HB 2526 HD1 LRB 12-0996

SECTION 1. Governor Abercrombie's creation of the Hawaii broadband initiative boldly states that advanced broadband capability is an essential infrastructure necessary to drive innovation, the economy, and job creation in the twenty-first century. High-speed broadband infrastructure and affordable broadband services are essential for the advancement of education, health services, public safety, research, innovation, e-government services, economic development, and public safety. The telecommunications industry is an essential element of Hawaii's economy and vital to the health and welfare of the people of Hawaii.

Implementation of the Hawaii broadband initiative requires statistical data for accurate and timely analyses. The data will also assist in assessments and evaluations of available broadband infrastructure and services. Such analyses will also aid in the development of initiatives related to the future expansion and enhancement of broadband infrastructure and services.

SECTION 2. In January 2010, the United States Department of Commerce's National Telecommunications and Information Administration awarded the State of Hawaii a broadband data and development grant, number 15-50-M09057, to create and maintain a broadband map illustrating available broadband services throughout the State. In addition to the mapping, other grant activities included analysis of broadband availability and adoption, identification of services at public schools, libraries, hospitals, colleges, universities and public buildings (referred to as community anchor institutions), development of a five year plan and roadmap to increase access and adoption through legislation and local technical assistance.

Of particular interest, the federal grant required broadband data to be aggregated at the census block level. Due to this requirement, if any subscriber in a census block receives broadband service from a provider, that entire census block is deemed to be served by that provider. The legislature finds that reporting on census block basis may result in an inaccurate assessment or overrepresentation of broadband availability within the State.

Broadband data collected from and provided by providers can and should be compiled at a more elemental level. Broadband data, including availability and pricing, can be aggregated on an address or tax map key basis, rather than at the census block level. Reporting broadband data by address or tax map key will provide increased detail of broadband penetration and availability and will more accurately depict the locations and the status of broadband access in Hawaii.

SECTION 3. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

TELECOMMUNICATIONS AND CABLE INDUSTRY INFORMATION REPORTING

§ -1 Definitions. As used in this chapter, unless the context otherwise requires:

"Broadband access or broadband service" means an "always on" service that includes but is not limited to computer processing capabilities, information provision, and computing interactivity with data transport, enabling end users to access the internet and use a variety of applications at minimum speeds pursuant to the Federal Communications Commission.

"Broadband infrastructure" means the medium used to provide broadband access or broadband service, including fiber optic cable, copper cable, coaxial cable, and wireless media, such as satellite communications, wi-fi, and worldwide interoperability for microwave access.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Mapping information" means that information required under the United States Department of Commerce’s National Telecommunications and Information Administration broadband data and development grant, number 15-50-M09057.

"Provider" means any cable operator, telecommunications carrier, or telecommunications common carrier that provides broadband service.

§ -2 Informational reports. (a) On January 31 and July 31, commencing on July 31, 2012, every provider shall file with the department, in a form as prescribed by the director, separate reports for each county that include broadband access availability and pricing over the most recent thirty-day period, detailed by address or tax map key without any other personal or private information.

(b) The department may request that a provider submit additional information to the department when the department deems it necessary to perform its responsibilities under this chapter.

§ -3 Confidential information. (a) Notwithstanding chapter 92F, statements and reports provided to the department pursuant to section -2, and the data contained therein, shall be deemed confidential and proprietary; provided that the department may disclose mapping information.

(b) Information and data collected by the department may only be shared with the attorney general, the consumer advocate, and the director of business, economic development, and tourism, and their authorized representatives and employees, if the information and data are necessary for the performance of the agency's or other department's duties and functions and are compatible with the purpose for which the information was collected or obtained.

(c) Unless otherwise provided by law, the department and any other department or agency permitted access under subsection (b) shall be prohibited from:

(1) Using the information furnished or obtained for any purpose other than the purposes for which it is supplied;

(2) Making any publication whereby the data furnished by any person can be identified; and

(3) Allowing any person other than the director, the attorney general, the consumer advocate, the director of business, economic development, and tourism, and their authorized representatives and employees, to examine the individual reports or statements provided."

SECTION 4. This Act shall take effect on July 1, 2012.

HOUSE OF REPRESENTATIVES	H.B. NO.	2526
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII		Proposed