STAND. COM. REP. NO. 396

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1201

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committees on Economic Development, Tourism, and Technology and Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 1201 entitled:

 

"A BILL FOR AN ACT RELATING TO TECHNOLOGY,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to facilitate the deployment of high-speed broadband infrastructure in Hawaii, including wireless facilities, by:

 

     (1)  Establishing limits on the State's and counties' authority to prohibit, regulate, or charge for the co-location of small wireless facilities or small wireless facilities networks;

 

     (2)  Specifying certain sites where small wireless facilities or small wireless facilities networks may be located, including conditions and maximum fees for location and co-location; and

 

     (3)  Establishing an application process for co-location.

 

     Your Committees received testimony in support of this measure from the Department of Business, Economic Development, and Tourism; State of Hawaii, Office of Planning; AT&T; CTIA; Mobilitie; and Sprint.  Your Committees received testimony in opposition to this measure from Hawaiian Telcom.  Your Committees received comments on this measure from the Department of Commerce and Consumer Affairs, Cable Television Division; and Hawaiian Electric Company, Inc.

 

     Your Committees find that broadband technology is now a critical part of infrastructure and that it is important to facilitate the deployment of high-speed broadband technology for the future global connectivity and economic viability of the State.  Broadband technology is essential across multi-sector industries and provides for enhanced educational opportunities, expansion of telehealth capacity, strengthening safety and civil defense communications, increasing economic competiveness, addressing consumer privileges, and providing tourism services.  Your Committees find that this measure will support economic development and innovation in the State related to the increased demand for broadband connectivity.

 

     Your Committees have amended this measure to:

 

     (1)  Establish the rate produced by applying the formula adopted by the Federal Communications Commission for telecommunication pole attachments in 47 C.F.R. 1.1409(e)(2) as the maximum rate for co-location of a small wireless facility on state or county structures, utility poles, or light standards located within all public rights-of-way and property, rural or agricultural district lands, and urban district lands;

 

     (2)  Specify that if the Federal Communications Commission adopts a rate formula for small wireless facility attachments, that adopted rate shall apply; and

 

     (3)  Make technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the records of votes of the members of your Committees on Economic Development, Tourism, and Technology and Public Safety, Intergovernmental, and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1201, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1201, S.D. 1, and be referred to your Committees on Commerce, Consumer Protection, and Health and Ways and Means.

 


Respectfully submitted on behalf of the members of the Committees on Economic Development, Tourism, and Technology and Public Safety, Intergovernmental, and Military Affairs,

 

________________________________

CLARENCE K. NISHIHARA, Chair

 

________________________________

GLENN WAKAI, Chair