HAR Title 6, Chapter 80, PUC - Competition in Telcom Svcs

HAWAII ADMINISTRATIVE RULES

TITLE 6

DEPARTMENT OF BUDGET AND FINANCE

CHAPTER 80

COMPETITION IN TELECOMMUNICATIONS SERVICES

Subchapter 1 General Provisions

'6-80-1 Purpose of rules

'6-80-2 Scope of rules

'6-80-3 Application of additional sources

'6-80-4 Definitions

'6-80-5 Continuance of service

'6-80-6 Policy favoring voluntary negotiations

and agreements

'6-80-7 Consolidated proceeding

'6-80-8 Filing of existing agreements with

the commission

'6-80-9 Confidentiality of proprietary information

and materials

'6-80-10 Enforcement of chapter 6-80

'6-80-11 Severability clause

''6-80-12 to 16 (Reserved)

Subchapter 2 Application and Certification

to Provide Telecommunications

Service

'6-80-17 Application for certification

'6-80-18 Issuance or denial of certification

'6-80-19 Suspension or revocation

'6-80-20 Temporary certificate of authority -

carrier of last resort

''6-80-21 to 24 (Reserved)

Subchapter 3 Classification of Services

'6-80-25 Classification of services

'6-80-26 Reclassification of services

'6-80-27 Procedures for classifying or reclassifying

a service

''6-80-28 to 31 (Reserved)

Subchapter 4 Costs, Rates, and Pricing

'6-80-32 Pricing - fully and partially competitive

services

'6-80-33 Pricing - noncompetitive services

'6-80-34 Pricing - resale and exempt services

'6-80-35 Cross-subsidization prohibited

'6-80-36 Separate subsidiary for competitive service

'6-80-37 Nondiscrimination in the provision of

telecommunications services

'6-80-38 Refunds or credits

'6-80-39 Tariffs

'6-80-40 Denial or approval of tariffs

'6-80-41 Proposed increases or decreases in prices

'6-80-42 Cost studies

'6-80-43 to 46 (Reserved)

Subchapter 5 Access, Interconnection,

Unbundling, and Resale

'6-80-47 Intrastate access, interconnection,

unbundling, and resale - request for

'6-80-48 Exemption for rural telephone carrier

'6-80-49 Intrastate access, interconnection,

unbundling, and resale - standards

'6-80-50 Negotiation

'6-80-51 Network termination

'6-80-52 Mediation

'6-80-53 Arbitration

'6-80-54 Approval of agreement by the commission

''6-80-55 to 59 (Reserved)

Subchapter 6 Number Portability and

Directory Services

'6-80-60 Availability of number portability

'6-80-61 Number portability

'6-80-62 Customer access to number portability

'6-80-63 Directory assistance and directory

publication

'6-80-64 Directories

'6-80-65 Directory errors

'6-80-66 Number changes

'6-80-67 Intercept service

''6-80-68 to 72 (Reserved)

Subchapter 7 Poles, Ducts, Conduits,

and Rights-of-Way

'6-80-73 "Utility" defined

'6-80-74 Poles, ducts, conduits, and rights-of-way

'6-80-75 Negotiation

'6-80-76 Price, terms, and conditions

'6-80-77 Mediation and arbitration

'6-80-78 Approval of agreement by the commission

'6-80-79 Tariff

'6-80-80 Attachment modification

''6-80-81 to 85 (Reserved)

Subchapter 8 Standards for

Telecommunications Service

'6-80-86 Standards for telecommunications

service - sources

'6-80-87 Operating standards for telecommunications

service - general

'6-80-88 Records

'6-80-89 Exchange area maps

'6-80-90 Capital improvements

'6-80-91 Annual financial reports

'6-80-92 Other reports

'6-80-93 Standards for service quality

'6-80-94 Service installation

'6-80-95 Disruption of service

'6-80-96 Answering calls

'6-80-97 Transmission requirements

'6-80-98 Call completion

'6-80-99 Rates and special charges information

'6-80-100 Customer billing

'6-80-101 Billing information

'6-80-102 Billing disputes

'6-80-103 Adjustments for out of service conditions

'6-80-104 Establishment of credit

'6-80-105 Customer deposits

'6-80-106 Denial or discontinuance of service

'6-80-107 Customer complaints

''6-80-108 to 112 (Reserved)

Subchapter 9 Customer Rights and Privacy

'6-80-113 Customer rights in a competitive

telecommunications market

'6-80-114 Customer's entitlement to information

'6-80-115 Standards for customer privacy

'6-80-116 Aggregate customer information

''6-80-117 to 121 (Reserved)

Subchapter 10 Abandonment or Discontinuance

of Service

'6-80-122 Abandonment or discontinuance of

noncompetitive service

'6-80-123 Abandonment or discontinuance of fully or

partially competitive service

''6-80-124 to 128 (Reserved)

Subchapter 11 Prohibited Acts

'6-80-129 Prohibited acts

'6-80-130 to 134 (Reserved)

Subchapter 12 Exemption and Waiver

'6-80-135 Exemption and waiver

'6-80-136 Standard list of waivers

'6-80-137 Modification and rescission

''6-80-138 to 142 (Reserved)

'6-80-3

SUBCHAPTER 1

GENERAL PROVISIONS

'6-80-1 Purpose of rules. The purpose of this chapter is to adopt standards and procedures governing intrastate competition in the State's telecommunications marketplace, as mandated by:

(1) Act 225, Session Laws of Hawaii 1995, enacted on June 29, 1995;

(2) The commission's telecommunications infrastructure docket (docket no. 7702); and

(3) The Federal Telecommunications Act of 1996, enacted on February 8, 1996.

[Eff ] (Auth: HRS ''269-6, 269-34 to 43) (Imp: HRS ''269-34 to 43)

'6-80-2 Scope of rules. (a) This chapter applies to all intrastate telecommunications services provided by telecommunications carriers, including:

(1) Interisland;

(2) Resale; and

(3) Commercial mobile radio service.

(b) This chapter does not apply to:

(1) International or interstate service; or

(2) Any telecommunications service exempted from this chapter by federal preemption, law, or regulation, or by State law or commission order, but only to the extent of the exemption granted by the applicable law, regulation, or order. [Eff ] (Auth: HRS ''269-6, 269-34 to 43) (Imp: HRS ''269-34 to 43)

'6-80-3 Application of additional sources. This chapter:

'6-80-3

(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

(2) Supersedes any conflicting commission order or rule that may be in effect on the effective date of this chapter. [Eff ] (Auth: HRS ''269-6, 269-34 to 43) (Imp: HRS ''269-34 to 43)

'6-80-4 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Access" means access to an exchange network for the purpose of enabling a telecommunications carrier to originate or terminate exchange service.

"Access line" means the medium over which a customer connects to an exchange network.

"Alternative regulation" means regulation other than rate based or rate of return regulation.

"Basic exchange service" or "basic service" means the same as in '6-81-19.

"Bona fide request" means a written request made in good faith, with earnest intent and without fraud, deceit, or pretense.

"Business customer" means a customer to whom business service is provided.

"Business service" means the telecommunications service provided to a customer where the use is primarily or substantially of a business, professional, institutional, or occupational nature.

"Caller ID" means caller number identification delivery.

"Central office" means a switching unit within an exchange area having the necessary equipment and operating arrangements for terminating and interconnecting access lines, toll lines, and trunks.

"Certificate of authority" or "COA" means the certificate issued pursuant to '6-80-18(a).

'6-80-4

"Certificate of public convenience and necessity" or "CPCN" means the certificate issued pursuant to '269-7.5, HRS.

"Certificate of registration" or "COR" means the certificate issued pursuant to '6-80-18(b).

"Commercial mobile radio service" means the same as in 47 U.S.C. ''153(n) and 332(d)(1). It includes cellular, paging, and personal communications services.

"Commission" means the public utilities commission of the State.

"Compensation agreement" means an arrangement or agreement by which telecommunications carriers compensate each other for transporting and terminating traffic on their respective networks.

"Consumer advocate" means the department of commerce and consumer affairs, division of consumer advocacy, of the State.

"Cost-based" means based on the underlying cost of providing a telecommunications facility, function, or service and includes, as the context requires, total service long run incremental cost, imputed cost, and allocated common cost.

"Customer" includes any person:

(1) Who has requested or applied for telecommunications service from a telecommunications carrier;

(2) Currently receiving telecommunications service from a telecommunications carrier; or

(3) Who moves to another location within a telecommunications carrier's service territory and requests that telecommunications service be discontinued at the previous location and begun at the new location.

"Customer complaint" or "complaint" includes trouble reports and complaints concerning any service matter made or reported by a customer to a telecommunications carrier or its service representative, excluding directory assistance calls.

'6-80-4

"Customer list information" means any information:

(1) Identifying the listed names of customers of a telecommunications carrier and the customers' telephone numbers, addresses, or primary advertising classification (as such classifications are assigned at the time of the establishment of service), or any combination of such listed names, numbers, addresses, and classifications; and

(2) That the telecommunications carrier or an affiliate has published or caused to be published, or accepted for publication in any directory format.

Customer list information does not include a customer's name and telephone number or a customer's address or advertising classification that the customer elects not to have listed for public dissemination or published in any directory format.

"Economically reasonable" means without undue economic hardship.

"Exchange" means a unit established and described in the tariff of a telecommunications carrier for the provision of service within a specific, prescribed geographical area, such as a city, town, or community and its environs. An exchange may consist of one or more central offices together with associated facilities used in furnishing telecommunications service within the specific geographical or exchange area.

"Exchange area" or "exchange service area" means the geographical territory served by an exchange.

"Exchange service" means telecommunications service provided to business and residential customers within a given exchange service area in accordance with tariffs, including the use of exchange facilities required to establish connections:

(1) Between customer locations within the exchange; and

(2) Between customer locations and trunks accessing other exchanges.

'6-80-4

"Facilities" means the means used to provide telecommunications service and includes programs, buildings, plants, instruments, equipment, and every other paraphernalia, such as conduits, ducts, poles, cables, wires, and switches, that facilitate the provision of telecommunications service.

"FCC" means the Federal Communications Commission.

"Federal Telecommunications Act" means the Federal Telecommunications Act of 1996.

"HRS" means the Hawaii Revised Statutes.

"Incumbent telecommunications carrier" or "incumbent carrier" means the telecommunications carrier referred to in '269‑7.5(c), HRS.

"Interconnect" or "interconnection" means the interface of the network of one telecommunications carrier with that of another telecommunications carrier.

"Interconnector" means a telecommunications carrier that interconnects with another carrier.

"Interisland" means between and among the islands of the State.

"Interoffice" means between central offices.

"Interstate" means between and among the states of the United States, the territories of the United States, and the District of Columbia.

"Intrastate" means within the State.

"Market power" means the ability to control the telecommunications market in terms of entry and price.

"Network" includes a telecommunications carrier's facilities used to originate and terminate traffic.

"Non-incumbent telecommunications carrier" or "non-incumbent carrier" means a telecommunications carrier other than the incumbent telecommunications carrier.

"Number portability" means the ability of a customer to retain, at the same location, the customer's existing telephone number, without impairment of quality, reliability, or convenience, when changing or switching from one telecommunications carrier to another; in other words, the telephone number is "portable" between carriers.

'6-80-4

"Person" includes individuals, partnerships, corporations, associations, joint stock companies, public trusts, organized groups of persons, whether incorporated or not, receivers or trustees of the foregoing, municipalities, including cities, counties, or other political subdivisions of the State, or any agency, authority, or instrumentality of the State, or of any one or more of the foregoing.

"Personally identifiable customer information" means the private, personal, and non-public information about a customer, including the customer's non-listed or non-published name, address, or telephone number; age; gender; social security number; billing, credit, or payment information, history, and status; and any other information made available to a telecommunications carrier by the customer solely by virtue of the carrier-customer relationship. It also includes information relating to the quantity, technical configuration, type, destination, and amount of use of a telecommunications service subscribed to by a customer.

"Physical collocation" means the type of interconnection provided by the telecommunications carrier to an interconnector where the interconnector locates its equipment within a space assigned by a telecommunications carrier for the interconnector's exclusive use and where the interconnector has physical access and control over the interconnector's equipment, subject to any applicable tariffs.

"Public utility" means the same as in '269-1, HRS.

"Resale" or "resell" means the offering or provision of telecommunications service by a telecommunications carrier through the use of services or facilities owned, maintained, or provided by another telecommunications carrier.

"Residential customer" means a customer to whom residential service is provided.

"Residential service" means the telecommunications service provided to a customer predominantly for personal or domestic use at the customer's residence or dwelling.

'6-80-4

"Rules" means the Hawaii Administrative Rules.

"Rural telephone carrier" means the same as 'rural telephone company' in 47 U.S.C. '153.

"State" means the State of Hawaii.

"Tandem office" means a switching center that indirectly interconnects two or more central offices when direct connection is not available.

"Tariff" means the documents that describe the service or product offered by the telecommunications carrier and prescribe the terms and conditions and the schedule of rates and charges under which the service or product is offered.

"Telecommunications carrier" means the same as in '269‑1, HRS, and includes the incumbent telecommunications carrier.

"Telecommunications service" means the same as in '269‑1, HRS.

"Total service long run incremental cost" or "TSLRIC" means the total additional cost to provide the entire forecasted quantity of service divided by the forecasted quantity, based on the least cost, most efficient technology that is capable of being implemented at the time the total service incremental cost is calculated. The cost is calculated over a period long enough to avoid all costs associated with the provision of the service (i.e., the time interval over which all plant, equipment, and other investments are to be replaced). The forecasted quantity is the highest level of anticipated annual demand for at least the next three years. Where a service or component that is not fully competitive is used as an input to the service at issue, the tariffed rate or charge paid by competitors is the cost of the service or component. The costs of joint facilities, including loop costs, are excluded in calculating the incremental cost.

"Traffic" means a flow of attempts, calls, messages, or signals over a circuit, line, or group of lines. It includes the flow of voice, data, image, and video attempts, calls, messages, and signals.