Mission
To ensure a regulatory balance between regulated
companies and consumers in order to provide consumers with safe, adequate and
reliable services at rates that are equitable and economical.
History
The Alabama Public Service Commission was designated as such in 1915 by the Alabama
Legislature. The Commission evolved from the Railroad Commission of Alabama, which was
created in 1881 to regulate railroads. The Commission has always been composed of three
elected members: a president and two associate commissioners.
Between 1881 and 1915, the Legislature extended the Railroad Commission’s jurisdiction to
include express companies, sleeping car companies, railroad depots and terminal stations.
In addition, the Commission’s jurisdiction was broadened to include the regulation of telephone
and telegraph companies, transportation companies operating as common carriers over water and
operators of toll bridges, toll ferries, and toll roads. The Commission was also charged with the
regulation of utilities providing electricity, gas, water, and steam, companies operating streets
or inter-urban railways, as well as rail and communication companies already subject to regulation
by the former Railroad Commission. The newly constituted agency thus became known as the Alabama
Public Service Commission. The Commission’s authority was extended to approving the sale or lease
of utility property or franchises and was broadened again in 1920 when the Legislature made the
Commission responsible for regulating utility rates.
As Alabama’s highway system developed in the late 1920s, the operation of trucks and buses as
common carriers increased. In 1927, the Legislature placed all motor transportation companies
operating as common carriers of freight and/or passengers over regular routes on Alabama highways
under the Commission’s regulatory authority. The Legislature broadened the Commission’s authority
over transportation companies in 1931 and 1932 by including motor carriers not operating over
regular routes. Intrastate air carriers were made subject to the Commission’s jurisdiction in 1945.
Natural gas transmission and distribution systems were placed under the Commission’s
jurisdiction for safety purposes in 1968. Additionally the Minimum Safety Standards outlined in
the Natural Gas Pipeline Safety Act were adopted.
In 1971, the Commission’s authority over motor carriers was broadened yet again as
transportation enforcement officers were empowered to enforce the rules and regulations of the
Commission. Similarly, the Commission’s safety jurisdiction was extended to include railroad
tracks and equipment in 1976 under the State Participation Program of the Federal Railroad Safety
Act of 1970.
In 1977, the Legislature recognized the need to have an advocate charged exclusively with
representing utility consumers before the Commission. The Legislature accordingly empowered the
office of the Attorney General of Alabama to represent consumers and the state in proceedings
before the Commission during the 1977 legislative session.
In recent years, sweeping federal and state statutory changes have significantly altered the
Commission’s jurisdiction and authority over transportation and telecommunications utilities.
Title IV in the Federal Aviation Administration Act of 1994 provides for federal preemption of the
states in matters of motor carrier pricing, routes, and services for all but household goods
carriers. As a result, Commission certification and tariff approval is no longer required for
those motor carriers whose state Commissions are federally preempted from regulating beyond
minimal initial requirements. The Commission continues to regulate carriers of passengers and
household goods, ensures all motor carriers maintain appropriate cargo and liability insurance,
and ensures that all regulated carriers comply with applicable safety standards.
With the passage of the Telecommunications Act of 1996, Congress opened up the local exchange
telephone markets to competition. Large incumbent local exchange companies (ILECs) such as
BellSouth and CenturyTel, who previously operated as the only local carrier within their
Commission certified service areas, must now make their services available for resale and lease
components of their embedded network to new entrants. New entrants into the local telephone market
may also petition the Commission to open independent telephone company local service areas to
competition. The introduction of local competition forced the Commission to set utility prices for
retail telecommunication services using market based rather than cost based methodology. In 2005,
the Alabama Legislature passed the Communications Reform Act. That Act, citing the competition
that exists in the local telephone market, eliminated much of the Commission’s authority over
retail telecommunication services. Additionally, Commission jurisdiction was eliminated for all
broadband services used for Internet delivery. The Commission did, however, retain full
jurisdiction over wholesale telecommunications services, most consumer telecommunications
complaints and matters concerning Universal Service.
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Past Commissioners