reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 6-80-6 - Policy favoring voluntary negotiations and agreements

Current through June, 2024
(a) It is
				  the commission's policy to:
(1) Encourage
				  voluntary negotiations and agreements between telecommunications carriers for
				  access, interconnection, unbundling, network termination, and other
				  telecommunications-related matters; and
(2) Assist the telecommunications carriers in
				  their negotiations at any point in the negotiations by mediating or, as
				  necessary, arbitrating the carriers' differences.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 6-80-7 - Consolidated proceeding

Current through June, 2024
(a) To the extent
				  feasible and practical, disputed issues of access, interconnection, unbundling,
				  and network termination shall be combined into a single petition before the
				  commission.
(b) The commission may
				  consolidate in a single proceeding any disputed issues presented before the
				  commission by any person.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 6-80-8 - Filing of existing agreements with the commission

Current through June, 2024
A telecommunications carrier shall file with the commission
					 any existing written agreement that it may have on the effective date of this
					 chapter with another telecommunications carrier regarding access,
					 interconnection, network termination, or other telecommunications-related
					 matter. The carrier shall serve a copy of any agreement filed with the
					 commission on the consumer advocate. The agreement is subject to commission
					 review and approval as prescribed in subchapters
					 5 and 7.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 6-80-9 - Confidentiality of proprietary information and materials

Current through June, 2024
(a) The confidentiality of a
				  telecommunications carrier's proprietary information and materials is
				  recognized and preserved, to the extent provided by law. No telecommunications
				  carrier is required to release or share with any person any of the carrier's
				  confidential proprietary information or materials, except as provided in
				  subsection (c).
(b) Every
				  telecommunications carrier shall respect and protect the confidentiality of
				  proprietary information and materials of, and relating to, other
				  telecommunications carriers (including resellers of telecommunications
				  services), equipment manufacturers, and customers. A telecommunications carrier
				  that receives or obtains proprietary information from another carrier for
				  purposes of providing any telecommunications services shall use such
				  information only for such purpose and not for its own marketing
				  efforts.
(c) Where any confidential
				  proprietary information is relevant to a proceeding before the commission, the
				  commission may require the submission of such information in the proceeding
				  under confidential seal and subject to appropriate restrictions against the use
				  of such information for marketing or strategic purposes.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 6-80-10 - Enforcement of chapter 6-80

Current through June, 2024
Chapter
					 269, HRS, and any other applicable
					 State law and commission rule and order apply to the enforcement of this
					 chapter.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 6-80-11 - 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 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 2 - APPLICATION AND CERTIFICATION TO PROVIDE TELECOMMUNICATIONS SERVICE › Section 6-80-17 - Application for certification

Current through June, 2024
(a) All
				  certificates of public convenience and necessity to provide telecommunications
				  service, issued pursuant to §
										269-7.5,
				  HRS, and in effect on the effective date of this chapter, remain in full force
				  and effect.
(b) Any exemption to
				  the CPCN requirement for telecommunications service, granted pursuant to §
										269-7.5(c),
				  HRS, and in effect on the effective date of this chapter, remains in full force
				  and effect.
(c) Any person, other
				  than the incumbent telecommunications carrier, seeking to offer, initiate, or
				  provide intrastate telecommunications service must apply in writing to the
				  commission for a certificate of authority. The application must:
(1) Include information on the:
(A) Type of telecommunications service to be
				  offered;
(B) Geographical scope of
				  the carrier's proposed operation;
(C) Type of equipment to be employed in the
				  service;
(D) Rates or charges
				  proposed to be imposed and the regulations that will govern the proposed
				  service; and
(E) Applicant's
				  financial ability to render the proposed service, including a copy of the most
				  recent audited financial statement and, if more than three months have elapsed
				  since the date of the most recent audited financial statement, a current,
				  unaudited financial statement; and
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 2 - APPLICATION AND CERTIFICATION TO PROVIDE TELECOMMUNICATIONS SERVICE › Section 6-80-18 - Issuance or denial of certification

Current through June, 2024
(a) The commission
				  shall issue a certificate of authority to any qualified applicant, authorizing
				  the whole or any part of the telecommunications service covered by the
				  application, if it finds that:
(1) The
				  applicant possesses sufficient technical, financial, and managerial resources
				  and abilities to provide the proposed telecommunications service in the
				  State;
(2) The applicant is fit,
				  willing, and able to properly perform the proposed telecommunications service
				  and to conform to the terms, conditions, and rules prescribed or adopted by the
				  commission; and
(3) The proposed
				  telecommunications service is, or will be, in the public interest.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 2 - APPLICATION AND CERTIFICATION TO PROVIDE TELECOMMUNICATIONS SERVICE › Section 6-80-19 - Suspension or revocation

Current through June, 2024
To preserve and advance universal service, protect the
					 public safety and welfare, ensure the continued quality of telecommunications
					 services, and safeguard the rights of customers, upon the petition of any
					 telecommunications carrier, any customer, or any other person, or the
					 commission's own motion, the commission may, after notice and hearing, suspend
					 or revoke, in whole or in part, a COA or COR, if the certificate holder:
(1) Fails to make contributions required by
				  the universal service fund;
(2)
				  Fails to provide adequate telecommunications service;
(3) Fails to maintain access to emergency
				  services; or
(4) Violates any
				  applicable:
(A) Federal laws or regulations;
				  or
(B) State laws or commission
				  orders or rules.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 2 - APPLICATION AND CERTIFICATION TO PROVIDE TELECOMMUNICATIONS SERVICE › Section 6-80-20 - Temporary certificate of authority - carrier of last resort

Current through June, 2024
(a) The commission, upon a written
				  application, may issue a temporary COA to a qualified applicant. A temporary
				  COA is a certificate of limited authority, authorizing a telecommunications
				  carrier only to participate in the bidding process for the selection of a
				  carrier of last resort for a particular high cost area as set forth in section
				  6-81-55.
(b) An application for a
				  temporary COA must:
(1) Include information
				  on the applicant's financial ability to render the proposed service, including
				  a copy of the most recent audited financial statement and, if more than three
				  months have elapsed since the date of the most recent audited financial
				  statement, a current, unaudited financial statement; and
(2) Comply with all applicable commission
				  orders and rules.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 3 - CLASSIFICATION OF SERVICES › Section 6-80-25 - Classification of services

Current through June, 2024
(a) All
				  telecommunications services offered, initiated, or provided by
				  telecommunications carriers within the State shall be classified as:
(1) Fully competitive;
(2) Partially competitive; or
(3) Noncompetitive.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 3 - CLASSIFICATION OF SERVICES › Section 6-80-26 - Reclassification of services

Current through June, 2024
The commission may reclassify any telecommunications
					 service from one category to another, if such reclassification is in the public
					 interest.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 3 - CLASSIFICATION OF SERVICES › Section 6-80-27 - Procedures for classifying or reclassifying a service

Current through June, 2024
(a) The classification or reclassification of
				  a telecommunications service as fully competitive, partially competitive, or
				  noncompetitive may be initiated by the filing of a petition by any
				  telecommunications carrier or the consumer advocate, or upon the commission's
				  own motion.
(b) If initiated by a
				  petition, at a minimum, the petition must:
(1) Explain and state the reasons for the
				  proposed classification or reclassification; and
(2) Include data, documents, and other
				  evidence to support the proposed classification or reclassification.
The commission may direct the petitioner, consumer
					 advocate, or any other telecommunications carrier to provide any additional
					 information deemed relevant by the commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-32 - Pricing - fully and partially competitive services

Current through June, 2024
(a) Pricing for telecommunications services
				  classified as fully competitive:
(1) Is
				  exempt from rate of return regulation;
(2) Is not subject to a price
				  ceiling;
(3) Must be offered on
				  prices, terms, and conditions reflected in a tariff filed with the
				  commission;
(4) May not be set
				  below the total service long run incremental cost of providing the service,
				  calculated as provided in § 6-80-35(d); and
(5) Must not result in the
				  cross-subsidization of any fully competitive service from any noncompetitive
				  service as proscribed in § 6-80-35.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-33 - Pricing - noncompetitive services

Current through June, 2024
Pricing for noncompetitive services:
(1) Is subject to rate of return regulation
				  or to such other form of pricing, as authorized by the commission;
(2) Must be cost-based and just and
				  reasonable;
(3) Must conform to the
				  applicable requirements of §§
										269-12 and
				  269-16,
				  HRS; and
(4) Must not
				  cross-subsidize any competitive service as proscribed in §
				  6-80-35.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-34 - Pricing - resale and exempt services

Current through June, 2024
Notwithstanding §§
										6-80-32 and
					 6-80-33:
(1) Pricing for services whose rates are
				  fully exempt from state regulation by federal law or regulation is not subject
				  to any restriction; provided that tariffs for those services shall be filed as
				  provided in § 6-80-39; and
(2)
				  Pricing for basic exchange service and pricing on resale of basic exchange
				  service must be cost-based, just, and reasonable.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-35 - Cross-subsidization prohibited

Current through June, 2024
(a) Noncompetitive
				  services offered or provided by any telecommunications carrier must not cross
				  subsidize the telecommunications carrier's competitive services.
(b) Cross-subsidization is deemed to have
				  occurred if:
(1) Any fully competitive or
				  partially competitive service is priced below the total service long run
				  incremental cost of providing the service;
(2) Fully competitive services, taken as a
				  whole, fail to cover their direct and allocated joint and common costs;
				  or
(3) If fully competitive and
				  partially competitive services, taken as a whole, fail to cover the direct and
				  allocated joint and common costs.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-36 - Separate subsidiary for competitive service

Current through June, 2024
The commission may order or direct a telecommunications
					 carrier that offers or provides both competitive and noncompetitive services to
					 establish a fully separate subsidiary to provide all or part of its competitive
					 service where:
(1) No less costly
				  means is available and effective in fully and properly identifying and
				  allocating costs between the carrier's competitive and noncompetitive services,
				  and the incremental cost of establishing and maintaining such subsidiary would
				  not require increases in rates or charges to levels that would effectively
				  preclude the offering or provision of the affected competitive
				  service;
(2) Establishment of a
				  subsidiary is deemed necessary by the commission to avoid or prevent
				  cross-subsidization; or
(3)
				  Establishment of a subsidiary is deemed necessary by the commission to protect
				  the public interest.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-37 - Nondiscrimination in the provision of telecommunications services

Current through June, 2024
A telecommunications carrier shall not unreasonably
					 discriminate among its customers in offering or providing any competitive or
					 noncompetitive telecommunications service. It shall offer or provide its
					 service under the same rates, terms, and conditions to all customers similarly
					 situated or within a reasonably constituted class.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-38 - Refunds or credits

Current through June, 2024
If the commission finds that any class of customers of a
					 noncompetitive service has paid excessive rates because of below cost pricing
					 of any fully competitive or partially competitive service, the commission may
					 order refunds or credits to the affected customers of the noncompetitive
					 service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-39 - Tariffs

Current through June, 2024
(a) All telecommunications service tariffs
				  filed by a telecommunications carrier with the commission, in effect before the
				  effective date of this chapter, remain in full force and effect, unless in
				  conflict with any provisions of this chapter. This chapter supersedes any
				  conflicting provisions incorporated in any telecommunications service tariffs
				  on file with the commission.
(b)
				  Subject to subsection (a), no telecommunications carrier shall offer, initiate,
				  or provide any telecommunications service, at wholesale or retail, unless the
				  carrier files with the commission a tariff, subject to the prices, terms,
				  conditions, and requirements set forth in:
(1)
				  Section
				  269-16,
				  HRS, if applicable and as implemented by this subchapter;
(2) All applicable commission orders and
				  rules, including this chapter; and
(3) The applicable CPCN, COA, or
				  COR.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-40 - Denial or approval of tariffs

Current through June, 2024
(a) A tariff for a
				  fully competitive service is effective upon its filing with the commission. A
				  tariff for a service whose rates are fully exempt from state regulation by
				  federal law or regulation is effective when the service is publicly offered;
				  provided that the tariff must be filed with the commission not later than
				  thirty days after the service is first offered. The commission may, at any
				  time, upon its own motion or upon a motion filed by any interested party or the
				  consumer advocate, investigate such tariffs, if deemed necessary to protect the
				  public interest. The commission shall conduct such investigation on an
				  expedited basis.
(b) A
				  telecommunications carrier shall file its tariff for any partially competitive
				  service or noncompetitive service at least thirty days before the effective
				  date of the proposed service. The commission may suspend the operation of the
				  tariff and investigate the justness and reasonableness of the tariff. The
				  commission may conduct a hearing to aid its investigation. The commission shall
				  conduct its investigation on an expedited basis. With or without such
				  suspension, the commission may:
(1) Deny or
				  reject the tariff; or
(2) Allow the
				  tariff to take effect.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-41 - Proposed increases or decreases in prices

Current through June, 2024
Section
					 6-80-40 applies to any proposed
					 increase or decrease in prices for fully competitive, partially competitive,
					 and noncompetitive services.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 4 - COSTS, RATES, AND PRICING › Section 6-80-42 - Cost studies

Current through June, 2024
(a) The incumbent
				  telecommunications carrier shall complete and submit a cost study for all
				  tariffs of noncompetitive services, unless ordered otherwise by the
				  commission.
(b) A non-incumbent
				  telecommunications carrier need not submit a cost study for any tariff, whether
				  for fully competitive, partially competitive or noncompetitive service, unless
				  ordered otherwise by the commission.
(c) The commission may, on its own initiative
				  or at the request of a telecommunications carrier or the consumer advocate,
				  order any telecommunications carrier to complete and submit a cost study to the
				  commission for any service.
(d) Any
				  cost study, where required, must include an analysis of the total service long
				  run incremental cost underlying the service, unless ordered otherwise by the
				  commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 5 - ACCESS, INTERCONNECTION, UNBUNDLING, AND RESALE › Section 6-80-47 - Intrastate access, interconnection, unbundling, and resale - request for

Current through June, 2024
(a) Upon a bona fide request of another
				  carrier, a telecommunications carrier shall:
(1) Unbundle its network facilities,
				  functions, and services, to the extent technically feasible and economically
				  reasonable;
(2) Make its
				  facilities, functions, and services available, on an unbundled basis, for
				  intrastate access and interconnection by the other carrier, at any technically
				  feasible and economically reasonable point within the carrier's
				  network;
(3) Offer such facilities,
				  functions, and services for resale or shared use, to the extent technically
				  feasible and economically reasonable; and
(4) Make available and offer such facilities,
				  functions, and services of such quality at least equal to that provided by the
				  carrier to itself or to any of its subsidiaries or affiliates, or to any other
				  carrier to which it provides interconnection.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 5 - ACCESS, INTERCONNECTION, UNBUNDLING, AND RESALE › Section 6-80-48 - Exemption for rural telephone carrier

Current through June, 2024
(a) The
				  requirements of § 6-80-47 do not apply to a rural telephone carrier
				  unless:
(1) The carrier has received a bona
				  fide request for access, interconnection, unbundling, or resale; and
(2) The commission determines that the
				  request is not unduly economically burdensome, is technically feasible, and is
				  consistent with the provisions of chapter 6-81.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 5 - ACCESS, INTERCONNECTION, UNBUNDLING, AND RESALE › Section 6-80-49 - Intrastate access, interconnection, unbundling, and resale - standards

Current through June, 2024
The following standards apply to intrastate access,
					 interconnection, unbundling, and resale:
(1) Telecommunications carriers shall offer
				  or provide such services on rates, terms, and conditions that are just,
				  reasonable, and nondiscriminatory and on a competitively neutral and cost-based
				  basis, which may include a reasonable profit;
(2) A telecommunications carrier may not
				  offer or provide any such services at excessive prices; and, except as
				  otherwise provided in this chapter, no telecommunications carrier is required
				  to offer or provide any such services at prices below total service long run
				  incremental cost, provided that the commission may direct the carrier to
				  provide a discount on unbundled elements in cases in which the full
				  functionality used by the carrier in the provision of its service is offered to
				  other carriers on an impaired basis;
(3) Exchange networks shall be interconnected
				  on a seamless and transparent basis, so that customers can seamlessly receive
				  calls that originate on another carrier's network and place calls that
				  terminate on another carrier's network without dialing extra digits;
(4) Telecommunications carriers shall be
				  interconnected in a manner that gives the carriers seamless integration into,
				  and use of, the signaling and interoffice networks at reasonable rates,
				  including access to switches, signaling systems, and other facilities, or
				  information associated with originating and terminating communications or
				  otherwise facilitating interoperability for any communication carried by the
				  network facilities;
(5) Access,
				  interconnection, and unbundling must maintain the technical and economic
				  integrity of the network of a telecommunications carrier;
(6) To ensure inter-operability of networks
				  and to maintain the integrity of each telecommunications carrier's network, the
				  telecommunications carriers shall abide by the technical interconnection
				  standards, including technical engineering, operations, and maintenance
				  standards, as established by national telecommunications industry
				  organizations;
(7)
				  Telecommunications carriers shall make their networks and facilities available
				  for access and interconnection to other carriers at:
(A) Central offices;
(B) Tandem offices;
(C) Any other switching points; or
(D) Any mutually agreed upon or technically
				  feasible meet-point;
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 5 - ACCESS, INTERCONNECTION, UNBUNDLING, AND RESALE › Section 6-80-50 - Negotiation

Current through June, 2024
Telecommunications carriers shall enter into negotiations
					 on the prices, terms, and conditions for access, interconnection, and unbundled
					 facilities, functions, and services and for the resale of unbundled facilities,
					 functions, and services, except that the prices for access and unbundled
					 facilities, functions, and services and for the resale of unbundled facilities,
					 functions, and services must be tariffed, as provided in subchapter 4. The
					 carriers shall negotiate in good faith and use their best efforts to reach
					 agreement.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 5 - ACCESS, INTERCONNECTION, UNBUNDLING, AND RESALE › Section 6-80-51 - Network termination

Current through June, 2024
Telecommunications carriers shall reciprocally compensate
					 each other for the costs associated with transporting and terminating
					 telecommunications traffic on their respective networks. The carriers shall
					 negotiate in good faith and use their best efforts to reach agreement on the
					 prices, terms, and conditions for terminating traffic on their respective
					 networks. Telecommunications carriers shall develop terms and conditions that
					 are just and reasonable and provide for fair, nondiscriminatory, and cost-based
					 rates, based on a reasonable approximation of the additional costs of
					 terminating such traffic. Compensation agreements may include "bill and keep"
					 and any other mutual compensation arrangements.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 5 - ACCESS, INTERCONNECTION, UNBUNDLING, AND RESALE › Section 6-80-52 - Mediation

Current through June, 2024
(a) Any party negotiating an agreement for
				  access, interconnection, unbundling, or network termination may, at any point
				  in the negotiation, petition the commission in writing for the commission to
				  participate in the negotiation and mediate any differences arising in the
				  course of the negotiation. Such a petition must, to the extent practicable and
				  applicable, conform to the provisions of chapter
				  6-61, subchapter
				  2.
(b) The petitioner shall serve a copy of the
				  petition for mediation on all parties to the negotiation and on the consumer
				  advocate not later than by the date on which the petition is filed with the
				  commission. A non-petitioning party to the negotiation may file with the
				  commission a response to the petition within ten days following the filing of
				  the petition for mediation.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 5 - ACCESS, INTERCONNECTION, UNBUNDLING, AND RESALE › Section 6-80-53 - Arbitration

Current through June, 2024
(a) During the period from the one hundred
				  thirty-fifth to the one hundred sixtieth day (inclusive) following the date
				  upon which a carrier receives a bona fide request for access, interconnection,
				  or unbundling or for a network termination agreement, the carrier or any other
				  party to the negotiation may petition the commission in writing for the
				  commission to arbitrate any unresolved issues. Such a petition must:
(1) To the extent practicable and applicable,
				  conform to the provisions of chapter
				  6-61, subchapter
				  2;
(2) Set forth:
(A) The unresolved issues;
(B) The position of each party relating to
				  those issues; and
(C) Any other
				  issues discussed and resolved by the parties; and
(3) Include all relevant documents and
				  materials relating to subsection (2).
The commission may request from any of the parties to the
					 negotiation further information or materials necessary for the commission to
					 reach a decision on the unresolved issues. If any party refuses or fails
					 unreasonably to respond on a timely basis to any reasonable request from the
					 commission, the commission may then proceed on the basis of the best
					 information available to it, regardless of the originating source.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 5 - ACCESS, INTERCONNECTION, UNBUNDLING, AND RESALE › Section 6-80-54 - Approval of agreement by the commission

Current through June, 2024
(a) All agreements
				  concerning access, interconnection, unbundling, and network termination adopted
				  by negotiation or arbitration, including any agreement negotiated and adopted
				  before the effective date of this chapter, must be submitted to the commission
				  for review and approval. Upon the submission of an agreement to the commission
				  for review and approval, a copy of the agreement shall be served on the
				  consumer advocate.
(b) The
				  commission shall approve or reject the agreement, with written findings as to
				  any deficiencies. The commission may only reject:
(1) An agreement, or any portion of the
				  agreement, adopted by negotiation if it finds that:
(A) The agreement, or any portion of the
				  agreement, discriminates against a telecommunications carrier not a party to
				  the agreement; or
(B) The
				  implementation of the agreement, or any portion of the agreement, is not
				  consistent with the public interest, convenience, and necessity; or
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 6 - NUMBER PORTABILITY AND DIRECTORY SERVICES › Section 6-80-60 - Availability of number portability

Current through June, 2024
(a) Telephone
				  number portability shall be implemented in the State when a technically
				  feasible and economically reasonable solution has been developed by the
				  telecommunications industry.
(b)
				  Until a number portability solution has been developed by the
				  telecommunications industry, as an interim number portability solution,
				  interconnecting telecommunications carriers, including the incumbent carrier,
				  shall, unless shown to be economically unreasonable, make available, at
				  tariffed rates, based on total service long run incremental cost, and on
				  tariffed terms and conditions, remote call forwarding where remote call
				  forwarding is available.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 6 - NUMBER PORTABILITY AND DIRECTORY SERVICES › Section 6-80-61 - Number portability

Current through June, 2024
(a) As soon as
				  technically feasible and economically reasonable, the commission, on its own
				  motion or on the petition of any telecommunications carrier, shall institute a
				  proceeding for the deployment of number portability. The commission shall hold
				  a hearing to determine the terms and conditions of the deployment.
(b) Telecommunications carriers shall:
(1) Make necessary modifications to their
				  facilities, networks, and equipment to allow for portability of telephone
				  numbers between and among telecommunications carriers; and
(2) Cooperate and use their best efforts to
				  design, develop, and deploy the facilities, database, and associated
				  connections necessary to support number portability.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 6 - NUMBER PORTABILITY AND DIRECTORY SERVICES › Section 6-80-62 - Customer access to number portability

Current through June, 2024
(a) When and where
				  number portability is deployed, every customer, upon request, is entitled to
				  number portability.
(b) As between
				  carriers, the carrier receiving a new customer who desires to retain the
				  customer's telephone number shall bear the costs associated with number
				  portability.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 6 - NUMBER PORTABILITY AND DIRECTORY SERVICES › Section 6-80-63 - Directory assistance and directory publication

Current through June, 2024
(a) On
				  the effective date of this chapter and until ordered otherwise by the
				  commission, the incumbent telecommunications carrier shall, for the entire
				  State and for all telecommunications providers doing business in the State:
(1) Administer and maintain a central file of
				  customer list information for purposes of directory listing and directory
				  assistance;
(2) Provide directory
				  assistance services; and
(3)
				  Publish and distribute to customers of all telecommunications carriers the
				  local white and yellow page telephone directories at no charge to the
				  customers.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 6 - NUMBER PORTABILITY AND DIRECTORY SERVICES › Section 6-80-64 - Directories

Current through June, 2024
(a) A telephone directory must:
(1) Be designed and directory listings must
				  be arranged so that customer numbers can be obtained readily;
(2) Not list non-listed or non-published
				  telephone numbers;
(3) State on the
				  front cover the name of the telecommunications carrier issuing the directory,
				  the area covered by the directory, and the month and year of issue;
(4) Display in the beginning of the
				  directory, preceding the customer listings:
(A) Information about emergency calls to
				  agencies such as the police and fire departments;
(B) Instructions, for all telecommunications
				  carriers whose customers' numbers are listed in the directory, on placing
				  repair service calls, information calls, directory assistance calls, intrastate
				  calls, and calls to interexchange carriers;
(C) Information, for all telecommunications
				  carriers whose customers' numbers are listed in the directory, about billing,
				  nuisance call procedures, and emergency call procedures, and a list of
				  locations where the carriers' tariffs are available for public inspection;
(D) Information on Caller ID and
				  its related services, including information on:
(i) How Caller ID may be blocked on a per
				  call or per line basis; and
(ii)
				  The telephone number to dial for verification that the customer's request for
				  per line blocking has been effectuated; and
(E) A notice that the commission regulates
				  the carriers whose customers' numbers are listed in the directory and that any
				  customer that has first contacted the customer's carrier concerning a problem
				  and is not satisfied by the corrective action taken may contact the commission.
				  The notice shall also include the name, address, and telephone number of the
				  commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 6 - NUMBER PORTABILITY AND DIRECTORY SERVICES › Section 6-80-65 - Directory errors

Current through June, 2024
(a) Except for
				  non-published telephone numbers, if the name or telephone number of a customer
				  is incorrectly listed in or omitted from the alphabetical or classified
				  directory, the telecommunications carrier responsible for the completion of
				  calls to the customer's number shall intercept the calls to the published
				  number when the intended number is not already in service and the published
				  number has been established for service.
(b) The customer's correct name and telephone
				  number shall be placed in the files of the directory assistance and intercept
				  operators, and the correct number furnished on request or
				  interception.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 6 - NUMBER PORTABILITY AND DIRECTORY SERVICES › Section 6-80-66 - Number changes

Current through June, 2024
(a) When a
				  customer's telephone number is changed after a directory is published, the
				  responsible telecommunications carrier shall, unless the customer directs
				  otherwise, intercept all calls to the former number as specified in §
				  6-80-67.
(b) When the telephone
				  number of a customer or group of customers is changed because of plant
				  additions, plant changes, or changes to other carrier operations, the
				  responsible telecommunications carrier shall give reasonable notice to all
				  affected customers even though the change may occur at the same time a new
				  directory is issued.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 6 - NUMBER PORTABILITY AND DIRECTORY SERVICES › Section 6-80-67 - Intercept service

Current through June, 2024
(a) The intercept
				  service prescribed in §§ 6-80-65 and 6-80-66 shall be provided
				  through either a live operator or a suitable recorded announcement. On an
				  intercept, the responsible telecommunications carrier shall provide sufficient
				  information to the caller to indicate the reason the call is being intercepted
				  and provide directions to assist the caller in completing the call. The carrier
				  shall provide intercept service for the following minimum periods:
(1) For a customer-initiated residential
				  service number change, sixty days or until the distribution date of the next
				  directory, whichever is sooner;
(2)
				  For a customer-initiated business service number change, one hundred eighty
				  days or until the distribution date of the next directory, whichever is
				  sooner;
(3) For a carrier-initiated
				  number change, one year or until the distribution date of the next directory,
				  whichever is shorter; and
(4) For a
				  directory error or omission described in § 6-80-65, until the distribution
				  date of the next directory. All calls to the erroneous number shall be
				  intercepted within seventy two hours of the time the carrier becomes aware of
				  the error or omission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 7 - POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY › Section 6-80-73 - "Utility" defined

Current through June, 2024
As used in this subchapter, "utility" means a public
					 utility as defined in §
										269-1, HRS, that owns
					 or controls poles, ducts, conduits, or rights-of-way used or usable, in whole
					 or in part, for telecommunications services.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 7 - POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY › Section 6-80-74 - Poles, ducts, conduits, and rights of way

Current through June, 2024
(a) Upon a bona
				  fide request, a utility shall provide to telecommunications carriers
				  nondiscriminatory access to the poles, ducts, conduits, and rights-of-way owned
				  or controlled by the utility, provided that:
(1) Such access is technically feasible,
				  physically and legally possible, and economically reasonable;
(2) Safety of the general public is not put
				  at risk; and
(3) The availability
				  and reliability of existing utility services to the general public are not
				  compromised.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 7 - POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY › Section 6-80-75 - Negotiation

Current through June, 2024
(a) The prices, terms, and conditions for
				  access to poles, ducts, conduits, and rights-of-ways are subject to
				  negotiation. The parties to the negotiation are the carrier requesting access
				  and the requested utility. They may also include any other person who has an
				  interest in the poles, ducts, conduits, and rights-of-ways and is affected by
				  the request for access. If any pole, duct, conduit, or right-of-way is owned or
				  controlled jointly by two or more parties through a joint pole committee, the
				  joint pole committee's participation as a party to the negotiation is at the
				  joint pole committee's option; provided that any agreement reached on access to
				  any pole, duct, conduit, or right-of-way owned or controlled jointly by two or
				  more parties through the joint pole committee is subject to approval by the
				  joint pole committee. The parties shall negotiate in good faith and use their
				  best efforts to reach agreement.
(b) The commission may authorize access to
				  utility poles as provided in any joint pole agreement, tariffs, rules, orders,
				  or FCC regulations.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 7 - POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY › Section 6-80-76 - Price, terms, and conditions

Current through June, 2024
(a) The price,
				  terms, and conditions for access to poles, ducts, conduits, and rights-of-way
				  must be just, reasonable, and nondiscriminatory.
(b) A utility shall apportion the cost of
				  providing space on a pole, duct, conduit, or right of way, other than a usable
				  space, among the entities accessing the pole, duct, conduit, or right of way.
				  The apportionment shall equal two thirds of the cost of providing space other
				  than the usable space, and shall be allocated equally among all attaching
				  entities.
(c) A utility shall
				  apportion the cost of providing usable space among all entities accessing the
				  pole, duct, conduit, or right-of-way according to the percentage of usable
				  space required by each entity.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 7 - POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY › Section 6-80-77 - Mediation and arbitration

Current through June, 2024
(a) Any party
				  negotiating an agreement for access to a pole, duct, conduit, or right-of-way
				  may, at any point in the negotiation, petition the commission in writing for
				  the commission to participate in the negotiation and mediate any differences
				  arising in the course of negotiation. In that event, the provisions of will
				  apply.
(b) During the period from
				  the one hundred thirty-fifth to the one hundred sixtieth day (inclusive)
				  following the date upon which a utility receives a bona fide request for access
				  to a pole, duct, conduit, or right-of-way, the utility or any other party to
				  the negotiation may petition the commission in writing for the commission to
				  arbitrate any unresolved issues. In that event, the provisions of §
				  6-80-53 will apply.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 7 - POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY › Section 6-80-78 - Approval of agreement by the commission

Current through June, 2024
(a) All agreements
				  concerning access to poles, ducts, conduits, and rights-of-way adopted by
				  negotiation or arbitration, including any agreement negotiated and adopted
				  before the effective date of this chapter, must be submitted to the commission
				  for review and approval. Upon the submission of an agreement to the commission
				  for review and approval, a copy of the agreement shall be served on the
				  consumer advocate.
(b) The
				  commission shall approve or reject the agreement, with written findings as to
				  any deficiencies. The commission may only reject:
(1) An agreement, or any portion of the
				  agreement, adopted by negotiation if it finds that:
(A) The agreement, or any portion of the
				  agreement, discriminates against a telecommunications carrier not a party to
				  the agreement; or
(B) The
				  implementation of the agreement, or any portion of the agreement, is not
				  consistent with the public interest, convenience, and necessity; or