Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 2773 entitled:

begs leave to report as follows:

The purpose of this bill is to permit the installation of amateur radio equipment on condominium apartment units by an apartment owner licensed by the Federal Communications Commission (FCC), who installs equipment that:

(1) Is approved by the FCC; and

Your Committee heard testimony in support of the bill from many private individuals and testimony in opposition to the bill from the Princeville at Hanalei Community Association and the Legislative Action Committee of the Community Association Institute, Hawaii Chapter.

Proponents of the bill pointed out that federally licensed amateur radio operators are an important part of our emergency response safety network. Opponents of the bill countered with the argument that association members were aware of the restrictions before they became members and should abide by them. They note that members rely on the usage rules to preserve the aesthetic and monetary value of their investment. Absent compelling need, which they believe is not present in this case, they feel that government should not interfere with their private contractual agreements.

Both sides raise substantial arguments in support of their respective positions. In addition to these broader philosophical considerations, there are also technical issues concerning the scope of FCC regulation.

Your Committee is reporting out the bill to continue the dialogue, but to reflect that the bill is not yet ready for final passage, has amended the effective date to July 1, 2099. Technical, nonsubstantive amendments were also made for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2773, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2773, H.D. 1, and be placed on the calendar for Third Reading.