Section 6-80-25 - Classification of services(a) All telecommunications services offered, initiated, or provided by telecommunications carriers within the State shall be classified as: (2) Partially competitive; or(b) Any single telecommunications carrier may seek to offer, initiate, or provide any or all classes of services, unless ordered otherwise by the commission.(c) A service is fully competitive, if: (1) There are multiple providers of the service who can enter and exit the market with ease, with none of the providers being dominant in terms of sales;(2) All customers for the service have access to information about prices and service quality; and(3) All customers have the ability and incentive to obtain service from the most efficient provider at a price equal to the economic cost of the service.(d) In determining whether a service is fully competitive or partially competitive, the commission shall consider the following factors:(1) The identity, number, and size of any alternative carriers offering the same or equivalent service;(2) The extent to which service of comparable quality is readily available from more than one carrier in the relevant market;(3) The ability of alternative carriers to make equivalent or substitute services readily available at competitive rates, terms, and conditions;(4) Other indicators of market power, including the various carriers' shares of the relevant market, the growth or shifts in market share, the ease of market entry and exit, and any affiliation between or among alternative carriers providing the same or similar service;(5) Benefits to the public interest; and(6) Any other factors deemed relevant by the commission. The degree and extent of competition determine whether the telecommunications service is fully competitive or partially competitive. Partial competition constitutes a classification that is transitional to full competition. Any service not classified as fully or partially competitive is noncompetitive.
(e) A telecommunications service may be classified as fully competitive, partially competitive, or noncompetitive for the entire State, some geographical area therein, including an exchange service area, or for a specific customer or class or group of customers.(f) Notwithstanding subsections (c) and (d): (1) A service that is available to a substantial majority of potential customers in the relevant market from more than one carrier is deemed partially competitive, unless otherwise ordered by the commission; and(2) Specific services provided through resale are fully competitive for the reseller of the specific service, unless otherwise ordered by the commission.(g) No telecommunications carrier, certified by the commission to provide intrastate telecommunications services, is precluded from offering or providing any competitive or noncompetitive service, provided the service is tariffed in accordance with subchapter 4, unless ordered otherwise by the commission.[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-34 to 43)