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Act 264 (which later became HRS §46-89) mandated that Counties act on all � <br /> broadband-related permits within sixty days of a complete application. Despite <br /> the preceding, there was no subsequent update made to the Hawai -,i County <br /> Code to address the change. <br /> A Use Permit application for a telecommunication tower facility was heard by <br /> the Windward Planning Commission on December 7, 2023. In addition, a a <br /> petition for standing in a contested case hearing was filed for the application. <br /> The Windward Planning Commission voted to grant the petition for standing. <br /> After standing was granted, the applicant's representative requested a <br /> determination on whether the Commission's action was at odds with the <br /> timeframes in State Law for taking action on a broadband-related permit. As a <br /> result of this request, the Corporation Counsel provided the Planning <br /> Department with a legal opinion on December 27, 2023, and opined that based <br /> on Hawai -,i Revised Statutes §46-89, telecommunication antenna and tower <br /> use permit applications are not subject to a contested case hearing. The <br /> permit was then issued, and Corporation Counsel advised the Planning <br /> Department to make necessary revisions to the Hawai -,i County Code. <br />