HomeMy WebLinkAboutCOM 0986.903 2018-2020CROWNY I V
CAST L E
July 21, 2020
Chair Aaron S. Y. Chung and Hawaii County Council
County of Hawai'i
Hawaii County Building
25 Aupuni Street
Hawaii, HI 96720
via email submission: counciltestimony(a')-hawaiicounty.gov
RE: County of Hawai'i (the "County")
Resolution #678-20 (the "Resolution")
Dear Chair Chung and County Councilmembers,
Crown Castle
1505 Westlake Avenue North
Suite 800
Seattle, WA 98109
COUNTY CLERK
COUNTY OF HAWAII
RECEIVED
TimSy
Date 'JUL 2 1 2020
Crown Castle USA Inc. and its affiliated entities (together, "Crown Castle") appreciates the opportunity to comment
on the above -referenced Resolution scheduled for a vote by the County Council on July 22, 2020.
As a registered telecommunications company operating approximately 50 cell towers in the County and holding a
Certificate of Authority to provide telecommunications service from the Hawaii Public Utilities Commission, Crown
Castle works closely with the wireless carriers serving the County to provide access to essential data, technology
and wireless service — opening the door to countless opportunities and possibilities. As wireless technology
becomes an ever-present part of our lives, it's essential that we have infrastructure in place to support it. Whenever
you make a call, access the internet from a mobile device for school or work, track how many steps you walked or
stream music and video, Crown Castle is providing the infrastructure that makes it all possible. Today, access to
technology and information is no longer a luxury, it is a necessity.
Crown Castle is concerned and opposed to Proposed Resolution #678-20 because it conflicts with federal law in
significant ways. The Resolution is explicit in reflecting the County's desire to regulate the deployment of specific
wireless telecommunications technologies based on concerns regarding radio frequency ("RF") emissions.
However, it is well-established that the County is preempted from such regulation,. either directly or indirectly. See
47 U.S.C. § 332(c)(7)(B)(iv); In the Matter Petition of Cingular Wireless LLC for a Declaratory Ruling of the Anne
Arundel County Zoning Ordinance, -18 FCC Rcd. 13126 (July 7, 2003).
Significantly, the Federal Communications Commission ("FCC") recently revisited its RF emission rules in light of
5G and other emerging technologies. After its inquiry, the FCC upheld the sufficiency of existing regulations and
terminated the inquiry into the need to revise these standards, finding that there is no basis in the record to conclude
these standards need to be revised and then closed the inquiry. See FCC 19-926, November 27, 2099. This is in
direct conflict with the Resolution's statement that such standards have not been reconsidered since 1996.
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Additionally, RF emissions are not a new concern. The safety of RF emissions has been studied for more than 60
years and the research is subject to constant review by governmental health agencies and standard-setting
organizations. Organizations that regularly review RF research include: the International Commission on Non -
Ionizing Radiation Protection (IGNIRP)`,. World Health Organization --Base Stations and Wireless Technologies,
Public Health England (Rad'io`Wbves"a'ha Health), Health Canada, US Federal Communications Commission and
US Food and Drug Administration. These organ zgtions have all reached the same general scientific conclusion, in
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that there are no established health hazards from exposure to RF emissions that are below FCC limits.
Finally, Crown Castle believes the Resolution significantly conflicts with federal law and will effectively prohibit the
provision of advanced telecommunications services. Though the wording of the Resolution only "calls upon"
telecommunications companies to "cease" 5G construction, it is inevitable that adoption of this resolution will serve
as encouragement for all local permitting entities in Hawai'i to take active steps to decrease broadband deployment
— precisely at a time when the County should be focused on increasing broadband access for its residents
Therefore, Crown Castle respectfully urges the County Council to reject Proposed Resolution #678-20 and instead,
initiate an effort to adopt streamlined standards and procedures that will allow all broadband technologies, including
5G, to be deployed throughout the County.
Sincerely,
ka�hh Tw
Kathy Putt
Government Affairs Manager
Crown Castle
The pathway to possible.
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