HAR §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; 131-4 §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