Haw. Code R. § 6-80-47 - Intrastate access, interconnection, unbundling, and resale - request for
(a) Upon a bona fide request of another
carrier, a telecommunications carrier shall:
(1) Unbundle its network facilities,
functions, and services, to the extent technically feasible and economically
reasonable;
(2) Make its
facilities, functions, and services available, on an unbundled basis, for
intrastate access and interconnection by the other carrier, at any technically
feasible and economically reasonable point within the carrier's
network;
(3) Offer such facilities,
functions, and services for resale or shared use, to the extent technically
feasible and economically reasonable; and
(4) Make available and offer such facilities,
functions, and services of such quality at least equal to that provided by the
carrier to itself or to any of its subsidiaries or affiliates, or to any other
carrier to which it provides interconnection.
(b) Upon receipt by a telecommunications
carrier of a bona fide request for access, interconnection, or unbundling from
another carrier, the carriers shall, within thirty days following receipt of
the request, attempt to reach agreement concerning responsibility for any costs
and expenses incurred by the requested carrier in analyzing and evaluating the
technical feasibility of the request. If the carriers are unable to reach
agreement within thirty days, the carrier initiating the request for access,
interconnection, or unbundling shall notify the commission and the consumer
advocate in writing of the impasse. Following notification, the commission may
take any action it deems appropriate, including:
(1) Resolving the issues in dispute;
or
(2) Directing the carriers to
resume negotiations.
(c)
A telecommunications carrier that denies the request of another carrier for
access, interconnection, or unbundling on the grounds that the requested
access, interconnection, or unbundling is not technically feasible or is not
economically reasonable bears the burden of demonstrating that fact.
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