2017-02-13 Mayor Harry Kim's testimony re HB 625, HD1

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........s;. ' Wil Okabe Managing Director Harry Kim Mayor • .-- : Barbara J.Kossow • 'I _- Deputy Managing Director • „ ClUnfg Of el inillan Mffirr aftip glitagar 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 February 13, 2017 Representative Ryan Yamane Water & Land Committee Hawai'i State Capitol Honolulu, HI 96813 Dear Chair Yamane and members: RE: HB 625, HD1 Thank you for this opportunity to testify against HB 625, HD1, in its present form. HB 624 and 625 both deal with the installation of telecommunication facilities on county-owned property. HB 625, HD1 raises concerns because Section 3 leads off with saying the County "shall permit the collocation of small wireless facilities or small wireless facilities networks" (which by definition can include large companies) on County structures, utility poles, and light standards. The County may require building or other permits of general applicability (defined as permits that do not apply exclusively to small wireless facilities), but cannot adequately protect against the overburdening of its equipment, or causing interference with the County's existing equipment or system. This coerced co-location may also interfere with the County's existing and prospective contractual relations as some County "structures" are on leased or licensed properties that do not allow collocation without a landowner's consent, and landowners may be hesitant to let the County have a structure on their properties if doing so will allow any and all other small wireless facilities or small wireless facilities networks to be placed on their properties without their consent. The colocation raises security concerns, concerns about existing equipment being damaged by allowing private entities to do installation and other work on County sites, and will increase the use and wear-and-tear on existing structures, equipment, and access routes to rural sites. The bill does not a) grant counties immunity for private entities accessing and using county property, b) allow the counties to recoup costs due to a small wireless facility or network's use of counties' utilities, or c) expressly allow counties to require companies that are accessing or using a county's property to assume liability for any damages to existing equipment or structures and to defend and indemnify a county for any such damages. County of Hawai'i is an Equal Opportunity Provider and Employer.