Section 6-82-28 - Pay telephone - user rates and charges(a) Unless demonstrated that market failures do not allow for market-based rates, a pay telephone service provider shall provide its service to users of its pay telephone at the rates and on the terms and conditions as the market may determine. The rate for local calls shall be at a flat fee per call. No limitation may be placed on the duration of a call, except that, if required by the public interest, the commission, by order, may impose or allow the imposition of a limitation.(b) A pay telephone service provider shall file tariffs with the commission, setting forth the rates, terms, and conditions of its pay telephone service. The tariffs shall be processed in compliance with the applicable provisions of: (1) The commission's orders and rules, including chapter 6-80, subchapter 4;(2) The terms and conditions of the provider's CPCN, COA, or COR; and(3) Federal law and regulation, including: (B) Any FCC order and regulation implementing 47 U.S.C. §276. Where it is demonstrated that market failures do not allow for market-based rates, the commission shall determine the rates for pay telephone service.
(c) Where locational monopoly in the provision of pay telephone service occurs as a result of market failure, whether due to the size of the location or the caller's lack of time to identify potential substitute pay telephones or any other factor, the commission may impose limitations and conditions, including capping the number of calls subject to compensation that may be made from a particular pay telephone, to limit the exercise of locational market power.[Eff ] (Auth: HRS §§ 269-6, 269-16.9, 269-34) (Imp: HRS §§ 269-8, 269-16, 269-16.9, 269-34, 47 U.S.C. §276 )