Haw. Code R. § 6-80-90

Current through November, 2024
Section 6-80-90 - Capital improvements
(a) By January 1 of each year, a telecommunications carrier receiving State or federal universal service fund subsidy for providing basic service in a high cost area, and a carrier providing noncompetitive service, shall file with the commission a capital improvements budget that projects expenditures for capital improvements during the ensuing five years. The budget must include details about the carrier's contemplated first year expenditures.
(b) A telecommunications carrier receiving State or federal universal service fund subsidy for providing basic service in a high cost area, and a carrier providing noncompetitive service, shall submit to the commission for review proposed capital expenditures for any single project related to plant replacement, expansion, or modernization, that is estimated to exceed $500,000. The carrier shall submit the proposed expenditures for review at least sixty days before the commencement of construction or commitment for expenditure, whichever is earlier. The commission may:
(1) Approve the whole or any portion of the proposed project, in which event the project or the portion approved may be included by the carrier in its rate base; or
(2) After a hearing, reject the whole or any portion of the proposed project, if it determines that the project or a portion of it is not necessary or is unreasonably in excess of probable future requirements for basic exchange or noncompetitive service, in which event the carrier may not include the project or the rejected portion of the project in its rate base. The commission may subsequently allow the inclusion of the project or the rejected portion in the carrier's rate base upon a showing by the carrier that the project or the rejected portion has become necessary or useful in providing basic exchange or noncompetitive service.

If the commission does not act upon the proposed expenditure within ninety days of its submission for review, the carrier may include the project in its rate base without any determination by the commission. The carrier shall submit data concerning the proposed project in such form and detail as the commission may prescribe.

Haw. Code R. § 6-80-90

[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-8, 269-16, 269-34 to 43)