HAR Chapter 131 Hawaii Cable Communications Systems

HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 131
HAWAII CABLE COMMUNICATIONS SYSTEMS
Subchapter 1 General Provisions
§16-131-1 	Definitions
Subchapter 2 Application for Service
§16-131-2 	Application or service order
§16-131-3 	Cancellation of application by applicant
§16-131-4 	Cancellation of application by the cable operator
§16-131-5 	Credit
Subchapter 3 Service Connection Facilities and Special Service Facilities
§16-131-6 	General
§16-131-7 	Service drops
§16-131-8 	Repealed
§16-131-9 	Special services facilities
§16-131-10 	Interior wiring
§16-131-11 	Ownership of subscriber contributed facilities
§16-131-12 	Connection with certain subscriber-owned facilities
Subchapter 4 System Faults - Interruptions
§16-131-13 	Reporting signal failure
§16-131-14 	Minor system faults
§16-131-15 	Major system faults
§16-131-16 	Credit for service interruptions
131-1

Subchapter 5 Discontinuance of Service
§16-131-17 	Non-payment of bills
§16-131-18 	Non-payment of bills at different location
§16-131-19 	Noncompliance with rules or conditions
§16-131-20 	False or misleading information
§16-131-21 	Protection of service
Subchapter 6 Bills and Payment for Service
§16-131-22 	Billing period
§16-131-23 	Prorating of charges
§16-131-24 	Dispute between cable operator and subscriber
Subchapter 7 Tariffs
§16-131-25 	Tariff filings
§16-131-26 	Availability of tariffs to subscribers and the public
§16-131-27 	Tariff format
§16-131-28 	Maximum rates and charges
Subchapter 8
§16-131-29 	Repealed
Subchapter 9 Channel Capacity
§16-131-30 	Minimum channel capacity
§16-131-31 	Two-way communications
§16-131-32 	Public access channel
§16-131-33 	Education access channel
§16-131-34 	Government access channel
§16-131-35 	Leased access channels
§16-131-36 	Expansion of access channel capacity
§16-131-37 	Program content control
Subchapter 10 Plant
§16-131-38 	Headend location
§16-131-39 	Cable routing
131-2

§16-131-39.4 	Compliance with rules
Subchapter 11 Technical Standards
§16-131-40 	General
Subchapter 12 System Tests
§16-131-41 	Request tests
§16-131-42 	Test records
Subchapter 13 Cable Operator Reports
§16-131-43 	Report on ownership
§16-131-44 	Report on financial condition
§16-131-45 	Report on construction
§16-131-46 	Report on complaints
§16-131-47 	Report on testing
§16-131-48 	Report on production and programming activities
§16-131-49 	Report on interruptions
§16-131-50 	Quarterly report
Subchapter 14 Subscriber Service Standards
§16-131-56 to §16-131-58 (Reserved)
§16-131-59 	Repairs and maintenance
§16-131-60 	Appointments
§16-131-61 	Information to subscribers
§16-131-62 	Notice to subscribers
Subchapter 15 Penalties
§16-131-68 	Penalties
Subchapter 16 Access Organizations
§16-131-70 	Designation and selection of access organizations
131-3

§16-131-1
Subchapter 17 Severability
§16-131-73 	Severability
Historical 	Note: 	Chapter 	131 	of 	Title 	16, 	Administrative 	Rules, 	is 	based
substantially 	upon 	Chapter 	2 	of 	Title 	VIII, 	the 	Cable 	Television 	Division,
Department of Regulatory Agencies, entitled, "Rules and Regulations Governing
Service and Operations of Companies Providing Cable Television Services Within
the State of Hawaii." [Eff 11/15/71; R 6/22/81]
SUBCHAPTER 1
GENERAL PROVISIONS
§16-131-1 Definitions. As used in this chapter:
"Cable franchise" means a nonexclusive initial authorization or renewal
thereof issued pursuant to chapter 440G, Hawaii Revised Statutes, whether the
authorization is designated as a franchise, permit, order, contract, agreement, or
otherwise, which authorizes the construction or operation of a cable system.
"Cable operator" means any person or group of persons:
(1) 	Who provides cable service over a cable system and directly or
through one or more affiliates owns a significant interest in the cable
system; or
(2) 	Who 	otherwise 	controls 	or 	is 	responsible 	for, 	through 	any
arrangement, the management and operation of a cable system.
"Cable or wire" means cable, wire, fiber optics, microwave, or other
facilities utilized in extending wide spectrum cable services.
"Cable service" means:
(1) 	The one-way transmission to subscribers of video programming or
other programming service; and
(2) 	Subscriber-cable system interaction required for the selection of
video programming or other programming service.
"Cable system" means any facility within the State consisting of a set of
closed transmission paths and associated signal generation, reception, and control
equipment 	that 	is 	designated 	to 	provide 	cable 	service 	which 	includes 	video
programming and which is provided to multiple subscribers within a community,
but does not include:
(1) 	A facility that serves only to retransmit the television signals of one
or more television broadcast stations;
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§16-131-1
(2) 	A facility that serves only subscribers in one or more multiple unit
dwellings 	under 	common 	ownership, 	control, 	or 	management,
unless that facility or facilities uses any public right-of-way; or
(3) 	A facility of a public utility subject in whole or in part to the
provisions of chapter 269, HRS except to the extent that those
facilities provide video programming directly to subscribers.
"Capital contribution by a cable operator" means contributions made by the
cable operator to finance construction of line extensions.
"Date of presentation" means the date upon which a bill or notice is mailed,
properly addressed to the subscriber, or if not mailed, the date upon which that bill
or notice is delivered to the subscriber.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs of the
State of Hawaii or the director's representative.
"Facility" 	includes 	all 	real 	property, 	and 	antenna, 	poles, 	supporting
structures, wires, cables, conduits, amplifiers, instruments, appliances, fixtures,
and other personal property used by a cable operator in providing service to its
subscribers.
"Feeder cable" means any coaxial cable that transfers signals from the trunk
line to the service area. The subscriber taps are attached to the feeder cable.
"Headend" means the control center of the cable system, where incoming
signals are amplified, converted, processed, and combined into a common cable for
transmission 	to 	subscribers. 	The 	headend 	includes 	antennas, 	preamplifiers,
frequency converters, demodulators, modulators, processors, and other related
equipment.
"Headend facilities" means all equipment and property used by a cable
operator 	to 	receive, 	process, 	originate, 	or 	retransmit 	signals 	into 	its 	cable
distribution network.
"Installation charge" means a nonrecurring charge for the installation of
cable facilities.
"Line extension" means any extension of a trunk or feeder cable over public
rights-of way.
"Major systems fault" means an interruption of cable communications
services to fifty or more individual subscribers.
"Minor systems fault" means an interruption of cable communications
services due to failure of the distribution system of one or more broadcast or
satellite channels to less than fifty individual subscribers.
"Move 	and 	change 	charges" 	means 	nonrecurring 	charges 	made 	in
connection with changes in location or type of facilities on a subscriber's premises
at the request of the subscriber, where there is no interruption of service, other than
131-5

§16-131-1
that incident to the work involved, and where the changes are not required for the
proper maintenance of the equipment or service.
"Person" 	means 	an 	individual, 	partnership, 	association, 	joint 	stock
company, trust, corporation, or governmental agency.
"Reconnection 	charge" 	means 	a 	nonrecurring 	charge 	made 	to 	cover
expenses incident to the re-establishment and re-connection of service with the
cable system when cable or wire facilities, or both, are in place on the subscriber's
premises.
"Service area" means the geographic area for which a cable operator has
been issued a cable franchise.
"Service drop" means any cable from the subscriber tap to each subscriber
terminal that extends over private property.
"Special service facility" means all nonstandard installations on private
property performed by the cable operator at the request of the subscriber. 	These
shall include but not be limited to trenching and the installation of ducts or molding
not normally required by state or federal law.
"Subscriber" means the person to whom service is furnished as evidenced
by the signature on the application or contract for that service, or in the absence of
a signed instrument, by the receipt and payment of bills regularly issued in the
subscriber's name regardless of identity of the actual user of the service.
"Subscriber contribution-in-aid-of-construction" means amounts paid by
subscribers to the cable operators to pay for construction of line extensions or
service drops.
"Subscriber terminal" means the point of interfacing the cable system's
facilities with the subscriber's equipment.
"Tariffs" mean the entire body of effective rates, charges, classifications,
and rules which has been adopted by the cable operator and approved by the
director.
"Termination agreement" means an agreement between the cable operator
and a subscriber to guarantee recovery of the cable operator's nonrecurring costs
for specialized installation over a specified period.
"Trenching costs" includes costs of excavating, backfilling, compaction,
breaking and repair of pavement and, if necessary, the restoration of landscaping
which exceed the established cost to provide a service connection through aerial
installation.
"Trunk" means the main distribution lines leading from the headend of the
cable system to the feeder cable. 	[Eff 6/22/81; am and comp 7/28/88; am and
comp 12/23/91; comp 12/3/08] (Auth: HRS §440G-12) (Imp: HRS §440G-12)
131-6

§16-131-4
SUBCHAPTER 2
APPLICATION FOR SERVICE
§16-131-2 Application or service order. Any service order is a request for
service but does not bind the cable operator to furnish the service except as set
forth in the tariffs; nor does it bind the applicant to take service. [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)
§16-131-3 	Cancellation 	of 	application 	by 	applicant. 	Service 	orders
cancelled by the applicant or by the cable operator prior to the establishment of the
applied for service are subject to the following conditions:
(1) 	If cancellation by the applicant is prior to the start of installation of
the cable operator's facilities on the applicant's premises, no charge
applies. 	However, if the cable operator has incurred an expense,
the applicant may be charged an amount equal to the costs incurred
in the installation prior to the date of cancellation, less estimated net
salvage; or
(2) 	If cancellation by the applicant is subsequent to the start of the
installation 	of 	the 	cable 	operator's facilities on the applicant's
premises but before the facilities are connected for service, the
applicant may then be billed for all charges for facilities actually
installed prior to the date of cancellation, less estimated salvage.
[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)
§16-131-4 	Cancellation of application by the cable operator. 	If the
applicant refuses to comply with the requirements set forth in the company's tariffs
prior to the establishment of service, the cable operator may cancel the application.
In such a case, the cable operator shall send a notice to the applicant setting forth
the basis for cancellation, together with a refund of all amounts collected from the
applicant. 	[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)
131-7

§16-131-5
§16-131-5 	Credit. 	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 	as 	socio-economic 	and 	place 	of 	residence
distinctions;
(2) 	Inform all applicants for service who shall be required to place a
deposit with the cable operator of the basis for the requirement;
(3) 	Afford applicants for service and subscribers the right to examine
their credit records and all other documents utilized in evaluating the
applicant's credit reliability and make corrections of misinformation
utilized or contained therein;
(4) 	Protect the confidentiality of applications and credit records of
subscribers and applicants for service;
(5) 	Require as a credit deposit no more than a sum equivalent to a
month's charge for cable communications service; and
(6) 	Refund all of a subscriber's deposit for basic cable services within
one year of the date of deposit, provided that the subscriber has
demonstrated a satisfactory payment record. 	[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)
SUBCHAPTER 3
SERVICE CONNECTION FACILITIES AND
SPECIAL SERVICE FACILITIES
§16-131-6 General. 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. [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)
§16-131-7 	Service drops. 	(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.
131-8

§16-131-12
(b) 	If the applicant requests a service drop longer than two hundred
feet, it may be treated as a special service facility and handled under section
16-131-9. 	[Eff 6/22/81; am and comp 7/28/88; am and comp 12/23/91; comp
12/3/08] (Auth: HRS §440G-12) (Imp: HRS §440G-12)
§16-131-8 [R 12/23/91]
§16-131-9 	Special services facilities. 	(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 not charge an amount in excess of actual
cost. [Eff 6/22/81; am and comp 7/28/88; am and comp 12/23/91; comp 12/3/08]
(Auth: HRS §440G-12) (Imp: HRS §440G-12)
§16-131-10 Interior wiring. All interior wiring in a single-family dwelling
and multiple-dwelling buildings necessary to provide cable service, including all
cable outlets, shall be installed and maintained by the operator, except as allowed in
section 16-131-12 and applicable tariffs. 	[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)
§16-131-11 	Ownership of subscriber contributed facilities. 	In all cases
where the subscriber has, through installation and other charges, underwritten the
cost of materials and supplies necessary for the connection of subscriber equipment
to 	the 	distribution 	lines 	of 	the 	cable 	system, these materials, supplies, and
connections shall be deemed to be owned by the subscriber. The cable operator, as
a service included within the monthly service charge, shall be responsible for the
maintenance of the subscriber-owned facilities. 	[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)
§16-131-12 	Connection with certain subscriber-owned facilities. 	Cable or
wire facilities owned by the subscriber and meeting all federal and state cable
technical standards, in particular radiation and system isolation, may be connected
131-9

§16-131-12
with the facilities of the cable operator when otherwise provided for in this chapter
or in the cable operator's tariffs on file with the director.
The facilities of the subscriber shall be so constructed, maintained, and
operated as to be capable of functioning as a part of the system without adversely
affecting service provided to other subscribers. 	[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)
SUBCHAPTER 4
SYSTEM FAULTS - INTERRUPTIONS
§16-131-13 	Reporting signal failure. 	Any signal failure resulting in
diminution in signal quality shall be reported to the cable operator. 	[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)
§16-131-14 	Minor system faults. 	Minor system faults shall be corrected
within eight hours from the time first reported to the cable operator. [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)
§16-131-15 	Major system faults. 	In the case of major system faults,
corrective action shall be taken to restore service immediately. 	Major system
faults shall be reported to the director. [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)
§16-131-16 	Credit for service interruptions. 	In the event the subscriber's
service is interrupted other than by the negligence or willful act of the subscriber
and remains out of order for twenty-four hours or longer after being reported to be
out of order, appropriate adjustments or refunds shall be made to the subscriber.
In the event the subscriber's service is interrupted by natural or other disaster
beyond the control of the cable operator adjustments or refunds shall be made to
subscribers affected, if service is not restored within seventy-two hours. The
amount of adjustment or refund shall be determined on the basis of the known
131-10

§16-131-20
period of interruption, generally beginning from the time the service interruption is
first reported. The refund to the subscriber shall be the pro rata part of the month's
charge for the period of days that service was interrupted. 	The refund may be
accomplished by a credit on a subsequent bill for cable services. [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)
SUBCHAPTER 5
DISCONTINUANCE OF SERVICE
§16-131-17 	Non-payment of bills. 	Service to a subscriber may be
discontinued for the non-payment of a bill if the bill has not been paid within thirty
days after presentation, provided that the cable operator thereafter gives the
subscriber at least ten days actual notice. 	[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)
§16-131-18 Non-payment of bills at different location. Service furnished a
subscriber may be refused or discontinued by the cable operator for non-payment
of a bill for cable services furnished to the same subscriber at another location.
[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)
§16-131-19 	Noncompliance with rules or conditions. 	Except as otherwise
set forth in this chapter, the services of a subscriber may be discontinued for
noncompliance with any rule or condition under which the service is furnished,
provided ten days actual notice is given advising the subscriber of the particular
rule or condition which has been violated and with respect to which, service may
be discontinued if the violation is not corrected. 	[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)
§16-131-20 	False or misleading information. 	The cable operator has the
right to refuse service and to discontinue service if the cable operator finds that an
applicant or subscriber has furnished false or misleading information in obtaining
131-11

§16-131-20
service or credit. 	[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)
§16-131-21 	Protection of service. 	The cable operator has the right to
refuse service or to discontinue service when the intended or actual use of the
service will adversely affect other subscribers. 	[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)
SUBCHAPTER 6
BILLS AND PAYMENT FOR SERVICE
§16-131-22 Billing period. Bills for service shall be rendered at one month
intervals. Bills may be rendered at other intervals with the approval of the director.
[Eff 	6/22/81; 	comp 	7/28/88; 	comp 	12/23/91; 	comp 	12/3/08] 	(Auth: 	HRS
§440G-12) (Imp: HRS §440G-12)
§16-131-23 	Prorating of charges. 	Service charges for less than a billing
month shall be a proration of the regular monthly rate. [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)
§16-131-24 Dispute between cable operator and subscriber. In the event of
a dispute between a subscriber and the cable operator respecting any bill, charge,
or service, the cable operator shall immediately make an investigation and report
the result thereof to the subscriber. In the event the matter cannot be satisfactorily
adjusted, the subscriber may request an investigation and determination from the
director. 	[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)
131-12

§16-131-27
SUBCHAPTER 7
TARIFFS
§16-131-25 Tariff filings. (a) Tariff filings shall be in accordance with the
following:
(1) 	All rules and rate schedules shall be filed in loose leaf form on size
8-1/2 x 11 inch sheets. 	Each sheet shall be plainly typewritten,
printed, or otherwise reproduced by a durable process on paper of
good quality. 	No written alteration or erasure shall be made in any
rule or rate schedule;
(2) 	Each sheet shall be individually identified, by the schedule number,
as required in section 16-131-27, page numbered, and shall state the
effective date in the upper right-hand corner; and
(3) 	An original of all rules and rate schedules shall be filed with the
director.
(b) 	The tariff shall be amended and filed with the director when the
cable operator informs the director of changes made by the cable operator.
(c) 	When the cable operator is unable to provide the director with the
changes at the time it informs the director of changes, the cable operator shall state
the circumstances for the delay and when the information will be forthcoming. [Eff
6/22/81; am and comp 7/28/88; am and comp 12/23/91; comp 12/3/08] (Auth:
HRS §440G-12) (Imp: HRS §440G-12)
§16-131-26 Availability of tariffs to subscribers and the public. The cable
operator shall maintain on file at each of its offices, all of the cable operator's rules
and rate schedules applicable to the service area. All rules and rate schedules shall
be available for public inspection at all reasonable times. 	[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)
§16-131-27 Tariff format. All tariffs filed with the director shall utilize the
following format:
Schedule No.
TABLE OF CONTENTS 	A
PRELIMINARY STATEMENT 	B
CONDITIONS OF SERVICE 	C
131-13

§16-131-27
RATES AND CHARGES 	D
LINE EXTENSION POLICY 	E
AREAS SERVED 	F
(b) 	The preliminary statement section shall include a description of the
cable operator, a general description of the services offered, and the definition of
terms or symbols used in the tariff.
(c) 	The conditions of service section shall describe the terms and
conditions under which cable service is provided to subscribers, including policies
which affect subscriber service, including:
(1) 	The 	information 	provided 	to 	subscribers 	described 	in 	section
16-131-61;
(2) 	The policies and procedures of service:
(A) 	Office 	hours, 	telephone 	numbers, 	mailing 	and 	street
addresses;
(B) 	Installation and disconnection of service;
(C) 	Maintenance and repairs; and
(D) 	Other policies and procedures affecting subscribers.
(d) 	The rates and charges section shall include a list of all rates and
charges for all cable services provided including all tiers of service, and premium
and pay services, reconnection of service, transfer of service, relocation of outlet or
outlets, change of service, and a list of all programming service channels.
(e) 	The director may require a cable operator to file its tariff upon
request and in a different form. [Eff 6/22/81; am and comp 7/28/88; am and comp
12/23/91; comp 12/3/08] (Auth: 	HRS §440G-12) (Imp: 	HRS §§440G-11,
440G-12)
§16-131-28 Maximum rates and charges. The rates, charges, and terms of
service submitted and approved by the director to the extent permissible under law,
shall be maximum rates and terms which may be charged for cable communications
service. 	The cable operators may offer nondiscriminatory lower rates. 	[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)
SUBCHAPTER 8
§16-131-29 [R 12/23/91]
131-14

§16-131-35
131-15
SUBCHAPTER 9
CHANNEL CAPACITY
§16-131-30 Minimum channel capacity. Each cable operator shall have at
least 120 MHz of usable bandwidth (the equivalent of twenty television broadcast
channels) available for immediate use for the totality of cable services to be offered.
[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)
§16-131-31 Two-way communications. Each cable operator shall maintain
a plant having technical capacity to retrofit for nonvoice return communications.
[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)
§16-131-32 	Public access channel. 	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 necessary for
the production of programming for such a channel. 	[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)
§16-131-33 	Education access channel. 	Each cable operator shall maintain
at least one specially designated channel for use by state and local educational
authorities and institutions. 	[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)
§16-131-34 	Government access channel. 	Each cable operator shall
maintain at least one specially designated channel for government use. 	[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)
§16-131-35 	Leased access channels. 	Each cable operator shall offer
unused portions of its bandwidth for leased access services to the extent permitted

§16-131-35
under federal law. 	[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)
§16-131-36 	Expansion of access channel capacity. 	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 new channel available for any or all of the purposes
described in sections 16-131-32 to 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)
§16-131-37 	Program content control. 	No cable operator shall exercise
control over program content on any of the channels described in sections
16-131-32 to 16-131-36. 	[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)
SUBCHAPTER 10
PLANT
§16-131-38 	Headend location. 	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 may be
permitted to utilize the same headend facilities. 	[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)
§16-131-39 	Cable routing. 	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 furnish cable
service to two non-contiguous service areas being served by the same cable
operator. 	The routing shall be approved by the director. 	[Eff 6/22/81; am and
131-16

§16-131-40
comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS §440G-12) (Imp: HRS
§440G-12)
§16-131-39.4 	Compliance with rules. 	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
maintenance of said cable system. [Eff and comp 12/23/91; comp 12/3/08] (Auth:
HRS §440G-12) (Imp: HRS §§440G-8.2, 440G-12)
SUBCHAPTER 11
TECHNICAL STANDARDS
§16-131-40 	General. 	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
converter in order to facilitate delivery of cable television channels,
the frequency of the visual carrier at the output of each converter
shall be maintained at 1.25 MHz + 250 KHz above the lower
frequency boundary of the cable television channel;
(2) 	The frequency of the aural carrier shall be 4.5 MHz + 1 KHz
above the frequency of the visual carrier;
(3) 	The visual signal level at the picture frequency for each desired
television channel shall be at least 0 dBmv (1,000 microvolts
referred to 75 ohms), except when overload occurs at which time
attenuation may be used to provide acceptable picture quality, and
shall be maintained within:
(A) 	3 dB of the visual signal on either adjacent cable television
channel (except for secured channels); and
(B) 	10 dB of the visual signal level on any other cable television
channel (except for secured channels);
(4) 	The voltage of the aural signal shall be maintained between 14 and
18 dB below its associated visual signal level;
131-17

§16-131-40
(5) 	The 	peak-to-peak 	variation 	in 	visual 	signal 	level 	caused 	by
undesired low frequency disturbances (hum or repetitive transients)
generated 	within 	the 	system, 	or 	by 	inadequate 	low 	frequency
response, shall not exceed five per cent of the visual signal level;
(6) 	The frequency response for any single channel shall be within a
range of + 2 dB (except for secured channels);
(7) 	The ratio of visual signal level to system noise shall not be less than
40 dB;
(8) 	The cross modulation ratio on any channel shall not be less than
+46 dB nor shall there be any visible cross modulation products
produced on any channel carried by the cable system;
(9) 	The terminal isolation between 50 MHz and 300 MHz provided for
each subscriber shall not be less than 25 dB except that the isolation
between separate television and FM broadcast terminals for the
same subscriber shall not be less than 15 dB. In the case of multiple
sets operating from a single drop, the isolation factor shall be 18
dB;
(10) 	The spurious electromagnetic radiation shall fall within the limits
prescribed 	by 	the 	Federal 	Communications 	Commission 	in 	47
C.F.R. section 76.605(11) (1989) which is made a part of this
chapter;
(11) 	The system shall be designed for continuous operation;
(12) 	The 	system 	shall 	be 	designed 	to 	operate 	within 	performance
standards though the supply voltage may range from 105 to 130
volts;
(13) 	The 	system 	shall 	be 	designed 	to 	transmit 	National 	Television
Systems Committee monochrome and color signals over the system
operating frequencies; and
(14) 	The system shall be designed to have system level maintenance in
both headend equipment and in main trunk or trunks. [Eff 6/22/81;
am and comp 7/28/88; am and comp 12/23/91; comp 12/3/08]
(Auth: HRS §440G-12) (Imp: HRS §440G-12)
131-18

§16-131-43
SUBCHAPTER 12
SYSTEM TESTS
§16-131-41 	Request tests. 	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 shall be made at the
subscriber's cable terminal to measure the quality of cable signal at that point. 	In
the case of multiple dwelling units such 	as apartments where the signal is
distributed on a bulk basis utilizing a distribution system which does not belong to
the cable operator, the test shall be made at the input point where the cable signal
interfaces with the distribution system in the building or buildings. 	If the
distribution system within the building or buildings is furnished by the cable
operator, then the test shall be made at the subscriber's terminal just the same as in
the case of single-family dwellings. 	[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)
§16-131-42 	Test records. 	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 tests of each
cable equipment shall be maintained for at least two years. 	[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)
SUBCHAPTER 13
CABLE OPERATOR REPORTS
§16-131-43 	Report on ownership. 	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
shall also list its interest and the amount thereof in any other corporation,
partnership, or business. [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)
131-19

§16-131-44
§16-131-44 Report on financial condition. 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
include at minimum a balance sheet, a statement of income and equity, and a
statement of changes in financial position and further, each such statement shall
contain appropriate notes. Audited statements shall be required:
(1) 	During 	the 	first 	three 	years 	of 	operation 	following 	the 	initial
issuance or transfer of a cable franchise;
(2) 	If there have been any material changes in the financial condition,
operations, or control and management of the operator;
(3) 	If the director determines that continued quality cable operations
may be in jeopardy; or
(4) 	In 	connection 	with 	an 	application 	for 	transfer, 	renewal, 	or
modification of a cable franchise. 	[Eff 6/22/81; am 12/7/87; am
and comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: 	HRS
§440G-12) (Imp: HRS §440G-12)
§16-131-45 Report on construction. 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 calendar
year. [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)
§16-131-46 Report on complaints. 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. 	[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)
§16-131-47 	Report on testing. 	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. 	[Eff 6/22/81; am and comp 7/28/88; comp
131-20

§16-131-50
12/23/91; comp 12/3/08] (Auth: HRS §440G-12) (Imp: HRS §440G-12)
§16-131-48 	Report on production and programming activities. 	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 January 1;
(3) 	All access channel utilization for the preceding year; and
(4) 	Anticipated use of access channels for the year beginning on
January 1. 	[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)
§16-131-49 Report on interruptions. 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. 	[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)
§16-131-50 	Quarterly report. 	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 preceding
quarterly period on the following subjects:
(1) 	Subscriber activity;
(2) 	Revenues, expenses, assets, liabilities, and equity accounts;
(3) 	Cable operator personnel;
(4) 	Services/programming provided by the cable operator;
(5) 	Quality of service of the cable system;
(6) 	Report of service interruptions;
(7) 	System testing; and
(8) 	Construction activity.
[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)
131-21

§16-131-50
SUBCHAPTER 14
SUBSCRIBER SERVICE STANDARDS
§16-131-56 to §16-131-58 (Reserved)
§16-131-59 	Repairs and maintenance. 	(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 (excluding weekends and holidays)
after a subscriber request for repair or maintenance has been acknowledged or
scheduled.
(c) 	If the cable operator anticipates taking longer than forty-eight hours
to complete the repair or maintenance service due to a system problem, the cable
operator shall submit a written notice to the director stating the circumstance of the
problem and when the cable operator expects the service in subsection (b) will be
restored. 	[Eff and comp 12/23/91; comp 12/3/08] (Auth: 	HRS §440G-12) (Imp:
HRS §440G-12)
§16-131-60 	Appointments. 	(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 the cable operator cannot make a scheduled
appointment, the cable operator shall make a reasonable effort to notify the
subscriber in a timely manner. 	[Eff and comp 12/23/91; comp 12/3/08] (Auth:
HRS §440G-12) (Imp: HRS §440G-12)
§16-131-61 	Information 	to 	subscribers. 	(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:
131-22

§16-131-62
(1) 	The address and telephone number of the cable operator's local
business office to which subscriber complaints or inquiries may be
reported;
(2) 	The procedure for resolving billing problems or complaints; and
(3) 	The address and telephone number of the State cable television
division with a notice stating that the division is the State agency to
call regarding unresolved complaints between subscriber and cable
operator.
(c) 	At least once a year thereafter, the cable operator shall provide
notice to each subscriber that the following information is available upon request:
(1) 	The fees, charges, deposits, billing practices, and other associated
terms and conditions related to cable services;
(2) 	The description and cost of equipment or facilities available or being
distributed in the service area that the subscriber may elect to
receive or use;
(3) 	The procedures by which the subscriber will be notified of changes
in fees, charges, deposits, billing practices, programming, or in
other associated areas and conditions related to cable service;
(4) 	A clear, simple statement of billing rights and appeal procedures
available to a subscriber;
(5) 	The cable operator's procedures for the receipt and resolution of
subscriber complaints or inquiries; and
(6) 	Any other information the director deems necessary. [Eff and comp
12/23/91; comp 12/3/08] (Auth: 	HRS §440G-12) (Imp: HRS
§440G-12)
§16-131-62 	Notice to subscribers. 	(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 notice;
(2) 	Increasing the fees and charges, or changing billing practices; or
(3) 	Changing 	the 	program 	offerings 	when 	the 	suppliers 	of 	cable
programming provide adequate notice to the cable operator.
(b) 	When the thirty-day notice of interruption in cable services or
changes in program offerings cannot be given, the cable operator shall provide as
much prior notice as the circumstances will allow. [Eff and comp 12/23/91; comp
12/3/08] (Auth: HRS §440G-12) (Imp: HRS §440G-12)
131-23

§16-131-68
SUBCHAPTER 15
PENALTIES
§16-131-68 	Penalties. 	(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
violation.
(b) 	If the director has provided a cable operator with written notice of a
potential violation, each day's continuance of an apparent violation may be deemed
a separate violation. Nothing in this subsection shall limit the aggregate amount of
the fine imposed on any cable operator as a result of any violation that continues
subsequent to notice of a potential violation.
(c) 	A violation that concurrently affects more than one subscriber of a
cable system shall be deemed an event which constitutes a single violation.
Subsection (b) shall apply to violations under this subsection.
(d) 	Written notice of a potential violation shall be provided to a cable
operator by hand delivery or by registered mail, return receipt requested. [Eff and
comp 12/23/91; comp 12/3/08] (Auth: 	HRS §§440G-9, 440G-12) (Imp: HRS
§440G-9)
SUBCHAPTER 16
ACCESS ORGANIZATIONS
§16-131-70 	Designation and selection of access organizations. 	(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, management, production, or
broadcasting of programs on PEG channels obtained under chapter 440G, HRS.
(c) 	When 	designating 	and 	selecting 	an 	access 	organization, 	the
director shall, at a minimum, consider the following factors or criteria:
(1) 	The management and technical experience of the organization,
and its existing or proposed staff;
(2) 	The 	broadcast 	or 	cablecast 	media 	and 	telecommunications
experience of the organization and its existing or proposed staff;
131-24

§16-131-73
(3) 	The ability of the organization, and its existing or proposed staff,
to provide the PEG access services requested by the director;
(4) 	The 	organization's 	short-term 	and 	long-term 	plans 	for 	PEG
access services for a designated franchise area;
(5) 	The financial capability of the organization;
(6) 	The amount of funding required by the organization to provide
the PEG access services requested by the director;
(7) 	The ability of the organization to provide reports, audits, and
other information to the director;
(8) 	Whether the organization agrees to expand the marketplace of
ideas, and is committed to allowing members of the public to
express their First Amendment free speech rights;
(9) 	The organization's prior dealings and relationships with the State,
if any;
(10) 	The organization's references;
(11) 	Other additional services, if any, the organization proposes to
provide to the State and the public, and
(12) 	Other factors or criteria deemed applicable or necessary by the
director.
(d) 	The relative weights of the factors or criteria considered by the
director under subsection (c) shall be specified in any applicable request for
proposals or invitation for bids issued under chapter 103D, HRS. 	[Eff 12/3/08]
(Auth: HRS §§440G-3, 440G-12) (Imp: HRS §§440G-3, 440G-12)
SUBCHAPTER 17
SEVERABILITY
§16-131-73 	Severability. 	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 affect the validity of the remaining portions thereof. 	[Eff and comp
12/23/91; comp 12/3/08] (Auth: HRS §440G-12) (Imp: HRS §440G-12)
131-25

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendments to and compilation of chapter 16-131, Hawaii Administrative
Rules, on the Summary page dated November 10, 2008, were adopted on
November 10, 2008, following public hearings held on September 30, 2008,
October 1, 2008, October 2, 2008, October 6, 2008, October 7, 2008, and October
8, 2008, after public notices were given in the Honolulu Star-Bulletin, The Garden
Island, Hawaii Tribune-Herald, West Hawaii Today, and The Maui News on
August 29, 2008.
These amendments shall take effect ten days after filing with the Office of
the Lieutenant Governor.
/s/ Lawrence M. Reifurth
LAWRENCE M. REIFURTH
Director of Commerce and Consumer Affairs
APPROVED AS TO FORM: 	Date 11/12/08
/s/ Rodney J. Tam
Deputy Attorney General
APPROVED: 	Date 11/24/08
/s/ Linda Lingle
LINDA LINGLE
Governor
State of Hawaii
November 24, 2008
Filed
131-27

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendment and Compilation of Chapter 16-131
Hawaii Administrative Rules
November 10, 2008
Summary
1. 	Subchapter 16 (§16-131-73) is renumbered to subchapter 17.
2. 	A new subchapter 16 (§16-131-70) is added.
3. 	Chapter 131 is compiled.
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Effective 1208