Haw. Code R. § 16-133-52 - Change in regulatory status
(a) A cable
operator that becomes subject to effective competition may petition the
director for change in its regulatory status. The cable operator bears the
burden of proving the existence of effective competition.
(b) Within fifteen days of receiving a
petition for change of regulatory status, the director shall publish notice of
the petition and shall afford all interested persons an opportunity to submit
written comments on the proposed change in regulatory status. Notice shall be
published at least once in each of two successive weeks in a newspaper of
general circulation in the county in which the cable operator provides service.
The notice shall state that comments with respect to the change in regulatory
status must be served on the cable operator and on the director within fifteen
days of the first published notice. Service may be completed by sending the
comments by first class mail to the local office of the cable operator and to
the division. The cable operator may respond to the comments, if any, within
seven days after the deadline for filing comments by submitting its written
response to the director.
(c) The
director shall decide on the cable operator's petition for change of regulatory
status within thirty days of the deadline for the cable operator's response to
comments in subsection (b). The director shall notify the FCC within ten days
of a decision by the director that effective competition exists. Unless the FCC
receives opposition to the change in status, the director's decision will
become final thirty days after its adoption.
(d) The director will cease regulating the
cable operator's rates for basic cable service and for the associated equipment
after the director's decision that effective competition exists becomes
final.
(e) The director and the
cable operator may submit a joint statement that effective competition exists.
The joint statement must stipulate which of the three tests for effective
competition as defined in
47 U.S.C.
§543(l) has been met
and explain how the test has been satisfied. The joint statement will become a
final decision within thirty days of filing with the FCC, unless challenged by
an interested party.
(f) Cable
operators denied a change in status by the director may seek review of that
decision at the FCC by filing a petition for revocation of
certification.
Notes
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