PD Background Report (PL-USE-2023-000008)

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ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 16 of 17 2006 WL 1699580, *10-11 (N.D. Cal. 2006). • Least Intrusive Means. The least intrusive means standard "requires that the provider 'show that the manner in which it proposes to fill the significant gap in service is the least intrusive on the values that the denial sought to serve."' 572 F.3d at 995, quoting MetroPCS, Inc. v. City of San Francisco, 400 F.3d 715, 734 (9tn Cir. 2005). These values are reflected by the local code's preferences and siting requirements. 7.3.1. Environmental and health effects prohibited from consideration. Also, under the Telecom Act, a jurisdiction is prohibited from considering the environmental effects of RF emissions (including health effects)of the proposed site if the site will operate in compliance with federal regulations. 47 U.S.C. § 332(c)(7)(B)(iv). AT&T has included with this application a statement from its radio frequency engineers demonstrating that the proposed facility will operate in accordance with the Federal Communications Commission's RF emissions regulations. See Attachment 4—AT&T MPE Report. Accordingly, this issue is preempted under federal law and any testimony or documents introduced relating to the environmental or health effects of the proposed Facility should be disregarded in this proceeding. 7.3.2. No discrimination amongst providers. Local jurisdiction also may not discriminate amongst providers of functionally equivalent services. 47 U.S.C. § 332(c)(7)(13)(i)(1). A jurisdiction must be able to provide plausible reasons for disparate treatment of different providers' applications for similarly situated facilities. 7.4. Timeline for Review The following state and federal timelines for review apply to AT&T's Application for the proposed Facility, none of which are exclusive. 7.4.1. State timeline for review. AT&T's Application is also subject to the state timeline for review of broadband-related permits under Section 46-89 HRS. Section 46-89(a) HRS states: (a) A county shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the county, the application shall be deemed approved by the county."