3 AAC 52.367. Online tariff of registered entities

(a) Except as provided in 3 AAC 52.377, a registered entity shall maintain a tariff, in hypertext markup language (HTML), on the Internet at an address associated with the carrier. The entity may maintain the online tariff in additional electronic formats for the convenience of the public, if the versions in the additional formats do not deviate in content from, and are substantially consistent in layout with, the version in hypertext markup language.

(b) In its online tariff, a registered entity may include the following charges, if the entity fully describes those charges in its online tariff, and if the charge complies with the requirements applicable to that charge:

(1) a customer deposit, if the entity's online tariff sets out objective criteria for determining when a customer deposit will be required; the deposit may not exceed the entity's estimate of two months' billings and may not be retained longer than two years unless the customer is delinquent in payment more than once in any 12 consecutive months; however, an alternate operator service provider may not require a customer deposit;

(2) late payment charges for bills not paid 30 days after the later of the billing invoice date or the billing postmark date; the entity may include only the following in a late payment charge:

(A) a one-time late payment fee not exceeding one percent of the unpaid amount;

(B) a finance charge not exceeding .0287 percent of the unpaid amount per day that the amount remains unpaid;

(3) a termination fee for a service with a term commitment, if the

(A) termination fee is clearly stated in the term-of-service contract; and

(B) amount of the termination fee is reasonably related to the discount the customer received before termination and is not punitive.

(c) A registered entity's online tariff must include a table of contents and a section for setting out notices of any proposed tariff revisions, and must set out in plain language a statement of the following:

(1) customer complaint information, including

(A) an address and toll-free telephone number for customer complaints;

(B) a process for resolving complaints with customers;

(D) the commission's address and toll-free telephone number;

(2) a list of each state and municipal tax upon, and fee for, service, and a statement that each state and municipal tax and fee will be listed as a separate line item on a customer's bill;

(3) a statement that any costs sought under AS 09.68.115 (a)(2) for a customer's dishonored check may be charged as a separate line item on a customer's bill;

(4) unless a service is provided statewide, the specific locations where a service is provided;

(5) a list of any special contracts for retail services; the list must identify each customer and the retail service specially provided to that customer;

(6) a statement that any limitation of liability provision in the online tariff is subject to the following:

(A) a registered entity may not disclaim liability for its own gross negligence or willful misconduct;

(B) inclusion of a limitation of liability provision in a registered entity's online tariff does not prevent a court of competent jurisdiction from

(i) determining the validity of the limitation of liability provision, or of any exculpatory clause, under applicable law; or

(ii) adjudicating negligence and consequential damage claims.

(d) At least 30 days before revising a provision of its online tariff, a registered entity shall file with the commission an original and two paper copies of

(1) the proposed tariff revision, and a compact disc or 3.5-inch diskette containing the proposed revised tariff in PC-compatible, hypertext markup language (HTML) format;

(2) 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; and

(3) the public notice of the proposed tariff revision required by (e) and (f) of this section.

(e) Public notice of a proposed tariff revision must be given by

(1) including the notice in the section of the entity's online tariff for proposed tariff revisions; and

(2) delivering the notice to members of the public that request notification of tariff modifications; delivery may be made by mail or electronic mail, at the entity's option.

(f) Public notice of a registered entity's proposed tariff revision must include a plainly written general description of the proposed tariff revision that is accurate and sufficient to alert consumers of any change to a rate or rule applicable to them, and also must include the following specific information:

(1) the date the entity filed or will file the proposed tariff revision with the commission;

(2) the date the entity proposes to make the revision effective;

(3) a statement that the entity's current tariff and proposed revisions are available for review at the entity's office and Internet web site, the address and business hours of the entity's office, and the Internet address of the entity's web site;

(4) a statement that any person may, within 20 days after the date of the notice, file comments on the tariff revision with the commission by mail or by electronic mail;

(5) the commission's address and electronic mail address where comments may be filed.

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

Authority: AS 42.05.141

Editor's note: The address of the Regulatory Commission of Alaska is 701 West Eighth Avenue, Suite 300, Anchorage, Alaska 99501. The commission's toll-free telephone number in this state for consumer complaints is (800) 390-2782. The commission's electronic mail address for filing comments about a revision to an online tariff maintained under 3 AAC 52.367 is rca]mail@rca.state.ak.us.

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