Determination that AS 42.20.10 is preempted by Section 253 of the Telecommunications Act of 1996, 47 U.S.C. 253 (Alaska)

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February 20, 1998
The Honorable John Shively, Commissioner
Department of Natural Resources
400 Willoughby Avenue
Juneau, AK 99801-1724
Sam Cotten, Chair
Alaska Public Utilities Commission
1016 W. 6th Avenue
Anchorage, AK 99501-1963
Phyllis Johnson, General Counsel
Alaska Railroad Corporation
P.O. Box 107500
Anchorage, AK 99510-7500 Re: Enforceability of AS 42.20.010
A.G. file no: 661-97-0586
1998 Op. Att �y Gen. No. 1
Dear Commissioners Shively and Cotten and Counselor Johnson:
This office has received requests from the Alaska Public Utilities Commission, the
Department of Natural Resources, and the Alaska Railroad Corporation for an opinion on the
enforceability of AS 42.20.010.
1 This question has arisen because Alaska Fiber Star LLC has
With all related headings, AS 42.20.010 reads: AS 42.20. TELEGRAPH AND TELEPHONE SYSTEMS AND CABLE
LINES
Article 01. OWNERSHIP
Sec. 42.20.010. Establishment by foreigners prohibited.
Telegraph or cable lines owned or operated or controlled by persons not
1

The Honorable John Shively, Sam Cotten, and Phyllis Johnson February 20, 1998

The Honorable John Shively, Sam Cotten, and Phyllis Johnson February 20, 1998

The Honorable John Shively, Sam Cotten, and Phyllis Johnson February 20, 1998

The Honorable John Shively, Sam Cotten, and Phyllis Johnson February 20, 1998

The Honorable John Shively, Sam Cotten, and Phyllis Johnson February 20, 1998

The Honorable John Shively, Sam Cotten, and Phyllis Johnson February 20, 1998

The Honorable John Shively, Sam Cotten, and Phyllis Johnson February 20, 1998

The Honorable John Shively, Sam Cotten, and Phyllis Johnson February 20, 1998