Section 3 AAC 52.382 - Reassignment of interexchange carrier of last resort duties(a) The commission may, upon petition or its own motion and after notice and opportunity for hearing, reassign interexchange carrier of last resort obligations for a specified local exchange area to an alternative carrier based on a finding that the alternative carrier is able to fulfill carrier of last resort obligations currently and in the foreseeable future and that reassignment is consistent with the public interest.(b) A petition to reassign interexchange carrier of last resort obligations to an alternative carrier must include(1) a list of the local exchange areas that the petitioner seeks to reassign to an alternative carrier, including a map of the petitioner's facilities in each area:(2) a written description of each facility that the petitioner uses to provide essential interexchange service, including information identifying the entity that owns or controls each facility;(3) a written description of all state-regulated and other services provided over the identified facilities, including information identifying services provided by affiliates or, to the extent known, by third parties;(4) the name of the carrier identified as an alternative interchange carrier of last resort;(5) a general written description of the capability of the alternative carrier to provide essential interexchange service to each local exchange area upon reassignment; and(6) an explanation of how the relevent factors listed in (d) of this section support the petition, including a demonstration(A) that the provision of essential interexchange service in the specified local exchange area will continue without interruption after the reassignment of carrier of last resort obligations; and(B) how the relief requested is consistent with the public interest.(c) An alternative carrier identified in a petition filed under (b) of this section shall, not later than 30 days after service of the petition, submit to the commission either (1) a written description of (A) each facility that the alternative carrier uses to provide essential interexchange service in the local exchange area identified in the petition, including information identifying the entity that owns or controls each facility and a map of the alternative carrier's facilities; and(B) all state-regulated and other services provided over the identified facilities, including information identifying services provided by affiliates or, to the extent known, by third parties; or(2) a dispositive motion filed under 3 AAC 48.091 detailing the reasons why the carrier should not be considered as a potential alternative interexchange carrier of last resort for the local exchange areas identified in the petition filed under (b) of this section.(d) In determining the reassignment of carrier of last resort obligations the commission may consider the following factors for the current interexchange carrier of last resort and the alternative carrier: (1) the experience and relevant technical expertise in the general interexchange market and in the identified local exchange area market;(2) the financial strength and stability of each carrier;(3) the intrastate interexchange facilities each carrier owns or controls in the identified local exchange area;(4) the relative estimated remaining life of facilities owned or used to provide essential interexchange service; (5) the method by which facilities that would be used to provide essential interexchange service were financed;(6) each carrier's market presence, currently and over the past five years, both throughout the state and in the identified local exchange area;(7) whether the facilities that would be used to provide essential interexchange service to the identified local exchange area will have sufficient capacity, currently and in the foreseeable future, to fulfill carrier of last resort obligations; and(8) any other factor the commission determines relevant to reassigning carrier of last resort obligations.Eff. 8/1/2015, Register 215, October 2015Authority:AS 42.05.141
AS 42.05.145
AS 42.05.151
AS 42.05.291
AS 42.05.800