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HomeMy WebLinkAbout2018-02-06 Letter to Glenn Wakai and Rosalyn H. Baker re SB 2704, Relating to Wireless Broadband Facilities Wil Okabe Managing Director Harry Kim Mayor Barbara J. Kossow Deputy Managing Director 25 Aupuni Street, Suite 2603 96720 (808) 961-8211 Fax (808) 961-6553 KONA: 74-5044 lole Hwy., Bldg C Kailua-96740 (808) 323-4444 Fax (808) 323-4440 February 6, 2018 Senator Glenn Wakai, Chair Committee on Economic Development, Tourism, and Technology , Room 414 Honolulu, HI 96813 Senator Rosalyn H. Baker, Chair Committee on Commerce, Consumer Protection, and Health Honolulu, HI 96813 Dear Chair Wakai, Chair Baker and Committee Members: Re: Testimony in Opposition of SB 2704, Relating to Wireless Broadband Facilities Hearing Date: 02/07/18 1:15 pm; Conference Room 414 Thank you for this opportunity to testify in opposition of SB 2704. SB 2704 deals with the installation of telecommunication facilities on state and county-owned property. This Bill is similar to legislation which was proposed last year that the County opposed; however, the present version of the Bill has some aspects which are even more cumbersome than the prior versions. The County objects to the limitation in the Bill of $40 for annual fees (which is supposed to, but likely will not, cover the costs of the private company occupying space in the right of way and using resources such as electricity), the overbroad definitions of poles that the County does not solely own, manage, or operate), the lack of discretion wireless facilities, the limits on bonds of $200 per small wireless facility and $10,000 for total bonds county- named as an additional insured to any insurance policy it may require, the piecemeal process which will result if an app multiple sites and there are problems with some of the sites but the County needs to continue processing the same application for the other sites, the time-limit on applications imposing deemed approv 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.