STAND. COM. REP. NO. 1602

Honolulu, Hawaii

RE:    H.B. No. 116

       H.D. 2

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committees on Commerce, Consumer Protection, and Affordable Housing and Economic Development and Taxation, to which was referred H.B. No. 116, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TELECOMMUNICATIONS,"

beg leave to report as follows:

     The purpose of this measure is to ensure the safe and efficient integration of facilities necessary for the provision of advanced wireless communication services and to ensure the ready availability of reliable wireless service to public and government agencies and first-responders.

     Your Committees received testimony in support of this measure from Cingular Wireless; Verizon Wireless; T-Mobile USA, Inc.; and Sprint Nextel.  Testimony in opposition to this measure was submitted by the City and County of Honolulu's Department of Planning and Permitting and the Kailua Neighborhood Board.

     Your Committees find that wireless communication service has become an integral and important part of consumers' daily lives.  The intent of this measure is to ensure adequate coverage and sufficient wireless capacity on wireless networks by ensuring an efficient application and approval process for new wireless facilities. 

     Your Committees note the concerns raised by the City and County of Honolulu relating to, what the City and County of Honolulu perceives to be the measure's redundancy to county processes and a potential infringement of home rule, but believe this measure should move forward to encourage further discussion on those issues.

     Your Committees have amended this measure by:

     (1)  Amending chapter 205, Hawaii Revised Statutes, to allow wireless communication antennas to be a permitted use in the state agricultural district;

     (2)  Making technical, nonsubstantive changes for the purposes of clarity and style; and

     (3)  Changing the effective date to promote further discussion.

     As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Affordable Housing and Economic Development and Taxation that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 116, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 116, H.D. 2, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Commerce, Consumer Protection, and Affordable Housing and Economic Development and Taxation,

____________________________ CAROL FUKUNAGA, Chair

____________________________ BRIAN T. TANIGUCHI, Chair