reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-6 - General requirements

Current through June, 2024
(a) The State's
				  universal service fund is a fund of last resort. A telecommunications carrier
				  may not receive universal service funding from the State unless:
(1) It first applies for funding from the
				  federal universal service fund or any other source of funding, to the extent
				  applicable, and is denied or declined such funding, or demonstrates that such
				  funding is insufficient; or
(2) It
				  is ineligible for funding, other than from the State universal service
				  fund.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-7 - Implementation date of the fund

Current through June, 2024
The commission shall determine when contributions to the
					 fund and payments from the fund may begin. The commission shall inform all
					 telecommunications carriers required to contribute to the fund and those
					 entitled to payments from the fund of the start dates.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-8 - Continuance of basic service

Current through June, 2024
On the effective date of this chapter, the incumbent
					 telecommunications carrier shall continue to provide basic service in the
					 geographical or exchange areas it is then serving, unless:
(1) It is allowed to discontinue the service
				  pursuant to chapter
				  6-80, subchapter
				  10;
(2) The customer chooses another
				  telecommunications carrier as its provider of such service; or
(3) Another telecommunications carrier is
				  designated by the commission as a carrier of last resort for a given high cost
				  area, pursuant to subchapter
				  6.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-9 - Designation of telecommunications carriers eligible to receive federal universal service support

Current through June, 2024
(a) Pursuant to
				  47
				  U.S.C. §214, the commission will, upon
				  the written petition of a common carrier or the commission's own motion,
				  designate telecommunications carriers as eligible to receive federal universal
				  service support. Carriers designated as eligible telecommunications carriers
				  shall, throughout the service area for which the designation is received:
(1) Offer the services supported by federal
				  universal service support mechanisms using either its own facilities or a
				  combination of its own facilities and resale of another carrier's services
				  (including the services offered by another eligible telecommunications
				  carrier); and
(2) Advertise the
				  availability of such services and the charges thereof using media or general
				  distribution.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-10 - Designation of telecommunications carrier for unserved areas

Current through June, 2024
In no event shall any geographical area or community be
					 without basic service or any other service supported by the State or federal
					 universal service support mechanisms. If no telecommunications carrier will
					 provide any of the services that are supported by either the State or the
					 federal universal service support mechanisms to any unserved community (or any
					 portion of the community) that requires such service, the commission
					 shall:
(1) Determine which
				  telecommunications carrier or carriers are best able to provide such service to
				  the unserved community (or portion of the community); and
(2) Order such carrier or carriers to provide
				  such service to that community (or portion of the community).
Any telecommunications carrier or carriers ordered to
					 provide such service are eligible for support from the State universal service
					 fund or the federal universal service fund, as the case might
					 be.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-11 - Abandonment or discontinuance of service

Current through June, 2024
Section
					 6-80-122 applies to any proposed
					 abandonment or discontinuance of a service supported by the State or federal
					 universal service support mechanisms, except that, as necessary, before
					 allowing a telecommunications carrier to abandon or discontinue any service
					 supported by the State or federal universal service support mechanisms, the
					 commission shall require:
(1) The
				  other telecommunications carriers receiving support from the State or federal
				  universal service support mechanisms in the area served by the carrier seeking
				  to abandon or discontinue service to ensure that all customers served by the
				  carrier abandoning or discontinuing service will continue to be served;
				  and
(2) Sufficient notice to permit
				  the purchase or construction of adequate facilities by the other
				  telecommunications carriers.
The purchase or construction required under paragraph (2)
					 must be completed within one year of the date the commission approves the
					 abandonment or discontinuance of service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-12 - Enforcement of chapter 6-81

Current through June, 2024
Chapter
					 269, HRS, and any other applicable
					 State law and commission rule and order apply in the enforcement of this
					 chapter.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-13 - Severability clause

Current through June, 2024
If any provision of this chapter, or the application
					 thereof to any person or circumstance, is held invalid, the invalidity does not
					 affect other provisions or applications of this chapter which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 2 - SCOPE OF UNIVERSAL SERVICE › Section 6-81-19 - Universal service - basic exchange service

Current through June, 2024
(a) On
				  the effective date of this chapter, basic exchange service consists of
				  single-line dial tone; touch tone dialing; access to operator service; access
				  to enhanced 911; telecommunications relay service; telephone directory; and
				  access to directory assistance service via 411 dialing.
(b) For purposes of this section:
(1) "Dial tone" means the ability to make or
				  receive telephone calls with or without operator intervention;
(2) "Single-line" means single-party line or
				  a one-party line; and
(3) "Touch
				  tone dialing" means dual tone multi frequency, as opposed to dial pulse
				  signalling.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 2 - SCOPE OF UNIVERSAL SERVICE › Section 6-81-20 - Access to telecommunications relay service and enhanced 911

Current through June, 2024
Every telecommunications carrier, including a carrier of
					 last resort, offering or providing basic exchange service, shall make
					 provisions to ensure access by its customers to:
(1) Telecommunications relay service, as
				  provided in §
										269-16.6,
				  HRS; and
(2) Enhanced 911, as
				  provided in §
										269-16.95,
				  HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 3 - ADMINISTRATION OF THE FUND › Section 6-81-26 - Administration of the fund

Current through June, 2024
(a) A neutral third
				  party designated by the commission shall administer the universal service
				  fund.
(b) The commission shall
				  select the administrator based on competitive bids, pursuant to chapter
				  103D, HRS, or by any other means
				  duly authorized by law.
(c) No
				  telecommunications carrier or any of its affiliates, subsidiaries, agents,
				  officials, or employees is eligible to serve as the administrator.
(d) The administrator's general duties are:
(1) Collecting and receiving contributions to
				  the fund;
(2) Distributing moneys
				  from the fund;
(3) Managing the
				  daily operations and affairs of the fund; and
(4) Conducting periodic audits of
				  telecommunications carriers to ensure that the carriers are accurately
				  reporting and making proper contributions to the universal service fund.
The commission may specify other duties that it deems
					 appropriate in the administrator's contract.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 3 - ADMINISTRATION OF THE FUND › Section 6-81-27 - Start-up costs

Current through June, 2024
The commission may advance reasonable commission funds for
					 any start-up costs associated with the implementation of the universal service
					 fund.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 4 - CONTRIBUTIONS TO THE FUND › Section 6-81-33 - Contributors to the fund

Current through June, 2024
(a) All
				  telecommunications carriers operating or providing telecommunications service
				  within the State shall contribute to the universal service fund.
Telecommunications carriers subject to this subsection
					 include:
(1) The incumbent
				  telecommunications carrier; and
(2)
				  All carriers certified by or registered with the commission pursuant to §
											269-7.5(b),
				  HRS, or § 6-80-18(a) or (b), including:
(A) Carriers or providers of commercial
				  mobile radio service;
(B)
				  Resellers; and
(C) Narrow and
				  broadband personal communications service providers, private network providers,
				  cable television firms, power companies, enhanced service providers, and very
				  small aperture satellite service providers.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 4 - CONTRIBUTIONS TO THE FUND › Section 6-81-34 - Amount of contributions

Current through June, 2024
(a) The commission
				  shall annually, by order, set the amount of the contribution required to be
				  made to the universal service fund by each telecommunications carrier, based on
				  a percentage of the carrier's gross operating revenues from the retail
				  provision of intrastate telecommunications services during the preceding
				  calendar year; provided that the commission may:
(1) Set a minimum amount to be paid by any
				  carrier;
(2) Establish different
				  percentages to be applied to different classes or types of carriers;
				  and
(3) Periodically review and
				  readjust the percentage or minimum amount, or both, based on the fund's actual
				  and forecast income and disbursements.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 4 - CONTRIBUTIONS TO THE FUND › Section 6-81-35 - Surcharge

Current through June, 2024
(a) A telecommunications carrier contributing
				  to the universal service fund may impose a surcharge on its customers, both
				  residential and business, to recover the amount of its contribution.
(b) The carrier shall separately and clearly
				  identify and explain on its customers' bills the surcharge assessed for the
				  universal service fund.
(c) The
				  surcharge shall not be imposed until at least thirty days' written notice is
				  provided to the commission. The notice must specify the amount of the proposed
				  surcharge and the form in which the surcharge will be designated on customers'
				  bills.
(d) The commission, as
				  appropriate, may order modifications in the amount of the surcharge or in the
				  form of the designation on customers' bills.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 5 - LOW INCOME CUSTOMER › Section 6-81-41 - Lifeline telephone program

Current through June, 2024
On the effective date of this chapter, the program of
					 providing discounted residential telephone rates to elders with limited income
					 and to the handicapped with limited income, then in effect pursuant to §
										269-16.5,
					 HRS, continues in full force and effect. Upon the full implementation of the
					 universal service fund and at a time designated by the commission, the lifeline
					 program shall be incorporated into the low income assistance program provided
					 in this subchapter.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 5 - LOW INCOME CUSTOMER › Section 6-81-42 - Low income assistance program

Current through June, 2024
The low income assistance program is to provide basic
					 service at discounted rates to residential customers who qualify for the
					 discounted rates under §§
										6-81-44 and
					 6-81-45. The difference between the
					 discounted rates and the tariffed residential basic service rates shall be
					 subsidized by the universal service fund, as provided in this
					 subchapter.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 5 - LOW INCOME CUSTOMER › Section 6-81-43 - Discounted rates

Current through June, 2024
The discounted rates payable by those eligible to
					 participate in the low income assistance program are:
(1) Fifty per cent of the tariffed
				  residential basic service rate; and
(2) Fifty per cent of the tariffed access and
				  connection charges for residential basic service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 5 - LOW INCOME CUSTOMER › Section 6-81-44 - Eligibility for low income assistance

Current through June, 2024
Any residential basic service customer who meets the
					 following criteria is eligible to participate in the low income assistance
					 program:
(1) The customer has only one
				  telephone access line in the household;
(2) The household is the customer's primary
				  residence;
(3) The telephone is
				  listed in the customer's name; and
(4) The total annual income of all
				  individuals living in the customer's household does not exceed
				  $10,000.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 5 - LOW INCOME CUSTOMER › Section 6-81-45 - Certification of eligibility

Current through June, 2024
(a) A
				  telecommunications carrier providing basic service to residential customers
				  shall provide a standard form on which any of its limited income residential
				  customers may certify as to the customer's eligibility to participate in the
				  low income assistance program. Certification is valid for a year, and a
				  customer continuing to be eligible shall recertify on an annual
				  basis.
(b) A certification of
				  eligibility is
prima facie
evidence that the customer
				  meets the eligibility criteria. The carrier, at its cost, bears the
				  responsibility of verifying the accuracy of any certification. Such
				  verification may be on a random and case-by-case basis and performed only as
				  the carrier deems necessary. The commission may, as it deems necessary, conduct
				  periodic reviews of any telecommunications carrier's verification
				  process.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 5 - LOW INCOME CUSTOMER › Section 6-81-46 - Distribution of universal service fund to the provider of service to low income customers

Current through June, 2024
Telecommunications carriers providing basic service to
					 residential customers eligible to participate in the low income assistance
					 program may apply to the administrator of the universal service fund for
					 subsidies to recover the difference between the discounted rates paid by the
					 customers in the low income assistance program and the tariffed rates. The
					 administrator shall pay the subsidies from the universal service fund under the
					 terms and conditions, and in the manner, prescribed by the
					 commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 6 - HIGH COST AREA › Section 6-81-52 - High cost area

Current through June, 2024
(a) The commission
				  may designate a given geographical or exchange area within the State as a high
				  cost area. A high cost area is one in which the cost of providing basic
				  exchange service is high in comparison to the cost of providing basic exchange
				  service in other areas of the State.
(b) A determination that a given area is a
				  high cost area may be made upon the written petition of any interested person
				  filed with the commission or upon the commission's own motion. The necessary
				  disparity between the cost of providing basic exchange service in a given area
				  and the cost of providing basic exchange service in the rest of the State to
				  qualify the given area as a high cost area shall be determined by the
				  commission on a case-by-case basis. In determining whether an area should be
				  deemed a high cost area, the commission shall consider the following factors:
(1) The cost of providing basic exchange
				  service per access line in the area by the current provider of the
				  service;
(2) The statewide weighted
				  average cost of providing basic service per access line;
(3) The presence or absence of effective
				  competition in the area for the provision of basic service;
(4) The area's remoteness and rural
				  quality;
(5) The area's topography
				  and geographic size;
(6) The number
				  of residences or households and businesses in the area;
(7) The number of residences or households in
				  the area that do not subscribe to exchange service;
(8) Benefits to the public interest;
				  and
(9) Any other factors deemed
				  relevant by the commission.
An area is not a high cost area unless the cost of
					 providing basic service per access line in the area is more than one hundred
					 twenty per cent of the statewide weighted average cost of providing basic
					 service per access line.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 6 - HIGH COST AREA › Section 6-81-53 - Proceeding to determine an area as a high cost area

Current through June, 2024
(a) Any
				  petition to have an area declared a high cost area must:
(1) Address the factors set forth in §
				  6-81-52(b); and
(2) Describe the
				  boundaries of the proposed high cost area, taking into account the factors set
				  forth in § 6-81-52(c), and include any maps.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 6 - HIGH COST AREA › Section 6-81-54 - Carrier of last resort - general

Current through June, 2024
(a) The commission
				  shall designate a single telecommunications carrier as the carrier of last
				  resort for a high cost area. Such carrier is the ultimate carrier responsible
				  for ensuring that all persons in the high cost area are provided with basic
				  service. It shall provide such service either using its own facilities or a
				  combination of its own facilities and resale of another carrier's service,
				  including the service offered by another telecommunications carrier authorized
				  to provide basic service in the high cost area. The carrier of last resort is
				  also the only carrier eligible for subsidies or disbursements from the State
				  universal service fund for the provision of basic service in the high cost
				  area.
(b) Nothing in subsection (a)
				  precludes any other telecommunications carrier, designated by the commission
				  pursuant to
				  47
				  U.S.C. §214 and § 6 - 81 -
				  9,
				  from providing basic service in the high cost area through the support
				  mechanisms of the federal universal service fund.
(c) The carrier of last resort is subject to
				  the applicable requirements of chapter
				  6-80, including the provisions on
				  access, interconnection, resale, unbundling, and network termination and the
				  provisions on access to poles, ducts, conduits, and rights of way, unless
				  otherwise provided in this chapter or ordered by the commission.
(d) The commission, from time to time, shall:
(1) Review the carrier of last resort's
				  provision of basic service to the designated high cost area; and
(2) Review and determine the continuing
				  necessity for designating the area as a high cost area and for designating a
				  carrier of last resort.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 6 - HIGH COST AREA › Section 6-81-55 - Carrier of last resort - selection

Current through June, 2024
(a) The commission
				  shall select the carrier of last resort for a high cost area through a bidding
				  process. The commission shall formulate specifications for providing basic
				  exchange service in the high cost area and prepare a solicitation for bids. The
				  commission shall cause a notice of the bid solicitation to be published, at
				  least once, in a newspaper of general circulation in the State and in a
				  newspaper published and generally circulated in the county where the high cost
				  area is situated. Any telecommunications carrier certified or authorized to
				  provide telecommunications services in the State, including any carrier
				  temporarily certified to participate in the bidding process, may submit a bid.
				  The successful bidder shall provide basic exchange service in the high cost
				  area in accordance with the terms and conditions set forth in the
				  specifications and as otherwise required by the commission.
(b) The commission shall consider the
				  following factors in determining the successful bidder:
(1) Ability to adhere to the requirements of
				  the specifications;
(2) Quality and
				  level of service to be provided;
(3) Investment commitment;
(4) Qualifications of the bidder;
(5) Cost to the customers in the
				  area;
(6) The amount of the
				  subsidies required;
(7) Protection
				  of the public interest; and
(8) Any
				  other factors deemed relevant by the commission.
The commission may, as it deems appropriate and in the
					 public interest, reject all bids, redraft the specifications, and re-start the
					 bidding process.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 6 - HIGH COST AREA › Section 6-81-56 - Distribution of universal service fund to the carrier of last resort

Current through June, 2024
(a) Except as otherwise provided by the
				  commission, a carrier of last resort may apply for subsidies from the universal
				  service fund to recover the amount required by its bid.
(b) Upon the receipt of an application for
				  universal service fund subsidies, the administrator of the universal service
				  fund shall pay the subsidies to the carrier of last resort, on the terms and
				  conditions, and in the manner, prescribed by the commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 6 - HIGH COST AREA › Section 6-81-57 - Adjustment of subsidy amount

Current through June, 2024
The commission may, on its own motion or on the motion of
					 the carrier of last resort, readjust the subsidy amount that the carrier may
					 receive from the universal service fund if, during the course of the carrier's
					 contract period, the definition of universal service is expanded or contracted
					 by State or federal law or by commission order.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 7 - SUBSIDIES FOR SPECIALIZED TELECOMMUNICATIONS SERVICES AND SERVICES TO PUBLIC INSTITUTIONS › Section 6-81-63 - Specialized telecommunications services

Current through June, 2024
Services included in basic exchange service that are, for
					 technical, physical, or practical purposes, provided by a single
					 telecommunications carrier, such as the relay services for the deaf,
					 hearing-impaired, and speech-impaired under §
										269-16.6,
					 HRS, may be subsidized by payment from the universal service fund directly to
					 the carrier providing that service. The amount of the subsidy is limited to the
					 cost of providing the specialized service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 7 - SUBSIDIES FOR SPECIALIZED TELECOMMUNICATIONS SERVICES AND SERVICES TO PUBLIC INSTITUTIONS › Section 6-81-64 - Distribution of universal service fund to providers of specialized services and providers of services to public institutions

Current through June, 2024
A telecommunications carrier seeking a subsidy for
					 providing a specialized service described in §
										6-81-63 and service to a public
					 institution described in this subchapter must apply for the subsidy. Upon
					 receipt of an application for a subsidy, the administrator of the universal
					 service fund shall review the application and, if appropriate, pay the
					 requested subsidy to the carrier on the terms and conditions and in the manner
					 prescribed by the commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 7 - SUBSIDIES FOR SPECIALIZED TELECOMMUNICATIONS SERVICES AND SERVICES TO PUBLIC INSTITUTIONS › Section 6-81-65 - Telecommunications services to health care providers - general

Current through June, 2024
(a) Upon the receipt of a bona fide request,
				  a telecommunications carrier shall provide telecommunications services that are
				  necessary for the provision of health care services, including instruction
				  relating to such services, to any public or nonprofit health care provider,
				  that serves persons who reside in a high cost area, at rates that are
				  reasonably comparable to the rates charged for similar services in the urban
				  areas in the State. For purposes of this section, the following areas in the
				  State are deemed urban areas:
(1) The entire
				  island of Oahu; and
(2) Areas on
				  the neighbor islands where the rates charged health care providers are no
				  greater than the rates charged ordinary businesses on the island of
				  Oahu.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 7 - SUBSIDIES FOR SPECIALIZED TELECOMMUNICATIONS SERVICES AND SERVICES TO PUBLIC INSTITUTIONS › Section 6-81-66 - Basic telecommunications services and service drops to schools and libraries

Current through June, 2024
Upon receipt of a bona fide request, a telecommunications
					 carrier shall provide basic telecommunications service and service drops to
					 elementary schools, secondary schools, and libraries situated in the carrier's
					 geographical area for educational purposes at rates less than the amounts
					 charged for similar services to other parties. The amount of the discount may
					 not exceed fifty per cent. The carrier may secure a subsidy from the universal
					 service fund for the difference between the discounted rates and the rates
					 charged for similar services to other parties. "Service drop," as used in this
					 section, means the wire or cable from the carrier's service pole or terminal
					 located outside a school or library premises to the demarcation point on the
					 school or library premises.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 7 - SUBSIDIES FOR SPECIALIZED TELECOMMUNICATIONS SERVICES AND SERVICES TO PUBLIC INSTITUTIONS › Section 6-81-67 - Advanced telecommunications services to public institutions

Current through June, 2024
Upon establishment of FCC regulations pursuant to
					 47 U.S.C.
					 §254(h)(2), a
					 telecommunications carrier shall, to the extent technically feasible and
					 economically reasonable and in conformance with FCC regulations, offer to all
					 public and non-profit elementary and secondary school classrooms, health care
					 providers, and libraries situated in the carrier's service area, access to
					 advanced telecommunications and information services.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 1 - GENERAL PROVISIONS › Section 6-82-1 - Purpose and scope of rules; non-application of chapter 6-82

Current through June, 2024
(a) The purpose of this chapter is to adopt
				  procedures and standards for pay telephone service that will:
(1) Foster competition in the provisioning of
				  pay telephone service;
(2) Ensure
				  the payment of fair compensation to providers of pay telephone service;
				  and
(3) Protect the interests of
				  users of pay telephones.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 1 - GENERAL PROVISIONS › Section 6-82-2 - Application of additional sources

Current through June, 2024
This chapter:
(1)
				  Shall be read in context with any applicable:
(A) Federal law and regulation, including any
				  FCC order and regulation implementing
				  47 U.S.C.
				  §276; and
(B) State law and commission order and rule,
				  including chapter
				  269, HRS, and chapters
				  6-61, 6-80, and 6-81; and
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 1 - GENERAL PROVISIONS › Section 6-82-4 - Enforcement of chapter 6-82; pay telephone service provider enforcement program

Current through June, 2024
(a) Chapter
				  269, HRS, and any other applicable
				  State law and commission rule and order apply to the enforcement of this
				  chapter.
(b) Upon consultation with
				  the consumer advocate, pay telephone service industry, and any other person
				  designated by the commission, the commission may develop and maintain a pay
				  telephone service provider enforcement program.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 1 - GENERAL PROVISIONS › Section 6-82-5 - Pay telephone service provider - public utility

Current through June, 2024
Unless otherwise ordered or exempted by the commission, a
					 pay telephone service provider is a public utility within the meaning of §
										269-1,
					 HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 1 - GENERAL PROVISIONS › Section 6-82-6 - Obligations of incumbent telecommunications carrier

Current through June, 2024
Consistent with the purpose of fostering competition in the
					 provisioning of pay telephone service, the incumbent telecommunications carrier
					 shall:
(1) Offer to independent pay
				  telephone service providers, on an unbundled basis and under a
				  nondiscriminatory public, tariffed offering, any individual central office coin
				  transmission service that the incumbent carrier provides to its own pay
				  telephone operations;
(2) Offer to
				  independent pay telephone service providers on a nondiscriminatory basis such
				  other services that the incumbent carrier provides to its own pay telephone
				  operations, including, as applicable:
(A)
				  Fraud protection;
(B) Special
				  numbering assignments;
(C)
				  Installation and maintenance of basic pay telephone lines; and
(D) Billing and collection services where the
				  basic, tariffed pay telephone services offered to other pay telephone service
				  providers function only in conjunction with billing and collection services,
				  such as where coin services require the incumbent carrier to monitor coin
				  deposits and such information is not otherwise available to third parties for
				  billing and collection;
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 1 - GENERAL PROVISIONS › Section 6-82-7 - Severability clause

Current through June, 2024
If any provision of this chapter, or the application
					 thereof to any person or circumstance, is held invalid, the invalidity does not
					 affect other provisions or applications of this chapter which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 2 - CERTIFICATION OF PAY TELEPHONE SERVICE PROVIDERS › Section 6-82-11 - Certification

Current through June, 2024
(a) A telecommunications carrier granted a
				  CPCN, COA, or COR authorizing the provision of telecommunications service in
				  the State need not apply for an additional COA or COR in order to offer or
				  provide intrastate pay telephone service. Any such telecommunications carrier,
				  however, before adding or expanding the nature or scope of its
				  telecommunications services beyond that authorized in its existing CPCN, COA,
				  or COR, to include intrastate pay telephone service, shall file a separate
				  tariff for its new service, unless ordered otherwise by the
				  commission.
(b) Any person, other
				  than a telecommunications carrier covered by subsection (a), seeking to offer,
				  initiate, or provide intrastate pay telephone service shall apply in writing to
				  the commission for a certificate of registration. The application shall comply
				  with the applicable provisions of chapter
				  6-80, subchapter
				  2.
(c) The provisions of chapter
				  6-80, subchapter
				  2, govern the issuance or denial of any
				  certificate authorizing pay telephone service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 2 - CERTIFICATION OF PAY TELEPHONE SERVICE PROVIDERS › Section 6-82-12 - Terms and conditions of certification

Current through June, 2024
Any certificate issued authorizing pay telephone service
					 and any holder of such certificate are subject to the terms and conditions
					 enumerated in chapter
					 6-80, subchapter
					 2, including those relating to
					 suspension and revocation of certificates.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 3 - LOCATION CONTRACTS AND CARRIER SELECTION › Section 6-82-18 - Non-impairment of existing contracts

Current through June, 2024
Nothing in this chapter affects any contract between a
					 location provider and a pay telephone service provider or interLATA or
					 intraLATA telecommunications carrier entered into before February 8, 1996, the
					 date of the enactment of the Federal Telecommunications Act of
					 1996.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 3 - LOCATION CONTRACTS AND CARRIER SELECTION › Section 6-82-19 - Location contracts - limitations

Current through June, 2024
(a) No location
				  contract between a location provider and a pay telephone service provider may:
(1) Impose premature contract termination
				  penalties or termination liability, unless a premature termination penalty or
				  liability provision is clearly and plainly set forth in the:
(A) Contract with the location provider;
				  and
(B) Pay telephone service
				  provider's tariff.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 3 - LOCATION CONTRACTS AND CARRIER SELECTION › Section 6-82-20 - Right to negotiate carrier selection

Current through June, 2024
A pay telephone service provider has the right to negotiate
					 with the location provider on the location provider's selecting and contracting
					 with and, subject to the terms of any agreement with the location provider, to
					 select and contract with the carriers that carry interLATA and intraLATA calls
					 from the pay telephone service provider's pay telephone.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 3 - LOCATION CONTRACTS AND CARRIER SELECTION › Section 6-82-21 - Report on location of pay telephones

Current through June, 2024
Each pay telephone service provider, on an annual basis,
					 shall submit to the commission a description of:
(1) The current locations of its pay
				  telephone stations, by exchange or geographical areas; and
(2) The changes from its previous filing,
				  noting the deletions and additions of pay telephone stations.
In addition to the annual filing, the commission may, at
					 any time, require a pay telephone service provider to submit its current,
					 updated listing of its pay telephone stations.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 4 - RATES AND CHARGES › Section 6-82-27 - Subsidy prohibited

Current through June, 2024
The cross-subsidization of pay telephone service by basic
					 exchange service or any local access charge or any other telecommunications
					 service is prohibited.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 4 - RATES AND CHARGES › Section 6-82-28 - Pay telephone - user rates and charges

Current through June, 2024
(a) Unless
				  demonstrated that market failures do not allow for market-based rates, a pay
				  telephone service provider shall provide its service to users of its pay
				  telephone at the rates and on the terms and conditions as the market may
				  determine. The rate for local calls shall be at a flat fee per call. No
				  limitation may be placed on the duration of a call, except that, if required by
				  the public interest, the commission, by order, may impose or allow the
				  imposition of a limitation.
(b) A
				  pay telephone service provider shall file tariffs with the commission, setting
				  forth the rates, terms, and conditions of its pay telephone service. The
				  tariffs shall be processed in compliance with the applicable provisions of:
(1) The commission's orders and rules,
				  including chapter
				  6-80, subchapter 4;
(2) The terms and conditions of the
				  provider's CPCN, COA, or COR; and
(3) Federal law and regulation, including:
(A)
												47 U.S.C.
				  §276; and
(B) Any FCC order and regulation implementing
				  47 U.S.C.
				  §276.
Where it is demonstrated that market failures do not allow
					 for market-based rates, the commission shall determine the rates for pay
					 telephone service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 4 - RATES AND CHARGES › Section 6-82-29 - No user charge for certain access

Current through June, 2024
A pay telephone service provider shall provide access to
					 the user of the pay telephone, at no charge and without the necessity of
					 inserting a coin or any other access device, to the following:
(1) Dial tone;
(2) The operator or telecommunications
				  carrier of the user's choice;
(3)
				  Telecommunications relay service via 511 and 711 dialing;
(4) Toll-free numbers;
(5) The long distance carrier of the user's
				  choice;
(6) The telecommunications
				  carrier's facilities, through which the user can:
(A) Report service trouble or complaints;
				  or
(B) Request refunds or general
				  assistance;
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 4 - RATES AND CHARGES › Section 6-82-30 - Refund for uncompleted call

Current through June, 2024
Each pay telephone must be programmed to return, promptly
					 after the user hangs up, the coins or money deposited by the user in an
					 attempted but uncompleted call. Attempted but uncompleted calls include calls
					 that result in the user encountering a:
(1) Busy signal;
(2) Ring but no answer; or
(3) Network recording, such as a recording
				  informing the user that the dialed telephone number has been
				  disconnected.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 4 - RATES AND CHARGES › Section 6-82-31 - User charge for directory assistance service

Current through June, 2024
(a) A pay
				  telephone service provider may charge the user of its pay telephone a
				  market-based rate for directory assistance service.
(b) If the incumbent telecommunications
				  carrier imposes a charge on a pay telephone service provider for directory
				  assistance service made from that provider's pay telephone, the incumbent
				  carrier must impute the same charge for directory assistance service to its own
				  pay telephones.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 4 - RATES AND CHARGES › Section 6-82-32 - Compensation for access code, 800, and debit card calls

Current through June, 2024
(a) A pay telephone service provider shall be
				  fairly compensated for each completed compensable call from the carrier to whom
				  the call is routed. As used in this section, a "compensable call" means access
				  code calls, subscriber 800 and other toll free calls, and debit card calls. It
				  also includes 0+ calls in the absence of a contract providing compensation to
				  the pay telephone service provider.
(b) The applicable FCC orders and
				  regulations, as they may be amended from time to time, govern compensation for
				  compensable calls.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 5 - PAY TELEPHONE SERVICE STANDARDS › Section 6-82-38 - Pay telephone service standards - general

Current through June, 2024
A pay telephone service provider shall:
(1) Offer or provide pay telephone service
				  according to its tariff on file with the commission;
(2) Not unreasonably discriminate between and
				  among customers in providing pay telephone service;
(3) Not unreasonably discriminate between and
				  among localities in providing pay telephone service;
(4) Comply with all federal laws and
				  regulations relating to pay telephone service, including any FCC order and
				  regulation implementing
				  47 U.S.C.
				  §276; and
(5) To the extent applicable, comply with the
				  telecommunications standards set forth in chapter
				  6-80, subchapters 8,
				  9, and
				  11.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 5 - PAY TELEPHONE SERVICE STANDARDS › Section 6-82-39 - Pay telephone service standards - operations

Current through June, 2024
The following minimum operating standards apply:
(1) A pay telephone station shall be
				  adequately lighted so that its placards and touch tone dials are easily
				  visible;
(2) Unless otherwise
				  ordered or exempted by the commission, pay telephones shall be capable of
				  completing both local and long distance calls;
(3) Pay telephone equipment shall be
				  maintained in a clean and operable manner;
(4) Pay telephone equipment connection to the
				  public switched network shall comply with any applicable:
(A) FCC regulations under 47 CFR Part 68,
				  unless exempted by
				  47 CFR
				  §68.2(a)(1) or any
				  other applicable exemption under 47 CFR Part 68;
(B) National Electrical Safety Code
				  standards; and
(C) National
				  Electrical Code standards;
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 5 - PAY TELEPHONE SERVICE STANDARDS › Section 6-82-40 - Interconnection with the public switched network

Current through June, 2024
(a) All
				  pay telephones shall be interconnected with the public switched network in
				  accordance with applicable:
(1) Federal law
				  and regulation;
(2) State law and
				  commission order and rule; and
(3)
				  Tariffs and interconnection agreements.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 5 - PAY TELEPHONE SERVICE STANDARDS › Section 6-82-41 - Operator services

Current through June, 2024
A pay telephone service provider:
(1) Shall not obtain service from an operator
				  service provider that is not authorized or certified, pursuant to chapter
				  6-79, to provide operator service in
				  the State; and
(2) May not restrict
				  access to the operator service provider servicing its pay telephone.