§269-16.85 Retail intrastate services; fully competitive. (a) Notwithstanding section 269-16.9 or any other law to the contrary, the public utilities commission shall treat retail intrastate telecommunications services, under the commission's classification of services relating to costs, rates, and pricing, as fully competitive and apply all commission rules in accordance with that designation. In addition, a telecommunications carrier shall not be required to obtain approval or provide any cost support or other information to establish or otherwise modify in any manner its retail intrastate telecommunications service rates, fares, charges, and terms and conditions, or to bundle any service offerings into a single or combined price package and shall not be subject to sections 269-16 and 269-39; provided that on an annual basis, the monthly rate increase for basic exchange service in any county with a population of less than five hundred thousand shall not exceed $6.50 without the public utilities commission's approval. All rates, fares, charges, bundled service offerings, and service terms and conditions shall be posted on the local exchange carrier's website.
(b) This section shall apply to retail rates charged for service to end-user consumers only and shall not apply to wholesale rates charged for services provided by a telecommunications carrier to another telecommunications provider, a wireless communications provider, a voice over internet protocol communications provider, or other similar communications provider.
(c) Nothing herein shall modify any requirements of a telecommunications carrier to provide lifeline telephone service, comply with carrier of last resort obligations, or comply with applicable service quality standards.
(d) Notwithstanding section 269-17, any telecommunications service provider providing fully competitive retail services shall not be required to seek commission approval for the issuance of stocks, stock certificates, bonds, notes, and other evidences of indebtedness; provided that the telecommunications service provider notifies the public utilities commission, with a copy to the consumer advocate, of all issuances upon execution of the transaction.
(e) Notwithstanding section 269-19, any telecommunications service provider providing fully competitive retail services shall not be required to seek commission approval for the sale, lease, mortgage, assignment, or other disposition or encumbrance of the whole or any part of its road, line, plant, system, or other property; provided that any telecommunications service provider shall not, directly or indirectly, merge or consolidate with any other public utility without first having secured from the public utilities commission an order authorizing the provider to do so.
(f) Notwithstanding section 269-9, any telecommunications service provider providing fully competitive retail services shall not be required to file accident reports with the commission. [L 2009, c 180, §2; am L 2010, c 8, §1; am L 2012, c 74, §2; am L 2019, c 229, §1]
Structure Hawaii Revised Statutes
Title 15. Transportation and Utilities
269. Public Utilities Commission
269-3 Employment of assistants.
269-5 Annual report and register of orders.
269-6 General powers and duties.
269-6.5 Electronic copies of documents.
269-7.5 Certificates of public convenience and necessity.
269-8 Public utilities to furnish information.
269-8.5 Annual financial reports.
269-10 Commission may compel attendance of witnesses, etc.
269-13 Right to be represented by counsel.
269-14.5 Appointment of receiver for public utilities.
269-15 Commission may institute proceedings to enforce chapter.
269-15.6 Alternative dispute resolution.
269-16 Regulation of utility rates; ratemaking procedures.
269-16.1 Performance incentive and penalty mechanisms.
269-16.22 Power purchase agreements; cost recovery for electric utilities.
269-16.3 Statewide rate increase surcharge assessment on ratepayers in emergency situations.
269-16.4 Annual fuel mix disclosure.
269-16.5 Lifeline telephone rates.
269-16.8 Aggregators of telephone service requirements.
269-16.85 Retail intrastate services; fully competitive.
269-16.91 Universal service subsidies.
269-16.93 Release of domestic abuse victims from shared wireless plans.
269-16.95 Emergency telephone service; capital costs; ratemaking.
269-17 Issuance of securities.
269-17.5 Issuance of voting stock; restrictions.
269-18 Acquirement of stock of another public utility.
269-19 Merger and consolidation of public utilities.
269-20 Certificates of public convenience and necessity for water carriers.
269-26 Investigation of water rates charged by lessee under state leases.
269-26.5 Preferential water rates for agricultural activities.
269-26.6 Preferential water carrier service rates for agricultural activities.
269-27 Prevention of unreasonable water rates.
269-27.1 Establishment of geothermal energy rates.
269-27.2 Utilization of electricity generated from nonfossil fuels.
269-27.3 Preferential renewable energy rates; agricultural activities.
269-27.4 Community-based renewable energy tariffs.
269-27.5 Construction of high-voltage electric transmission lines; hearing.
269-27.7 Preferential electricity rates; protected agriculture.
269-30 Finances; public utility fee.
269-31 Application of this chapter.
269-32 Injury to public utility property.
269-33 Public utilities commission special fund.
269-34 Obligations of telecommunications carriers.
269-36 Telecommunications number portability.
269-37 Compensation agreements.
269-38 Regulatory flexibility for effectively competitive services.
269-40 Access to advanced services.
269-41 Universal service program; establishment; purpose; principles.
269-42 Universal service program; contributions.
269-43 Carriers of last resort.
269-44 Solar water heater system standards.
269-45 Gas utility companies; renewable energy; reporting requirements.
269-47 Electric power systems data access and transparency; principles.
269-48 Coal power purchase agreements; prohibited.
269-51 Consumer advocate; executive director of the division of consumer advocacy.
269-52 Division of consumer advocacy; personnel.
269-54 General powers; duties.
269-55 Handling of complaints.
269-72 Electric vehicle charging system; rebate program.
269-73 Electric vehicle charging system; rebate program; administrator; establishment.
269-92 Renewable portfolio standards.
269-93 Achieving portfolio standard.
269-94 Waivers, extensions, and incentives.
269-95 Renewable portfolio standards study.
269-96 Energy-efficiency portfolio standards.
269-101.5 Maximum capacity of eligible customer-generator.
269-102 Standard contract or tariff; rate structure.
269-104 Additional customer-generators.
269-106 Billing periods; twelve-month reconciliation.
269-107 Net electricity consumers.
269-108 Net electricity producers; excess electricity credits and credit carry over.
269-109 Net electricity consumption or production information.
269-110 Termination by eligible customer-generators.
269-111 Safety and performance standards.
269-121 Public benefits fee authorization.
269-122 Public benefits fee administrator; establishment.
269-123 Requirements for the public benefits fee administrator.
269-124 Transitioning from utility demand-side management programs to the public benefits fee.
269-125 On-bill financing for energy efficiency and renewable energy.
269-144 Compliance and enforcement.
269-145 Grid access; procedures for interconnection; dispute resolution.
269-145.5 Advanced grid modernization technology; principles.
269-146 Hawaii electricity reliability surcharge; authorization; cost recovery.
269-147 Hawaii electricity reliability administrator; contracting.
269-148 Hawaii electricity reliability administrator; qualifications.
269-162 Applications to issue bonds and authorize green infrastructure fee.
269-163 Green infrastructure financing order.
269-164 Green infrastructure property.
269-165 Bonds financing order.
269-166 Green infrastructure fee; nonbypassable
269-167 Electric utility successor requirements; default of electric utility.
269-168 Treatment of bonds, fees, and property.
269-169 Green infrastructure property; non-impairment.
269-170 Green infrastructure loan program order; application.
269-171 Green infrastructure loan program order; issuance.
269-172 Electric utilities; cost recovery; billing agent.
269-175 Revenue bonds; exclusion from debt limit.
269-176 Financing order; adjustments to green infrastructure fee.