Section 6-80-106 - Denial or discontinuance of service(a) A telecommunications carrier may deny or discontinue service to a customer without the customer's permission and without prior notice for any one or more of the following reasons: (1) If a condition immediately dangerous or hazardous to life, physical safety, or property exists;(2) Upon an order of any court, the commission, or any other duly authorized public authority; or(3) If service was obtained fraudulently or without the authorization of the carrier.(b) A telecommunications carrier may deny or discontinue service to a customer without the customer's permission and with prior notice only for one or more of the following reasons: (1) Nonpayment of a past due bill not in dispute;(2) Failure to make a security deposit or obtain a guarantee when one is required;(3) Obtaining service by subterfuge;(4) Unauthorized interference, diversion, or use of the telecommunications service situated or delivered on or about the customer's premises;(5) Violation of any rule of the telecommunications carrier filed with the commission;(6) Failure to comply with laws and regulations pertaining to telecommunications service; or(7) Failure of the customer to permit the carrier reasonable access to the carrier's facilities or equipment.(c) The customer shall be notified in writing of the carrier's intention to discontinue service and be allowed not less than five days from the date of the notification to respond. If the notification is mailed to the customer, the customer shall be allowed an additional two days to respond. All notices of proposed discontinuance must state:(1) The reason for and date of the scheduled discontinuance of service; and(2) Actions which the customer may take to avoid discontinuance of service.(d) The following do not constitute sufficient cause for denying or discontinuing service: (1) Delinquency in payment for service by a previous occupant of the premises to be served (provided that service may be denied to the premises of a person who is a member of the household of a customer who is delinquent in payment for service to the same premises);(2) Failure to pay directory advertising charges; and(3) Failure to pay any disputed amount pending resolution of the dispute.(e) In addition to subsection (d), basic service to residences may not be discontinued for nonpayment of: (1) Interisland, interstate, or international service;(2) Flexibly priced services;(3) Fully or partially competitive services; or(4) Any telecommunications service offered by a third party. The carrier, however, may refuse to provide interisland service, flexibly priced services, or fully or partially competitive services for nonpayment for any of these services, even if the debt is to another carrier.
[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-34 to 43)