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 7 - POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY › Section 6-80-79 - Tariff

Current through June, 2024
If there are multiple requests for access to a pole, duct,
					 conduit, or right-of-way under the ownership or control of a telecommunications
					 carrier, or if the commission otherwise deems it reasonable and practicable,
					 the commission may require the carrier to file a cost-based tariff with the
					 commission for access to the pole, duct, conduit, or
					 right-of-way.
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 6-80-80 - Attachment modification

Current through June, 2024
(a) Whenever the
				  owner of a pole, duct, conduit, or right-of-way intends to modify or alter the
				  pole, duct, conduit, or right-of-way, the owner shall provide written
				  notification of such action to any entity that has obtained access to the pole,
				  duct, conduit, or right of-way so that such entity may have a reasonable
				  opportunity to add to or modify its existing attachment. Any entity that adds
				  to or modifies its existing attachment after receiving such notification shall
				  bear a proportionate share of the costs incurred by the owner in making such
				  pole, duct, conduct, or right-of-way accessible.
(b) An entity that obtains access to a pole,
				  duct, conduit, or right-of-way is not required to bear any of the costs of
				  rearranging or replacing its attachment, if such rearrangement or replacement
				  is required as a result of an additional attachment or the modification of an
				  existing attachment sought by any other entity, including the owner of such
				  pole, duct, conduit, or right-of-way.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-86 - Standards for telecommunications service - sources

Current through June, 2024
(a)
				  Telecommunications carriers shall abide by and adhere to:
(1) The standards set forth in this
				  subchapter;
(2) The standards set
				  forth in part VII of the commission's general order number 8, dated December
				  20, 1972, as amended, to the extent applicable and not inconsistent with this
				  chapter;
(3) Any other standards or
				  rules that the commission may establish or adopt from time to time governing
				  telecommunications services; and
(4) Any applicable federal
				  standards.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-88 - Records

Current through June, 2024
(a) A telecommunications carrier shall make
				  its records, books, accounts, and other documents available to the commission
				  and the consumer advocate at any time upon request.
(b) Unless otherwise specified by the
				  commission, a telecommunications carrier shall preserve the records required to
				  be kept and maintained for the period of time specified in the current edition
				  of the FCC's records retention schedule.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-89 - Exchange area maps

Current through June, 2024
(a) Each
				  telecommunications carrier shall file with the commission a description of its
				  exchange service area. The description must clearly delineate the boundaries of
				  the territory within which a service is provided. As appropriate, the carrier
				  shall attach to the description a map of the service territory.
(b) A telecommunications carrier receiving
				  State or federal universal service fund subsidy for providing basic service in
				  a high cost area, and a carrier providing noncompetitive service, shall file
				  with the commission an exchange area map for each of its exchanges that clearly
				  show the boundary lines of the exchange area. The maps must conform to the
				  following:
(1) The boundary lines of each
				  exchange area must either follow easily recognizable geographic features, such
				  as waterways and existing roads, or be drawn by references to specific,
				  recognizable reference points; and
(2) Contain the same detail as county highway
				  maps, including the location of highways, section lines, geographic town and
				  range lines, and waterways. Map scale and other details must be shown, as
				  required by the commission.
The carrier shall annually review each exchange area
					 boundary map and update it, if necessary. With every revised map or
					 description, the carrier shall indicate, where applicable, the boundaries of
					 all existing or proposed central offices used for billing
					 purposes.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-90 - Capital improvements

Current through June, 2024
(a) By January 1 of
				  each year, a telecommunications carrier receiving State or federal universal
				  service fund subsidy for providing basic service in a high cost area, and a
				  carrier providing noncompetitive service, shall file with the commission a
				  capital improvements budget that projects expenditures for capital improvements
				  during the ensuing five years. The budget must include details about the
				  carrier's contemplated first year expenditures.
(b) A telecommunications carrier receiving
				  State or federal universal service fund subsidy for providing basic service in
				  a high cost area, and a carrier providing noncompetitive service, shall submit
				  to the commission for review proposed capital expenditures for any single
				  project related to plant replacement, expansion, or modernization, that is
				  estimated to exceed $500,000. The carrier shall submit the proposed
				  expenditures for review at least sixty days before the commencement of
				  construction or commitment for expenditure, whichever is earlier. The
				  commission may:
(1) Approve the whole or any
				  portion of the proposed project, in which event the project or the portion
				  approved may be included by the carrier in its rate base; or
(2) After a hearing, reject the whole or any
				  portion of the proposed project, if it determines that the project or a portion
				  of it is not necessary or is unreasonably in excess of probable future
				  requirements for basic exchange or noncompetitive service, in which event the
				  carrier may not include the project or the rejected portion of the project in
				  its rate base. The commission may subsequently allow the inclusion of the
				  project or the rejected portion in the carrier's rate base upon a showing by
				  the carrier that the project or the rejected portion has become necessary or
				  useful in providing basic exchange or noncompetitive service.
If the commission does not act upon the proposed
					 expenditure within ninety days of its submission for review, the carrier may
					 include the project in its rate base without any determination by the
					 commission. The carrier shall submit data concerning the proposed project in
					 such form and detail as the commission may prescribe.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-91 - Annual financial reports

Current through June, 2024
(a) A
				  telecommunications carrier chartered, certified, or registered to provide
				  telecommunications services in the State shall file an annual financial report
				  with the commission by March 31 for the preceding calendar year. The financial
				  report must:
(1) Be prepared in a manner that
				  separately reflects the carrier's intrastate-based operations, as if the
				  carrier operated solely in intrastate business; and
(2) Include a certification that the report
				  conforms with generally accepted accounting principles.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-92 - Other reports

Current through June, 2024
(a) A
				  telecommunications carrier shall annually file the following statistical data
				  by March 31 for the preceding calendar year:
(1) Number of intrastate customers, by
				  telecommunications service; and
(2)
				  Number of intrastate calls, by telecommunications service, originating and
				  terminating in the State.
The data required under this subsection may be filed on a
					 confidential basis with the commission, consistent with § 6-80-9.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-93 - Standards for service quality

Current through June, 2024
(a) Every
				  telecommunications carrier shall, through tariffs filed with the commission,
				  establish service quality standards. Sections 6-80-94 to 6-80-98 prescribe
				  minimum standards. The minimum standards apply to all telecommunications
				  carriers, except those standards that specifically reference basic service in
				  high cost areas provided by carriers receiving State or federal universal
				  service fund subsidy and noncompetitive services. Standards that specifically
				  reference basic service in high cost areas provided by carriers receiving State
				  or federal universal service fund subsidy and noncompetitive services do not
				  apply to fully competitive and partially competitive services, provided that:
(1) The provider of any such fully
				  competitive or partially competitive services establishes its own standards;
				  and
(2) The commission, if it deems
				  it appropriate and in the public interest, may require the provider of fully
				  competitive or partially competitive services to observe the minimum
				  standards.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-94 - Service installation

Current through June, 2024
(a) Except as
				  provided in subsection (b), a telecommunications carrier shall respond to a
				  customer's request for service as quickly as practicable. For basic service in
				  high cost areas provided by carriers receiving State or federal universal
				  service fund subsidy and for noncompetitive services, the minimum standards
				  are:
(1) Complete installation of service
				  within three days of the receipt of a request in ninety per cent of the
				  requests for basic service;
(2)
				  Complete installation of service within thirty days of the receipt of a request
				  in ninety-five per cent of all other requests for service; and
(3) Meet installation date commitments in
				  ninety per cent of all service order requests, except where the carrier is
				  unable to meet its commitment due to customer-caused delays and causes beyond
				  the reasonable control of the carrier.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-95 - Disruption of service

Current through June, 2024
(a) If service is
				  disrupted, a telecommunications carrier shall make all possible efforts to
				  reestablish service in the shortest time practicable with due regard to safety.
				  For basic service in high cost areas provided by carriers receiving State or
				  federal universal service fund subsidy and for noncompetitive services, the
				  minimum standards are:
(1) Clearing
				  ninety-five per cent of all out of service troubles within twenty-four hours of
				  the time such troubles are reported;
(2) Averaging no greater than six customer
				  trouble reports per one hundred local access lines in an exchange area per
				  month; and
(3) Meeting ninety per
				  cent of the repair date commitments.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-96 - Answering calls

Current through June, 2024
A telecommunications carrier shall answer calls promptly.
					 For basic service in high cost areas provided by carriers receiving State or
					 federal universal service fund subsidy and for noncompetitive services, the
					 minimum standards are:
(1) Answering
				  eighty-five per cent of all calls made to the carrier's repair service
				  department or business office within twenty seconds; and
(2) Answering eighty-five per cent of all
				  calls to interisland toll operators and directory assistance operators within
				  ten seconds.
Answering time is the time it takes for an operator,
					 service representative, or an automated system to accept information and
					 process the call or service request. Any time spent branding the call or
					 requiring the consumer to navigate a voice menu is included as part of the
					 answering time.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-97 - Transmission requirements

Current through June, 2024
A telecommunications carrier shall maintain its
					 transmission facilities at adequate volume levels and free of excessive
					 distortion. At a minimum, a telecommunications carrier shall design and
					 maintain its facilities to achieve the following levels:
(1) Design to 8.5 dB customer line loss and
				  maintain at no more than 10 dB line loss. A carrier without interoffice
				  facilities shall design to no more than 9 dB customer line loss; and
(2) Design customer line to 25 dBrnC noise
				  and maintain at no more than 30 dBrnC noise.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-98 - Call completion

Current through June, 2024
A telecommunications carrier shall provide prompt call
					 completion. For basic service in high cost areas provided by carriers receiving
					 State or federal universal service fund subsidy and for noncompetitive
					 services, the minimum standards are:
(1) Maintain dial tone delay to less than
				  three seconds in ninety-eight per cent of all calls; and
(2) Complete ninety-seven per cent of all
				  correctly dialed local and interisland calls.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-99 - Rates and special charges information

Current through June, 2024
A telecommunications carrier shall:
(1) Upon a customer's request, provide
				  explanations of its rates, charges, and provisions applicable to
				  telecommunications service furnished or available under its tariffs;
(2) Notify a residential customer of any
				  service connection charge before the charge is incurred;
(3) Notify a customer of any special charges
				  not specifically stated in the carrier's tariff that may be assessed the
				  customer, such as charges for extraordinary construction, maintenance, and
				  replacement, for special installations, equipment, and assemblies, and for
				  overtime work; and
(4) Provide a
				  customer with an estimate of the initial billing for service (including
				  fractional monthly amounts).
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-100 - Customer billing

Current through June, 2024
(a) A
				  telecommunications carrier shall bill its customers on a regular basis. At a
				  minimum and as applicable, each bill must itemize the following:
(1) The exchange access charges for the
				  services requested by the customer;
(2) The extended area service charges, when
				  segregated as a separate tariff element;
(3) The enhanced and other local service
				  charges;
(4) The period of time for
				  which the local service and equipment charges apply;
(5) If the carrier has assumed responsibility
				  for collecting toll charges, the toll calls charged to the customer's account,
				  the date and time of each call, the length of each call, the destination of
				  each call or point of origin for collect or third party calls, or both the
				  destination and point of origin;
(6) The telephone number of the carrier's
				  business office;
(7) The due date
				  of the bill;
(8) State and federal
				  taxes, if applicable; and
(9) The
				  interstate customer line charges.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-101 - Billing information

Current through June, 2024
(a) A
				  telecommunications carrier shall maintain an accurate record of each customer
				  showing the customer's name and address and the class and type or types of
				  service furnished to the customer.
(b) A telecommunications carrier shall not
				  resell or otherwise make available to any third party any billing name and
				  address information, except for the sole and limited purpose of enabling
				  another entity to bill and collect for telecommunications services or as
				  required by law.
(c) Any carrier
				  providing billing name and address information to a qualified third party, as
				  provided in subsection (b), first shall obtain from the third party a signed
				  agreement of adherence to the carrier's procedures concerning the handling of
				  personally identifiable customer information, including the handling of
				  non-listed and non-published telephone numbers and the requirement that billing
				  name and address information may not be resold or otherwise made available to
				  any other party except as specified in subsection (b).
(d) Any carrier that determines that a third
				  party is not adhering to the signed agreement shall cease providing billing
				  name and address information to that third party after fifteen days' notice to
				  its customers and to the commission, along with a justification why the
				  cessation is necessary.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-102 - Billing disputes

Current through June, 2024
(a) When a dispute
				  arises between a customer and a telecommunications carrier regarding any bill,
				  the carrier may require the customer to pay the undisputed portion of the bill.
				  The carrier shall conduct an appropriate investigation of the disputed charge
				  or charges and shall provide a report of the investigation to the customer.
				  Where the dispute is not reconciled, the carrier shall advise the customer that
				  the customer has the right to file a complaint with the commission regarding
				  the dispute.
(b) A customer shall
				  be rebilled under the appropriate tariff schedule when:
(1) The customer was billed under a tariff
				  schedule for which the customer was not eligible; or
(2) The customer was eligible for billing
				  under more than one schedule but was billed under a schedule contrary to the
				  customer's election or if the customer's election was based on erroneous
				  information provided by the carrier.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-103 - Adjustments for out of service conditions

Current through June, 2024
(a)
				  Except as provided in subsection (b), a telecommunications carrier shall make
				  appropriate adjustments or refunds to a customer when service to the customer
				  is interrupted for reasons other than the negligence or wilful act of the
				  customer and remains interrupted for more than twenty four hours after being
				  reported or found to be out of order.
(b) If service is interrupted by a natural or
				  other disaster beyond the control of the telecommunications carrier, the
				  carrier shall make adjustments and refunds to its affected customers if service
				  is not restored within forty eight hours.
(c) The amount of any adjustment or refund
				  shall be based on the known period of interruption, beginning from the time the
				  service interruption is first reported or found.
The adjustment or refund is the prorated part of the
					 month's charge for the days or portion of days that service or facilities
					 remained inoperative.
(d)
				  The refund may be made in the form of a credit on a subsequent bill.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-104 - Establishment of credit

Current through June, 2024
(a) For purposes of
				  receiving service from a telecommunications carrier, a customer may establish
				  credit in one or more of the following ways:
(1) Furnishing credit information and
				  references satisfactory to the carrier. In determining whether the credit of
				  the customer is acceptable, the carrier may consider the customer's credit and
				  payment history rating as reported by a nationally recognized credit reporting
				  organization, the customer's ownership interest in the premises where service
				  is to be furnished, and the customer's employment;
(2) Establishing a record of prompt payment
				  for service for six to twelve consecutive months; or
(3) Furnishing a guarantor satisfactory to
				  the carrier to secure payment of bills for service rendered.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-105 - Customer deposits

Current through June, 2024
(a) A
				  telecommunications carrier may require a customer to make a cash deposit to
				  guarantee payment of bills for service until credit is established. The deposit
				  may not exceed two times the average monthly bill for the same class of service
				  provided by the carrier to the same class of customers in the given exchange.
				  An estimate of monthly billings may be used for the purpose of determining a
				  deposit if it can be shown that the customer's usage may be substantially
				  different from the average usage for the same class of service.
(b) The carrier shall return the deposit to
				  the customer within thirty days of the customer's establishing credit. If
				  returned within thirty days, the carrier need not pay any interest on the
				  deposit. If the deposit is not returned within thirty days, the carrier shall
				  pay simple interest on the deposit at the rate of at least six per cent per
				  annum from the date of the establishment of the credit until:
(1) The deposit is returned;
(2) Service is terminated; or
(3) Notice is sent to the customer's last
				  known address that the deposit is no longer required.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-106 - Denial or discontinuance of service

Current through June, 2024
(a) A
				  telecommunications carrier may deny or discontinue service to a customer
				  without the customer's permission and without prior notice for any one or more
				  of the following reasons:
(1) If a condition
				  immediately dangerous or hazardous to life, physical safety, or property
				  exists;
(2) Upon an order of any
				  court, the commission, or any other duly authorized public authority;
				  or
(3) If service was obtained
				  fraudulently or without the authorization of the carrier.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 8 - STANDARDS FOR TELECOMMUNICATIONS SERVICE › Section 6-80-107 - Customer complaints

Current through June, 2024
A telecommunications carrier shall promptly respond to
					 customer complaints. The carrier shall:
(1) Receive trouble reports twenty-four hours
				  a day and all other complaints during normal business hours, without toll or
				  any other charge;
(2) Investigate
				  all customer complaints fully and promptly;
(3) Handle all customer complaints in an
				  efficient and courteous manner;
(4)
				  Advise a customer who has exhausted the carrier's internal procedures and
				  expresses dissatisfaction with the carrier's action of the customer's right to
				  have the customer's complaint considered and reviewed by the commission. The
				  advice must include the commission's address and telephone number;
(5) Investigate and respond within thirty
				  days to any customer complaint transmitted by the commission to the carrier,
				  either by letter or by telephone;
(6) Not issue any notice of discontinuance of
				  service for nonpayment of a disputed amount while a complaint on the matter is
				  under investigation by the carrier or the commission; and
(7) Maintain an accurate record of each
				  customer complaint, including the complainant's name, the date and nature of
				  the complaint, and its disposition. The record shall be kept for a period of
				  two years following the final settlement or disposition of the
				  complaint.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 9 - CUSTOMER RIGHTS AND PRIVACY › Section 6-80-113 - Customer rights in a competitive telecommunications market

Current through June, 2024
(a) In a competitive intrastate
				  telecommunications market, customers, to the extent technically feasible, are
				  entitled to the results enumerated below. A competitive intrastate
				  telecommunications market is evolving and each of the enumerated results is to
				  be achieved within a reasonable time frame. The results to which customers are
				  entitled are:
(1) Safe, adequate, and
				  reliable telecommunications service, regardless of the carrier chosen or
				  subscribed to by the customer;
(2)
				  Increased choice of telecommunications carriers and services;
(3) Non-discriminatory access to the
				  telecommunications carrier of the customer's choice without the need to dial
				  additional digits or access codes;
(4) Equal opportunity to access basic and
				  advanced intrastate telecommunications services;
(5) Quality services at prices comparable to
				  current prices or less;
(6) Access
				  to a telecommunications network that is seamless and transparent; and
(7) Basic, essential levels of
				  telecommunications services to all residences and households of the State at
				  affordable rates and pricing options, without undue discrimination.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 9 - CUSTOMER RIGHTS AND PRIVACY › Section 6-80-114 - Customer's entitlement to information

Current through June, 2024
Every customer is entitled to basic information about a
					 telecommunications carrier's service. Upon request for service, a
					 telecommunications carrier shall provide the following information to the
					 customer:
(1) The availability of
				  facilities to provide the requested service at the location where the customer
				  desires service;
(2) The carrier's
				  lowest-priced alternative available at the customer's location to meet the
				  customer's needs;
(3) The
				  availability for inspection by the customer of the carrier's rate schedules and
				  rules relating to the carrier's service, as filed with the commission, and the
				  customer's right to obtain at reproduction cost a copy of any tariff and
				  service rule;
(4) The circumstances
				  under which the carrier may require a deposit or additional deposit; how a
				  deposit is calculated; the interest paid on deposits; and the time frame and
				  requirement for the return of the deposit to the customer;
(5) The hours, addresses, and telephone
				  numbers of carrier offices where bills may be paid and information may be
				  obtained;
(6) The toll free number
				  that the customer may use for repair service or billing inquiries;
(7) The time allowed to pay outstanding
				  bills;
(8) How billing disputes may
				  be resolved;
(9) Alternative
				  payment plans offered by the carrier, such as automatic bill payment;
(10) Available grievance procedures and the
				  right of the customer to file a complaint with the commission regarding any
				  matter concerning the carrier's rates or service;
(11) Grounds for suspension of
				  service;
(12) The steps the carrier
				  must take before it may terminate service;
(13) That service cannot be discontinued for
				  nonpayment of a disputed amount under investigation by the carrier;
(14) That basic residential service may not
				  be discontinued for non-payment of interisland, interstate, or international
				  service, flexibly priced services, fully or partially competitive services, or
				  any telecommunications service offered by a third party, subject to the right
				  of the carrier to refuse to provide interisland service, flexibly priced
				  services, or fully or partially competitive services based on the nonpayment
				  for any of these services, even if the debt is to another carrier;
(15) The right of the customer to change
				  carriers and the procedures for changing carriers;
(16) The steps necessary to be taken to have
				  service reconnected after involuntary suspension; and
(17) Information on Caller ID and its related
				  services, including information on:
(A) How
				  caller ID may be blocked on a per call or per line basis; and
(B) The telephone number to dial for
				  verification that the customer's request for per line blocking has been
				  effectuated.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 9 - CUSTOMER RIGHTS AND PRIVACY › Section 6-80-115 - Standards for customer privacy

Current through June, 2024
(a) A
				  telecommunications carrier shall:
(1) Except
				  as required by law or with the approval of the customer, collect, maintain,
				  use, disclose or permit access to personally identifiable customer information
				  that it receives or obtains by virtue of its provision of a telecommunications
				  service only to the extent necessary to initiate, provide, or maintain the
				  telecommunications service from which the information is derived or services
				  necessary to, or used in, the provision of the telecommunications service,
				  including billing and collection and the publishing of directories;
(2) Respect and safeguard personally
				  identifiable customer information, equipment, and records from unauthorized
				  access or use;
(3) Maintain the
				  confidentiality of personally identifiable customer information when
				  undertaking or participating in projects or ventures with others, and not
				  disseminate, distribute, disclose, transfer, or sell such information for use
				  by persons outside of the telecommunications industry or by other carriers for
				  marketing purposes;
(4) Provide a
				  customer or, upon the affirmative written request of the customer, provide to
				  any person designated by the customer access to all personally identifiable
				  customer information about that customer, collected and maintained by the
				  telecommunications carrier. The carrier shall make the information available at
				  reasonable times and at a convenient place designated by the carrier. The
				  carrier shall provide the customer reasonable opportunity to correct any error
				  in the information;
(5) Respect
				  customers' rights to personal privacy, as recognized by law;
(6) Maintain the privacy and confidentiality
				  of customer conversations and data transmitted via the telecommunications
				  network and lines, unless otherwise authorized by law;
(7) Offer and maintain a customer's right to
				  non-listed or non-published numbers;
(8) Promptly honor a customer's request for
				  account, billing, or payment information that the carrier has about the
				  customer;
(9) Promptly honor a
				  customer's request to remove the customer's name from the carrier's
				  solicitation list; and
(10) Make
				  available to every customer Caller ID per line blocking at no charge.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 9 - CUSTOMER RIGHTS AND PRIVACY › Section 6-80-116 - Aggregate customer information

Current through June, 2024
(a) A
				  telecommunications carrier may use, disclose, or permit access to aggregate
				  customer information, derived from information received or obtained by the
				  carrier by virtue of its provision of a telecommunications service, to other
				  carriers or persons for purposes other than the provision of telecommunications
				  services; provided that the carrier provides such aggregate customer
				  information to other carriers or persons on reasonable and nondiscriminatory
				  terms and conditions upon reasonable request.
(b) "Aggregate customer information," as used
				  in this section, means collective data that relate to a group or category of
				  services or customers, from which individual customer identities and
				  characteristics have been removed.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 10 - ABANDONMENT OR DISCONTINUANCE OF SERVICE › Section 6-80-122 - Abandonment or discontinuance of noncompetitive service

Current through June, 2024
(a) A telecommunications carrier intending or
				  seeking to abandon or discontinue offering or providing a noncompetitive
				  service in any geographic or exchange area shall, not later than six months
				  before the proposed date of abandonment or discontinuance of service, provide a
				  written notice of its intent to:
(1) The
				  commission;
(2) The consumer
				  advocate;
(3) Its affected
				  customers; and
(4) Every
				  telecommunications carrier in the State providing the same or equivalent
				  service that is proposed to be abandoned or discontinued.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 10 - ABANDONMENT OR DISCONTINUANCE OF SERVICE › Section 6-80-123 - Abandonment or discontinuance of fully or partially competitive service

Current through June, 2024
(a) A telecommunications carrier intending or
				  seeking to abandon or discontinue offering or providing a fully or partially
				  competitive service shall, not later than thirty days before the proposed date
				  of abandonment or discontinuance, provide a written notice of its intent to the
				  commission, the consumer advocate, and its affected customers. The commission
				  may suspend and investigate the proposed abandonment or discontinuance and hold
				  an expedited hearing on the matter.
(b) The commission may:
(1) Allow the proposed abandonment or
				  discontinuance of service to take effect on such reasonable terms and
				  conditions that it deems are in the public interest;
(2) Delay the effective date of the proposed
				  abandonment or discontinuance of service; or
(3) Deny the proposed abandonment or
				  discontinuance of service unless the carrier demonstrates that a reliable
				  competitive alternative exists at reasonable rates.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 11 - PROHIBITED ACTS › Section 6-80-129 - Prohibited acts

Current through June, 2024
No telecommunications carrier shall:
(1) File, submit, or present to the
				  commission an application, petition, tariff, or other document that contains
				  false or misleading information, facts, or materials, or that omits material
				  information, facts, or materials;
(2) Engage in subsidization of competitive
				  services by noncompetitive services, predatory pricing, price discrimination,
				  or other similar anti-competitive behavior;
(3) Refuse to negotiate with others in good
				  faith, or refuse to use its best efforts in negotiating;
(4) Engage in acts, conduct, or behavior with
				  the sole purpose of delaying negotiations;
(5) Unreasonably refuse or delay access to
				  its exchange by another telecommunications carrier;
(6) Unreasonably refuse to provide or delay
				  interconnection or unbundling to another telecommunications carrier;
(7) Provide inferior interconnections to
				  another telecommunications carrier;
(8) Degrade the quality of access provided to
				  another telecommunications carrier;
(9) Impair the speed, quality, or efficiency
				  of access lines used by another telecommunications carrier;
(10) Upon bona fide request, unreasonably
				  refuse to fully disclose in a timely manner all information necessary to
				  achieve the objectives of subchapters
				  5,
				  6, and 7;
(11) Unreasonably bundle unwanted services or
				  products for sale or lease to another telecommunications carrier;
(12) Sell services or products, extend
				  credit, or offer other terms and conditions on more favorable terms to an
				  affiliate of the telecommunications carrier, or to the carrier's retail
				  department, than to other carriers;
(13) Prevent or prohibit customers from
				  terminating the carrier's service at any time without penalty or liability,
				  except business customers who are served by special contracts and customers who
				  sign up for services underwritten service agreements that specifically include
				  a penalty or liability for early termination of service, in which case, the
				  carrier's tariff must set forth such penalty or liability;
(14) Substitute its service for a similar
				  service provided by a carrier of the customer's choice or cause a
				  telecommunications service to be provided to a customer by a telecommunications
				  carrier other than the carrier of the customer's choice, without the customer's
				  written consent;
(15) Fail to
				  respect the privacy of personally identifiable customer information as provided
				  in § 6-80-115;
(16) Violate
				  any applicable State law or commission order or rule; or
(17) Engage in any action, conduct, or
				  behavior contrary or detrimental to the public interest.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 12 - EXEMPTION AND WAIVER › Section 6-80-135 - Exemption and waiver

Current through June, 2024
(a) The commission
				  may, upon its own motion or upon the written request of any person or
				  telecommunications carrier, exempt or waive a telecommunications carrier or
				  telecommunications service from the provisions of chapter
				  269, HRS, this chapter, or any other
				  telecommunications-related rule, in whole or in part, upon the commission's
				  determination that the exemption or waiver is in the public interest; provided
				  that the commission may not exempt or waive a telecommunications carrier or
				  telecommunications service from:
(1) Any
				  provisions of §
											269-34,
				  HRS; or
(2) Any provisions of this
				  chapter that implement §
											269-34,
				  HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 12 - EXEMPTION AND WAIVER › Section 6-80-136 - Standard list of waivers

Current through June, 2024
(a) Unless ordered
				  otherwise by the commission, the following regulatory requirements of chapter
				  269, HRS, for the provision of intrastate telecommunications services by
				  telecommunications carriers other than the incumbent carrier are waived:
(1) Requirement that a separate, formal
				  application for certification be filed with the commission for each new
				  telecommunications service the telecommunications carrier proposes to offer, as
				  mandated by §
											269-7.5,
				  HRS, and § 6-61-86. Instead, the carrier shall file a separate tariff for
				  each proposed new service;
(2)
				  Requirement that a telecommunications carrier maintain its financial records in
				  conformance with the uniform system of accounts, as mandated by §
											269-8.5,
				  HRS. Instead, the carrier may maintain its financial records in accordance with
				  generally accepted accounting principles;
(3) Requirement that all records and books
				  pertaining to the telecommunications carrier's intrastate operations be located
				  in the State, as mandated by §
											269-8.2, HRS.
				  Instead, the carrier shall promptly provide copies of its out-of-state records
				  and books to the commission upon the commission's request; and
(4) Requirement subjecting telecommunications
				  carriers to rate of return regulation and to public and contested case hearings
				  on proposed rate increases, as mandated by §
											269-16,
				  HRS, and §§ 6-61-86 to 6-61-88; except that waiver of this
				  requirement does not apply to basic service in high cost areas provided by
				  carriers receiving State or federal universal service fund subsidy or to
				  noncompetitive services.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES › Subchapter 12 - EXEMPTION AND WAIVER › Section 6-80-137 - Modification and rescission

Current through June, 2024
(a) Upon its own
				  motion or upon the written request of any person, the commission may modify by
				  order any exemption or waiver granted, if it deems that such action is
				  necessary to protect the public interest.
(b) Upon its own motion or upon the written
				  request of any person, the commission may rescind any exemption or waiver
				  granted, if, after notice and hearing, it finds that:
(1) The conditions prompting the granting of
				  the exemption or waiver no longer apply;
(2) The exemption or waiver is no longer in
				  the public interest; or
(3) The
				  telecommunications carrier has failed to comply with:
(A) One or more of the conditions of the
				  exemption or waiver; or
(B) Any
				  applicable State law or commission order or rule.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-1 - Purpose of the rules

Current through June, 2024
The purpose of this chapter is to adopt standards and
					 procedures governing the implementation of the universal service fund for the
					 State, pursuant to:
(1) Act 225,
				  Session Laws of Hawaii 1995, enacted on June 29, 1995; and
(2) The Federal Telecommunications Act of
				  1996, enacted on February 8, 1996.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-2 - Policy

Current through June, 2024
It is the State's policy to preserve and advance universal
					 service by:
(1) Maintaining
				  affordable, just, and reasonable rates for basic exchange service;
(2) Assisting customers located in areas of
				  the State that have high costs of basic telecommunications services and
				  assisting low-income customers and customers with disabilities in obtaining and
				  maintaining access to basic services; and
(3) Enhancing the deployment of access to
				  basic and advanced telecommunications services to public
				  institutions.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-3 - Application of additional sources

Current through June, 2024
This chapter:
(1)
				  Shall be read in context with any applicable:
(A) Federal law and regulation; and
(B) State law and commission order and rule,
				  including chapter
				  269, HRS, and chapter
				  6-61; and
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 81 - UNIVERSAL SERVICE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 6-81-5 - Use of the fund

Current through June, 2024
(a) The universal
				  service fund may be used for any of the following purposes:
(1) To defray the costs of administering the
				  fund, including the costs of completing an annual, independent audit;
(2) To subsidize telecommunications carriers
				  that provide basic service to:
(A) Low income
				  customers; and
(B) Customers in
				  high cost areas; and
(3)
				  To the extent provided in this chapter, to subsidize telecommunications
				  carriers that provide basic service and advanced telecommunications service to
				  public institutions.