reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 7 - GROUNDS FOR DENIAL, REVOCATION, SUSPENSION, REFUSAL TO RENEW OR RESTORE, OR TO CONDITION REGISTRATION › Section 16-117-48 - Grounds for denial, revocation, suspension, refusal to renew or restore, or to condition registration

Current through June, 2024
In addition to any other acts or conditions provided by law,
				  the director may deny, revoke, suspend, refuse to renew or restore, or
				  condition in any manner, any registration for any one or more of the following
				  acts or conditions:
(1) Failure to
				meet or maintain the conditions and requirements necessary to qualify for the
				granting of registration;
(2)
				Failure to establish or maintain a client trust account in accordance with Act
				231, SLH 1992, or to provide a bond or irrevocable letter of credit;
(3) Failure to notify the director of any
				change of the client trust account number or location in accordance with
				section -9, Act 231, SLH 1992;
(4)
				Failure to notify the director of any change of information, documentation, or
				mailing address in accordance with section 16-117-14, and subchapter
				5;
(5) Violating any condition or
				limitation upon which the conditional registration was issued;
(6) Failure to comply with the deposit and
				withdrawal provisions of Act 231, SLH 1992, and this chapter;
(7) Violating this chapter, the applicable
				registration laws, or any rule or order of the director; or
(8) Knowingly or intentionally violating
				sections -9(a), (b) or (c) of Act 231, SLH 1992.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 9 - FEES › Section 16-117-65 - Fees established

Current through June, 2024
(a) The fees for
				applications, registration, renewal, restoration, and compliance resolution
				shall be as follows:
(1) Application fee
				......................... $20
(2)
				Registration fee .......................... $40
(3) Biennial renewal fee
				...................... $20
(4)
				Restoration fee for failure to renew shall be the renewal fee, plus ...........
				$20
(5) Compliance resolution fund
(A) Compliance resolution fund fee ..........
				$25
(B) Annual compliance
				resolution fund fee .................... $25
(C) Biennial compliance resolution fund fee
				.................... $50
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 9 - FEES › Section 16-117-66 - Form of fee

Current through June, 2024
The fees, if in the form of money order or check, shall be
				  made payable to the department of commerce and consumer
				  affairs.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 9 - FEES › Section 16-117-67 - Dishonored checks considered failure to meet requirements

Current through June, 2024
The dishonoring of any check upon first presentment shall be
				  considered a failure to meet the requirements herein.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 2 - APPLICATION FOR SERVICE › Section 16-131-2 - Application or service order

Current through June, 2024
Any service order is a request for service but does not bind
				  the cable operator to furnish the service except as set forth in the tariffs;
				  nor does it bind the applicant to take service.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 2 - APPLICATION FOR SERVICE › Section 16-131-3 - Cancellation of application by applicant

Current through June, 2024
Service orders cancelled by the applicant or by the cable
				  operator prior to the establishment of the applied for service are subject to
				  the following conditions:
(1) If
				cancellation by the applicant is prior to the start of installation of the
				cable operator's facilities on the applicant's premises, no charge applies.
				However, if the cable operator has incurred an expense, the applicant may be
				charged an amount equal to the costs incurred in the installation prior to the
				date of cancellation, less estimated net salvage; or
(2) If cancellation by the applicant is
				subsequent to the start of the installation of the cable operator's facilities
				on the applicant's premises but before the facilities are connected for
				service, the applicant may then be billed for all charges for facilities
				actually installed prior to the date of cancellation, less estimated
				salvage.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 2 - APPLICATION FOR SERVICE › Section 16-131-4 - Cancellation of application by the cable operator

Current through June, 2024
If the applicant refuses to comply with the requirements set
				  forth in the company's tariffs prior to the establishment of service, the cable
				  operator may cancel the application. In such a case, the cable operator shall
				  send a notice to the applicant setting forth the basis for cancellation,
				  together with a refund of all amounts collected from the
				  applicant.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 2 - APPLICATION FOR SERVICE › Section 16-131-5 - Credit

Current through June, 2024
Cable operators, in the extension of credit for service,
				  shall:
(1) Make all credit
				determinations on the basis of the applicant's individual credit record. The
				cable operator shall not make any determination based on arbitrary
				classifications unrelated to credit reliability such as socio-economic and
				place of residence distinctions;
(2) Inform all applicants for service who
				shall be required to place a deposit with the cable operator of the basis for
				the requirement;
(3) Afford
				applicants for service and subscribers the right to examine their credit
				records and all other documents utilized in evaluating the applicant's credit
				reliability and make corrections of misinformation utilized or contained
				therein;
(4) Protect the
				confidentiality of applications and credit records of subscribers and
				applicants for service;
(5) Require
				as a credit deposit no more than a sum equivalent to a month's charge for cable
				communications service; and
(6)
				Refund all of a subscriber's deposit for basic cable services within one year
				of the date of deposit, provided that the subscriber has demonstrated a
				satisfactory payment record.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 3 - SERVICE CONNECTION FACILITIES AND SPECIAL SERVICE FACILITIES › Section 16-131-6 - General

Current through June, 2024
Except as otherwise provided in this chapter, the cable
				  operator shall provide cable facilities necessary to serve applicants or
				  subscribers in accordance with its rates, rules, and current construction
				  standards.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 3 - SERVICE CONNECTION FACILITIES AND SPECIAL SERVICE FACILITIES › Section 16-131-7 - Service drops

Current through June, 2024
(a) The cable operator shall provide two
				hundred feet of service drop over private property without any additional
				charge beyond the normal installation charge shown in the cable operator's
				filed tariff.
(b) If the applicant
				requests a service drop longer than two hundred feet, it may be treated as a
				special service facility and handled under section 16-131-9.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 3 - SERVICE CONNECTION FACILITIES AND SPECIAL SERVICE FACILITIES › Section 16-131-9 - Special services facilities

Current through June, 2024
(a) The terms for
				special service facilities may be negotiated between the cable operator and the
				applicant or applicants requesting such facilities. In the event the parties
				are unable to agree, the matter may be brought to the director for
				resolution.
(b) The cable operator
				may not charge an amount in excess of actual cost.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 3 - SERVICE CONNECTION FACILITIES AND SPECIAL SERVICE FACILITIES › Section 16-131-10 - Interior wiring

Current through June, 2024
All interior wiring in a single-family dwelling and
				  multiple-dwelling buildings necessary to provide cable service, including all
				  cable outlets, shall be installed and maintained by the operator, except as
				  allowed in section
				  16-131-12 and applicable
				  tariffs.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 3 - SERVICE CONNECTION FACILITIES AND SPECIAL SERVICE FACILITIES › Section 16-131-11 - Ownership of subscriber contributed facilities

Current through June, 2024
In all cases where the subscriber has, through installation
				  and other charges, underwritten the cost of materials and supplies necessary
				  for the connection of subscriber equipment to the distribution lines of the
				  cable system, these materials, supplies, and connections shall be deemed to be
				  owned by the subscriber. The cable operator, as a service included within the
				  monthly service charge, shall be responsible for the maintenance of the
				  subscriber-owned facilities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 3 - SERVICE CONNECTION FACILITIES AND SPECIAL SERVICE FACILITIES › Section 16-131-12 - Connection with certain subscriber-owned facilities

Current through June, 2024
Cable or wire facilities owned by the subscriber and meeting
				  all federal and state cable technical standards, in particular radiation and
				  system isolation, may be connected with the facilities of the cable operator
				  when otherwise provided for in this chapter or in the cable operator's tariffs
				  on file with the director.
The facilities of the subscriber shall be so constructed,
				  maintained, and operated as to be capable of functioning as a part of the
				  system without adversely affecting service provided to other
				  subscribers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 4 - SYSTEM FAULTS - INTERRUPTIONS › Section 16-131-15 - Major system faults

Current through June, 2024
In the case of major system faults, corrective action shall
				  be taken to restore service immediately. Major system faults shall be reported
				  to the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 4 - SYSTEM FAULTS - INTERRUPTIONS › Section 16-131-16 - Credit for service interruptions

Current through June, 2024
In the event the subscriber's service is interrupted other
				  than by the negligence or willful act of the subscriber and remains out of
				  order for twenty-four hours or longer after being reported to be out of order,
				  appropriate adjustments or refunds shall be made to the subscriber. In the
				  event the subscriber's service is interrupted by natural or other disaster
				  beyond the control of the cable operator adjustments or refunds shall be made
				  to subscribers affected, if service is not restored within seventy-two hours.
				  The amount of adjustment or refund shall be determined on the basis of the
				  known period of interruption, generally beginning from the time the service
				  interruption is first reported. The refund to the subscriber shall be the pro
				  rata part of the month's charge for the period of days that service was
				  interrupted. The refund may be accomplished by a credit on a subsequent bill
				  for cable services.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 5 - DISCONTINUANCE OF SERVICE › Section 16-131-17 - Non-payment of bills

Current through June, 2024
Service to a subscriber may be discontinued for the
				  non-payment of a bill if the bill has not been paid within thirty days after
				  presentation, provided that the cable operator thereafter gives the subscriber
				  at least ten days actual notice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 5 - DISCONTINUANCE OF SERVICE › Section 16-131-18 - Non-payment of bills at different location

Current through June, 2024
Service furnished a subscriber may be refused or
				  discontinued by the cable operator for non-payment of a bill for cable services
				  furnished to the same subscriber at another location.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 5 - DISCONTINUANCE OF SERVICE › Section 16-131-19 - Noncompliance with rules or conditions

Current through June, 2024
Except as otherwise set forth in this chapter, the services
				  of a subscriber may be discontinued for noncompliance with any rule or
				  condition under which the service is furnished, provided ten days actual notice
				  is given advising the subscriber of the particular rule or condition which has
				  been violated and with respect to which, service may be discontinued if the
				  violation is not corrected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 5 - DISCONTINUANCE OF SERVICE › Section 16-131-20 - False or misleading information

Current through June, 2024
The cable operator has the right to refuse service and to
				  discontinue service if the cable operator finds that an applicant or subscriber
				  has furnished false or misleading information in obtaining service or
				  credit.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 5 - DISCONTINUANCE OF SERVICE › Section 16-131-21 - Protection of service

Current through June, 2024
The cable operator has the right to refuse service or to
				  discontinue service when the intended or actual use of the service will
				  adversely affect other subscribers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 6 - BILLS AND PAYMENT FOR SERVICE › Section 16-131-22 - Billing period

Current through June, 2024
Bills for service shall be rendered at one month intervals.
				  Bills may be rendered at other intervals with the approval of the
				  director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 6 - BILLS AND PAYMENT FOR SERVICE › Section 16-131-24 - Dispute between cable operator and subscriber

Current through June, 2024
In the event of a dispute between a subscriber and the cable
				  operator respecting any bill, charge, or service, the cable operator shall
				  immediately make an investigation and report the result thereof to the
				  subscriber. In the event the matter cannot be satisfactorily adjusted, the
				  subscriber may request an investigation and determination from the
				  director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 7 - TARIFFS › Section 16-131-25 - Tariff filings

Current through June, 2024
(a) Tariff filings
				shall be in accordance with the following:
(1)
				All rules and rate schedules shall be filed in loose leaf form on size
				8-1/2 x 11
				inch sheets. Each sheet shall be plainly typewritten, printed, or otherwise
				reproduced by a durable process on paper of good quality. No written alteration
				or erasure shall be made in any rule or rate schedule;
(2) Each sheet shall be individually
				identified, by the schedule number, as required in section 16-131-27, page
				numbered, and shall state the effective date in the upper right-hand corner;
				and
(3) An original of all rules
				and rate schedules shall be filed with the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 7 - TARIFFS › Section 16-131-26 - Availability of tariffs to subscribers and the public

Current through June, 2024
The cable operator shall maintain on file at each of its
				  offices, all of the cable operator's rules and rate schedules applicable to the
				  service area. All rules and rate schedules shall be available for public
				  inspection at all reasonable times.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 7 - TARIFFS › Section 16-131-27 - Tariff format

Current through June, 2024
All tariffs filed with the director shall utilize the
				  following format:
Schedule No.
TABLE OF CONTENTS
A
PRELIMINARY STATEMENT
B
CONDITIONS OF SERVICE
C
RATES AND CHARGES
D
LINE EXTENSION POLICY
E
AREAS SERVED
F
(b) The
				preliminary statement section shall include a description of the cable
				operator, a general description of the services offered, and the definition of
				terms or symbols used in the tariff.
(c) The conditions of service section shall
				describe the terms and conditions under which cable service is provided to
				subscribers, including policies which affect subscriber service, including:
(1) The information provided to subscribers
				described in section 16-131-61;
(2)
				The policies and procedures of service:
(A)
				Office hours, telephone numbers, mailing and street addresses;
(B) Installation and disconnection of
				service;
(C) Maintenance and
				repairs; and
(D) Other policies and
				procedures affecting subscribers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 7 - TARIFFS › Section 16-131-28 - Maximum rates and charges

Current through June, 2024
The rates, charges, and terms of service submitted and
				  approved by the director to the extent permissible under law, shall be maximum
				  rates and terms which may be charged for cable communications service. The
				  cable operators may offer nondiscriminatory lower rates.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 9 - CHANNEL CAPACITY › Section 16-131-30 - Minimum channel capacity

Current through June, 2024
Each cable operator shall have at least 120 MHz of usable
				  bandwidth (the equivalent of twenty television broadcast channels) available
				  for immediate use for the totality of cable services to be offered.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 9 - CHANNEL CAPACITY › Section 16-131-32 - Public access channel

Current through June, 2024
Each cable operator shall maintain at least one specially
				  designated, noncommercial public access channel available on a first-come,
				  nondiscriminatory basis. The cable operator shall maintain and have available
				  for public use at least the minimal equipment and facilities necessary for the
				  production of programming for such a channel.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 9 - CHANNEL CAPACITY › Section 16-131-36 - Expansion of access channel capacity

Current through June, 2024
Whenever any of the channels described in sections
				  16-131-32 to
				  16-131-34 are in use four out of
				  five days (Monday-Friday) for eighty per cent of the time during a consecutive
				  three-hour period for six consecutive weeks, the cable operator shall have six
				  months in which to make a new channel available for any or all of the purposes
				  described in sections
				  16-131-32 to
				  16-131-34.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 9 - CHANNEL CAPACITY › Section 16-131-37 - Program content control

Current through June, 2024
No cable operator shall exercise control over program
				  content on any of the channels described in sections
				  16-131-32 to
				  16-131-36.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 10 - PLANT › Section 16-131-38 - Headend location

Current through June, 2024
The headend facility may be physically located outside the
				  cable operator's service area, however, a cable operator shall provide service
				  to the public (i.e. hook-up subscribers) only within its service area. Upon
				  receiving approval of the director, one or more cable operators may be
				  permitted to utilize the same headend facilities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 10 - PLANT › Section 16-131-39 - Cable routing

Current through June, 2024
Cable facilities of a cable operator may be routed through
				  areas not within that cable operator's service area if the purpose of the
				  routing is to bring into the cable operator's service area the signals from a
				  headend located outside the cable operator's service area; or to furnish cable
				  service to two non-contiguous service areas being served by the same cable
				  operator. The routing shall be approved by the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 10 - PLANT › Section 16-131-39.4 - Compliance with rules

Current through June, 2024
Each cable operator shall comply with applicable utility
				  practices, Public Utility Commission Orders, pole line agreements, state
				  statutes and rules, franchises, city and county ordinances, and such other
				  rules as may be applicable for the proper construction, operation, and
				  maintenance of said cable system.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 11 - TECHNICAL STANDARDS › Section 16-131-40 - General

Current through June, 2024
The following performance standards shall be adhered to by
				  all cable systems:
(1) The frequency
				of the visual carrier shall be maintained at 1.25 MHz
+
25 KHz above the lower boundary of the cable
				television channel, except that, in those systems that supply subscribers with
				a converter in order to facilitate delivery of cable television channels, the
				frequency of the visual carrier at the output of each converter shall be
				maintained at 1.25 MHz
+
250 KHz above the lower
				frequency boundary of the cable television channel;
(2) The frequency of the aural carrier shall
				be 4.5 MHz
+
1 KHz above the frequency of the visual
				carrier;
(3) The visual signal
				level at the picture frequency for each desired television channel shall be at
				least 0 dBmv (1,000 microvolts referred to 75 ohms), except when overload
				occurs at which time attenuation may be used to provide acceptable picture
				quality, and shall be maintained within:
(A) 3
				dB of the visual signal on either adjacent cable television channel (except for
				secured channels); and
(B) 10 dB of
				the visual signal level on any other cable television channel (except for
				secured channels);
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 12 - SYSTEM TESTS › Section 16-131-41 - Request tests

Current through June, 2024
If a subscriber is unable to obtain satisfaction from the
				  cable operator with respect to the quality of the cable signal, the director
				  may require the cable operator to send a technician to accompany a
				  representative from the department to the subscriber's dwelling where a test
				  shall be made at the subscriber's cable terminal to measure the quality of
				  cable signal at that point. In the case of multiple dwelling units such as
				  apartments where the signal is distributed on a bulk basis utilizing a
				  distribution system which does not belong to the cable operator, the test shall
				  be made at the input point where the cable signal interfaces with the
				  distribution system in the building or buildings. If the distribution system
				  within the building or buildings is furnished by the cable operator, then the
				  test shall be made at the subscriber's terminal just the same as in the case of
				  single-family dwellings.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 12 - SYSTEM TESTS › Section 16-131-42 - Test records

Current through June, 2024
A record of all cable equipment tests and adjustments and
				  data sufficient to allow checking of the results shall be recorded and shall
				  include: the identifying number of the cable equipment, its type, the date and
				  kind of test, and the results as found at each test. The record of tests of
				  each cable equipment shall be maintained for at least two
				  years.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 13 - CABLE OPERATOR REPORTS › Section 16-131-43 - Report on ownership

Current through June, 2024
Annually, on or before January 31, each cable operator shall
				  file with the director a list of all shareholders and undisclosed principals
				  holding one or more per cent of the corporation's shares, noting the kind of
				  shares held and the amounts held thereof. The cable operator shall also list
				  its interest and the amount thereof in any other corporation, partnership, or
				  business.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 13 - CABLE OPERATOR REPORTS › Section 16-131-44 - Report on financial condition

Current through June, 2024
Each cable operator, within one hundred twenty days after
				  the close of its fiscal year, shall submit to the director financial review or
				  audited financial statements for the preceding fiscal year. Financial
				  statements, whether audited or in the form of financial review, shall include
				  at minimum a balance sheet, a statement of income and equity, and a statement
				  of changes in financial position and further, each such statement shall contain
				  appropriate notes. Audited statements shall be required:
(1) During the first three years of operation
				following the initial issuance or transfer of a cable franchise;
(2) If there have been any material changes
				in the financial condition, operations, or control and management of the
				operator;
(3) If the director
				determines that continued quality cable operations may be in jeopardy;
				or
(4) In connection with an
				application for transfer, renewal, or modification of a cable
				franchise.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 13 - CABLE OPERATOR REPORTS › Section 16-131-45 - Report on construction

Current through June, 2024
Each cable operator, on or before the fifteenth day of each
				  month, shall submit a status report to the director on its current construction
				  and shall submit annually, on or before March 31, a report of construction
				  undertaken by it, its agents, or contractors for the preceding calendar
				  year.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 13 - CABLE OPERATOR REPORTS › Section 16-131-46 - Report on complaints

Current through June, 2024
Annually, on or before March 31, each cable operator shall
				  file with the director a report compiling categorized complaints from
				  subscribers, potential subscribers, and the public, together with a report on
				  the resolution and the means for prevention of similar
				  complaints.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 13 - CABLE OPERATOR REPORTS › Section 16-131-47 - Report on testing

Current through June, 2024
Annually, on or before March 31, each cable operator shall
				  file with the director a proof of performance test, an annual compilation of
				  monthly reports of service, quality, and testing programs, together with
				  remedies for deficiencies.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 13 - CABLE OPERATOR REPORTS › Section 16-131-48 - Report on production and programming activities

Current through June, 2024
Annually, on or before January 31, each cable operator shall
				  file with the director a report on:
(1) All production and programming activities
				undertaken by it during the preceding calendar year;
(2) Production and programming activities
				contemplated for the year beginning January 1;
(3) All access channel utilization for the
				preceding year; and
(4) Anticipated
				use of access channels for the year beginning on January 1.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 13 - CABLE OPERATOR REPORTS › Section 16-131-49 - Report on interruptions

Current through June, 2024
On or before the fifteenth day of each month, each cable
				  operator shall submit a report to the director on all major system faults of
				  the previous month, including the nature of the faults, length of
				  interruptions, and corrective actions taken, if any.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 13 - CABLE OPERATOR REPORTS › Section 16-131-50 - Quarterly report

Current through June, 2024
Reports for the quarters ending March 31, June 30, September
				  30, and December 31 shall be due on or before the last day of the month
				  subsequent to the ending of the quarter. Each cable operator shall file with
				  the director, on forms provided by the director, a report of the preceding
				  quarterly period on the following subjects:
(1) Subscriber activity;
(2) Revenues, expenses, assets, liabilities,
				and equity accounts;
(3) Cable
				operator personnel;
(4)
				Services/programming provided by the cable operator;
(5) Quality of service of the cable
				system;
(6) Report of service
				interruptions;
(7) System testing;
				and
(8) Construction
				activity.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 14 - SUBSCRIBER SERVICE STANDARDS › Section 16-131-59 - Repairs and maintenance

Current through June, 2024
(a) The cable
				operator shall schedule or acknowledge subscriber requests for repair or
				maintenance service within twenty-four hours (excluding weekends and
				holidays).
(b) The cable operator
				shall verify and complete the repair or maintenance service within forty-eight
				hours (excluding weekends and holidays) after a subscriber request for repair
				or maintenance has been acknowledged or scheduled.
(c) If the cable operator anticipates taking
				longer than forty-eight hours to complete the repair or maintenance service due
				to a system problem, the cable operator shall submit a written notice to the
				director stating the circumstance of the problem and when the cable operator
				expects the service in subsection (b) will be restored.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 14 - SUBSCRIBER SERVICE STANDARDS › Section 16-131-60 - Appointments

Current through June, 2024
(a) When a service call to the subscriber's
				premises is required, the cable operator shall upon the subscriber's request,
				schedule a four-hour block of time (either a.m. or p.m.) for the appointment
				and make a reasonable effort to pinpoint a more exact time.
(b) If for any reason the cable operator
				cannot make a scheduled appointment, the cable operator shall make a reasonable
				effort to notify the subscriber in a timely manner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 14 - SUBSCRIBER SERVICE STANDARDS › Section 16-131-61 - Information to subscribers

Current through June, 2024
(a) At the time of
				initial installation the cable operator shall provide to the subscriber the
				information in (b)(1) through (3) and (c)(1) through (6).
(b) Each billing statement or invoice shall
				include:
(1) The address and telephone number
				of the cable operator's local business office to which subscriber complaints or
				inquiries may be reported;
(2) The
				procedure for resolving billing problems or complaints; and
(3) The address and telephone number of the
				State cable television division with a notice stating that the division is the
				State agency to call regarding unresolved complaints between subscriber and
				cable operator.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 14 - SUBSCRIBER SERVICE STANDARDS › Section 16-131-62 - Notice to subscribers

Current through June, 2024
(a) The cable
				operator shall give the director and subscribers thirty days notice before:
(1) Commencing any work on the cable system
				that will result in an interruption in cable service when the timing of the
				work is within the control of the cable operator and will allow such
				notice;
(2) Increasing the fees and
				charges, or changing billing practices; or
(3) Changing the program offerings when the
				suppliers of cable programming provide adequate notice to the cable
				operator.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 15 - PENALTIES › Section 16-131-68 - Penalties

Current through June, 2024
(a) If the director determines, after a
				hearing in accordance with chapter
				91, HRS, that any cable operator has
				violated section
				440G-9(b)(1)
				through (8) as amended, HRS, the director may
				fine the cable operator an amount not less than $50 nor more than $25,000 for
				each separate violation.
(b) If the
				director has provided a cable operator with written notice of a potential
				violation, each day's continuance of an apparent violation may be deemed a
				separate violation. Nothing in this subsection shall limit the aggregate amount
				of the fine imposed on any cable operator as a result of any violation that
				continues subsequent to notice of a potential violation.
(c) A violation that concurrently affects
				more than one subscriber of a cable system shall be deemed an event which
				constitutes a single violation. Subsection (b) shall apply to violations under
				this subsection.
(d) Written notice
				of a potential violation shall be provided to a cable operator by hand delivery
				or by registered mail, return receipt requested.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 16 - ACCESS ORGANIZATIONS › Section 16-131-70 - Designation and selection of access organizations

Current through June, 2024
(a) For
				purposes of this section, "PEG" means public, educational, and
				governmental.
(b) The director
				shall comply with the applicable provisions of chapter
				103D, HRS, when designating and
				selecting an access organization to oversee the development, operation,
				supervision, management, production, or broadcasting of programs on PEG
				channels obtained under chapter 440G, HRS.
(c) When designating and selecting an access
				organization, the director shall, at a minimum, consider the following factors
				or criteria:
(1) The management and technical
				experience of the organization, and its existing or proposed staff;
(2) The broadcast or cablecast media and
				telecommunications experience of the organization and its existing or proposed
				staff;
(3) The ability of the
				organization, and its existing or proposed staff, to provide the PEG access
				services requested by the director;
(4) The organization's short-term and
				long-term plans for PEG access services for a designated franchise
				area;
(5) The financial capability
				of the organization;
(6) The amount
				of funding required by the organization to provide the PEG access services
				requested by the director;
(7) The
				ability of the organization to provide reports, audits, and other information
				to the director;
(8) Whether the
				organization agrees to expand the marketplace of ideas, and is committed to
				allowing members of the public to express their First Amendment free speech
				rights;
(9) The organization's
				prior dealings and relationships with the State, if any;
(10) The organization's references;
(11) Other additional services, if any, the
				organization proposes to provide to the State and the public, and
(12) Other factors or criteria deemed
				applicable or necessary by the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 131 - HAWAII CABLE COMMUNICATIONS SYSTEMS › Subchapter 17 - SEVERABILITY › Section 16-131-73 - Severability

Current through June, 2024
If any section, subsection, sentence, clause, phrase, or
				  portion of this chapter is for any reason held invalid or unconstitutional by
				  any court of competent jurisdiction, such portion shall be deemed a separate,
				  distinct, and independent provision and such holding shall not affect the
				  validity of the remaining portions thereof.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 132 - FEES TO BE PAID BY CABLE OPERATORS › Section 16-132-2 - Annual fee from existing cable operator

Current through June, 2024
(a) Except as
			 otherwise provided in subsection (c), the annual fee for each cable operator
			 shall be one per cent of the income received from subscribers for cable
			 services rendered during the preceding calendar year.
(b) The annual fee shall be paid by the cable
			 operator to the department on the last day of January of each year.
(c) The director may increase or decrease the
			 amount of the annual fee by decision and order if the director determines that
			 the existing annual fee is insufficient or exceeds the amount necessary, as the
			 case may be, to cover the costs of administering chapter 440G, HRS.
(d) For the purposes of this section, "income
			 received from subscribers for cable services" means revenues derived from the
			 supplying of regular subscriber service and includes installation fees,
			 disconnect and reconnect fees and fees for regular cable benefits. It does not
			 include per-program or per-channel charges, leased channel revenues,
			 advertising revenues and other income derived from the system.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 132 - FEES TO BE PAID BY CABLE OPERATORS › Section 16-132-3 - Fee for new cable operator

Current through June, 2024
For its first year of operation, a cable operator shall be
				assessed a fee of $5,000, which fee shall be due and payable upon granting of
				the franchise by the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 132 - FEES TO BE PAID BY CABLE OPERATORS › Section 16-132-4 - Penalty for late or non-payment of annual fee

Current through June, 2024
The penalty shall be ten per cent of the unpaid fee, but not
				less than $50. Fees and penalties not paid within fifteen days of the due date
				shall result in an interest payment of ten per cent per annum compounded every
				thirty days on the unpaid balance. Failure to pay the fee, penalty, and
				interest shall result in legal action to enforce payment or revocation of the
				franchise, or both.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 1 - GENERAL PROVISIONS › Section 16-133-2 - New cable franchise

Current through June, 2024
No person shall construct, operate, or acquire a cable
				  system, or extend an existing cable system outside its designated service area
				  without first obtaining a cable franchise to do so. A cable franchise may be
				  obtained by applying to the director. No cable franchise shall be issued except
				  upon the director's approval of the written application and submission of the
				  fee of $1,000. The term of a new cable franchise shall be fifteen
				  years.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 1 - GENERAL PROVISIONS › Section 16-133-3 - Transfer of cable franchise

Current through June, 2024
No cable franchise, including the rights, privileges, and
				  obligations thereof, may be assigned, sold, leased, encumbered, or otherwise
				  transferred, voluntarily or involuntarily, directly or indirectly, including by
				  transfer of control of any cable system, whether by change in ownership or
				  otherwise, without the approval of the director. One seeking to obtain a cable
				  franchise through a transfer shall apply to the director, in the form of a
				  written application that has been co-signed by the transferor. No cable
				  franchise shall be transferred except upon the director's approval of the
				  written application. A transfer of a cable franchise shall authorize the new
				  cable operator to provide service for the remainder of the term of the existing
				  franchise.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 1 - GENERAL PROVISIONS › Section 16-133-4 - Renewal of cable franchise

Current through June, 2024
Any cable franchise issued pursuant to chapter 440G, HRS,
				  may be renewed by the director upon approval of a cable operator's written
				  application therefor. The period of renewal shall be not less than five nor
				  more than twenty years each, and no cable franchise shall be renewed except
				  upon approval of the written application, accompanied by a fee of
				  $1,000.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-9 - Written application

Current through June, 2024
(a) The application
				shall be in writing and shall fully disclose the facts required to determine
				whether a cable franchise should be issued or transferred. Included shall be
				facts as to:
(1) The citizenship and
				character of the applicant;
(2) The
				financial, technical, and other qualifications of the applicant;
(3) The principals and ultimate beneficial
				owners of the applicant;
(4) The
				public interest to be served by the requested issuance or transfer of a cable
				franchise; and
(5) Any other
				matters deemed appropriate and necessary by the director, including the
				proposed plans and schedule of expenditures for or in support of the use of
				public, educational, and governmental access facilities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-10 - Filing of application

Current through June, 2024
(a) Within thirty
				days of receipt of an application and applicable fee, the director shall review
				the application and notify the applicant in writing that it is acceptable for
				filing or inform the applicant that it fails to provide certain information.
				The applicant shall be given at least fifteen days to submit the required
				information. If the director finds the application to be complete, the director
				shall issue notice of acceptance for filing. If no additional information is
				received or if the application is still not complete, the applicant's
				submittals shall be returned, with a statement indicating that the application
				as submitted is not acceptable for filing.
(b) The date of the notice shall be deemed
				the filing date of the application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-11 - Time

Current through June, 2024
(a) The computing of any period of time shall
				be in accordance with section 16-201-14, Hawaii Administrative Rules.
(b) The time limits set by this chapter may
				be waived or extended by mutual written agreement between the director and the
				applicant.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-12 - Requests for additional information or documentation

Current through June, 2024
To facilitate the review of the application, the director
				  may informally and at anytime during the application process request the
				  applicant to submit additional information or supporting documentation to
				  clarify or supplement the information already contained in the
				  application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-13 - Investigations, examinations, and audits

Current through June, 2024
In addition to requesting supporting documentation or
				  clarifying information from the applicant, the director may initiate or require
				  any investigation, examination, and audit to be performed as deemed
				  appropriate.