Hawaii Administrative Code

Each cable operator shall maintain at least one specially designated, noncommercial public access channel available on a first-come, nondiscriminatory basis. The cable operator shall maintain and have available for public use at least the minimal equipment and facilities necessar…

Each cable operator shall maintain at least one specially designated channel for use by state and local educational authorities and institutions. Notes Haw. Code R. § 16-131-33 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS § 440G-12) (Imp: HRS § 440G-…

Each cable operator shall maintain at least one specially designated channel for government use. Notes Haw. Code R. § 16-131-34 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS § 440G-12) (Imp: HRS § 440G-12)

Each cable operator shall offer unused portions of its bandwidth for leased access services to the extent permitted under federal law. Notes Haw. Code R. § 16-131-35 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS § 440G-12) (Imp: HRS § 440G-12)

Whenever any of the channels described in sections 16-131-32 to 16-131-34 are in use four out of five days (Monday-Friday) for eighty per cent of the time during a consecutive three-hour period for six consecutive weeks, the cable operator shall have six months in which to make a…

No cable operator shall exercise control over program content on any of the channels described in sections 16-131-32 to 16-131-36. Notes Haw. Code R. § 16-131-37 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS § 440G-12) (Imp: HRS § 440G-12)

The headend facility may be physically located outside the cable operator's service area, however, a cable operator shall provide service to the public (i.e. hook-up subscribers) only within its service area. Upon receiving approval of the director, one or more cable operators ma…

Cable facilities of a cable operator may be routed through areas not within that cable operator's service area if the purpose of the routing is to bring into the cable operator's service area the signals from a headend located outside the cable operator's service area; or to furn…

Each cable operator shall comply with applicable utility practices, Public Utility Commission Orders, pole line agreements, state statutes and rules, franchises, city and county ordinances, and such other rules as may be applicable for the proper construction, operation, and main…

The following performance standards shall be adhered to by all cable systems: (1) The frequency of the visual carrier shall be maintained at 1.25 MHz + 25 KHz above the lower boundary of the cable television channel, except that, in those systems that supply subscribers with a co…

If a subscriber is unable to obtain satisfaction from the cable operator with respect to the quality of the cable signal, the director may require the cable operator to send a technician to accompany a representative from the department to the subscriber's dwelling where a test s…

A record of all cable equipment tests and adjustments and data sufficient to allow checking of the results shall be recorded and shall include: the identifying number of the cable equipment, its type, the date and kind of test, and the results as found at each test. The record of…

Annually, on or before January 31, each cable operator shall file with the director a list of all shareholders and undisclosed principals holding one or more per cent of the corporation's shares, noting the kind of shares held and the amounts held thereof. The cable operator shal…

Each cable operator, within one hundred twenty days after the close of its fiscal year, shall submit to the director financial review or audited financial statements for the preceding fiscal year. Financial statements, whether audited or in the form of financial review, shall inc…

Each cable operator, on or before the fifteenth day of each month, shall submit a status report to the director on its current construction and shall submit annually, on or before March 31, a report of construction undertaken by it, its agents, or contractors for the preceding ca…

Annually, on or before March 31, each cable operator shall file with the director a report compiling categorized complaints from subscribers, potential subscribers, and the public, together with a report on the resolution and the means for prevention of similar complaints. Notes …

Annually, on or before March 31, each cable operator shall file with the director a proof of performance test, an annual compilation of monthly reports of service, quality, and testing programs, together with remedies for deficiencies. Notes Haw. Code R. § 16-131-47 [Eff 6/22/81;…

Annually, on or before January 31, each cable operator shall file with the director a report on: (1) All production and programming activities undertaken by it during the preceding calendar year; (2) Production and programming activities contemplated for the year beginning Januar…

On or before the fifteenth day of each month, each cable operator shall submit a report to the director on all major system faults of the previous month, including the nature of the faults, length of interruptions, and corrective actions taken, if any. Notes Haw. Code R. § 16-131…

Cable operators, in the extension of credit for service, shall: (1) Make all credit determinations on the basis of the applicant's individual credit record. The cable operator shall not make any determination based on arbitrary classifications unrelated to credit reliability such…

Reports for the quarters ending March 31, June 30, September 30, and December 31 shall be due on or before the last day of the month subsequent to the ending of the quarter. Each cable operator shall file with the director, on forms provided by the director, a report of the prece…

Notes Haw. Code R. §§ 16-131-56 to 16-131-58

(a) The cable operator shall schedule or acknowledge subscriber requests for repair or maintenance service within twenty-four hours (excluding weekends and holidays). (b) The cable operator shall verify and complete the repair or maintenance service within forty-eight hours (excl…

Except as otherwise provided in this chapter, the cable operator shall provide cable facilities necessary to serve applicants or subscribers in accordance with its rates, rules, and current construction standards. Notes Haw. Code R. § 16-131-6 [Eff 6/22/81; am and comp 7/28/88; c…

(a) When a service call to the subscriber's premises is required, the cable operator shall upon the subscriber's request, schedule a four-hour block of time (either a.m. or p.m.) for the appointment and make a reasonable effort to pinpoint a more exact time. (b) If for any reason…

(a) At the time of initial installation the cable operator shall provide to the subscriber the information in (b)(1) through (3) and (c)(1) through (6). (b) Each billing statement or invoice shall include: (1) The address and telephone number of the cable operator's local busines…

(a) The cable operator shall give the director and subscribers thirty days notice before: (1) Commencing any work on the cable system that will result in an interruption in cable service when the timing of the work is within the control of the cable operator and will allow such n…

(a) If the director determines, after a hearing in accordance with chapter 91, HRS, that any cable operator has violated section 440G-9(b)(1) through (8) as amended, HRS, the director may fine the cable operator an amount not less than $50 nor more than $25,000 for each separate …

(a) The cable operator shall provide two hundred feet of service drop over private property without any additional charge beyond the normal installation charge shown in the cable operator's filed tariff. (b) If the applicant requests a service drop longer than two hundred feet, i…

(a) For purposes of this section, "PEG" means public, educational, and governmental. (b) The director shall comply with the applicable provisions of chapter 103D, HRS, when designating and selecting an access organization to oversee the development, operation, supervision, manage…

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affe…

Notes Haw. Code R. § 16-131-8 R 12/23/91

(a) The terms for special service facilities may be negotiated between the cable operator and the applicant or applicants requesting such facilities. In the event the parties are unable to agree, the matter may be brought to the director for resolution. (b) The cable operator may…

All applications for issuance or renewal of a cable franchise or proposal therefor shall be accompanied by a fee of $1,000. Notes Haw. Code R. § 16-132-1 [Eff 6/22/81; am and comp 12/14/87; am and comp 7/28/88; comp 9/30/05] (Auth: HRS § 440G-12) (Imp: HRS § 440G-6)

(a) Except as otherwise provided in subsection (c), the annual fee for each cable operator shall be one per cent of the income received from subscribers for cable services rendered during the preceding calendar year. (b) The annual fee shall be paid by the cable operator to the d…

For its first year of operation, a cable operator shall be assessed a fee of $5,000, which fee shall be due and payable upon granting of the franchise by the director. Notes Haw. Code R. § 16-132-3 [Eff 6/22/81; am and comp 12/14/87; comp 7/28/88; comp 9/30/05] (Auth: HRS § 440G-…

The penalty shall be ten per cent of the unpaid fee, but not less than $50. Fees and penalties not paid within fifteen days of the due date shall result in an interest payment of ten per cent per annum compounded every thirty days on the unpaid balance. Failure to pay the fee, pe…

The charge for copies of the Hawaii cable communications rules shall be $2.50. Notes Haw. Code R. § 16-132-5 [Eff 6/22/81; am and comp 12/14/87; am and comp 7/28/88; comp 9/30/05] (Auth: HRS § 440G-12) (Imp: HRS § 440G-12)

As used in this chapter: "Applicant" means the person making applications or proposals. "Application" means a request or proposal for the issuance, transfer, or renewal of a cable franchise, a change in ownership of a cable operator, an extension of an existing service area, or a…

(a) Within thirty days of receipt of an application and applicable fee, the director shall review the application and notify the applicant in writing that it is acceptable for filing or inform the applicant that it fails to provide certain information. The applicant shall be give…

(a) The computing of any period of time shall be in accordance with section 16-201-14, Hawaii Administrative Rules. (b) The time limits set by this chapter may be waived or extended by mutual written agreement between the director and the applicant. Notes Haw. Code R. § 16-133-11…

To facilitate the review of the application, the director may informally and at anytime during the application process request the applicant to submit additional information or supporting documentation to clarify or supplement the information already contained in the application.…

In addition to requesting supporting documentation or clarifying information from the applicant, the director may initiate or require any investigation, examination, and audit to be performed as deemed appropriate. Notes Haw. Code R. § 16-133-13 [Eff 7/28/88; comp 4/22/94] (Auth:…

Within thirty days after the issuance of a notice of acceptance for filing, the director shall hold a public hearing in accordance with section 440G-7(2), HRS, to afford the public the opportunity to submit oral or written data, views, or arguments. Notes Haw. Code R. § 16-133-14…

(a) The following factors shall give rise to a rebuttable presumption that an applicant fails to meet the character criterion of section 440G-8(b), HRS, for issuance or transfer of a cable franchise: (1) During the ten-year period immediately preceding filing of the application, …

(a) After holding a public hearing, the director shall approve the application in whole or in part, with or without conditions or modifications, or shall deny the application, with reasons for denial sent in writing to the applicant. The director has the discretion to require the…

In issuing or transferring a cable franchise under this chapter, the director is not restricted to approving or disapproving the application in its entirety but may issue it for only partial exercise of the privilege sought or may attach to the exercise of the right granted by th…