Section 6-80-74 - Poles, ducts, conduits, and rights of way(a) Upon a bona fide request, a utility shall provide to telecommunications carriers nondiscriminatory access to the poles, ducts, conduits, and rights-of-way owned or controlled by the utility, provided that: (1) Such access is technically feasible, physically and legally possible, and economically reasonable;(2) Safety of the general public is not put at risk; and(3) The availability and reliability of existing utility services to the general public are not compromised.(b) The costs and expenses incurred by the utility of whom a request is made for access to poles, ducts, conduits, or rights of way, and the costs and expenses incurred by any other person who has an interest in the poles, ducts, conduits, or rights of way and is affected by the request for access, including the State and county governments, in analyzing and evaluating the technical feasibility, physical and legal possibility, and economic reasonableness of the request, are subject to agreement by all affected parties. If the parties are unable to reach agreement within thirty days of the bona fide request for access, the telecommunications carrier requesting access shall inform the commission in writing of the impasse. Following notification, the commission may: (1) Resolve the issues in dispute; or(2) Direct the parties to resume negotiations; or(3) Take any other action it deems appropriate.[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-34 to 43, 47 U.S.C. §224, 251, 252, 253 )