Haw. Code R. § 6-81-33 - Contributors to the fund

(a) All telecommunications carriers operating or providing telecommunications service within the State shall contribute to the universal service fund.

Telecommunications carriers subject to this subsection include:

(1) The incumbent telecommunications carrier; and

(2) All carriers certified by or registered with the commission pursuant to § 269-7.5(b), HRS, or § 6-80-18(a) or (b), including:

(A) Carriers or providers of commercial mobile radio service;

(B) Resellers; and

(C) Narrow and broadband personal communications service providers, private network providers, cable television firms, power companies, enhanced service providers, and very small aperture satellite service providers.

(b) The commission may require any person other than a telecommunications carrier to contribute to the universal service fund if, after written notice and hearing, the commission determines:

(1) The person is offering a commercial service (i.e., for compensation or profit) within the State that directly benefits from the telecommunications infrastructure situated within the State; and

(2) The commercial service directly competes with a telecommunications service provided within the State by a telecommunications carrier that is required to make a contribution to the fund.

(c) The commission may exempt a telecommunications carrier or class of carriers from the requirement to contribute to the universal service fund if the carrier's telecommunications activities are limited to such an extent that the level of such carrier's contribution to the preservation and advancement of universal service would be de minimis.

Notes

Haw. Code R. § 6-81-33

[Eff ] (Auth: HRS §§ 269-6, 269-35, 269-38, 269-41 to 43) (Imp: HRS §§ 269-35, 269-38, 269-41 to 43, 47 U.S.C. §254)