Title 3 . Commerce, Community, and Economic Development

Chapter 52 . Telecommunications

Section 200. Application, purposes, and policies

3 AAC 52.200. Application, purposes, and policies

(a) Except as provided in 3 AAC 53.800(a) , 3 AAC 52.200 - 3 AAC 52.340 apply to all telephone utilities subject to the regulatory jurisdiction of the commission. These sections govern the furnishing of telecommunications services and facilities to the public. The purpose of 3 AAC 52.200 - 3 AAC 52.340 is to establish service standards to ensure that reasonably continuous, uninterrupted, and prompt service will be rendered to the public.

(b) The provisions of (d) of this section, 3 AAC 52.333, 3 AAC 52.334, 3 AAC 52.340, and 3 AAC 53.190 apply to all telephone utilities whether or not they are otherwise exempt from regulation by the commission under AS 42.05.711 .

(c) The standards in 3 AAC 52.200 - 3 AAC 52.340 do not create a private right of action on behalf of any utility subscriber. However, nothing in 3 AAC 52.200 - 3 AAC 52.340 relieves a utility from any of its duties under AS 42.05, or any other laws of the state, or from any other regulations, orders, or directives of the commission, nor does it preclude the commission from imposing sanctions or levying penalties under AS 42.05.561 - 42.05.611 or taking any other action authorized under AS 42.05, with respect to utility services and facilities.

(d) For good cause shown, the commission will, in its discretion, waive all or any portion of these standards as applicable to any individual utility or may establish interim standards.

(e) The procedures and practices prescribed in 3 AAC 52.200 - 3 AAC 52.340 are to be followed and implemented in good faith by the utility and require related prudent management in an effort to maintain the proper balance between economic effectiveness and an acceptable quality of service.

(f) Where appropriate, the standards define surveillance levels. Failure to provide service better than the levels defined generally indicates a need for investigation or corrective action on the part of the utility.

(g) The staff of the commission will monitor all telephone utilities' compliance with 3 AAC 52.200 - 3 AAC 52.340 and will take investigative action where it considers that action appropriate.

History: Eff. 1/5/79, Register 69; am 6/29/84, Register 90; am 6/27/92, Register 122; am 9/20/96, Register 139; am 11/11/2001, Register 160

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.291

AS 42.05.311

AS 42.05.321

AS 42.05.331

AS 42.05.511

AS 42.05.800

AS 42.05.810