Title 3 . Commerce, Community, and Economic Development

Chapter 52 . Telecommunications

Section 358. Registration

3 AAC 52.358. Registration

(a) Unless required by 3 AAC 52.360(a) to have a certificate of public convenience and necessity, an entity proposing to provide intrastate interexchange telephone service or alternate operator service shall register with the commission in accordance with this section.

(b) Except as provided in (c) of this section, an entity registering under this section shall submit a registration fee of $100, and shall file the following information on a form prescribed by the commission:

(1) the entity's legal name and the name under which the entity proposes to do business;

(2) the addresses of the entity's principal national place of business and, if different, its place of business in this state;

(3) the name, title, and telephone number of the individual who is available to provide the commission with information about the registration;

(4) the entity's type of business structure, including proof of incorporation and the name and address of the entity's registered agent if applicable;

(5) proof of the entity's authority to do business in this state;

(6) a list of the owners of five percent or more of the entity's equity;

(7) a list of persons or entities that are affiliated interests of the registrant entity;

(8) a list of all administrative and judicial proceedings that resulted in

(A) suspension, revocation, or denial of the authority, license, or certification of the entity or its officers, directors, or affiliates to provide utility services;

(B) a reprimand, penalty, or conviction of the entity or its officers, directors, or affiliates related to operations, gross misrepresentations, fraudulent transactions, or securities violations; or

(C) an adjudication of bankruptcy or a reorganization in bankruptcy of the entity or its officers, directors, or affiliates;

(9) a list of all cases and locations in which the entity, or its officers, directors, or affiliates, have abandoned service in violation of applicable statutes, regulations, or orders;

(10) a list of the names, titles, and responsibilities of key management now employed or to be employed by the entity, and resumes for each person;

(11) a list of all services proposed, together with an explanation of the entity's technical ability to provide the proposed services;

(12) a copy of the entity's initial online tariff maintained in accordance with 3 AAC 52.367;

(13) a completed verification, on a form prescribed by the commission, and signed by the person authorized to sign on behalf of the entity, that the entity's tariff complies with AS 42.05 and this chapter;

(14) the Internet address of the entity's online tariff;

(15) an explanation as to whether resold services will be obtained from

(A) another carrier's intrastate wholesale tariff;

(B) another carrier's intrastate retail tariff;

(C) an interstate contract or tariff; or

(D) some other mechanism;

(16) a verification signed by the person authorized to sign on behalf of the entity that all of the information provided in the registration is true, accurate, and complete.

(c) An interexchange carrier that has obtained a certificate of public convenience and necessity to provide intrastate interexchange telecommunications service shall register under this subsection within six months after May 18, 2003, if after that date the carrier is no longer required to be certificated under 3 AAC 52.360(a) . A certificated interexchange carrier registering under this subsection shall return its certificate and submit a registration fee of $100 to the commission. The carrier shall provide the information listed in (b)(1) - (b)(3), (b)(12), (b)(13), and (b)(14) of this section on a form prescribed by the commission.

(d) An entity registering under this section shall have tariffed rates no greater than the maximum rates listed in this subsection, except that these maximum rates do not apply to prepaid calling card services provided in accordance with 3 AAC 52.377:

(1) for flat-rate per minute calls, $.35 per minute;

(2) for daytime mile-sensitive calls, the rates shown in the following table:

Mileage Band Initial Minute Each Additional Minute 0 - 34 $0.33 $0.13 35 - 64 $0.37 $0.17 65 - 94 $0.41 $0.21 95 - 124 $0.44 $0.24 125 - 154 $0.47 $0.27 155 - 184 $0.50 $0.29 185 - 214 $0.54 $0.33 215 - 274 $0.57 $0.36 275 - 334 $0.59 $0.38 335 - 394 $0.59 $0.38 395 - 454 $0.59 $0.38 455 or greater $0.59 $0.38

(3) for evening mile-sensitive calls, 80 percent of the applicable daytime maximum rate set out in (2) of this subsection; the evening rate period is Sunday through Friday from 5:00 p.m. through 10:59:59 p.m.;

(4) for night and weekend mile-sensitive calls, 50 percent of the applicable daytime maximum rate set out in (2) of this subsection; the night and weekend rate period is

(A) Monday through Sunday, from 11:00 p.m. through 7:59:59 p.m.;

(B) all day Saturday;

(C) all day Sunday except 5:00 p.m. through 10:59:59 p.m.;

(D) January 1, known as New Year's Day;

(E) the third Monday in January, known as Martin Luther King, Jr.'s Birthday;

(F) the third Monday in February, known as Presidents' Day;

(G) the last Monday in May, known as Memorial Day;

(H) July 4, known as Independence Day;

(I) the first Monday in September, known as Labor Day;

(J) the second Monday in October, known as Columbus Day;

(K) October 18, known as Alaska Day;

(L) November 11, known as Veterans Day;

(M) the fourth Thursday in November, known as Thanksgiving Day; and

(N) December 25, known as Christmas Day;

(5) for directory assistance calls, $1 per call;

(6) for a surcharge for originating a call from a pay telephone, $.30 per call;

(7) for a surcharge for customer-dialed operator-assisted calls, $.50 per call;

(8) for a surcharge for operator-dialed customer-assisted calls, $1.55 per call;

(9) for a surcharge for person-to-person operator-assisted calls, $3 per call.

(e) An entity registering under this section shall

(1) submit a $5,000 bond if it requires the prepayment of services;

(2) submit a $1,000 bond if it does not require the prepayment of services;

(3) charge only rates that are geographically averaged statewide;

(4) maintain an online tariff in accordance with 3 AAC 52.367;

(5) list all state and local taxes and fees as separate line items on a customer's bill;

(6) modify its online tariff only after providing 30 days' notice to the commission and the public in accordance with 3 AAC 52.367;

(7) notify each new customer and annually notify existing customers that they may opt to receive notice of tariff revisions by electronic mail or by mail as provided in 3 AAC 52.367(e) (2);

(8) report all intrastate minutes as required under 3 AAC 52.380; and

(9) pay all intrastate access charges required under AS 42.05 and 3 AAC 48.440 and by applicable access charge tariffs.

(f) An entity registering under this section may not

(1) offer untariffed intrastate interexchange service; or

(2) tariff services that it is not prepared to provide as of the effective date in its tariff.

(g) An entity registered under this section shall, on or before January 31 of each year, renew its registration by filing a form prescribed by the commission. The registration renewal must include a statement of any changes to information submitted with the entity's registration, an annual registration renewal fee of $50, and a verification that the entity is in compliance with the requirements of (e) and (f) of this section.

(h) The commission will verify receipt of a registration or registration renewal by returning a numbered registration or registration renewal receipt marked with the date the commission received the filing.

(i) Unless notified that its registration is rejected, the entity registering under this section may begin operation 45 days after the date the commission received the registration. Commission staff may reject an incomplete registration without prejudice to refiling. If the commission rejects the registration with a finding that the entity is not fit, willing, or able to provide the proposed service, the entity may request a hearing.

(j) If the commission learns of a defect in a registration or registration renewal after an entity begins operation, the commission may issue an appropriate order to address the defect, including an order suspending the entity's operating authority, or requiring additional information. If the commission suspends an entity's operating authority under this section, the suspension will be stayed if the entity requests a hearing within ten days after the date of the order. A defect in a registration includes incomplete, inaccurate, or misleading information.

History: Eff. 5/18/2003, Register 166

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.361

AS 42.05.381

AS 42.05.411

AS 42.05.431

AS 42.05.661

AS 42.05.711

AS 42.05.810