2020-06-04 Exh D New Cingular dba AT&T USE 19-081 (FOFCOLD&O)

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public, the exposure possibility is less than one percent of the FCC emission limit. Extreme emotional distress over RF emission is not a valid basis for denying a Use Permit. It is expressly preempted by Federal law which states, and I'm quoting, "No State or local government [or instrumentality thereof] may regulate the placement, construction, and the modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the admissions [sic-Commission's] regulations concerning such emissions." Again, this proposed facility is in compliance with FCC regulations. In addition, I'd like to point out the Planning Commission's finding is contrary to the Planning Director's and staff's determination that granting the application would not materially be detrimental to the public welfare or cause substantial, adverse impact to the community's character or to surrounding properties. The Commission also acknowledged in the last hearing that this, that this was the case. Commissioner Replogle at the March 5h hearing conceded that the public's RF concerns could not be a basis for the Commission's decision on the application and stated that"AT&T is not doing anything inherently wrong. They are following the law. They are filling in the space for this net system that is going to provide a life-saving system for all our people, and we have heard these concerns over and over from people, and basically, my understanding is we are constrained to a degree by these laws..." Commissioner Au also on the March 5 1 hearing likewise confirmed that AT&T's application was complete and suggested there was no legal basis for its denial. And, to build upon the comments of Commissioner Replogle, I just want to point out and highlight two letters that we received in support for this application from the Hawai`i County Fire and the Hawaii County Police both customers of FirstNet and the first nationwide public safety broadband network being built by AT&T. Kurtistown is a known gap area for cell coverage, and this site was chosen to fill that gap. In addition to the community benefits of improved wireless coverage, the facility will greatly assist our first responders during emergencies in their Kurtistown and Kea`au areas. So, under Hawaii County Planning Commission Rules [of Practice] and Procedure 4-25, 4-26, and 4-27, AT&T respectfully is requesting the Commission reconsider its decision today and approve the Use Permit application. We ask the Commission consider the need for improved cell coverage on Hawaii Island and the importance of extending broadband wireless service for the community and for public safety. Mahalo for your time and the opportunity to address the Commission, and we are happy to answer any questions you might have. RAFFIPIY: Thank you very much, Mr. Tomlinson. Appreciate it. Do we—first of all, Commissioners, have you all read the written testimonies that was submitted by the public and the Applicant? Mr. Replogle, were you able to read those? REPLOGLE: Yes. EXHIBIT D 3