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PC -48 Page 2 July 7, 2020 <br />Mr. Kaneali`i-Kleinfelder asked whether an approved tower must come back to the County to <br />apply for upgrades. Director Yee said installation of 4G versus 5G technology is not under the <br />County's discretion. <br />Mr. Kaneali`i-Kleinfelder is concerned that the provisions of the Telecommunications Act is <br />outdated. He cited Section 253(b) i of the Act that allows a State to enact regulations for the <br />protection of its citizens. <br />While Director Yee agreed that the Telecommunications Act is outdated, he also understood that <br />it is federal law. He said we have to be thoughtful in deciding how to proceed. <br />Corporation Counsel Joe Kamelamela was asked to weigh in on the Telecommunications Act. <br />When we talk about the County's authority to regulate radio frequency waves, "we have none," <br />Mr. Kamelamela said. And added, "If we allow a 5G equipment up on a tower, but nothing <br />prevents us from perhaps asking the telecommunication company to say if you install it, you do a <br />test on it, to satisfy to the people of the County that it is safe." He would have to check with <br />Planning and maybe Public Works about doing more than that, he said. <br />Mr. Kaneali`i-Kleinfelder said the County had some ability to decide on the location of <br />equipment, but based on that interpretation of Section 253(b), we are able to impose <br />requirements that protect the public's safety, such as requirements for documents or credentials <br />for a safety component. He does not feel that is overstepping or pre-empting any law. He <br />understands the need for connectivity in the district but that it does not necessarily require 5G <br />technology. <br />Committee Member Valerie Poindexter raised concern about cell towers in her district and <br />County land being leased out in perpetuity. The Public Utilities Commission is not really <br />monitoring the towers. People might say the towers are not going to affect health and you're just <br />fearmongering, but Ms. Poindexter said there was a meeting in Pepe`ekeo and a lot of concerned <br />people came out. Ms. Poindexter knows how it feels to lose a child. 5G technology should <br />definitely not be allowed on our island, or our state, until studies can be made. She would like to <br />start investigating what already exists and whether the PUC is monitoring any of them. <br />The Federal Communications Commission does not regulate the number of towers, and we're <br />allowing all this without even studying the health risk, she said. But if you look at the numbers of <br />people dying and the possible connections you somehow have to prioritize it. Ms. Poindexter <br />understood the County has to follow rules and laws, but she knows that we had leased land that <br />is "full" of cell towers. We should never approve a lease in perpetuity, period, she said. She <br />opposed any new cell towers until the health risk is addressed. <br />U.S. Code Title 47 Section 253(b) State Regulatory Authority: "Nothing in this section shall affect the ability of <br />a State to impose, on a competitively neutral basis and consistent with section 254 of this title, requirements <br />necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued <br />quality of telecommunications services, and safeguard the rights of consumers." <br />PC Report No.: 48 <br />