2018-02-06 Letter to Takashi Ohno re HB 2651, Relating to Wireless Broadband Facilties

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Harry Kim Mayor eiunf> f Anfulti`i Wil Okabe Managing Director Barbara J. Kossow Deputy Managing Director ®fftrr of flieciltavor 25 Aupuni Street, Suite 2603 • Hilo, Hawal'i 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA 74-5044 Ane Keohokalole Hwy., Bldg C • Kallua-Kona, Hawai'i 96740 (808) 323-4444 • Fax (808) 323-4440 February 6, 2018 Representative Takashi Ohno, Chair Committee on Intrastate Commerce Hawaii State Capitol, Room 429 Honolulu, HI 96813 Dear Chair Ohno and Committee Members: Re: Testimony in Opposition of HB 2651, Relating to Wireless Broadband Facilities Hearing Date: 02/06/18 — 10:30 am; Conference Room 429 Thank you for this opportunity to testify in opposition of HB 2651. HB 2651 deals with the installation of telecommunication facilities on state and county -owned property. This Bill is similar to legislation which was proposed last year that the County opposed; however, the present version of the Bill has some aspects which are even more cumbersome than the prior versions. The County objects to the limitation in the Bill of $40 for annual fees (which is supposed to, but likely will not, cover the costs of the private company occupying space in the right of way and using resources such as electricity), the overbroad definitions of "right of way" (including utility easements) and "state or county pole" (which can include poles that the County does not solely own, manage, or operate), the lack of discretion and limited bases for rejecting applications, the dearth of fees and regulation for "micro' wireless facilities, the limits on bonds of $200 per small wireless facility and $10,000 for total bonds county -wide for a company's equipment, the prohibition on the County being named as an additional insured to any insurance policy it may require, the piecemeal process which will result if an applicant chooses to file a "consolidated" application for multiple sites and there are problems with some of the sites but the County needs to continue processing the same application for the other sites, the time -limit on applications imposing deemed approvals which would even apply to a "consolidated" applications, the failure to address the requirements of Chapter 205A, the difficulties in keeping inventories of this equipment and notifying the appropriate party if the equipment needs to be inspected or repaired, and the twenty-year duration of a company's permit. County of Hawaii is an Equal Opportunity Provider and Empllem.