STAND. COM. REP. NO. 3464

Honolulu, Hawaii

RE:    H.C.R. No. 110

       H.D. 2

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committees on Economic Development, Government Operations and Housing and Technology and the Arts, to which was referred H.C.R. No. 110, H.D. 2, entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE DIRECTOR OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM TO ESTABLISH A WORKING GROUP TO RECOMMEND LEGISLATION OR CHANGES TO ADMINISTRATIVE RULES TO DEVELOP CONTRACTUAL OBLIGATIONS BETWEEN THE STATE AND WIRELESS TELECOMMUNICATION SERVICE PROVIDERS AS TO THE USE OF PUBLIC LANDS FOR WIRELESS TELECOMMUNICATION INFRASTRUCTURE,"

beg leave to report as follows:

     The purpose and intent of this measure is to request the Director of Business, Economic Development, and Tourism to establish a working group to recommend legislation or changes to administrative rules to develop contractual obligations between the State and wireless telecommunication service providers as to the use of public lands for wireless telecommunication infrastructure.

     Your Committees received testimony in support of this measure from AT&T Services, Inc.  Your Committees received comments on this measure from the Department of Business, Economic Development, and Tourism and Department of Land and Natural Resources.

     Your Committees find that wireless telecommunication service providers must make substantial long term investments and continually upgrade hardware and software to facilitate the implementation of new technologies.  State agencies independently establish protocols for the issuance of licenses, leases, and permits for wireless telecommunication services without a predefined framework, resulting in ambiguous and disparate contracts.

     Your Committees further find that the current process for the awarding of concession contracts for use by wireless telecommunication service providers is unclear, inconsistent, and may take several years of negotiations.

     Your Committees have amended this measure by:

     (1)  Inserting language to request that the working group find ways to reduce the amount of time it takes for state agencies to process permits and provide approvals for the most modern communications technology serving the State; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Economic Development, Government Operations and Housing and Technology and the Arts that are attached to this report, your Committees concur with the intent and purpose of H.C.R. No. 110, H.D. 2, as amended herein, and recommend that it be referred to the Committee on Ways and Means, in the form attached hereto as H.C.R. No. 110, H.D. 2, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Economic Development, Government Operations and Housing and Technology and the Arts,

____________________________ GLENN WAKAI, Chair

____________________________ DONOVAN M. DELA CRUZ, Chair