2024-11-15 Rebecca Lieberman Testimony Bill 194

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wĻĬĻĭĭğ \[źĻĬĻƩƒğƓ Director State Government Affairs November 15, 2024 źğ 9ƒğźƌ Λ\[t/ƷĻƭƷźƒƚƓǤθŷğǞğźźĭƚǒƓƷǤ͵ŭƚǝΜ Leeward Planning Commission 101 Pauahi Street, Suite 3 Hilo, HI 96720 Re: County Council Initiated Bill 194 - (PL-CCI-2024-000009) Dear Chair DeFranco and Commissioners, Thank you for the opportunity to provide comments on the County Council initiated Bill 194 to amend Chapter 25, Articles 1, 2, 4, 5, and 7 of the Hawai'i County Code 1983 (2016 Edition, as amended) relating to telecommunication antennas and towers ("Bill 194"). with state and federal law and the effects it will have on broadband deployment. First, for the regulation of the small wireless facilities in the County. See Haw. Rev. Stat. Ann. §§ 206N-1 206N-10. Bill No. 194 expands the defin applicable to large format macro-wireless towers. That expansion is in direct contradiction to State law, which or zoning approval if they are deployed: (1) in the right of way in any zone; or (2) outside the right of way in -4. - technical or operational basis - including wireline facilities and network hardware Federal law. If adopted, Bill No. 194 has the real potential to lead to the illogical, and unlawful, result that deploy its facilities in the public rights of way, and to use those facilities for both cable and non-cable services, pursuant to its cable franchise and the federal Cable Act. In addition, Section 5 of Bill No. 194 introduces a plethora of new siting constraints, preconditions, and clearances into the application process, several of which are unnecessary, burdensome, counterproductive and potentially in conflict with applicable law. Bill No. 194 would have a significant negative impact on deployment on equipment essential to providing services, including broadband access, to communities throughout the County of Hawaii. Both the state and county have made deployment of broadband services a priority in recent years and Bill No. 194 undermines those goals. As the largest broadband provider in the state, Charter supports efforts to expand broadband access. Charter believes that every Hawaii resident should have reliable access to the Internet. We will continue to help bring the benefits of broadband and access to the internet to those who need it most. From 2021-23, Charter extended its network to reach an additional 36,000 homes and small businesses in the State, investing more than $296 million s Emergency Broadband Benefit Program (EBB) and 151 PALII STREET, MILILANI, HI 96789 h 808.695.3154 a 808.481.1007 Rebecca.Lieberman@charter.com