Hawaii Administrative Rules
Title 6 - DEPARTMENT OF BUDGET AND FINANCE
Division - PUBLIC UTILITIES COMMISSION
Chapter 80 - COMPETITION IN TELECOMMUNICATIONS SERVICES
Subchapter 7 - POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY
Section 6-80-75 - Negotiation

(a) The prices, terms, and conditions for access to poles, ducts, conduits, and rights-of-ways are subject to negotiation. The parties to the negotiation are the carrier requesting access and the requested utility. They may also include any other person who has an interest in the poles, ducts, conduits, and rights-of-ways and is affected by the request for access. If any pole, duct, conduit, or right-of-way is owned or controlled jointly by two or more parties through a joint pole committee, the joint pole committee's participation as a party to the negotiation is at the joint pole committee's option; provided that any agreement reached on access to any pole, duct, conduit, or right-of-way owned or controlled jointly by two or more parties through the joint pole committee is subject to approval by the joint pole committee. The parties shall negotiate in good faith and use their best efforts to reach agreement.

(b) The commission may authorize access to utility poles as provided in any joint pole agreement, tariffs, rules, orders, or FCC regulations.