HomeMy WebLinkAboutRES 197 Draft 01 2022-2024A RESOLUTION URGING CONGRESS TO PRESERVE THE ZONING AND REGULATORY AUTHORITY OF LOCAL GOVERNMENTS OVER TELECOMMUNICATION INFRASTRUCTURE.
WHEREAS, on May 24th, 2023, the U.S. House of Representatives, Committee on Energy and Commerce favorably reported H.R. 3557, titled the “American Broadband Deployment Act of 2023”;
and
WHEREAS, the National Association of Counties expressed concerns with several provisions of this bill, among which included the preemption of state and local zoning authority over the
placement, construction, or modification of certain telecommunication infrastructure, limiting the ability of state and local governments to collect fair market compensation for the
use or management of public rights-of-way, and the enactment of “deemed granted” provisions and stringent parameters for the denial of such permits, approvals, and authorizations; and
WHEREAS, the Federal Government has historically recognized the rights of local governments to regulate certain aspects of the development and deployment of telecommunication infrastructure
in their respective jurisdictions under Sections 224, 253, and 332 of U.S. Code Title 47; and
WHEREAS, the Council of the County of Hawai‘i has previously expressed its commitment to the authority of local governments over decisions relating to telecommunication infrastructure
through Resolution No. 177-95 and Resolution No. 274-98; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that it concurs with the position of the National Association of Counties as specified hereinabove, and urges Congress to preserve
the zoning and regulatory authority of local governments over telecommunication infrastructure and to reject any legislation that would preempt such authority.
BE IT FINALLY RESOLVED, that the County Clerk shall transmit a copy of this resolution to The Honorable Mazie Hirono and The Honorable Brian Schatz, United States Senators; The Honorable
Edward Case and The Honorable Jill Tokuda, United States Representatives; and Bernard Carvalho, Jr., President of the Hawai‘i State Association of Counties.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
EVANS
GALIMBA
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KAGIWADA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
LEE LOY
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.