STAND. COM. REP. NO.  537

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 1342

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1342, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TELECOMMUNICATIONS,"

begs leave to report as follows:

     The purpose of this bill is to make the process of installation and repair of broadband more efficient.  Specifically this bill will:

     (1)  Exempt broadband infrastructure improvements from state or county permitting requirements for five years; and

     (2)  Exempt telecommunications companies from replacing existing utility poles when installing new or improving existing telecommunications cables.

     The Department of Business, Economic Development, and Tourism, the Department of Commerce and Consumer Affairs, the Office of Environmental Quality Control, Hawaiian Telcom, Akaku: Maui Community Television, Hawaiian Electric, Hawaii Electric Light Company, Maui Electric Company, The Chamber of Commerce of Hawaii supported this measure.  The Department of Transportation supported the intent of this bill.  The Department of Planning and Permitting of the City and County of Honolulu opposed this bill.  tw telecom provided comments.

     Your Committee notes that tw telecom pointed out that this bill does not address the length of time it takes for a pole owner to make the determination of whether the overall weight load on the utility pole exceeds maximum utility pole safe weights.  Your Committee requests that the Committee on Finance look into this issue.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1342, H.D. 1, and recommends that it be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROBERT N. HERKES, Chair