Haw. Code R. § 6-76.1-3

Current through April, 2024
Section 6-76.1-3 - Definitions

As used in this chapter, unless the context clearly requires otherwise:

"Affiliated" means closely associated with and under the ownership, management, or operational control of another.

"Certificate of authority" or "COA" means the certificate issued pursuant to chapter 6-80, subchapter 2.

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

"Commercial shared tenant service provider" means a shared tenant service provider other than a premises owner.

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

"Demarcation point" means the point at the end user's premises at which the equipment and wiring of a telecommunications carrier terminate, consistent with FCC regulations under 47 C.F.R. Part 68.

"End user" means a person to whom telecommunications service is provided through shared tenant service.

"HRS" means the Hawaii Revised Statutes.

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

"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 any one or more of the foregoing.

"Premises owner" means the owner or lessee of a building or complex of buildings described in § 6-76.1-21.

"Resale" or "resale basis" means the provision of telecommunications service through shared tenant service at the shared tenant service provider's cost of providing the telecommunications service plus a margin payable to the shared tenant service provider.

"Shared tenant service" means telecommunications service provided through centralized or common switching on a resale or shared basis to end users who are occupants or tenants of units in a building or a complex of buildings described in § 6-76.1-21.

"Shared tenant service provider" or "provider" means a person who owns, controls, operates, or manages as owner, lessee, trustee, receiver, affiliate, or agent, any plant or equipment, or any part of plant or equipment, used to provide shared tenant service and includes an owner or lessee of any building or site where shared tenant service is provided.

"Share" or "shared basis" means the costs of the telecommunications service provided through shared tenant service is passed through to or shared by the end users on a nonprofit basis.

"State" means the State of Hawaii.

"Telecommunications service" means the same as in § 269-1, HRS.

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

Haw. Code R. § 6-76.1-3

[Eff ] (Auth: HRS §§ 269-6, 269-16.9) (Imp: HRS §§ 269-6, 269-16.9)