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. 2774 entitled:

begs leave to report as follows:

The purpose of this bill is to permit the installation of amateur radio equipment in a subdivision:

Your Committee heard testimony in support of this bill from several individuals and testimony in opposition from the Princeville at Hanalei Community Association.

Proponents pointed out that federally licensed amateur radio operators are an important part of our emergency response network. The opponent countered that purchasers are made aware of the restrictions before they purchase, and should abide by them. Other owners rely on the restrictions to preserve the aesthetic and monetary value of their investment. Absent compelling need, which it is argued was not established, government should not interfere with private contractual agreements.

Your Committee finds that both sides raise substantial arguments in support of their respective positions. In addition to these broader considerations, there are also technical issues concerning the scope of FCC regulation of the equipment that is envisioned being installed. Your Committee is reporting out the bill to continue the dialogue, but has amended the effective date to July 1, 2099. This change is made to reflect that the bill is not yet ready for final passage.

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. 2774, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2774, H.D. 1, and be placed on the calendar for Third Reading.