Pending Alaska Bill Complicates Agency's Telecom Rulemaking

Alaska telecom industry groups urged state regulators to slow the pace of an already delayed proceeding to craft phone deregulation rules. The Regulatory Commission of Alaska had initially required comments by May in a renewed effort to implement SB-83, Alaska's 2019 telecom deregulation law (see [Ref:2404100058). However, because Alaska lawmakers approved a bill (HB-307) earlier that month clarifying the RCA’s telecom powers, it extended the comments deadline until July 29. However, the legislature only transmitted the bill to Gov. Mike Dunleavy (R) July 16, and he hasn’t signed it. On July 22, the Alaska Telecom Association (ATA) sought another extension at the RCA, but an agency spokesperson said Monday that it wasn’t granted. If HB-307 becomes law, the RCA’s proposed rules “may no longer be appropriate or applicable,” ATA wrote last week. The group suggested that the RCA provide 90 more days, until Oct. 28, to file comments so that parties can “provide thorough, constructive comments -- particularly comments that include proposed alternative regulation amendments in light of any statutory changes.” The Matanuska Telecom Association said Monday that the RCA “should not, and cannot, adopt the regulations noticed on April 12, 2024.” MTA agreed with ATA that the proceeding should be extended, saying that stakeholders “cannot adequately prepare useful, substantive comments, or alternative regulations proposals … while HB 307 awaits action before the Governor,” it said. Dunleavy has until Aug. 8 to sign or veto HB-307, the governor’s spokesperson said Tuesday. The bill would also become law if the governor didn’t sign it by that date. ATA Executive Director Christine O’Connor thinks the matter ultimately “will work out fine,” with another opportunity to weigh in likely to come, she said Tuesday. “The RCA still needs to issue draft regulations” for implementing SB-83 and HB-307, which would trigger another round of comments, she said.