HomeMy WebLinkAbout2017-02-13 Mayor Harry Kim's testimony re HB 625, HD1 ........s;. '
Wil Okabe
Managing Director
Harry Kim
Mayor • .-- :
Barbara J.Kossow
• 'I _- Deputy Managing Director
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February 13, 2017
Representative Ryan Yamane
Water & Land Committee
Hawai'i State Capitol
Honolulu, HI 96813
Dear Chair Yamane and members:
RE: HB 625, HD1
Thank you for this opportunity to testify against HB 625, HD1, in its present form.
HB 624 and 625 both deal with the installation of telecommunication facilities on
county-owned property. HB 625, HD1 raises concerns because Section 3 leads off with
saying the County "shall permit the collocation of small wireless facilities or small
wireless facilities networks" (which by definition can include large companies) on County
structures, utility poles, and light standards. The County may require building or other
permits of general applicability (defined as permits that do not apply exclusively to small
wireless facilities), but cannot adequately protect against the overburdening of its
equipment, or causing interference with the County's existing equipment or system.
This coerced co-location may also interfere with the County's existing and prospective
contractual relations as some County "structures" are on leased or licensed properties
that do not allow collocation without a landowner's consent, and landowners may be
hesitant to let the County have a structure on their properties if doing so will allow any
and all other small wireless facilities or small wireless facilities networks to be placed on
their properties without their consent. 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 structures, equipment, and access routes to rural sites. The bill does not a)
grant counties immunity for private entities accessing and using county property, b)
allow the counties to 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 accessing
or 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.
County of Hawai'i is an Equal Opportunity Provider and Employer.
Ryan Yamane
February 13, 2017
Page 2
Further, the bill doesn't define "structure," so it could be read to allow wireless
equipment to be placed on any County owned or operated building.
For the above reasons, we cannot support HB 625, HD1.
Res ectfully submitted,
(C '
Harry IA'tid-----
Mayor
County of Hawaii is an Equal Opportunity Provider and Employer.