Honorable John A. Garner, 081519 ALAGO, AGO 2019-037

Case DateAugust 15, 2019
CourtAlabama
Honorable John A. Garner
AGO 2019-037
No. 2019-037
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
August 15, 2019
         Honorable John A. Garner          Executive Director          Alabama Public Service Commission          Post Office Box 304260          Montgomery, Alabama 36130-4260          Public Service Commission -Utilities - Fees - Montgomery County          Pursuant to section 37-2A-10.1 of the Code of Alabama, the difference in fees paid by the telecommunication carrier for fiscal year 2015 and the amount of the fees calculated pursuant to section 37-2-41 of the Code of Alabama for fiscal year 2015 equals the total fee reduction the carrier is entitled to deduct over the course of fiscal years 2017, 2018, and 2019.          This total of $1,124,500 is to be divided into three equal installments and this equal amount of $374,833 is deducted from the supervision and inspection fees for each of the fiscal years 2017, 2018, and 2019.          Dear Mr. Garner:          This opinion of the Attorney General is issued in response to your request on behalf of the Alabama Public Service Commission.          QUESTIONS          (1) Pursuant to section 37-2A-10.1 of the Code of Alabama what is the total fee reduction a telecommunications carrier is entitled to over the course of fiscal years 2017, 2018, and 2019?          (2) Assuming the total difference in fees is $1,124,500, is the reduction achieved in three equal installments of $374,833 each year over the course of fiscal years 2017, 2018, and 2019?          FACTS AND ANALYSIS          Your request states that the Public Service Commission ("PSC") has a dispute with a regulated telecommunications carrier regarding the interpretation of the provisions of section 37-2A-10.1 of the Code of Alabama, which states as follows:
For fiscal years 2017, 2018, and 2019, supervision and inspection fees for telecommunications carriers subject to Section 37-2A-10(l), (2), or (4) shall be reduced in three
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