REPORT TITLE:
Telecomm.; Competition


DESCRIPTION:
Allows competitors of incumbent local exchange carriers to enter
into agreements for the exclusive control and use of portions of
telecommunications infrastructure owned by incumbent carriers in
rural or other underserved areas.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            245         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO TELECOMMUNICATIONS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 269-42, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (d) to read as follows:
 
 3      "(d)  Telecommunications carriers may compete to provide
 
 4 services to underserved areas using funds from the universal
 
 5 service program.  Notwithstanding any law or charter provision to
 
 6 the contrary, a telecommunications carrier may negotiate in good
 
 7 faith and enter into an agreement with an incumbent local
 
 8 exchange carrier for the exclusive control and use of a portion
 
 9 of the incumbent local exchange carrier's telecommunications
 
10 infrastructure in a specified area, for the purpose of providing
 
11 service to residents of rural or underserved areas.  The
 
12 commission may provide incentives to enhance competition to
 
13 residents of those areas by means of these types of agreements
 
14 through the awarding of funds from the universal service fund to
 
15 both the incumbent local exchange carrier and other
 
16 telecommunications carriers who are parties to these agreements.
 
17      For the purposes of this section[, "underserved]:
 
18      "Incumbent local exchange carrier" has the same meaning as
 
19 defined in 47 United States Code 251(h)(1).
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1      "Underserved areas" means those areas in the State that lack
 
 2 or have very limited access to high capacity, advanced
 
 3 telecommunications networks and information services, including
 
 4 access to cable television."
 
 5      SECTION 2.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 3.  This Act shall take effect upon its approval.
 
 8 
 
 9                              INTRODUCED BY:______________________