Section 6-80-78 - Approval of agreement by the commission(a) All agreements concerning access to poles, ducts, conduits, and rights-of-way adopted by negotiation or arbitration, including any agreement negotiated and adopted before the effective date of this chapter, must be submitted to the commission for review and approval. Upon the submission of an agreement to the commission for review and approval, a copy of the agreement shall be served on the consumer advocate.(b) The commission shall approve or reject the agreement, with written findings as to any deficiencies. The commission may only reject: (1) An agreement, or any portion of the agreement, adopted by negotiation if it finds that: (A) The agreement, or any portion of the agreement, discriminates against a telecommunications carrier not a party to the agreement; or(B) The implementation of the agreement, or any portion of the agreement, is not consistent with the public interest, convenience, and necessity; or(2) An agreement, or any portion of the agreement, adopted by arbitration if it finds that the agreement, or any portion of the agreement, does not meet the requirements of: (A)47 U.S.C. §§224 and 251;(B) FCC regulations implementing 47 U.S.C. §§224 and 251; or(C) The applicable provisions of this chapter.(c) The commission shall approve or reject the agreement within ninety days after submission by a party of an agreement adopted voluntarily by negotiation, or within thirty days after submission by a party of an agreement adopted by arbitration. If the commission fails to act within the prescribed time period, the agreement is deemed approved.(d) Each approved agreement will be available for public inspection and photocopying within ten days after the agreement is approved by the commission. The commission may charge a reasonable and nondiscriminatory fee to the parties to the agreement to cover the costs of approving and filing the agreement. The commission may also assess a reasonable photocopying fee.(e) All modifications, revisions, or amendments to any agreement concerning access to a pole, duct, conduit, or right-of-way are subject to commission review and approval, as provided in this section.[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-34 to 43, 47 U.S.C. §224, 251, 252, 253 )