Hawaii Administrative Code

To the extent not inconsistent with the procedures described in this chapter, the procedures described in chapter 16-201, Hawaii Administrative Rules shall apply. Should any provision of this chapter be invalidated, all other provisions shall remain in full force and effect. Note…

To the extent not inconsistent with the provisions of this subchapter, all of the provisions stated in subchapter 2, with the exception of sections 16-133-10, 16-133-11(a), and 16-133-14, together with the sections in this subchapter shall apply to all renewal applications. Notes…

(a) Upon receipt of the cable operator's written notice of intent to apply, or upon the director's own initiative, renewal procedures shall commence during the six-month period which begins with the thirty-sixth month before the franchise expiration. (b) The director shall begin …

(a) The director shall give the cable operator written notice of the completion of the ascertainment proceeding. Within twenty-eight calendar days after the completion of the ascertainment proceeding, the cable operator seeking renewal shall submit a written application for renew…

Within forty-two calendar days after the completion of the ascertainment proceeding, the director shall notify the applicant in writing of the acceptance or nonacceptance for filing of the application. Notes Haw. Code R. § 16-133-29 [Eff 7/28/88; comp 4/22/94] (Auth: HRS §§ 26-9,…

No cable franchise, including the rights, privileges, and obligations thereof, may be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by transfer of control of any cable system, whether by change in own…

Following acceptance of any application for filing, the director shall provide prompt and appropriate public notice of the application. Within forty-two calendar days after the issuance of a notice of acceptance for filing, the director may, in the director's discretion, hold a h…

Within four months after the completion of the ascertainment proceeding, the director shall either approve the application in whole or in part, with or without conditions or modifications, or make a preliminary assessment stating that the franchise should not be renewed. Any reas…

Nothing in this chapter shall preclude a cable operator from submitting an application for renewal at any time. Likewise, nothing shall preclude the director from granting or denying such an application, after affording the public adequate notice and opportunity for comment. Note…

Any cable franchise issued pursuant to chapter 440G, HRS, may be renewed by the director upon approval of a cable operator's written application therefor. The period of renewal shall be not less than five nor more than twenty years each, and no cable franchise shall be renewed ex…

(a) After certification by the FCC and upon these rules becoming effective, the director shall regulate such service and equipment rates as permitted under applicable state and federal law. The director shall regulate the rates in conformance with any applicable FCC rules governi…

A cable operator shall file its schedule of rates for the basic service tier and associated equipment with the director within thirty days after receiving written notice from the director that the State has been certified by the FCC and thereafter shall file its schedule of rates…

(a) Upon receipt from a cable operator of a filing for an initial rate schedule or proposed rate increase for the basic service tier and the associated equipment, the director shall provide public notice of the filing and shall afford all interested persons an opportunity to subm…

A cable operator shall provide written notice to its subscribers of any proposed increase in the rate to be charged for the basic service tier or associated equipment at least thirty days before the proposed increase is effective. The notice shall include a statement that written…

(a) After a cable operator has filed for review its existing rates for the basic service tier and associated equipment costs, or a proposed increase in the rates, the existing rates will remain in effect. The proposed rates will become effective thirty days after the date of fili…

(a) The director shall issue a written decision setting forth the director's reasons whenever: (1) A filing for an initial rate for the basic service tier or associated equipment is disapproved in whole or in part; (2) A filing for a proposed rate increase is disapproved in whole…

A cable operator has the burden of proving that its existing or proposed increased rates for basic cable service and associated equipment comply with applicable FCC rules. The cable operator must submit to the director either the appropriate FCC form or a cost-of-service showing …

The director may require the production of proprietary information to make a rate determination and shall apply procedures analogous to those set forth in 47 C.F.R. §0.459 regarding requests for confidentiality. Once filed with the division, the disclosure of such information is …

The director may order a cable operator to reduce its service or associated equipment rates where necessary to bring rates into compliance with applicable federal rules. Notes Haw. Code R. § 16-133-48 [Eff and comp 4/22/94] (Auth: HRS § 440G-12) (Imp: HRS § 440G-11)

The director may prescribe a reasonable rate for the basic service tier or associated equipment after determining that a proposed rate is unreasonable. Notes Haw. Code R. § 16-133-49 [Eff and comp 4/22/94] (Auth: HRS § 440G-12) (Imp: HRS § 440G-11)

(a) The director may order a cable operator to refund to subscribers that portion of previously paid rates determined to exceed applicable federal standards for service and associated equipment rates, unless the cable operator has submitted a cost-of-service showing which justifi…

In addition to the requirements of section 16-131-61, at the time of initial installation the cable operator shall provide written notice to the subscriber of the availability of the basic service tier. The notice shall include the following information: (1) That the basic servic…

(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 of proving the existence of effective competition. (b) Within fifteen days of receiving a petition for change of r…

(a) Appeals of the director's decisions on rates for the basic service tier or associated equipment involving whether or not the director has acted consistently with 47 U.S.C § 543 and 47 U.S.C § 544 or 47 C.F.R. §§76.922 and 76.923 may be made to the FCC. (b) Any participant in …

(a) The application shall be in writing and shall fully disclose the facts required to determine whether a cable franchise should be issued or transferred. Included shall be facts as to: (1) The citizenship and character of the applicant; (2) The financial, technical, and other q…

As used in this chapter: "Executive officer" means chief executive officer, chief operating officer, chief financial officer, treasurer, secretary, controller, or any other individual performing functions corresponding to those performed by the foregoing officers under whatever t…

(a) Requests to the commissioner for approval of extraordinary dividends or any other extraordinary distribution to shareholders shall include the following: (1) The amount of the proposed dividend; (2) The date established for payment of the dividend; (3) A statement as to wheth…

The factors set forth in section 431:11-106(d), HRS, are not intended to be an exhaustive list. In determining the adequacy and reasonableness of an insurer's surplus, no single factor is necessarily controlling. The commissioner shall consider the net effect of all of the factor…

(a) Forms A, B, C, D, E, and F at the end of this chapter are made a part of this chapter. The forms shall be used as guides in the preparation of the statements required by sections 431:11-104 to 431:11-104.5, 431:11-105, and 431:11-106, HRS; they are not intended as blank forms…

If the person filing cannot practically furnish any required information, document, or report at the required time, the person shall file with the commissioner a separate document: (1) Identifying the information, document, or report in question; (2) Stating why filing at the req…

The authority to invest in subsidiaries under section 431:11-103(b), HRS, is in addition to any authority to invest in subsidiaries which may be contained in any other provision of chapter 431, HRS. Notes Haw. Code R. § 16-14-4 [Eff 3/14/94] (Auth: HRS §§ 431:2-201, 431:11-109) (…

(a) A person required to file a statement pursuant to section 431:11-104, HRS, shall furnish the required information utilizing Form A and the required information on Form E described in subsections (e), (f), and (g). (b) The person filing the statement required by section 431:11…

(a) An insurer required to file an annual registration statement pursuant to section 431:11-105, HRS, shall furnish the required information utilizing Form B and Form C. (b) An amendment to Form B shall be filed within fifteen days after the end of any month in which there is a m…

(a) A disclaimer of affiliation or a request for termination of registration may be made when a person does not, or will not upon the taking of some proposed action, control another person (hereinafter referred to as "the subject"). The disclaimer shall contain the following info…

(a) An insurer required to give notice of a proposed transaction pursuant to section 431:11-106, HRS, shall furnish the required information on Form D. (b) Management agreements, service agreements, and cost sharing arrangements shall at a minimum and as applicable: (1) Identify …

The ultimate controlling person of an insurer required to file an enterprise risk report pursuant to section 431:11-105(l), HRS, shall furnish the required information on Form F. Notes Haw. Code R. § 16-14-9 [Eff 3/14/94] (Auth: HRS §§ 431:2-201, 431:11-109) (Imp: HRS § 431:11-10…

Notes Haw. Code R. § 16-16-1 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS §§ 431M-1, 431M-3, 431M-4, 431M-5) Repealed 2/4/2017

Notes Haw. Code R. § 16-16-10 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS § 431M-4) Repealed 2/4/2017

Notes Haw. Code R. § 16-16-11 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS § 431M-4) Repealed 2/4/2017

Notes Haw. Code R. § 16-16-12 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS § 431M-4) Repealed 2/4/2017

Notes Haw. Code R. § 16-16-13 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS § 431M-4) Repealed 2/4/2017

Notes Haw. Code R. § 16-16-14 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS § 431M-4) Repealed 2/4/2017

Notes Haw. Code R. § 16-16-15 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS § 431M-4) Repealed 2/4/2017

Notes Haw. Code R. § 16-16-16 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS § 431M-4) Repealed 2/4/2017

Notes Haw. Code R. § 16-16-17 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS § 431M-4) Repealed 2/4/2017

Notes Haw. Code R. § 16-16-18 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS § 431M-4) Repealed 2/4/2017

Notes Haw. Code R. § 16-16-19 [Eff 1/7/91] (Auth: HRS § 431M-6) (Imp: HRS § 431M-4) Repealed 2/4/2017