HomeMy WebLinkAbout2018-03-12 Letter to Glenn Wakai and Rosalyn H. Baker re HB 2651, HD 2 Relating to Wireless Broadband FacilitiesV Of
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Harry Kim
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Barbara J. Kossow
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25 Aupuni, Street, Suite 2603, Hilo, Hawailli 96720 a (808) 961-8211 Fax (808) 961-65,53
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Senator Glenn Walai, Chair
Committee on Economic Development, Tourism, and Technology
Hawai'i State Capitol,, Room 414
Honolulu, HI 96813
Senator Rosalyn H. Baker, Chair
Colmmittee on Commerce, Consumer Protection, and Health
Hawai'i State Caplitol, Room 414
Honolulu; HI 96813
Re HB 2651 � HD1 2 Relating to Wireless Broadband Facilities
Hearing! Date-, 03-14-18 — 1:15 pmi; Conference Room 414i
Thank you for this opportun,ity to comment on HBI 2651, HD 21
The history of attempts to pass legislation in Hawaii concerning broadband technology is not all
p e., In a very technical area, the feeling has been that the major players have attempted to take
os'
advantage of the community's desire for broadband, to, create a pla,yi'ng field that is tilted unjustly in favor
I.. one or another. it therefore is necessary to approach this bil�l, and any other such legisla
ation, witlh
cutiorii.,
Having said that, I am told that HB 2651, HD 2i, has made great strides toward assuring that th
public interest is properly balanced against the interests of the technology providers. Therefore, I woul
irge that HB 2651 2 HD 2 move forward, but with the following ameindmenits.i
1 . Section 2—The definitioln of '' applicable codes $5 should end before it en�acted' solely t*
address im' minenit threats of destruction of property or ry to persons to the extent
not inconsis,tenit with this cih:MIN pter"—that language quoted should be deleted�
2. Take utility easement out of the definition of "right of way,"
3. 1 also wouiild recommend narrowing the definition of "Broadbiand or wireless suppio
structu,re"' to delete "or capable of supporting.
Section 4-(a) "The State or county shall not tits e, an exclusive arrangement with
any person for use of the right of way for the construction, operation, marketing, or
maintenance of small broadband or wireless facilities or utility pioles."—take out "ultility
poles we already have pre-exi'stin�g agreements about the use of utility poles with
utility companies.
County, of Hawai'i is an E,qual Oppoilunity Provider and Employer
March 12, 2018
Page 2
5. Section -(g) replace `return the right of way to its functional equivalence" to "same or better
coind'ition". Add that their permit will be voided if the Mate or county need's to do the repairs irs and
the provider faills to pay the assessed cost.
6. Section 5- delete "(4) The State or county shall not require the placement of small
broadband or wireless, fa,cili'ties on any specific utility pole or category of poles or reqlulire
multiple antenna systems on, a single ultility pole";
7. Section, 7.- There does not seem to be any definition of what would constitute adequate notice,
and that should be clarified.
8., Section 10
d: Delete the bond limit of $2001 per small broadband' or, wireless f'aci�li�ty and the
total bond limit of $10,0001 per county.
9. Add language to assure that the installed cellular equipment wolnt degrade our
infrastructure 1's, wind rating. If we're to, have equipment mounted on light and traffic pales, we
would want assurance that the additional equipment wouldn't de -rate them.
10., The 30 days to determine if the application, is complete and 90 days to grant/deny a
completed appillication may be too short. Please specify that they refer to 30 and 90 working days
rather than calendar days
11. Section 91 Implementation creates, two concerns.
First, if laws ust be adopted or modified"No later than January 1, 2019," does that mean that
laws cannot be amended after that date? We certainly should not tie our hands in such a, way.
Second, Section 9 provides that until such laws, regulations, or agreements, are adopted,
broadband or wireless, providers may install and operate small' broadband or wireless facilities and utility
poles pursuant to, this chapter." That would seem to give carte blanche to the providers to act
precipitously before government can enact suitable standards. Such action should not be allowed.
Better language might be:
'lo later than 2019!, the, State and each county shall adopt or mod'ify laws,
regulations,, and agreements for lands within its jurisdiction that make availab,le rates,
Ease, and other terms, that comply with this chapter to wireless providers. After that 'date,
in: the absence of'
laws, regulations, and agreements that comply with this, chapter and
until such laws,, regulations,, or agreements are adopted, wireless providers may, install
and operate small wireless facilities and utility poles pursuant to this chapter.
Thank you for your consideration.
RepectfL
.Osubmitted,
arry Kim
Mayor, County of Hawai'i
County of Hawai"'i is an Equal Oppottunity Provider and Employer,