Alaska Commission Acts to Keep AUSF Alive
The Regulatory Commission of Alaska (RCA) adopted emergency regulations to extend the Alaska USF (AUSF) until Oct. 29. At a partially virtual meeting Wednesday, commissioners voted 4-0 for draft rules that largely track with a Department of Law (DOL) proposal last month, but with two changes that respond to industry concerns. Also, commissioners unanimously agreed to extend the statutory deadline for docket R-21-001 by 90 days until Sept. 27. This will give the RCA time to adopt a three-year extension through regular procedure. AUSF stakeholders applauded the commission's actions.
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Alaska commissioners declared an emergency last week, with the current AUSF rules due to sunset June 30 (see 2305310056). RCA staff will next send the rules adopted Wednesday to the lieutenant governor, said Administrative Law Judge Laura Barson. The rules will take effect July 1 and last 120 days. But upon delivery to the lieutenant governor, the RCA will release a notice about the emergency rules and seek comment on permanent regulations that would extend AUSF by three years, the ALJ said. “We are moving forward to a 30-day notice period under the Administrative Procedure Act that will begin in roughly the next seven to 10 days.”
The adopted rules mostly mirror DOL’s May 5 proposal, but with two key changes, said Barson. The DOL proposed removing network access fee revenue as a funding source, but the final version incorporates it with different wording, the ALJ said. The change means a $1 million reduction to annual AUSF contributions, she said. Also, the emergency regulations say a local exchange carrier that previously received essential network support shall every month receive one-twelfth the amount that ENS received in 2022. ENS will be frozen at that level, subject to reduction, it said. RCA Chairman Keith Kurber said he was encouraged that only a couple areas from the DOL plan needed change.
It’s good that AUSF will continue, said Alaska Chief Assistant Attorney General Jeff Waller of the Regulatory Affairs & Public Advocacy (RAPA) section. RAPA’s message to the RCA had been simple, he told us: “Just make sure it continues.” State legislators might consider a long-term fix in the 2024 session, said Waller, saying he hopes they don’t wait any longer.
The Alaska Telecom Association fully supports what commissioners adopted Wednesday, emailed Executive Director Christine O’Connor: The emergency rules “preserve the AUSF's critical role helping to keep Alaskans connected. The Alaska Remote Carrier Coalition “is pleased this important revenue stream will continue to bring benefits to Alaskans living in remote locations,” said the group’s representative, VantagePoint Vice President-Public Policy Jeff Smith. AUSF “helps keep rural Alaskans connected with affordable service,” said an Alaska Communications spokesperson: “We’re pleased with the RCA’s decision to continue this important program.”
The Matanuska Telecom Association “is actively monitoring the evolving situation regarding the sunset of the Alaska USF,” said CEO Michael Burke. “Our primary goal is to ensure our members are protected and continue to receive affordable, high-quality voice service throughout this regulatory transition.”