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

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Testimony in Opposition of HB 2651 February 6, 2018 Page 2 The County also repeats its prior objections that this Bill will not allow it to adequately protect against the overburdening of its equipment, or a wireless facility or network causing interference with the County's existing equipment or system. The County is concerned about the effect the bill may have on various utilities' poles that the County needs for its structures and projects as working with the utilities can already be a complex process. 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 utility poles. The bill does not a) grant counties immunity for private entities occupying and/or using county property (it grants immunity for installation, maintenance, and repairs, but not for claims arising from the private companies' operation or use of their equipment), b) allow the counties to sufficiently 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 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. The County also notes that it has actually been willing and able to work with telecommunications companies in their efforts to implement small wireless network(s) in the right of way; however, it has only been approached by one company that has not yet proposed an adequate location to install its equipment. Some of that company's proposals would have violated the Americans with Disabilities Act, others were technically infeasible, and one proposed installing equipment on property that is not owned by the County. For the reasons above, we cannot support HB 2651. The County would consider legislation that would be limited to Section 10 of the Bill, which requires the State and counties to adopt their own laws, regulations, or agreements with the cellular companies. Respectfully submitted, Harry Kim Mayor, County of Hawaii County of Hawaii is an Equal Opportunity Provider and Employer.