Section 3.52.350. Applicability, finding, purpose, and waiver.

	(a)  The provisions of 3 AAC 52.350 - 3 AAC 52.399 apply to all interexchange carriers and alternate operator service providers that furnish intrastate interexchange telephone service within this state.  
	(b)  The commission finds that the competitive provision of intrastate interexchange telephone service in accordance with the provisions of 3 AAC 52.350 - 3 AAC 52.399 is required by the public convenience and necessity.  
	(c)  The purpose of 3 AAC 52.350 - 3 AAC 52.399 is to allow competition in the provision of intrastate interexchange telephone service to the extent possible while maintaining and promoting universal intrastate interexchange telephone service at geographically averaged rates.  
	(d)  Notwithstanding (a) - (c) of this section, 3 AAC 52.350(b), 3 AAC 52.358, and 3 AAC 52.360 do not apply to an interexchange carrier that is also an incumbent local exchange carrier. An incumbent local exchange carrier may file an application to provide intrastate interexchange telephone service under 3 AAC 48.600 - 3 AAC 48.661.  
	(e)  Unless otherwise required under AS 42.05,  a requirement in 3 AAC 52.350 - 3 AAC 52.399 may be modified or waived, in whole or in part, by order of the commission and a showing of good cause or on the commission's own motion. An applicant shall file and the commission will consider an application in accordance with 3 AAC 48.805.  

Authorities

42.05.141;42.05.151;42.05.221;42.05.325;42.05.711;42.05.810

Notes

Reference

3 AAC 52.350
3 AAC 52.390
3 AAC 52.399

Authority

AS 42.05.141 AS 42.05.151 AS 42.05.221 AS 42.05.325 AS 42.05.711 AS 42.05.810

History

Eff. 3/16/91, Register 117; am 5/18/2003, Register 166