Title 3 . Commerce, Community, and Economic Development

Chapter 53 . Telecommunications

Section 243. Retail services for which there is no dominant carrier

3 AAC 53.243. Retail services for which there is no dominant carrier

(a) This section applies to retail services other than retail services specified in 3 AAC 53.220(c) or provided for under 3 AAC 53.220(e) if there is no local exchange carrier in the competitive local exchange market with dominant carrier status for the services.

(b) A nondominant carrier shall maintain a current tariff of retail rates and all special contracts for retail rates at the carrier's primary business office and shall provide a summary of the current tariff and the special contracts on the carrier's web site. The carrier must notify the commission of the Internet address, including any changes to the address.

(c) Without approval of the commission, and after compliance with the requirements of (d) and (e) of this section, a local exchange carrier may implement,

(1) from September 16, 2005 through June 30, 2010, rate changes that do not involve a proposed increase to a carrier's residential or single-line business basic line charges of more than eight percent in the calendar year;

(2) after June 30, 2010, retail rate changes for local exchange services;

(3) new and repackaged services; and

(4) a bundled service that includes a local exchange service component unless the bundled service also includes a discounted intrastate interexchange component.

(d) In connection with any changes to the services offered by a carrier under (c) of this section, the carrier shall, before offering the service,

(1) post a notice summarizing the new or changed offer on the carrier's web site before offering the service, with the notice remaining on the carrier's web site for at least 30 days after the service change is implemented;

(2) file with the commission an informational filing that includes a copy of the tariff sheets and a letter identifying

(A) existing rates for the service, if applicable;

(B) proposed rates for the service; and

(C) a summary of all rate changes, including the percentage increase or decrease to the rate, for that service during that calendar year;

(3) submit by electronic mail, an electronic version of any revised tariff sheets and cover letter to any consumer that requests electronic mail notification from the carrier.

(e) A tariff revision that does not comply with the requirements of (c) of this section must be submitted under 3 AAC 53.240.

(f) The provisions of 3 AAC 48.220(c) do not apply to special contracts for services where there is no dominant carrier. Unless a petition for confidential treatment is filed under 3 AAC 48.045, a local exchange carrier may implement a special contract without approval of the commission by

(1) posting on the carrier's web site a summary of the services offered, a list of the parties to the special contract, and a statement that the special contract is available for inspection at the commission's office; and

(2) filing with the commission

(A) a cover letter referencing that the informational filing is submitted under 3 AAC 53.243;

(B) an update of the carrier's list of special contracts; and

(C) a complete copy of the new special contract.

(g) A special contract that does not comply with the requirements of (f) of this section or includes a service for which there is a dominant carrier must be submitted under 3 AAC 53.240.

(h) The commission will deny and require modification of rates or terms or conditions of service that

(1) grant a customer an unreasonable preference or advantage; or

(2) subject a customer to an unreasonable prejudice or disadvantage.

History: Eff. 9/16/2005, Register 175

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.241

AS 42.05.431

AS 42.05.711

AS 42.05.990