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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1342 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO TELECOMMUNICATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 199, Session Laws of Hawaii 2010, established a broadband work group to develop procedures for streamlining permitting functions applicable to the development of broadband services and broadband technology. The legislature finds that the work group has recommended the creation of an exemption from various permitting requirements for the installation of new or upgraded broadband infrastructure along existing conduits that are already used for telecommunications.
The purpose of this Act is to speed the deployment of high-speed broadband technology in Hawaii by exempting construction of broadband infrastructure from certain permitting requirements.
SECTION 2. From January 1, 2012, to January 1, 2017, actions relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, shall be exempt from county permitting requirements and state permitting and approval requirements, including the requirements of chapters 343, 171, and 205A, Hawaii Revised Statutes; provided that the installation, improvement, construction, or development of infrastructure shall:
(1) Take place within existing rights-of-way or utility easements or utilize existing telecommunications infrastructure; and
(2) Make no significant changes to the existing rights-of-way, utility easements, or telecommunications infrastructure.
SECTION 3. No person or entity shall be required to upgrade or replace an existing utility pole when using that utility pole to install new or improve existing telecommunications cables; provided that, in addition to other safety and engineering requirements:
(1) The overall weight load on the utility pole following the installation or improvement is not greater than the weight load prior to the installation or improvement;
(2) The overall weight load on the utility pole does not exceed maximum utility pole safe weight capacities established by the Federal Communications Commission and the public utilities commission; and
(3) The utility pole is not damaged due to the installation or improvement of telecommunications cables.
A public utility shall be permitted to recover all prudently incurred costs related to planning, engineering, construction, installation, or replacement of utility poles undertaken for the purpose of accomplishing the objectives of this Act.
SECTION 4. No later than January 1, 2016, the director of commerce and consumer affairs, in consultation with the administrator of the cable television division, shall:
(1) Review the state of broadband communications in Hawaii and the permitting exemptions granted pursuant to this Act; and
(2) Make a recommendation whether to extend the exemptions provided by this Act.
The director of commerce and consumer affairs shall submit a report of the director's findings and recommendations, along with any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2016.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Broadband; Permit Exemptions; Utility Poles
Description:
Exempts broadband infrastructure improvements from state or county permitting requirements for five years; exempts telecommunications companies from replacing utility poles when installing or improving telecommunications cables and under certain conditions; authorizes recovery of costs by public utilities. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.