Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 2773, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to permit an apartment owner to install amateur radio equipment on the owner's condominium units without the necessity of first obtaining approval or consent.

Testimony in support of this measure was received from the Department of Defense, Oahu Civil Defense Agency, Parents and Children Together, and seven individuals.

This measure authorizes the installation of amateur radio equipment approved by the Federal Communications Commission (FCC) on condominium apartment units owned by FCC-licensed amateur radio operators, provided that the installation does not directly affect any other apartment owner in the condominium project. This authorization would supersede any prohibition established in chapter 514A, Hawaii Revised Statutes, a project's declaration, or an association's bylaws, and any requirement that the consent of an association or its board, or a managing agent, first be obtained.

Your Committee recognizes the vital role amateur radio operators have played in times of emergencies and disasters, assisting with emergency management communications when other forms of communication had been rendered inoperable due to natural or man-made disasters. Federally-licensed amateur radio operators are an important part of the community's emergency response safety network and provide critical emergency communications services to Civil Defense and voluntary organizations, such as the Red Cross.

While your Committee recognizes the importance of the public service provided by amateur radio operators, your Committee has concerns that this measure, which permits radio equipment installation, notwithstanding a lack of consent from an association or board, is unfairly weighted in favor of individual apartment owners, and does not allow for disapproval of an installation by an association or board for legitimate reasons, including those related to aesthetics, safety, and interference with use of electronic devices.

Accordingly, in order to facilitate continued discussion of these concerns and other outstanding issues, your Committee has amended this measure by inserting therein an effective date of July 1, 2030.

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