Haw. Code R. § 6-80-18 - Issuance or denial of certification

(a) The commission shall issue a certificate of authority to any qualified applicant, authorizing the whole or any part of the telecommunications service covered by the application, if it finds that:

(1) The applicant possesses sufficient technical, financial, and managerial resources and abilities to provide the proposed telecommunications service in the State;

(2) The applicant is fit, willing, and able to properly perform the proposed telecommunications service and to conform to the terms, conditions, and rules prescribed or adopted by the commission; and

(3) The proposed telecommunications service is, or will be, in the public interest.

(b) Where the telecommunications carrier is exempted by federal law from entry regulation by the State, the commission shall issue a certificate of registration to the carrier upon the filing of an application that complies with § 6-80-17(d).

(c) No hearing is required for the granting or denial of an application for a COA; provided that the commission may hold a hearing before it grants or denies an application, if it deems a hearing to be appropriate.

(d) Any COA or COR issued by the commission shall:

(1) Specify the telecommunications service to be provided;

(2) Delineate the geographic area in which the service is to be provided; and

(3) Define the terms and conditions of the COA or COR as the commission may reasonably prescribe.

(e) Unless otherwise ordered by the commission, no COA or COR issued by the commission to any telecommunications carrier may be construed as granting a monopoly or exclusive privilege, franchise, or charter for the provision of telecommunications service.

(f) Unless otherwise ordered by the commission, the issuance of a COA or COR to any telecommunications carrier does not preclude the commission from issuing any additional certificates of authority or registration to any other person seeking to offer, initiate, or provide the same or similar telecommunications service in the same geographic area.

(g) Except as otherwise provided by federal or State law, and in order to protect the public interest and to preserve the State's commitment to universal service, the commission may establish reasonable terms and conditions for the entry of telecommunications carriers into the State.

Notes

Haw. Code R. § 6-80-18

[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-7.5, 269 16.9, 269-34 to 43)