Haw. Code R. § 6-80-47

Current through November, 2024
Section 6-80-47 - Intrastate access, interconnection, unbundling, and resale - request for
(a) Upon a bona fide request of another carrier, a telecommunications carrier shall:
(1) Unbundle its network facilities, functions, and services, to the extent technically feasible and economically reasonable;
(2) Make its facilities, functions, and services available, on an unbundled basis, for intrastate access and interconnection by the other carrier, at any technically feasible and economically reasonable point within the carrier's network;
(3) Offer such facilities, functions, and services for resale or shared use, to the extent technically feasible and economically reasonable; and
(4) Make available and offer such facilities, functions, and services of such quality at least equal to that provided by the carrier to itself or to any of its subsidiaries or affiliates, or to any other carrier to which it provides interconnection.
(b) Upon receipt by a telecommunications carrier of a bona fide request for access, interconnection, or unbundling from another carrier, the carriers shall, within thirty days following receipt of the request, attempt to reach agreement concerning responsibility for any costs and expenses incurred by the requested carrier in analyzing and evaluating the technical feasibility of the request. If the carriers are unable to reach agreement within thirty days, the carrier initiating the request for access, interconnection, or unbundling shall notify the commission and the consumer advocate in writing of the impasse. Following notification, the commission may take any action it deems appropriate, including:
(1) Resolving the issues in dispute; or
(2) Directing the carriers to resume negotiations.
(c) A telecommunications carrier that denies the request of another carrier for access, interconnection, or unbundling on the grounds that the requested access, interconnection, or unbundling is not technically feasible or is not economically reasonable bears the burden of demonstrating that fact.

Haw. Code R. § 6-80-47

[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-34 to 43, 47 U.S.C. §§251, 252 )