Hawaii Administrative Rules
Title 6 - DEPARTMENT OF BUDGET AND FINANCE
Division - PUBLIC UTILITIES COMMISSION
Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES
Subchapter 1 - GENERAL PROVISIONS
Section 6-80-4 - Definitions
As used in this chapter, unless the context clearly requires otherwise:
"Access" means access to an exchange network for the purpose of enabling a telecommunications carrier to originate or terminate exchange service.
"Access line" means the medium over which a customer connects to an exchange network.
"Alternative regulation" means regulation other than rate based or rate of return regulation.
"Basic exchange service" or "basic service" means the same as in § 6-81-19.
"Bona fide request" means a written request made in good faith, with earnest intent and without fraud, deceit, or pretense.
"Business customer" means a customer to whom business service is provided.
"Business service" means the telecommunications service provided to a customer where the use is primarily or substantially of a business, professional, institutional, or occupational nature.
"Caller ID" means caller number identification delivery.
"Central office" means a switching unit within an exchange area having the necessary equipment and operating arrangements for terminating and interconnecting access lines, toll lines, and trunks.
"Certificate of authority" or "COA" means the certificate issued pursuant to § 6-80-18(a).
"Certificate of public convenience and necessity" or "CPCN" means the certificate issued pursuant to § 269-7.5, HRS.
"Certificate of registration" or "COR" means the certificate issued pursuant to § 6-80-18(b).
"Commercial mobile radio service" means the same as in 47 U.S.C. §§153(n) and 332(d)(1). It includes cellular, paging, and personal communications services.
"Commission" means the public utilities commission of the State.
"Compensation agreement" means an arrangement or agreement by which telecommunications carriers compensate each other for transporting and terminating traffic on their respective networks.
"Consumer advocate" means the department of commerce and consumer affairs, division of consumer advocacy, of the State.
"Cost-based" means based on the underlying cost of providing a telecommunications facility, function, or service and includes, as the context requires, total service long run incremental cost, imputed cost, and allocated common cost.
"Customer" includes any person:
(1) Who has requested or applied for telecommunications service from a telecommunications carrier;
(2) Currently receiving telecommunications service from a telecommunications carrier; or
(3) Who moves to another location within a telecommunications carrier's service territory and requests that telecommunications service be discontinued at the previous location and begun at the new location.
"Customer complaint" or "complaint" includes trouble reports and complaints concerning any service matter made or reported by a customer to a telecommunications carrier or its service representative, excluding directory assistance calls.
"Customer list information" means any information:
(1) Identifying the listed names of customers of a telecommunications carrier and the customers' telephone numbers, addresses, or primary advertising classification (as such classifications are assigned at the time of the establishment of service), or any combination of such listed names, numbers, addresses, and classifications; and
(2) That the telecommunications carrier or an affiliate has published or caused to be published, or accepted for publication in any directory format.
Customer list information does not include a customer's name and telephone number or a customer's address or advertising classification that the customer elects not to have listed for public dissemination or published in any directory format.
"Economically reasonable" means without undue economic hardship.
"Exchange" means a unit established and described in the tariff of a telecommunications carrier for the provision of service within a specific, prescribed geographical area, such as a city, town, or community and its environs. An exchange may consist of one or more central offices together with associated facilities used in furnishing telecommunications service within the specific geographical or exchange area.
"Exchange area" or "exchange service area" means the geographical territory served by an exchange.
"Exchange service" means telecommunications service provided to business and residential customers within a given exchange service area in accordance with tariffs, including the use of exchange facilities required to establish connections:
(1) Between customer locations within the exchange; and
(2) Between customer locations and trunks accessing other exchanges.
"Facilities" means the means used to provide telecommunications service and includes programs, buildings, plants, instruments, equipment, and every other paraphernalia, such as conduits, ducts, poles, cables, wires, and switches, that facilitate the provision of telecommunications service.
"FCC" means the Federal Communications Commission.
"Federal Telecommunications Act" means the Federal Telecommunications Act of 1996.
"HRS" means the Hawaii Revised Statutes.
"Incumbent telecommunications carrier" or "incumbent carrier" means the telecommunications carrier referred to in §269 7.5(c), HRS.
"Interconnect" or "interconnection" means the interface of the network of one telecommunications carrier with that of another telecommunications carrier.
"Interconnector" means a telecommunications carrier that interconnects with another carrier.
"Interisland" means between and among the islands of the State.
"Interoffice" means between central offices.
"Interstate" means between and among the states of the United States, the territories of the United States, and the District of Columbia.
"Intrastate" means within the State.
"Market power" means the ability to control the telecommunications market in terms of entry and price.
"Network" includes a telecommunications carrier's facilities used to originate and terminate traffic.
"Non-incumbent telecommunications carrier" or "non-incumbent carrier" means a telecommunications carrier other than the incumbent telecommunications carrier.
"Number portability" means the ability of a customer to retain, at the same location, the customer's existing telephone number, without impairment of quality, reliability, or convenience, when changing or switching from one telecommunications carrier to another; in other words, the telephone number is "portable" between carriers.
"Person" includes individuals, partnerships, corporations, associations, joint stock companies, public trusts, organized groups of persons, whether incorporated or not, receivers or trustees of the foregoing, municipalities, including cities, counties, or other political subdivisions of the State, or any agency, authority, or instrumentality of the State, or of any one or more of the foregoing.
"Personally identifiable customer information" means the private, personal, and nonpublic information about a customer, including the customer's non-listed or non-published name, address, or telephone number; age; gender; social security number; billing, credit, or payment information, history, and status; and any other information made available to a telecommunications carrier by the customer solely by virtue of the carrier-customer relationship. It also includes information relating to the quantity, technical configuration, type, destination, and amount of use of a telecommunications service subscribed to by a customer.
"Physical collocation" means the type of interconnection provided by the telecommunications carrier to an interconnector where the interconnector locates its equipment within a space assigned by a telecommunications carrier for the interconnector's exclusive use and where the interconnector has physical access and control over the interconnector's equipment, subject to any applicable tariffs.
"Public utility" means the same as in § 269-1, HRS.
"Resale" or "resell" means the offering or provision of telecommunications service by a telecommunications carrier through the use of services or facilities owned, maintained, or provided by another telecommunications carrier.
"Residential customer" means a customer to whom residential service is provided.
"Residential service" means the telecommunications service provided to a customer predominantly for personal or domestic use at the customer's residence or dwelling.
"Rules" means the Hawaii Administrative Rules.
"Rural telephone carrier" means the same as 'rural telephone company' in 47 U.S.C. §153.
"State" means the State of Hawaii.
"Tandem office" means a switching center that indirectly interconnects two or more central offices when direct connection is not available.
"Tariff" means the documents that describe the service or product offered by the telecommunications carrier and prescribe the terms and conditions and the schedule of rates and charges under which the service or product is offered.
"Telecommunications carrier" means the same as in §269 1, HRS, and includes the incumbent telecommunications carrier.
"Telecommunications service" means the same as in §269 1, HRS.
"Total service long run incremental cost" or "TSLRIC" means the total additional cost to provide the entire forecasted quantity of service divided by the forecasted quantity, based on the least cost, most efficient technology that is capable of being implemented at the time the total service incremental cost is calculated. The cost is calculated over a period long enough to avoid all costs associated with the provision of the service (i.e., the time interval over which all plant, equipment, and other investments are to be replaced). The forecasted quantity is the highest level of anticipated annual demand for at least the next three years. Where a service or component that is not fully competitive is used as an input to the service at issue, the tariffed rate or charge paid by competitors is the cost of the service or component. The costs of joint facilities, including loop costs, are excluded in calculating the incremental cost.
"Traffic" means a flow of attempts, calls, messages, or signals over a circuit, line, or group of lines. It includes the flow of voice, data, image, and video attempts, calls, messages, and signals.
"Trunk" means a single or multichannel telecommunications medium between two or more switching systems.
"Unbundle" or "unbundled" means the identification and separation of the physical components, functions, and services of an exchange network.
"U.S.C." means the United States Code.
"Virtual collocation" means the type of interconnection provided by a telecommunications carrier to an interconnector that is economically, technically, and administratively comparable to the manner in which the telecommunications carrier's facilities interconnect with its own network. It may, at the interconnector's discretion, include an arrangement where the interconnector is provided equipment in a location under an arrangement where the interconnector may not have ownership of the equipment and does not have physical access or control, other than through remote monitoring, subject to any applicable tariff.
