3 AAC 51.020. Selection of telecommunications relay service provider

(a) In accordance with the provisions of this section, the commission will issue an order requesting applications for the provision of TRS in this state and specifying the general, business, technical, and financial information to be provided by an applicant. The commission will issue its initial order requesting TRS applications under this section by May 23, 2001.

(b) If more than one entity applies to provide TRS in this state, the commission will hold a public hearing to examine the applications on a comparative basis. In accordance with (e) - (g) of this section, the commission will determine whether one or more applicants are qualified and which applicant is most fit, willing, and able to provide TRS in this state and can provide quality service at just and reasonable rates.

(c) If no applications are received, or if the commission determines that none of the applicants are fit, willing, and able to provide TRS, the existing certificated provider shall continue to provide service under the terms and conditions of its effective tariff. If no applications are received, the commission will issue an order requesting applications every 12 months, unless good cause indicates otherwise. A TRS provider required to serve beyond its initial term of service, as provided in this section, is exempt from the requirements of 3 AAC 48.275(a) , but shall provide reasonable justification for any proposed change to its monthly revenue requirement.

(d) The commission will issue a certificate of public convenience and necessity to a TRS provider selected under this section for a period of at least five years.

(e) In addition to the application information required under (a) of this section, a TRS applicant shall provide documentation that verifies the applicant has

(1) the ability to meet or exceed federal requirements concerning all operational, technical, and functional minimum standards for TRS specified in 47 C.F.R. 64.604, issued June 21, 2000; and

(2) procedures to

(A) solicit input from users of the service and carriers whose customers use TRS;

(B) fairly and expeditiously resolve customer complaints;

(D) provide for TTY equipment distribution to customers.

(f) In reviewing applications, the commission will rank applicants using the following weighting criteria:

(1) price for basic TRS expressed in dollars and cents per billable minute - 40 percent;

(2) quality of service, which includes the requirements set out in (e) of this section - 40 percent;

(3) availability of, and price for, optional services and ability to meet or exceed any other criteria specifies in the request for applications - 20 percent.

(g) In its order requesting applications issued under (a) and (c) of this section, the commission will establish the terms and amount of an escrow or bond that it determines an applicant must provide to demonstrate an ability to ensure the provision of TRS in this state.

(h) The commission will reject all applications and renotice the application process if it determines that none of the applicants can provide quality service at just and reasonable rates.

History: Eff. 12/2/92, Register 124; am 2/23/2001, Register 157

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.296

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