2020-06-04 Exh E New Cingular dba AT&T USE 19-082 (FOFCOLD&O)

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TOMLINSON: Yes, please. Can you hear me? Yes? Okay, thank you. Aloha, Mr. Chair and Members again. My name is Andrew Tomlinson, and I'm still with Elizabeth Songvilay and Ken Lyons from AT&T, and again, thank you for the opportunity to address the Commission regarding the Findings of Fact, Conclusions of Law, and Decision and Order for the 105-foot tall tower facility in Hawaiian Paradise Park. As we just spoke a bit in our past hearing, on the past agenda item, you know, since March 51h we really have seen the need for telecommunications technology and, again, you know, AT&T's usage has really gone up considerably since then, and the Hawaiian Paradise Park site was also chosen to fill a very significant gap of coverage, and it's going to facilitate a faster, more reliable network for a really underserved part of the islands. And, this current crisis, you know, really exemplifies why, why we need that. The Findings of Fact for this proposed tower were based on the fall zone and the lack of, asserted lack of access for AT&T for the, for the subject property. The Findings were that the proposed tower is going to be materially detrimental to the public welfare and that AT&T failed to show that it has legal access to the property and these are factually incorrect, and accordingly, we'd like to respectfully request that the Commission again reconsider its decision and approve this application today. To address the fall zone, there were numerous claims in the last hearing that the play area and the basketball hoop and the parking area were in the direct fall zone of the proposed tower, and this is not true. So, if you would please refer to Exhibit 1 from AT&T's response if you haven't looked at it already. It's an aerial image. The blue circle there represents a 105-foot radius around the proposed tower that will encompass the, you know, the "fall zone." And as you can see, the playground, the basketball hoops, and the parking lot lie outside this blue circle. So, please note also the basketball court is, is abandoned and in disrepair, and I confirmed this with the, the homeowners' association, and this can be seen on photos in the application attachment 6 and 11. And, also, there's no evidence that the proposed monopine structure would be at risk for falling. I'd like to remind everybody that the steel tower is engineered to meet all the structural and safety requirements prescribed in Hawaii County Code. In regards to property access, AT&T has legal access and right to occupy the subject property. The Use Permit application in itself requires the landowner provide written consent to even submit the permit application. AT&T submitted a signed letter of authorization and consent from the president of the homeowners' association with its application. The HOA obviously owns the subject property and manages it pursuant to their HOA bylaws. AT&T also provided completed minutes from a January 2019 Hawaiian Paradise Park public board meeting that showed the board approved the proposed project. At this board meeting were board members as well as community members, and I went back and recently checked the board minutes leading up to that,that particular meeting in January 2019, and there were no less than six public board meetings with verified minutes, and approved minutes, where the AT&T EXHIBIT E 2