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

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proposal was discussed in front of the public. So, I just wanted to make that clear that the public was aware of it. And, finally, Exhibit 2 from the material that we provided today is a fully executed and notarized license agreement between AT&T and the homeowners association for the subject tower and support facilities at the property. We'd also like to point out that AT&T's application should be deemed approved pursuant to Section 25-2-64 of the Hawaii County Code. The Code states that within 90 days after acceptance of the Use Permit, the Commission shall deny or approve the application, and the Commission in this particular case did not act to approve or deny until 99 days after the date of the acceptance which was November 27h, and there was no written objection received by the Commission within 90 days of the acceptance of the application. So, accordingly, we believe that the application qualifies and should be deemed approved. And, lastly, before we close, I want to re-highlight again the two letters of support we got from the Hawaii County Fire and the Hawaii County Police, and they're, they're both FirstNet members, and again, as we discussed in previous hearings and in the previous agenda item, that the FirstNet is a nationwide public safety broadband network being built by AT&T. The Hawaiian Paradise Park site was specifically identified by the FirstNet authority and the State of Hawaii with input from County of Hawaii as critical to public safety. So, I'd like to reiterate, you know, that this was chosen by the FirstNet authority and the State as a location that was, was incredibly important. So, the broadband service is critical for the safety of the community and directly impacts the ability of the first responders to respond to emergency situations quickly and safely in and around Hawaiian Paradise Park. So, in conclusion, again, AT&T would like to respectfully request the Commission to reconsider its decision to approve the Use Permit as recommended by the Planning Director and staff. In general, we'd just like the Commission to consider the need for, again, the improved wireless coverage on Hawaii Island, and the importance of communications to the community and public safety. So, thanks again for your time, and I can answer any questions you may have. Thank you. RAFFIPIY: Thank you very much. Do we have any questions for the Applicant? Mr. Clarkson. CLARKSON: Yes, as I indicated in support of my vote against the application at our last meeting, I was concerned about the fall radius of the tower, and I understand Mr. Tomlinson's assertion that these towers don't fall over, but this is a [inaudible] site. There's no, nothing has actually been done in support of the construction of this tower except on paper, and my question is how difficult would it be to renegotiate your agreement with the landowner to move the tower 50 or a 100 feet to the east, northeast so that the fall radius encompasses nothing but unoccupied land where nobody could be expected to park, drive " " difficult. EXHIBIT E 3