Report Title:

Rate Hearings; Telecomm; Contested Case Exemption

 

Description:

Clarifies that the Public Utilities Commission, upon motion, notice, and hearing, may exempt a telecommunications provider from the public hearing and contested case requirements in rate-related matters. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1777

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to public utilities.

 

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

SECTION 1. Section 269-16.9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding any provision of this chapter to the contrary, the commission, upon its own motion or upon the application of any person, and upon notice and hearing, may exempt a telecommunications provider or a telecommunications service from any or all of the provisions of this chapter, including the provisions of section 269.16 relating to public hearing and contested case requirements, and except the provisions of section 269-34, upon a determination that the exemption is in the public interest. In determining whether an exemption is in the public interest, the commission shall consider whether the exemption promotes state policies in telecommunications, the development, maintenance, and operation of effective and economically efficient telecommunications services, and the furnishing of telecommunications services at just and reasonable rates and in a fair manner in view of the needs of the various customer segments of the telecommunications industry. Among the specific factors the commission may consider are:

(1) The responsiveness of the exemption to changes in the structure and technology of the State's telecommunications industry;

(2) The benefits accruing to the customers and users of the exempt telecommunications provider or service;

(3) The impact of the exemption on the quality, efficiency, and availability of telecommunications services;

(4) The impact of the exemption on the maintenance of fair, just, and reasonable rates for telecommunications services;

(5) The likelihood of prejudice or disadvantage to ratepayers of basic local exchange service resulting from the exemption;

(6) The effect of the exemption on the preservation and promotion of affordable, universal, basic telecommunications services as those services are determined by the commission;

(7) The resulting subsidization, if any, of the exempt telecommunications service or provider by nonexempt services;

(8) The impact of the exemption on the availability of diversity in the supply of telecommunications services throughout the State;

(9) The improvements in the regulatory system to be gained from the exemption, including the reduction in regulatory delays and costs;

(10) The impact of the exemption on promoting innovations in telecommunications services;

(11) The opportunity provided by the exemption for telecommunications providers to respond to competition; and

(12) The potential for the exercise of substantial market power by the exempt provider or by a provider of the exempt telecommunications service."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.