Alaska Communications Local Exchange Line Extension and Construction Policy
This Policy may be revised by posting an updated version on Alaska Communications’ website at https://www.alaskacommunications.com/LineExtension (the page you are currently viewing). Updates will be effective on posting.
Under Alaska law, Alaska Communications currently has no current legal “carrier of last resort” obligation to extend its facilities to provide regulated intrastate services within its regulated service area. The Regulatory Commission of Alaska is in the process of making changes to its governing rules to reflect recent legislation in this area. Alaska Communications will amend this policy in the future, if necessary to remain consistent with its legal and regulatory obligations.
In cases where no existing facilities are available to deliver a requested regulated voice service or broadband service requested by a customer or potential customer (the “Customer”) of Alaska Communications, or in cases where the Customer requests relocation of existing facilities, Alaska Communications may, in its sole discretion, offer to accommodate the request pursuant to this Line Extension and Construction Policy. In cases where Alaska Communications makes such an offer, Alaska Communications will also offer the Customer (if eligible) an allowance of $1,000 (the “Allowance”) to offset the associated costs. When a line extension is needed to deliver service, Alaska Communications will coordinate with the Customer during the process and keep the Customer updated and informed. Design and construction times vary by project. All costs exceeding the Allowance or which are disallowed (as described in Paragraph 4, below) shall be borne in full solely by the Customer, as described herein
All facilities constructed under this policy, including Customer-funded and/or Customer-constructed facilities, are the property of Alaska Communications, which shall determine all routing, construction methods, and material/equipment choices and line capacity in its sole discretion.
- Access Rights
If the Customer is in an area where the use of a private right-of-way is required, and Alaska Communications cannot obtain the required right-of-way or easement at no charge, the Customer may be required to pay the costs of obtaining the right-of-way or easement.
To the extent facilities are constructed under this policy on property owned or controlled by the Customer, the Customer shall be deemed to grant Alaska Communications a perpetual, cost free, right-of-use and access to the property for purposes of constructing, operating, and maintaining the facilities and the Customer will execute any document reasonably prepared by Alaska Communications to reflect and record those rights prior to the commencement of construction.
- Line Extension Charges
Line extension charges apply to construction, relocation, or other deployment of transmission facilities (typically including fiber optic, copper, or fixed wireless equipment) between existing Alaska Communications network facilities and the minimum point of entry into the Customer premises. Chargeable costs include, but are not limited to, costs arising from labor and materials, including supervision, overhead, permitting, construction equipment, and all other related activities. Customer acknowledges that, if any services are to be supplied via fixed wireless facilities, an antenna bracket may penetrate the roof of the Customer’s building or other exterior surfaces and that wiring will be brought through the wall by drilling a hole in the wall, which may, in each case, affect the integrity of those surfaces. Customer is solely responsible for any claims of the owner of the premises arising in connection with such work, and for any costs associated with resultant entry of water or other materials into the premises.
Before undertaking any work, Alaska Communications will provide a preliminary estimate of the line extension costs associated with the Customer’s request, which must be paid in advance with a cashier’s check or other payment method acceptable to Alaska Communications. The payment is non-refundable if service is disconnected.
If, after commencing work, Alaska Communications projects that the actual costs of fulfilling the Customer’s line extension request will exceed the preliminary estimate by more than 20 percent, Alaska Communications may, in its sole discretion, provide a revised estimate to the Customer and suspend work until the Customer makes a further payment to Alaska Communications to reflect the difference between the preliminary and revised estimate. The Customer shall inform Alaska Communications of any changes to the conditions at the site of the line extension or construction work that may reasonably be expected to affect the cost or performance of the work.
At the conclusion of the line extension work, and before Alaska Communications initiates any service to the Customer, the Customer shall make additional payment to Alaska Communications of any costs incurred by Alaska Communications in excess of the estimated amount the Customer has previously paid. Any such amount remaining unpaid more than 30 days after Alaska Communications provides the final invoice to Customer shall accrue interest at a rate of 0.875% per month, or the highest lawful rate, whichever is lower. Alaska Communications will refund any overpayment to the Customer, without interest, should the line extension work cost less than the estimated amount previously paid by the Customer
- Speculative Undertakings
A developer may request a line extension to serve multiple Customer locations in a new-build residential or commercial project or subdivision. Such requests are often speculative or involve risk or delay in the use or non-use of the facilities to be provided. In such cases, Alaska Communications shall require a written agreement with the developer setting forth the amount and any additional conditions for prepayment and surety of the cost of construction. If the developer does not enter into an agreement, then any individual Customer may request extension of Alaska Communications facilities to its specific location as set forth elsewhere in this policy. Mobile-home parks are considered subdivisions.
- Allowance Limitations
The Allowance cannot be applied to cover the following costs:
- extraordinary costs such as boring under a road or driveway, winter construction, rocky terrain, clearing vegetation, or permitting; and
- any other unusual construction or installation costs.
The Customer agrees to pay all such costs without regard for the Allowance.
- Changes from Aerial to Underground Facilities
Customers seeking to replace aerial facilities with underground infrastructure must pay all costs upfront, including
- the cost of dismantling and removing the aerial facilities;
- the cost of burying the cable, including trenching, boring, special backfill, or conduit; and
- all costs for cable installation and turning up service.
- Customer Furnished Facilities
Any pole, line, duct, conduit, or other facilities constructed or furnished by a Customer, or a third party on behalf of a Customer, are subject to the approval of Alaska Communications, which may be granted or withheld in Alaska Communications’ sole discretion. All such facilities must be compliant with specifications furnished by Alaska Communications and Customer must agree in writing that they are for the sole use of Alaska Communications.
- Mobile Home Parks
All provisions of Section 6, above, apply to facilities constructed or furnished by the mobile home park owner or individual Customers. In addition, the following specific provisions apply.
Aerial – The owner of the mobile home park or court is required, at its expense, to:
- Provide, install, and maintain the poles and anchors necessary for Alaska Communications to deploy facilities to serve customers who live in the park;
- Bear the cost to Alaska Communications of deploying such facilities; and
- Provide Alaska Communications with an easement of not less than five feet in width along the entire path where Alaska Communications facilities are placed.
The individual customer living in a mobile home is required, at their expense, to provide, install, and maintain a pole or riser in accordance with the specifications of Alaska Communications.
Underground – Where cable is laid in conduit
- The conduit shall be constructed and maintained at the expense of the owner of the mobile home park;
- Where direct lay cable is installed, the owner will provide and pay for the trench and special backfill. Alaska Communications will place the cable and associated plant at customer’s expense.
- The owner of the mobile home park shall provide, install, and maintain a stub pole or riser at each mobile home space in the park, also in accordance with the specifications of Alaska Communications.
- Customer Requests
For changing from one type of construction to another, when done at the Customer’s request or when required by law, the Customer will pay all costs of constructing the new and removing the old facilities. If the Customer cancels its line extension request, the Customer shall remain liable for all costs incurred by Alaska Communications in connection with the work, including but not limited to the costs of work previously completed, environmental restoration, removal of already-constructed facilities, demobilization, and other windup costs.
For moving existing construction, when done at the Customer’s request or when required by law, the Customer will pay the actual cost, less salvage.
- Limitations of Liability
NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF ANTICIPATED SAVINGS, OR LOSS OF REVENUES OF ANY KIND OR INCREASED COST OF OPERATIONS), WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALASKA COMMUNICATIONS WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: (i) CONSTRUCTION OR DEPLOYMENT DELAYS, WHETHER OR NOT CAUSED BY ALASKA COMMUNICATIONS; (ii) DELAYS OR INTERRUPTIONS IN DELIVERING REQUESTED SERVICES; (iii) UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER’S, USERS’ OR THIRD PARTIES’ PROPERTY, APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK OR SYSTEMS; (iv) 911 SERVICE OR FAILURE THEREOF; OR (v) INTEROPERABILITY,INTERACTION OR INTERCONNECTION PROBLEMS WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER, USERS OR OTHER THIRD PARTIES
ALASKA COMMUNICATIONS’ AGGREGATE LIABILITY UNDER THIS POLICY, WHETHER IN CONTRACT OR TORT OR ANY OTHER THEORY, SHALL NOT EXCEED THE AMOUNT OF THE CUSTOMER’S PREPAYMENT OF COSTS PURSUANT TO SECTION 2.
- Disclaimer of Warranties
ALASKA COMMUNICATIONS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ALASKA COMMUNICATIONS DOES NOT WARRANT THAT THE FACILITIES CONSTRUCTED HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THEY WILL SUPPORT SERVICES MEETING CUSTOMER’S REQUIREMENTS. ALASKA COMMUNICATIONS DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND CUSTOMER SHOULD NOT RELY ON ANYONE MAKING SUCH STATEMENTS. ALASKA COMMUNICATIONS MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE CORRECTLY ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911).
- Severability and Waiver
If any provision of this Policy is or becomes illegal, invalid or unenforceable, that provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the validity or enforceability of the remaining provisions of this Policy. No failure or delay on the part of Alaska Communications in exercising any right hereunder and no course of dealings between the Alaska Communications and the Customer will operate as a waiver of any provision hereof. No waiver by Alaska Communications of any provision of this Policy shall be binding unless made in writing.
- Relationship between Customer and Alaska Communications
The relationship between the Customer and Alaska Communications is that of independent contractors and not of partners, affiliates, joint venturers, or the like. Nothing in this Policy shall be deemed to constitute a partnership between them, a joint venture, or a merger of their assets or their fiscal or other liabilities or undertakings. Neither Alaska Communications nor Customer shall have the right to bind the other, except as expressly provided for herein.
- Governing Law
Any disputes arising under this Policy shall be governed by the laws of the state of Alaska, without reference to its conflict of laws principles, with venue located in Anchorage, Alaska. Customer hereby irrevocably consents to the jurisdiction and venue of the state and federal courts located in Anchorage, Alaska.
- Alaska Communications’ Proprietary Right
Customer agrees that any and all intellectual property rights (the “IP Rights”) held by Alaska Communications are and shall remain the exclusive property of Alaska Communications and/or its licensors. Nothing in this Policy is intended to or shall transfer any IP Rights to, or to vest any IP Rights in the Customer. Customer will not take any action to jeopardize, limit or interfere with any IP Rights. Customer agrees that any unauthorized use of the IP Rights is a violation of this Policy, as well as a violation of applicable intellectual property laws, and that Alaska Communications shall be entitled to seek any and all damages arising from such unauthorized use. Customer may not copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer any of Alaska Communications’ technology or software for any purpose whatsoever.
- Merger
This Policy, together with the letter, if applicable, signed by Alaska Communications and the Customer setting for the details of a line extension project, including any exhibits and Addendums, represent the entirety of the terms governing line extension and construction work between Alaska Communications and the Customer, and supersedes and cancels all previous negotiations, agreements or commitments (whether written or oral) with respect to the subject matter hereof. This Policy may only be modified or amended Alaska Communications, in its sole discretion. The headings in this Policy are for convenience of reference and shall not affect its construction or interpretation.
Alaska Communications Line Extension Policy v2 REV 2025.02.03