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Local Services Requirements
Regulatory and Hawaiian Telcom requirements define what information is needed to do business with Hawaiian Telcom. Learn more about these requirements and industry codes by accessing the selections below.
Regulatory
- State
Pubilc Utilities Commission (PUC) approval is required from the state utility commission in the state you want to do business. This approval will include a Certificate of Operating Authority. A contact number for your state Commission can be found in the local telephone directory or via the NARUC. - Federal
The Federal Communications Commission (FCC) may impose various requirements on CLECs with regard to enforcement of the Telecommunications Act (Communications Act of 1934 as amended by the Telecommunications Act of 1996). Review the Federal tariffs to understand the Regulations, Rates and Charges.
See Hawaiian Telcom Tariffs for State and Federal Tariff information.
Hawaiian Telcom
- Negotiating an Agreement
- Step 1: Formal Request
The CLEC sends a written request either via letter, fax or email asking for the initiation of negotiations under the Telecommunications Act of 1996 to:
- Manager - Contract Management
Wholesale Markets
Hawaiian Telcom
1177 Bishop St.
Honolulu, HI 96813
- Step 2: Acknowledgement of Request
Upon receipt of the CLEC's request, Hawaiian Telcom sends a response to the CLEC which:
- Confirms receipt of the request letter
- Establishes start date of request
- Requests completion of an information request form (IRF), which identifies basic CLEC information. The IRF accompanies the response.
- Provides the CLEC with a model interconnection agreement and/or model resale agreement to review.
- Step 3: Negotiations
After transmission of Hawaiian Telcom's response to the CLEC, Hawaiian Telcom will proceed, upon request by the CLEC, with negotiation of the terms and conditions of an interconnection and/or resale agreement. This process begins when the CLEC provides written comments regarding the model agreement or a redline of the model agreement. Conference calls will be scheduled, as needed, to conduct the negotiation.
- Step 4: Interconnection/Resale Agreement
The desired outcome of the negotiation process is a mutually agreed upon interconnection or resale agreement outlining specific terms, conditions and prices.
- Step 5: Arbitration
Within a window of 135 to 160 days after the CLEC's formal request for negotiation is received by Hawaiian Telcom, either party may request the applicable state regulatory commission arbitrate issues that have not been resolved by the parties.
- Step 6: Filing the Agreement
A fully executed agreement will be submitted for approval to the applicable state commission. The respective state commission will approve or reject the agreement with written findings as to deficiencies.
In order to facilitate filing of the agreement and to provide service to a CLEC, Hawaiian Telcom requires evidence of the CLEC's state certification as a provider of local exchange service. You will be asked include your certificate/order/case number of authorization and the state commission approval date granting the authorization at the time of contract execution, so please take steps to seek your state certification early in the negotiation process. Please be advised that if your certification is not complete, Hawaiian Telcom may elect to not execute the agreement and make it effective until your certification has been approved by the applicable state commission.
- Account Security Requirements
- Assurance of Payment Requirements
Except as may otherwise be provided in Hawaiian Telcom's interconnection or resale agreement with a CLEC (which term, as used herein, for the avoidance of any doubt includes, without limitation, both facilities based CLECs and resellers), Hawaiian Telcom may require the CLEC to provide to Hawaiian Telcom appropriate assurance of payment (as set forth herein) for services that Hawaiian Telcom is to render to the CLEC.
- Summary of Requirements
Any CLEC Hawaiian Telcom does not consider creditworthy is required to provide adequate assurance of payment to Hawaiian Telcom, as set forth herein, and Hawaian Telcom will not provide service to a CLEC unless and, until, the CLEC has paid all outstanding amounts owed to Hawaiian Telcom and, if applicable, Hawaiian Telcom has received appropriate assurance of payment from the CLEC.
- CLEC Credit Information
A CLEC must provide appropriate credit information to Hawaiian Telcom to facilitate Hawaiian Telcom’s review of the CLEC’s creditworthiness. Such information includes, but is not necessarily limited to, the following:
- Governmental authorization(s) the CLEC has obtained to provide local exchange service in the State of Hawaii
- Certification as to the CLEC’s form of business organization (e.g., corporation, partnership, sole proprietorship, etc.).
- Certification as to the CLEC’s primary business addresses.
- Certification as to the CLEC’s directors (if applicable) and primary officers (e.g., president, chief executive officer, chief operating officer, general counsel, etc.), with a biography for each such individual.
- Certification as to whether any of the CLEC’s directors or officers has been charged with civil or criminal fraud (or any related or similar offenses).
- Copies of recent Dun & Bradstreet (or other financial) reports for the CLEC.
- A listing of other services the CLEC has purchased (or is purchasing) from Hawaiian Telcom.
- Such information should be sent to the following address:
- Wholesale Markets Account Manager
Hawaiian Telcom Inc.
1177 Bishop St.
Honolulu, HI. 96813
- Determination of Creditworthiness
As a general matter, any CLEC with a satisfactory credit history as a Hawaiian Telcom carrier customer is considered creditworthy. A credit history evaluation will include, without limitation, an evaluation of the creditworthiness of any Predecessor Company, parent, affiliate, subsidiary or holding company of a CLEC. A satisfactory credit history requires that the following criteria, among others, be met.
- CLECs obtain service as a carrier customer with Hawaian Telcom within the last two years.
- The length of service as a carrier customer was for more than one year.
- Certification as to the CLEC’s primary business addresses.
- CLEC paid Hawaiian Telcom’s bills on a timely basis and in full on the accounts over the most recent twelve-month period (excluding any bona fide disputed amounts that were properly disputed pursuant to applicable tariff/agreement); and there are no outstanding bills on the accounts (i.e., all bills have been paid in full).
A CLEC is not creditworthy where, for example, it admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors, or is subject to a receivership or similar proceeding.
In addition, any CLEC that has no credit history with Hawaiian Telcom must provide a credit bureau report (e.g., a Dun & Bradstreet report) from a reporting agency reasonably acceptable to Hawaiian Telcom, which report has a score/appraisal rating satisfactory to Hawaiian Telcom, in order to be considered potentially creditworthy. If there is no satisfactory score/appraisal rating, the applicant is required to provide adequate assurance of payment.
An existing CLEC is not considered creditworthy if, for example:
- It fails to pay a bill rendered by Hawaiian Telcom on a timely basis (excluding any bona fide disputed amounts that are properly being disputed pursuant to applicable tariff/agreement).
- It admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment of the benefit of creditors or is subject to a receivership or similar proceeding.
- It suffers an adverse change to its credit rating by a recognized credit bureau.
- Assurance of Payment Amount
The required assurance of payment shall equal the actual or an estimated amount to cover Hawaiian Telcom’s applicable charges, from time to time, for a two-month period by jurisdiction as reasonably determined by Hawaiian Telcom. If the CLEC is assuming lines or facilities already provisioned to another CLEC, as a general matter the assurance of payment amount shall equal the most recent two months of actual charges to that other CLEC, or two months estimated charges, whichever is greater. If, from time to time, a CLEC purchases materially more services from Hawaiian Telcom than it previously purchased, at Hawaiian Telcom’s request CLEC must promptly obtain (and provide to Hawaiian Telcom) a replacement letter of credit conforming to the terms hereof (including, without limitation, that the amount of the replacement letter of credit must reflect the increased level of services that CLEC is purchasing from Hawaiian Telcom).
At any time that Hawaiian Telcom determines a CLEC is not credit worthy, the CLEC will be required to provide assurance of payment in an amount equal to the most recent two months’ charges. This security requirement is in addition to any other treatment procedures, including the discontinuance of service, as permitted under tariff, agreement or applicable law. Until the CLEC is current on its bill and Hawaiian Telcom receives appropriate payment assurance, the CLEC will be embargoed (no increase allowed in the number of lines/service/facilities, etc.) and, in addition, Hawaiian Telcom may terminate provision of existing services to the CLEC. Hawaiian Telcom shall not provide service to the CLEC until all outstanding bills to Hawaiian Telcom have been satisfied and, if applicable, Hawaiian Telcom receives appropriate assurance of payment from the CLEC.
- Form of Payment Assurance
Except as set forth below (i.e., with respect to “Additional Payment Assurance Requirement: Monthly Prepayments”), all payment assurance required hereunder must be in the form of an irrevocable, unconditional, standby letter of credit, in form and substance satisfactory to Hawaiian Telcom, requirements (among others) for which being set forth below:
- A financial institution acceptable must issue the letter of credit to Hawaiian Telcom (e.g., the issuing bank must be a recognized financial institution).
- The letter of credit must name Hawaiian Telcom as the beneficiary.
- The letter of credit must state that it is irrevocable and that it is a standby letter of credit.
- The letter of credit may not have an expiration date earlier that one year from the date the letter of credit is accepted by Hawaiian Telcom.
- The letter of credit must state explicitly that notwithstanding any provisions of the letter of credit or otherwise, any and all charges, fees and the like arising under or in connection with the letter of credit are for the account of the CLEC.
- The letter of credit may not contain any conditions upon the issuing bank’s obligation to pay Hawaiian Telcom there under (other than a requirement that Hawaiian Telcom provide to the issuing bank the original of the letter of credit, together with a drawing request).
- The letter of credit must state that, except as explicitly set forth in the letter of credit, it is governed by the most current version of the International Chamber of Commerce’s standing practice for standby letters of credit. • The letter of credit must be in the amount equal to the actual or estimated two-month charges for the CLEC as required above.
- A CLEC should submit a draft letter of credit for Hawaiian Telcom’s review. Upon Hawaiian Telcom’s agreement as to the form of the letter of credit, the CLEC shall promptly have prepared (and shall provide to Hawaiian Telcom) the final letter of credit executed by the issuing bank.
- Hawaiian Telcom may (but is not obligated to) draw on a letter of credit upon notice to CLEC in respect of any amounts to be paid by CLEC that are not paid within thirty (30) days of the date that payment of such amounts is due to Hawaiian Telcom.
- If Hawaiian Telcom draws on a letter of credit, the CLEC shall promptly provide to Hawaiian Telcom a replacement or supplemental letter of credit conforming to the requirements set forth herein.
- Actions Upon Expiration of Letter of Credit
Upon expiration of a letter of credit supplied as payment assurance, a CLEC will be required to secure a new letter of credit if its credit history is unsatisfactory. Among other things, if a CLEC has not paid its bills on a timely basis during the period of time the letter of credit was outstanding, Hawaiian Telcom will consider its credit history unsatisfactory.
- Additional Payment Assurance Requirement: Monthly Prepayments
In addition to (and not in replacement of) the payment assurance requirements described above, if a CLEC (a) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment of the benefit of creditors or is subject to a receivership or similar proceeding or (b) has failed to timely pay two or more bills rendered by Hawaiian Telcom or a Hawaiian Telcom Affiliate in any twelve (12)-month period, Hawaiian Telcom may, at its option, demand (and CLEC shall promptly provide to Hawaiian Telcom) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Hawaiian Telcom, with appropriate true-up against actual billed charges no more frequently than once per calendar quarter.
- Account Security Requirements for UNE-P and Resale
The following amounts should be requested from the CLEC/Reseller for each jurisdiction and service type (Resale/UNE-P) in which the CLEC is applying for service. These amounts represent an “estimated two month bill” and we only accept Letter of Credit for security.
For service in HI = $5,200.00.
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