Before the

Federal Communications Commission

Washington, D.C. 20554

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | CC Docket No. 95-182         |
|                                  | * |                              |
| Investigation of Alascom, Inc.,  | ) | Transmittal No. 1088         |
|                                  | * |                              |
| Interstate Transport and         | * |                              |
| Switching Services               |   |                              |
|                                  | * |                              |
| Alascom, Inc.                    | * |                              |
|                                  | ) |                              |
| Revisions to Tariff F.C.C. No.   | * |                              |
| 11                               | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

ORDER

**Adopted:** December 23, 1999 **Released:** December 28, 1999

By the Chief, Competitive Pricing Division, Common Carrier Bureau:

# introduction

1.  On November 24, 1999, Alascom, Inc. (Alascom), filed Transmittal No.
    1088 to revise its Tariff F.C.C. No. 11 (Tariff No. 11) for the
    dominant common carrier interexchange services that it provides in
    Alaska (Alaska Services).[^1] These proposed tariff revisions are
    scheduled to become effective January 1, 2000. These revisions
    increase and/or decrease certain per minute of use Transport and
    Switching rates for Intra-Alaska Bush and Non-Bush locations
    (between Alaska LEC offices and Alascom Switching Center in Alaska);
    and reduce certain Bush and Non-Bush rates for Alaska/Continental
    United States Transport (between Anchorage and Portland,
    Oregon).[^2] In this Order, we suspend the effectiveness of the
    above transmittal for one day, set it for investigation, consolidate
    this investigation into the investigation initiated in the
    *Transmittal 790 Suspension Order*,[^3] and impose an accounting
    order.

2.  On December 9, 1999, General Communications, Inc. (GCI) filed a
    petition to suspend and investigate the above transmittal. Alascom
    responded on December 16, 1999.

# CONTENTIONS

3.  GCI asks the Commission to suspend the above transmittal, order an
    investigation, consolidate that investigation with the
    previously-ordered investigations of earlier Alascom Tariff No. 11
    transmittals, and issue an accounting order.[^4] GCI contends that
    Tariff No. 11 is unlawful and that the above transmittal violates
    Joint Board and Commission orders and raises the same issues
    addressed in the petitions filed by GCI and others with respect to
    earlier Tariff No. 11 transmittals.[^5] GCI claims that there is no
    basis for different Bush/non-Bush per minute rates because Alascom
    has only one switch located in Anchorage which serves both Bush and
    non-Bush areas.[^6] GCI further claims that changes in transport
    rates produced by the Alascom cost study are not consistent with
    changes in expenses and investments delineated by GCI in its
    petition.[^7] Finally, GCI urges the Commission to commence the
    long-standing Alascom Tariff No. 11 investigation without further
    delay.[^8]

4.  In response to GCI's petition, Alascom does not object to a one-day
    suspension of Transmittal No. 1088, inclusion of it in the pending
    investigation and the application of the accounting order already in
    place.[^9] Alascom states that the revisions to the switching and
    transport rates reflected in Transmittal No. 1088 are based upon the
    Commission approved computer model functions in its Cost Allocation
    Plan and are just and reasonable. At the same time, Alascom urges
    the Commission to dismiss the pending investigation and indirectly
    seeks some recision of the current regulatory paradigm.[^10]

# discussion

5.  We have reviewed the above transmittal, its supporting materials,
    and the petition and reply. We find that Transmittal No. 1088 raises
    the same issues regarding rate levels, rate structures, and terms
    and conditions of service as those identified in the *Transmittal
    790 Suspension Order*. For example, the proposed tariff revisions,
    like those in the earlier Alascom Transmittal Nos. 790, 797, 807,
    852, 921, 933, 937, 941, 942, and 993 raise the questions regarding
    the adequacy of Alascom's cost support and the extent to which the
    rates, terms, and conditions in the proposed tariff comply with the
    Communications Act and relevant Commission orders. We conclude,
    therefore, that significant questions of lawfulness exist concerning
    Alascom's Transmittal No. 1088. Accordingly, we suspend the
    provisions of Transmittal No. 1088 for one day, set those provisions
    for investigation, and consolidate that investigation with the
    investigation initiated in the *Transmittal 790 Suspension Order*.
    These rate changes will also be subject to an accounting order to
    facilitate any refunds that may later be necessary. Our accounting
    order will ensure that GCI, and other Tariff No. 11 customers, will
    be able to receive refunds of any amounts improperly charged should
    the Commission ultimately determine that Alascom's tariff is
    unlawful.

# ordering clauses

6.  Accordingly, IT IS ORDERED that, pursuant to Section 204(a) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 204(a), and
    through the authority delegated pursuant to Sections 0.91 and 0.291
    of the Commission's Rules, 47 C.F.C. §§ 0.91 and 0.291, the
    revisions to Alascom, Inc., Tariff F.C.C. No. 11 contained in
    Transmittal No. 1088 ARE SUSPENDED for one day from its effective
    date and an investigation of that tariff transmittal is instituted
    and incorporated within CC Docket No. 92-182.

7.  IT IS FURTHER ORDERED that Alascom, Inc., SHALL FILE tariff
    revisions within five business days of the release date of this
    Order to reflect this suspension.

8.  IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 204(a) of
    the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i)
    204(a), and through the authority delegated pursuant to Sections
    0.91 and 0.291 of the Commission's Rules, 47 C.F.R. §§ 0.91, 0.291,
    Alascom, Inc., SHALL KEEP ACCURATE ACCOUNT of all amounts received
    by reason of the rates that are the subject of this investigation.

9.  IT IS FURTHER ORDERED that the petition to suspend and investigate
    Alascom Transmittal No. 1088 filed by General Communications, Inc.
    IS GRANTED to the extent indicated herein.

    FEDERAL COMMUNICATIONS COMMISSION

    Jane E. Jackson

    Chief, Competitive Pricing Division

    Common Carrier Bureau

[^1]: ^?^ The Alaska Services offered by Alascom have been established
    to enable other domestic interexchange carriers to provide
    telecommunications service to and from Alaska. *See* Integration of
    Rates and Services for the Provision of Communications by Authorized
    Common Carriers between the Contiguous States and Alaska, Hawaii,
    Puerto Rico and the Virgin Islands, CC Docket No. 83-1376, 9 FCC Rcd
    3023 (1994).

[^2]: ^?^ Alascom, Inc., Revisions to Tariff F.C.C. No. 11, Trans. No.
    1088, filed November 24, 1999, Description and Justification at 2-3.

[^3]: ^?^ Alascom, Inc., Tariff F.C.C. No. 11, Trans. No. 790, CC Docket
    No. 95-182, 11 FCC Rcd 3703 (Com.Car.Bur. 1995) (*Transmittal 790
    Suspension Order)*(suspending and investigating Alascom Transmittal
    Nos. 790 and 797).

[^4]: ^?^ GCI Petition at 2.

[^5]: ^?^ GCI Petition at 1-2.

[^6]: ^?^ GCI Petition at 3-4.

[^7]: ^?^ GCI Petition at 4.

[^8]: ^?^ GCI Petition at 2 & 5. GCI also asks that, as part of the
    investigation, the Commission require Alascom to provide all of its
    cost models and its cost study in electronic format.

[^9]: ^?^ Alascom Response at 1.

[^10]: ^?^ Alascom Response at 1-2.