Haw. Code R. § 6-81-19

Current through April, 2024
Section 6-81-19 - Universal service - basic exchange service
(a) On the effective date of this chapter, basic exchange service consists of single-line dial tone; touch tone dialing; access to operator service; access to enhanced 911; telecommunications relay service; telephone directory; and access to directory assistance service via 411 dialing.
(b) For purposes of this section:
(1) "Dial tone" means the ability to make or receive telephone calls with or without operator intervention;
(2) "Single-line" means single-party line or a one-party line; and
(3) "Touch tone dialing" means dual tone multi frequency, as opposed to dial pulse signalling.
(c) The commission may by rule or order, from time to time, redefine basic service to include or exclude a particular service. In determining whether basic service should be redefined to include or exclude a particular service, the commission shall consider the following factors:
(1) The extent to which the service is readily available, is in demand, and, through the operation of market choices by customers, has been subscribed to by a substantial majority of the residents in the State;
(2) The extent to which the service has gained common acceptance in the community and is being deployed in the public telecommunications networks by telecommunications carriers;
(3) The extent to which the service is essential to education, public health, or public safety;
(4) The extent to which the service is consistent with public interest, convenience, and necessity; and
(5) Any other factors deemed relevant by the commission.
(d) Any person by a written petition or the commission on its own motion may initiate a proceeding to review the definition of basic service or to redefine it. The commission shall hold a hearing in such a proceeding. The consumer advocate shall be a party to the proceeding. In addition, any telecommunications carrier required to contribute to the fund and any other interested persons may intervene as parties or otherwise participate in the proceeding.
(e) In its review of the definition of basic service, the commission may investigate whether it is in the public interest to include any of the following in basic service:
(1) Access to all telecommunications services that are used by a majority of residents located in the metropolitan areas of the State; and
(2) Access to advanced telecommunications services.
(f) In addition to the services included in the definition of basic service, the commission may designate additional services for support through the universal service fund for schools, libraries, and health care providers for the purposes of subchapter 7.

Haw. Code R. § 6-81-19

[Eff ] (Auth: HRS §§ 269-6, 269-35, 269-38, 269-41 to 43) (Imp: HRS §§ 269-35, 269-38, 269-41 to 43, 47 U.S.C. §254 )