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V Of <br />W11 Okabe <br />Nfunaging Director <br />Harry Kim <br />Mtqor <br />Barbara J. Kossow <br />r OF <br />Del,'nav M(Maging Dire(.Ior� <br />flim of f4rAnvor <br />25 Aupuni, Street, Suite 2603, Hilo, Hawailli 96720 a (808) 961-8211 Fax (808) 961-65,53 <br />KONA- 74-5044 Anie Keohok5lole Hwy., Bidg, C * Kailua-Kona, HawaPi 96,740 <br />(808) 323-4444 * Fax (8 ,018), 323-4440, <br />k1fA:F-=MMJM <br />Senator Glenn Walai, Chair <br />Committee on Economic Development, Tourism, and Technology <br />Hawai'i State Capitol,, Room 414 <br />Honolulu, HI 96813 <br />Senator Rosalyn H. Baker, Chair <br />Colmmittee on Commerce, Consumer Protection, and Health <br />Hawai'i State Caplitol, Room 414 <br />Honolulu; HI 96813 <br />Re HB 2651 � HD1 2 Relating to Wireless Broadband Facilities <br />Hearing! Date-, 03-14-18 — 1:15 pmi; Conference Room 414i <br />Thank you for this opportun,ity to comment on HBI 2651, HD 21 <br />The history of attempts to pass legislation in Hawaii concerning broadband technology is not all <br />p e., In a very technical area, the feeling has been that the major players have attempted to take <br />os' <br />advantage of the community's desire for broadband, to, create a pla,yi'ng field that is tilted unjustly in favor <br />I.. one or another. it therefore is necessary to approach this bil�l, and any other such legisla <br />ation, witlh <br />cutiorii., <br />Having said that, I am told that HB 2651, HD 2i, has made great strides toward assuring that th <br />public interest is properly balanced against the interests of the technology providers. Therefore, I woul <br />irge that HB 2651 2 HD 2 move forward, but with the following ameindmenits.i <br />1 . Section 2—The definitioln of '' applicable codes $5 should end before it en�acted' solely t* <br />address im' minenit threats of destruction of property or ry to persons to the extent <br />not inconsis,tenit with this cih:MIN pter"—that language quoted should be deleted� <br />2. Take utility easement out of the definition of "right of way," <br />3. 1 also wouiild recommend narrowing the definition of "Broadbiand or wireless suppio <br />structu,re"' to delete "or capable of supporting. <br />Section 4-(a) "The State or county shall not tits e, an exclusive arrangement with <br />any person for use of the right of way for the construction, operation, marketing, or <br />maintenance of small broadband or wireless facilities or utility pioles."—take out "ultility <br />poles we already have pre-exi'stin�g agreements about the use of utility poles with <br />utility companies. <br />County, of Hawai'i is an E,qual Oppoilunity Provider and Employer <br />