Section 6-80-17 - Application for certification(a) All certificates of public convenience and necessity to provide telecommunications service, issued pursuant to § 269-7.5, HRS, and in effect on the effective date of this chapter, remain in full force and effect.(b) Any exemption to the CPCN requirement for telecommunications service, granted pursuant to § 269-7.5(c), HRS, and in effect on the effective date of this chapter, remains in full force and effect.(c) Any person, other than the incumbent telecommunications carrier, seeking to offer, initiate, or provide intrastate telecommunications service must apply in writing to the commission for a certificate of authority. The application must: (1) Include information on the: (A) Type of telecommunications service to be offered;(B) Geographical scope of the carrier's proposed operation;(C) Type of equipment to be employed in the service;(D) Rates or charges proposed to be imposed and the regulations that will govern the proposed service; and(E) Applicant's financial ability to render the proposed service, including a copy of the most recent audited financial statement and, if more than three months have elapsed since the date of the most recent audited financial statement, a current, unaudited financial statement; and(2) Comply with all applicable commission orders and rules. The commission may reject any application that fails to meet any of these requirements or is otherwise incomplete.
(d) Where exempted by federal law from entry regulation by the State, a telecommunications carrier seeking to offer, initiate, or provide intrastate telecommunications service shall apply for a certificate of registration with the commission by complying with subsections (c)(1) (A) - (D) and (c)(2) only.(e) The incumbent telecommunications carrier and any telecommunications carrier granted a CPCN before the effective date of this chapter need not apply for a COA or COR in order to continue offering or providing the telecommunications service it is validly offering or providing on the effective date of this chapter. Any such telecommunications carrier, however:(1) Before substantially altering, modifying, or changing the nature or scope of authorized telecommunications services provided under its existing CPCN; or(2) Before adding or expanding the nature or scope of telecommunications services beyond the authority contained in its existing CPCN; shall file a separate tariff for the proposed, modified, or new service, unless ordered otherwise by the commission.[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-7.5, 269-16.9, 269-34 to 43)