Haw. Code R. § 6-81-4

Current through November, 2024
Section 6-81-4 - Definitions

As used in this chapter, unless the context clearly requires otherwise:

"Access" means access to an exchange network for the purpose of enabling a telecommunications carrier to originate or terminate exchange service.

"Access line" means the medium over which a customer connects to an exchange network.

"Administrator" means the administrator of the universal service fund.

"Basic exchange service" or "basic service" means the same as in § 6-81-19.

"Bona fide request" means a written request made in good faith, with earnest intent and without fraud, deceit, or pretense.

"Business customer" means a customer to whom business service is provided.

"Business service" means the telecommunications service provided to a customer where the use is primarily or substantially for a business, professional, institutional, or occupational nature.

"Carrier of last resort" means the telecommunications carrier designated by the commission to be eligible for disbursements from the State universal service fund for a specific high cost area.

"Commercial mobile radio service" means the same as in 47 U.S.C. §§153(n) and 332(d)(1). It includes cellular, paging, and personal communications services.

"Commission" means the public utilities commission of the State.

"Consumer advocate" means the department of commerce and consumer affairs, division of consumer advocacy, of the State.

"Customer" includes any person:

(1) Who has requested or applied for telecommunications service from a telecommunications carrier;

(2) Currently receiving telecommunications service from a telecommunications carrier; or

(3) Who moves to another location within a telecommunications carrier's service territory and requests that telecommunications service be discontinued at the previous location and begun at the new location.

"Elementary school" means a nonprofit institutional day or residential school that provides elementary education, as determined under State law.

"Enhanced 911" means the same as "statewide enhanced 911 emergency telephone service," in §269 16.95, HRS.

"Exchange" means a unit established and described in the tariff of a telecommunications carrier for the provision of service within a specific, prescribed geographical area, such as a city, town, or community and its environs. An exchange may consist of one or more central offices together with associated

facilities used in furnishing telecommunications service within the specific geographical or exchange area.

"Exchange area" means the geographical territory served by an exchange.

"Exchange service" means the telecommunications service provided to business and residential customers within a given exchange area in accordance with tariffs, including the use of exchange facilities required to establish connections:

(1) Between customer locations within the exchange; and

(2) Between customer locations and trunks accessing other exchanges. "FCC" means the Federal Communications Commission.

"Health care provider" means:

(1) A post-secondary educational institution offering health care instruction, a teaching hospital, and a medical school;

(2) A community health center or a health center providing health care to migrants;

(3) A governmental health department or agency;

(4) A community mental health center;

(5) A not-for-profit hospital;

(6) A rural health clinic; and

(7) A consortia of health care providers consisting of one or more entities described in paragraphs (1) to (6).

"High cost area" means a given geographical or exchange area within the State designated as high cost, pursuant to § 6-81-52(b).

"Household" means a family or a group of individuals who live together in the same dwelling, such as a single family home, apartment, or condominium unit, provided that such family or group is not comprised exclusively of individuals who have other primary residences or who are claimed as dependents on the tax returns of other persons. A household may consist of an individual who shares a dwelling unit with others and contributes toward the expenses of the unit, but maintains a separate, independent livelihood and occupies, on an exclusive basis, a clearly defined area in the dwelling unit.

"HRS" means the Hawaii Revised Statutes.

"Incumbent telecommunications carrier" or "incumbent carrier" means the telecommunications carrier referred to in §269 7.5(c), HRS.

"Lifeline telephone program" means the program of providing discounted residential telephone rates to elders with limited income and to the handicapped with limited income, as described in § 269-16.5(b), HRS.

"Low income customer" means a residential customer who meets the eligibility criteria to participate in the low income assistance program, pursuant to §§ 6-81-44 and 6-81-45.

"Network" includes a telecommunications carrier's facilities used to originate and terminate traffic.

"Person" includes individuals, partnerships, corporations, associations, joint stock companies, public trusts, organized groups of persons, whether incorporated or not, receivers or trustees of the foregoing, municipalities, including cities, counties, or other political subdivisions of the State, or any agency, authority, or instrumentality of the State, or of any one or more of the foregoing.

"Public institution" or "public institutional telecommunications user" means an elementary or secondary school, a library, or a health care provider.

"Resale" or "resell" means the offering or provision of telecommunications service by a telecommunications carrier through the use of services or facilities owned, maintained, or provided by another telecommunications carrier.

"Residential customer" means a customer to whom residential service is provided.

"Residential service" means the telecommunications service provided to a customer predominantly for personal or domestic use at the customer's residence or dwelling.

"Secondary school" means a nonprofit institutional day or residential school that provides secondary education, as determined under State law, except that the term does not include any education beyond grade 12.

"State" means the State of Hawaii.

"Tariff" means the documents that describe the service or product offered by a telecommunications carrier and prescribe the terms and conditions and the schedule of the rates and charges under which the service or product is offered.

"Telecommunications carrier" means the same as in § 269-1, HRS, and includes the incumbent telecommunications carrier.

"Telecommunications relay service" means the same as relay services for the deaf, hearing-impaired, and speech-impaired, under § 269-16.6, HRS.

"Telecommunications service" means the same as in § 269-1, HRS.

"U.S.C." means the United States Code.

"Universal service" means the offering and providing of basic exchange service to all customers in the State at affordable, just, and reasonable rates.

"Universal service fund" or "fund" means the State universal service fund.

Haw. Code R. § 6-81-4

[Eff ] (Auth: HRS §§ 269-6, 269-35, 269-38, 269-41 to 43) (Imp: HRS §§ 269-35, 269-38, 269-41 to 43, 47 U.S.C. §254 )