Haw. Code R. § 6-81-55 - Carrier of last resort - selection

(a) The commission shall select the carrier of last resort for a high cost area through a bidding process. The commission shall formulate specifications for providing basic exchange service in the high cost area and prepare a solicitation for bids. The commission shall cause a notice of the bid solicitation to be published, at least once, in a newspaper of general circulation in the State and in a newspaper published and generally circulated in the county where the high cost area is situated. Any telecommunications carrier certified or authorized to provide telecommunications services in the State, including any carrier temporarily certified to participate in the bidding process, may submit a bid. The successful bidder shall provide basic exchange service in the high cost area in accordance with the terms and conditions set forth in the specifications and as otherwise required by the commission.

(b) The commission shall consider the following factors in determining the successful bidder:

(1) Ability to adhere to the requirements of the specifications;

(2) Quality and level of service to be provided;

(3) Investment commitment;

(4) Qualifications of the bidder;

(5) Cost to the customers in the area;

(6) The amount of the subsidies required;

(7) Protection of the public interest; and

(8) Any other factors deemed relevant by the commission.

The commission may, as it deems appropriate and in the public interest, reject all bids, redraft the specifications, and re-start the bidding process.

(c) Every carrier (including the incumbent carrier providing basic exchange service in the area) submitting a bid shall include in its projected cost the undepreciated balance of the facilities of the incumbent carrier then being used to provide basic exchange service in the area. The undepreciated balance is the undepreciated value of the facilities as carried on the books of the incumbent carrier. The commission shall establish a procedural schedule for the incumbent carrier to present its claim of the cost of the undepreciated balance of the facilities, for comments to be made by the consumer advocate and other carriers, and for adjudication of this matter by the commission in advance of the submission of bids.

Notes

Haw. Code R. § 6-81-55

[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)