Section 6-80-49 - Intrastate access, interconnection, unbundling, and resale - standardsThe following standards apply to intrastate access, interconnection, unbundling, and resale:
(1) Telecommunications carriers shall offer or provide such services on rates, terms, and conditions that are just, reasonable, and nondiscriminatory and on a competitively neutral and cost-based basis, which may include a reasonable profit;(2) A telecommunications carrier may not offer or provide any such services at excessive prices; and, except as otherwise provided in this chapter, no telecommunications carrier is required to offer or provide any such services at prices below total service long run incremental cost, provided that the commission may direct the carrier to provide a discount on unbundled elements in cases in which the full functionality used by the carrier in the provision of its service is offered to other carriers on an impaired basis;(3) Exchange networks shall be interconnected on a seamless and transparent basis, so that customers can seamlessly receive calls that originate on another carrier's network and place calls that terminate on another carrier's network without dialing extra digits;(4) Telecommunications carriers shall be interconnected in a manner that gives the carriers seamless integration into, and use of, the signaling and interoffice networks at reasonable rates, including access to switches, signaling systems, and other facilities, or information associated with originating and terminating communications or otherwise facilitating interoperability for any communication carried by the network facilities;(5) Access, interconnection, and unbundling must maintain the technical and economic integrity of the network of a telecommunications carrier;(6) To ensure inter-operability of networks and to maintain the integrity of each telecommunications carrier's network, the telecommunications carriers shall abide by the technical interconnection standards, including technical engineering, operations, and maintenance standards, as established by national telecommunications industry organizations;(7) Telecommunications carriers shall make their networks and facilities available for access and interconnection to other carriers at: (C) Any other switching points; or(D) Any mutually agreed upon or technically feasible meet-point;(8) The cost of constructing, operating, or maintaining any interconnecting network or facility shall be incurred by, and shared between, the interconnecting carriers on an equitable, cost-based basis;(9) A telecommunications carrier shall provide for physical collocation of equipment necessary for access or interconnection at the carrier's premises, except that the carrier may provide for virtual collocation if it demonstrates that physical collocation is not practical for technical reasons or due to space limitations. Nothing in this paragraph prohibits carriers from voluntarily entering into agreements for the virtual collocation of equipment;(10) A telecommunications carrier shall make available to a requesting carrier, to the extent technically feasible and economically reasonable, those unbundled network components, functions, and services that the requesting carrier needs for purposes of providing telecommunications services. A telecommunications carrier may not require or compel a requesting carrier to take any network component, function, or service that the requesting carrier does not need for its purposes in providing telecommunications services;(11) Exchange facilities, functions, and services shall be offered and made available for resale or shared use, provided that: (A) Residential access lines may not be resold to offer, initiate, or provide business services;(B) Resellers may not use residential access lines to offer, initiate, or provide business services; and(C) The carrier offering a telecommunications service for resale or shared use may impose reasonable restrictions upon its resale or sharing as may be set forth in the carrier's tariff;(12) All telecommunications services sold at retail to customers that are not telecommunication carriers are subject to resale at wholesale rates; and(13) The wholesale rates of resold services shall be determined on the basis of the retail rates, excluding that portion of the retail rates attributable to any marketing, billing, collection, and other costs that will be avoided by the resale of the services.[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-34 to 43, 47 U.S.C. §§251, 252 )