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I i y5,ity, 7 COUNTY OF HAWAIJ STATE OF HAWAPI krF OF•Hai RESOLUTION NO. 197 23 A RESOLUTION URGING CONGRESS TO PRESERVE THE ZONING AN REGULATORY AUTHORITY OF LOCAL GOVERNMENTS OVER TELECOMMUNICATION INFRASTRUCTURE. WHEREAS, on May 24th, 2023, the U.S. House of Representatives, Committee on Energy and Commerce favorably reported H.R. 3557,titled the "American Broadband Deployment Act of 2023"; and WHEREAS, the National Association of Counties expressed concerns with several provisions of this bill, among which included the preemption of state and local zoning authority over the placement, construction, or modification of certain telecommunication infrastructure, limiting the ability of state and local governments to collect fair market compensation for the use 4 or management of public rights-of-way, and the enactment of"deemed granted"provisions and i stringent parameters for the denial of such permits, approvals, and authorizations; and WHEREAS, the Federal Government has historically recognized the rights of local governments to regulate certain aspects of the development and deployment of telecommunication infrastructure in their respective jurisdictions under Sections 224, 253, and 332 of U.S. Code Title 47; and WHEREAS, the Council of the County of Hawaii has previously expressed its commitment to the authority of local governments over decisions relating to telecommunication infrastructure through Resolution No. 177-95 and Resolution No. 274-98; now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it concurs with the position of the National Association of Counties as specified hereinabove, and urges Congress to preserve the zoning and regulatory authority of local governments over telecommunication infrastructure and to reject any legislation that would preempt such authority.