HB625.DOC

SECTION 1. The legislature finds that the efficient deployment of broadband infrastructure and technology is important to the global connectivity and economic viability of the State. Among the benefits afforded by an advanced broadband infrastructure system are increased and enhanced educational opportunities, telehealth capacity, safety and civil defense communications, economic competitiveness, consumer privileges, and tourism services.

To ensure that consumers throughout the State may benefit from these services as soon as possible, and to provide wireless providers with a fair and predictable process for the deployment of small wireless facilities, the legislature is enacting this Act, which specifies how state and local authorities may regulate the deployment of small wireless facilities and small wireless facilities networks.

The purpose of this Act is to facilitate the deployment of high-speed broadband infrastructure in Hawaii by establishing the siting process for small wireless facilities and small wireless facilities networks throughout the State.

SECTION 2. Chapter 27, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

"§27- Siting process of small wireless facilities and small wireless facilities networks. (a) The State may not prohibit, regulate, or charge for the collocation of small wireless facilities or small wireless facilities networks, except as provided in this section.

(b) Small wireless facilities and small wireless facilities networks are permitted uses in all public rights-of-way and property and land use districts; provided that it shall be classified as special or conditional uses on conservation land, in accordance with chapter 205.

(c) Wireless providers may place small wireless facilities or small wireless facilities networks on state utility poles, structures, and on light standards; provided that the State may require permits of general applicability for their collocation. The State shall issue permits and approvals in accordance with section 27-45 and chapter 269, and subject to the following application requirements:

(1) Applicants may not be required to perform any services, including restoration work not directly related to the collocation, to obtain approval for applications;

(2) An application may be denied only if the application does not meet applicable rules regarding construction in the public rights-of-way, building, or electrical codes or standards. The State shall document the basis for any denial, including the specific code provisions or standards on which the denial was based; and

(3) An applicant for a small wireless facilities network involving no more than twenty-five individual small wireless facilities of a substantially similar design shall be permitted, upon request by the applicant, to file a consolidated application and receive a single permit for the installation, construction, maintenance, and repair of a small wireless facilities network instead of filing separate applications for each individual small wireless facility.

(d) A wireless provider or the wireless provider's licensed contractor may collocate small wireless facilities and small wireless facilities networks on state structures, state utility poles, and light standards on all public rights-of-way and property, subject to reasonable rates, terms, and conditions. The annual recurring rate to collocate a small wireless facility on a state utility pole shall be subject to the rate as provided in 47 Code of Federal Regulations section 1.1409(e)(2), as amended.

(e) The collocation of small wireless facilities and small wireless facilities networks on state structures located within rural, agricultural, and urban districts, shall be subject to reasonable rates, terms, and conditions. The State may charge an annual rate for these collocations; provided that it is the lesser of:

(1) The amount charged for utility pole collocation as set forth in subsection (d);

(2) The projected cost to the State resulting from the collocation; or

(3) $500 annually.

(f) The State shall authorize a wireless provider or wireless provider's licensed contractor to maintain, repair, or replace the provider's small wireless facilities and small wireless facilities networks with facilities that are substantially the same, or smaller, in size, weight, and height, as existing facilities."

SECTION 3. Section 27-41.1, Hawaii Revised Statutes, is amended by adding five new definitions to be appropriately inserted and to read as follows:

""Light standard" means a street light, light pole, lamp post, street lamp, lamp standard, or other raised source of light located inside the right-of-way of a public road or highway, or utility easement.

"Small wireless facilities" means wireless facilities that have the following qualifications:

(1) Each individual antenna, excluding the associated equipment is individually no more than three cubic feet in volume, and all antennas on the structure total no more than six cubic feet in volume; and

(2) All other wireless equipment associated with the structure, excluding cable runs for the connection of power and other services, do not cumulatively exceed:

(A) Twenty-eight cubic feet for collocations on all non-pole structures, including but not limited to buildings and water tanks, that can support fewer than three providers;

(B) Twenty-one cubic feet for collocations on all pole structures, including light poles, traffic signal poles, and utility poles, that can support fewer than three providers;

(D) Twenty-eight cubic feet for pole collocations that can support at least three providers.

"Small wireless facilities network" means a collection of interrelated small wireless facilities designed to deliver wireless communications service.

"Utility pole" means a pole or similar structure that is used in whole or in part for communications service, electric service, lighting, traffic control, signage, or similar functions.

"Wireless provider" means a person or entity that is:

(1) A provider as defined in section 440J-1;

(2) A wireless telecommunications service provider as defined in section 269-16.93; or

(3) Authorized in accordance with chapter 269 to provide facilities-based telecommunications services in the State and builds, installs, operates, or maintains facilities and equipment used to provide fixed or mobile services through small wireless facilities."

SECTION 4. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

"§46- County siting process of small wireless facilities and small wireless facilities networks. (a) Any county may not prohibit, regulate, or charge for the collocation of small wireless facilities or small wireless facilities networks, except as provided in this section.

(b) Small wireless facilities and small wireless facilities networks are permitted uses in all public rights-of-way and property and land use districts; provided that these uses shall be classified as special or conditional uses on conservation land, in accordance with chapter 205.

(c) Wireless providers may place small wireless facilities or small wireless facilities networks on county-owned utility poles, structures, and on light standards; provided that the county may require permits of general applicability for their collocation. The county shall issue permits and approvals in accordance with section 46-89 and chapter 269, and subject to the following application requirements:

(1) Applicants may not be required to perform any services, including restoration work not directly related to the collocation, to obtain approval for applications;

(2) A county may deny an application only if the application does not meet applicable rules regarding construction in the public rights-of-way, building, or electrical codes or standards. The county shall document the basis for any denial, including the specific code provisions or standards on which the denial was based; and

(d) A wireless provider or the wireless provider's licensed contractor may collocate small wireless facilities and small wireless facilities networks on county-owned structures, utility poles, and light standards on all public rights-of-way and property, subject to reasonable rates, terms, and conditions. The annual recurring rate to collocate a small wireless facility on a county-owned utility pole shall be subject to the rate as provided in 47 Code of Federal Regulations section 1.1409(e)(2), as amended.

(e) The collocation of small wireless facilities and small wireless facilities networks on county-owned structures located within rural, agricultural, and urban districts, as defined in chapter 205, shall be subject to reasonable rates, terms, and conditions. The county may charge an annual rate for these collocations; provided that it is the lesser of:

(1) The amount charged for utility pole collocation as set forth in subsection (d);

(2) The projected cost to the county resulting from the collocation; or

(3) $500 annually.

(f) The county shall authorize a wireless provider or wireless provider's licensed contractor to maintain, repair, or replace the provider's small wireless facilities and small wireless facilities networks with facilities that are substantially the same, or smaller, in size, weight, and height, as existing facilities.

(g) As used in this section, unless context differs otherwise:

"Light standard" has the same meaning as in section 27-41.1.

"Small wireless facilities" has the same meaning as in section 27-41.1.

"Small wireless facilities network" has the same meaning as in section 27-41.1.

"Utility pole" has the same meaning as in section 27-41.1.

"Wireless provider" has the same meaning as in section 27-41.1."

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2017.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	625
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII