Alaska Commission Retains Telecom Authority
The Regulatory Commission of Alaska will keep general regulatory powers over intrastate telecom providers from Alaska laws AS 42.05.141(a) and AS 42.05.151 despite a deregulatory 2019 law, said an RCA order posted Thursday in docket R-19-002. “The legislature has prescribed…
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for us a very limited but important role in overseeing Alaska telecommunications. Our intent is to fulfill that limited prescribed role completely with care not to exceed it,” the RCA said. "After much thought and deliberation, we conclude, though not unanimously, that to effectively exercise the role given us we need the general powers and rulemaking authority contained in AS 42.05.141(a) and AS 42.05.151. We cannot conclude that the legislature intended to strip us of the tools we need to effectively fulfill the role it gave us.” Legislators meant with the 2019 law to revise the RCA's non-inmate telecom jurisdiction to remove rules on ratemaking and tariffing, give more flexibility to facilities-based carriers to make network and managerial decisions, and “proscribe efforts to distinguish between competitive and non-competitive areas ...and designate and assign duties to carriers of last resort,” the commission said. They intended to preserve RCA authority on access charge ratemaking, eligible telecom carrier designation, Alaska USF, interconnections and joint use oversight, telecom relay service and reviewing new services, transfers and discontinuances, it said. The RCA maintains general rulemaking authority and can still compel reports and data and investigate and respond to complaints, it said. Chairman Robert Pickett and Commissioners Janis Wilson, Antony Scott and Keith Kurber voted for the order Oct. 13. Commissioner Dan Sullivan didn’t vote.