2018-02-06 Letter to Glenn Wakai and Rosalyn H. Baker re SB 2704, Relating to Wireless Broadband Facilities

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Testimony in Opposition of SB 2704 February 6, 2018 Page 2 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 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 interfe 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 ow uipment 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 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 SB 2704. 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 County of Hawai`i is an Equal Opportunity Provider and Employer.