Section 6-80-27 - Procedures for classifying or reclassifying a service(a) The classification or reclassification of a telecommunications service as fully competitive, partially competitive, or noncompetitive may be initiated by the filing of a petition by any telecommunications carrier or the consumer advocate, or upon the commission's own motion.(b) If initiated by a petition, at a minimum, the petition must:(1) Explain and state the reasons for the proposed classification or reclassification; and(2) Include data, documents, and other evidence to support the proposed classification or reclassification. The commission may direct the petitioner, consumer advocate, or any other telecommunications carrier to provide any additional information deemed relevant by the commission.
(c) Upon review and investigation, the commission may:(1) Reject the petition as incomplete; or(2) Deny or approve the proposed classification or reclassification, in whole or in part, with or without a hearing.(d) In any classification or reclassification proceeding, the commission may order or direct the intervention or participation of any telecommunications carrier or any other person it deems appropriate; provided that the consumer advocate is a party to the proceeding as a matter of course.(e) In a classification or reclassification proceeding initiated by a petition, the petitioner bears the burden of demonstrating that the proposed classification or reclassification is appropriate.[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-34 to 43)