,

(1) the time fee of the reporter and the fee for preparation of any transcript;

(2) the fees and expenses of consultants employed by the commission;

(3) the fees, expenses, or salary of an administrative law judge or hearing officer employed or contracted by the commission;

(4) the fees, expenses, or salary of legal counsel employed or contracted by the commission;

(5) any charge incurred for a hearing room other than the commission's own hearing room;

(6) the per diem and transportation costs incurred by the commission;

(7) other documented out-of-pocket expenses such as telephone calls, mailing, and copying charges.

(c) The mere filing of a written or oral protest or statement of interest, or the voluntary offering of written or oral testimony at the request of the commission or of an acknowledged participant in a proceeding, is not participation of such magnitude or extent as to subject the person who made the filing or offered the testimony, to the assessment of an allocated share of the proceeding.

(d) If a party takes an active part in a hearing or investigation by way of cross-examination of witnesses or by requesting service of copies of pleadings briefs, exhibits, etc., that party may be required to bear a just share of the special costs which the commission considers to be directly allocable under AS 42.05.221 , 42.05.401(b), 42.05.651, or AS 42.06.610 to the party's participation in the hearing, investigation, or other proceedings.

(e) A person who successfully petitions for intervention in a proceeding, or by any other means leads the commission or the other parties to believe he or she will be an active party in the proceeding, will be considered an active party up to the time the party signifies in writing to the commission, with service on the other parties, an intention to withdraw from active participation in the proceeding.

History: Eff. 6/29/84, Register 90; am 10/10/96, Register 140

Authority: AS 42.05.111

AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.254

AS 42.05.401

AS 42.05.651

AS 42.06.140 (a)

AS 42.06.286

AS 42.06.610