§16-133-52 - Change in regulatory status.

§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 ofproving the existence of effective competition.

(b) Within fifteen days ofreceiving a petition for change ofregulatory 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 oftwo successive weeks in a newspaper ofgeneral 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 ofthe 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 ofthe 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 offiling 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.

        [Eff and comp 4/22/94] (Auth: HRS §440G-12) (Imp: HRS §440G-11)

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