Haw. Code R. § 6-80-40

Current through November, 2024
Section 6-80-40 - Denial or approval of tariffs
(a) A tariff for a fully competitive service is effective upon its filing with the commission. A tariff for a service whose rates are fully exempt from state regulation by federal law or regulation is effective when the service is publicly offered; provided that the tariff must be filed with the commission not later than thirty days after the service is first offered. The commission may, at any time, upon its own motion or upon a motion filed by any interested party or the consumer advocate, investigate such tariffs, if deemed necessary to protect the public interest. The commission shall conduct such investigation on an expedited basis.
(b) A telecommunications carrier shall file its tariff for any partially competitive service or noncompetitive service at least thirty days before the effective date of the proposed service. The commission may suspend the operation of the tariff and investigate the justness and reasonableness of the tariff. The commission may conduct a hearing to aid its investigation. The commission shall conduct its investigation on an expedited basis. With or without such suspension, the commission may:
(1) Deny or reject the tariff; or
(2) Allow the tariff to take effect.
(c) Any person may protest or oppose any proposed tariff filing for a partially competitive or noncompetitive service by filing a written protest with the commission and serving a copy of the protest on the telecommunications carrier proposing the tariff not less than fifteen days before the proposed effective date of the tariff. The carrier may file a reply to the protest not later than five days before the proposed effective date of the tariff with proof of service of a copy of the reply on the protestor. A written protest does not require the commission to suspend the operation of the tariff, but may be considered by the commission in deciding whether to:
(1) Deny or reject the tariff; or
(2) Allow the tariff to take effect.
(d) The commission may, in its discretion and for good cause shown, allow any tariff for a partially competitive or noncompetitive service to become effective before the expiration of the thirty-day period provided in subsection (b).

Haw. Code R. § 6-80-40

[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-8, 269-16, 269-34 to 43)