Section 3.52.383. Elimination of interexchange carrier of last resort duties.

	(a)  The commission may, upon petition or its own motion and after notice and opportunity for hearing, terminate carrier of last resort obligations without reassignment for a local exchange area based on a finding that  
		(1) more than one interexchange carrier, including the carrier of last resort, owns or controls all facilities necessary to provide essential interexchange service to the local exchange area for which interexchange carrier of last resort obligations are to be terminated without reassignment; and  
		(2) the termination of interexchange carrier of last resort obligations is consistent with the public interest.  
	(b)  A petition to terminate interexchange carrier of last resort obligations without reassignment must include  
		(1) a list of the local exchange areas where the petitioner seeks to terminate its carrier of last resort obligations, 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 in each local exchange area identified in the petition, including information regarding which facilities the carrier owns or controls;  
		(3) the name of each interexchange carrier currently providing essential interexchange service in each local exchange area identified in the petition; and  
		(4) a demonstration that  
			(A) more than one interexchange carrier, including the carrier of last resort, owns or controls all facilities necessary to provide essential interexchange service in each local exchange area identified in the petition and that market conditions conducive to competitive facilities-based intrastate interexchange service in each local exchange area will continue in the foreseeable future; and  
			(B) the requested relief is consistent with the public interest.  
	(c)  An interexchange carrier that owns or controls facilities in a local exchange area where carrier of last resort obligations have been terminated shall notify the commission, in writing, 60 days in advance of its plan to exit the market for facilities-based essential interexchange service.  
	(d)  The commission may designate an interexchange carrier of last resort for a local exchange area over which carrier of last resort obligations have been terminated, after considering the factors provided in 3 AAC 52.382(d) and finding that the designation is consistent with the public interest.  

Authorities

42.05.141;42.05.145;42.05.151;42.05.291;42.05.800

Notes

Authority

AS 42.05.141 AS 42.05.145 AS 42.05.151 AS 42.05.291 AS 42.05.800

History

Eff. 8/1/2015, Register 215