Title 3 . Commerce, Community, and Economic Development

Chapter 48 . Telecommunications

Section 400. Adoption notice

3 AAC 48.400. Adoption notice

(a) When a utility or pipeline carrier, or portion of one, is transferred from the operating control of one utility or pipeline carrier to that of another by sale, lease, rental, inheritance, assignment, receivership, acquisition of a controlling interest by any means, or change in the legal form of its organization, or when the name of the utility or pipeline carrier is changed, the utility or pipeline carrier operating after that, if it intends to continue using the tariff shall, for each tariff so used, issue and file with the commission and shall, at the same time, make available for the statutory notice period at every place designated under 3 AAC 48.200 - 3 AAC 48.430, a tariff supplement containing an adoption notice reading substantially as follows:

(Name of utility or pipeline carrier) hereby adopts, as if they had been originally filed by it, all tariffs, rules, notices, concurrences, provisions, authorities, power of attorney, or any other instruments of (name of predecessor utility or pipeline carrier) before (here insert the date of change). By this notice, it also adopts and ratifies all supplements and amendments to any of the above tariffs of the (name of predecessor utility or pipeline carrier).

(b) Adoption notices may be filed and take effect in less than the statutory notice period without written authorization of the commission unless the commission finds it would be contrary to the public interest.

(c) Until such time as an adopted tariff is refiled in the name of the utility or pipeline carrier which adopted it, all revisions of it subsequent to adoption will bear, at the top part of each tariff sheet, the name of the utility or pipeline carrier whose tariff was adopted and, at the bottom part of the sheet after "Issued by," the name of the utility or pipeline carrier that adopted the tariff and is issuing the revisions of the tariff. A tariff adopted by one utility or pipeline carrier may not be adopted by another utility or pipeline carrier, but instead must be filed as the tariff of the filing utility or pipeline carrier without any substantive change in the rates, charges, rules, and regulations of the predecessor utility or pipeline carrier.

History: Eff. 11/16/73, Register 48; am 6/29/84, Register 90

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.361

AS 42.06.140 (a)

AS 42.06.305

AS 42.06.350

AS 42.06.360

AS 42.06.390