Section 6-80-87 - Operating standards for telecommunications service - generalA telecommunications carrier shall:
(1) Provide telecommunications services on a non-discriminatory basis to all customers similarly situated or within a reasonably constituted class, according to any applicable commission standards or any tariffs on file with the commission;(2) Employ prudent management and engineering practices that ensure the availability of sufficient facilities and personnel to achieve the standards of service quality required by prudent telecommunications industry practice, and this chapter;(3) Provide telecommunications service in its service exchange twenty-four hours a day. The carrier shall provide sufficient equipment and operating capabilities at all times, including during the average busy hour and average busy season. As used in this paragraph, "busy hour" means the hour each day during which the greatest volume of traffic is handled in the central office, and "busy season" means the consecutive thirty-day period of the year during which the greatest volume of traffic is handled in the central office;(4) Design, construct, install, operate, and maintain its plants, facilities, and equipment in a manner consistent with prudent and generally accepted telecommunications industry practices and standards, except as modified by the commission;(5) Keep all meters and recording devices used to record data and prepare customers' bills and the controlling channel equipment associated with such meters and recording devices in good operating condition, and periodically inspect and test the equipment to ensure proper functioning;(6) Make reasonable provision for emergencies resulting from power failures, unusual and prolonged increases in telecommunications traffic, or lack of personnel and from fire, storm, hurricane, or other acts of God;(7) Adopt and adhere to a maintenance program to ensure safe, adequate, and reliable service at all times;(8) Adopt and maintain customer response procedures and standards;(9) Adopt and maintain service reliability procedures and standards;(10) Maintain sufficient records of its operations, and make such records available to the commission and the consumer advocate at any time upon request;(11) Maintain current and accurate records of its customers;(12) Adopt and maintain a suitable safety program;(13) Adopt and maintain measures that ensure that a customer's choice of carriers or services will not be changed or modified without the customer's authorization, including a stand alone form for written authorizations;(14) As soon as practical, notify its customers in writing of any changes in price, scope, or quality of service;(15) Adopt and maintain standards and procedures for respecting and safeguarding personally identifiable customer information, equipment, and records;(16) Maintain on file in each of its instate business offices its complete tariffs and exchange maps and make them available for public inspection during regular business hours;(17) Permit all carriers to have nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listing, with no unreasonable dialing delays; and(18) To the extent readily achievable, ensure that telecommunications service is accessible to and usable by individuals with disabilities, as that term is defined by §3(2)(A) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. §12102(2)(A) ).[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-34 to 43, 47 U.S.C. §§251, 255 )