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HB 550: "An Act setting a timeline for decisions of the Regulatory Commission of Alaska; relating to competitive telecommunications markets; and providing for an effective date."

00 HOUSE BILL NO. 550 01 "An Act setting a timeline for decisions of the Regulatory Commission of Alaska; 02 relating to competitive telecommunications markets; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 42.05.175 is amended by adding a new subsection to read: 06 (k) The commission shall issue a final order in a proceeding not described in 07 (a) - (e) of this section not later than 12 months after a complete petition is filed or, 08 when the commission initiates a proceeding, not later than 12 months after the order 09 initiating the proceeding is issued. 10 * Sec. 2. AS 42.05 is amended by adding new sections to read: 11 Sec. 42.05.433. Telecommunications services in a competitive market. (a) 12 A local exchange carrier may petition the commission for a determination that one or 13 more of its markets is a competitive service area. The commission shall, within 90 14 days, grant or reject the petition. If the commission fails to act within 90 days after the

01 submission of the petition, the petition shall be considered granted. A determination 02 that a market is competitive exempts all local exchange carriers from retail tariff filing 03 requirements for that market. 04 (b) The commission may deny a petition filed under (a) of this section only 05 upon a written finding and order that, based on a preponderance of the evidence, the 06 market does not constitute a competitive service area. 07 (c) A local exchange carrier in a market that might be affected by a 08 competitive market determination under (a) of this section may petition the 09 commission for a stay in any proceeding before the commission that could be affected 10 by a competitive market determination. A competitive market determination granted 11 under (a) of this section operates to dismiss the same issue in any other proceeding 12 stayed under this subsection. If a competitive market determination is the only issue 13 in a stayed proceeding, the entire proceeding is terminated as of the date of the 14 determination under (a) of this section. If the petition for a competitive market 15 determination is not granted under (a) of this section, the stayed proceeding resumes 16 on the date the petition under (a) of this section is denied. The period of time during 17 which a matter is stayed under this subsection is not counted in the calculation of time 18 for issuance of the final order in the matter under AS 42.05.175. 19 (d) A local exchange carrier granted a retail tariff exemption under (a) of this 20 section is, with regard to retail service in competitive service areas, exempt from the 21 following provisions of this chapter: AS 42.05.361, 42.05.371, 42.05.381, 42.05.391, 22 42.05.411, 42.05.421, and 42.05.431. 23 (e) A local exchange carrier providing services in a competitive service area 24 may structure its company in any manner not otherwise prohibited by federal or state 25 law. Business units are not required to be separate, and local exchange service 26 providers and affiliates may jointly own and operate infrastructure, networks, 27 switches, and other facilities. Providers and affiliates may exercise joint and common 28 use of all resources and employees. 29 (f) A local exchange carrier providing services in a competitive service area 30 may offer combinations of products and services. Products and service combinations 31 may include multiple local exchange products and services or may combine local with

01 nonlocal products and services. 02 (g) A local exchange carrier in a competitive service area may market the 03 products, plans, and services of a long-distance carrier affiliated with the local 04 exchange carrier. 05 (h) In this section, 06 (1) "competitive service area" means an area served by a local 07 exchange carrier in which at least 75 percent of all retail customers have a choice of 08 facilities-based service providers; the area may be 09 (A) the entire service area; or 10 (B) if the entire service area is not competitive, specifically 11 identified communities within the service area that are competitive; 12 (2) "facilities-based service provider" means a telephone utility that 13 offers a portion of its products and services by means of facilities it owns and operates 14 or by means of facilities and unbundled network elements it leases from another 15 provider, or any combination of facilities owned and leased; in this paragraph, 16 (A) "network element" means a facility or equipment used in 17 the provision of a telecommunications service; 18 (B) "unbundled" has the meaning given in 47 U.S.C. 251(c)(3); 19 (3) "retail" means services or products sold directly to the actual user 20 of the services or products. 21 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).