2017-03-28 Letter to Baker & Tokuda re HB 625 HD 3 SD 1 Relating to Infrastructure

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Baker/Tokuda March 28, 2017 Page 2 Our main objection to HB 625, SD1 remains the same—it still does not protect radio towers/first responder communications. It may give the counties some ability to regulate in the right of way, but those towers are still vulnerable (and probably prime targets for the telecommunications companies because they will get good coverage where we get good coverage). Among numerous concerns we have is that, if this or any other bill were to pass in present form, the County could not adequately protect against the overburdening of its equipment, which could cause interference with the County's existing equipment or system. In addition, coerced co-location could 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 small wireless facilities or small wireless facilities networks to be placed on their properties without their consent. Co-location raises security concerns, concerns about existing equipment being damaged by allowing private entities to do installation and other work on County sites, and concerns about increased use and wear-and-tear on existing structures, equipment, and access routes to rural sites. We do not believe any of the bills 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. If the final bill does not define "structure," it could be read to allow wireless equipment to be placed on any County owned or operated building. An earlier draft totally exempted wireless equipment from any County permits. It required the wireless companies to provide notice prior to installation to the DCCA but not to an affected county. It allowed utilities to reject applications but did not provide counties that authority and did not have any process for applications. It required wireless companies to comply with "applicable safety and engineering requirements", but that would be difficult for us to check with no prior notice or permitting process. There is also considerable debate over costs and fees, which by no means are inconsequential to the providers, and therefore should be equally important to government as the protector of taxpayer assets. One draft limited collocation charges to $20 annually—a giveaway that does not seem to reflect proper stewardship of the County of Hawaii is an Equal Opportunity Provider and Employer