SB1201 HD2.DOC

THE SENATE	S.B. NO.	1201
TWENTY-NINTH LEGISLATURE, 2017		S.D. 2
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO TECHNOLOGY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. (a) There is established within the department of business, economic development, and tourism, for administrative purposes only, a broadband task force, which shall consist of the following members:

(1) The director of the department of business, economic development, and tourism, who shall also serve as the chair;

(2) The respective director of each county public, educational, or governmental access provider;

(3) The chief executive officer of the Public Broadcasting Service Hawaii;

(4) Four representatives representing each of the four national wireless providers; provided that two are appointed by the speaker of the house and two are appointed by the president of the senate;

(5) Two representatives representing each of the third party wireless infrastructure providers; provided that one is appointed by the speaker of the house and one is appointed by the president of the senate,

(6) The respective directors of each of the two certified cable, internet, and phone service providers doing business in the State; provided that one is appointed by the speaker of the house and one is appointed by the president of the senate; provided further that the directors do not represent the same corporation, or the directors' designee;

(7) The director of an electric utility company, or the director's designee;

(8) The director of the department of commerce and consumer affairs, or the director's designee; and

(9) The chair of the public utilities commission, or the chair's designee.

(b) Any vacancy occurring in the membership of the task force shall be filled in the same manner as the original appointments.

(d) A simple majority shall constitute a quorum whose affirmative vote shall be necessary for all actions of the task force.

(e) Members of the task force shall serve without compensation but shall be reimbursed for necessary expenses, including reasonable travel expenses, incurred in the performance of their duties under this section.

(f) The task force shall provide a statewide broadband plan, which shall include the following:

(1) The financial status and revenues of public, educational, or governmental access providers;

(2) A description of how present fees collected are used for infrastructure;

(3) The potential establishment of a wireless fee to be used for video streaming; and

(4) The recommended structure to regulate all broadband services under the department of business, economic development, and tourism, including all regulations and fees for the implementation of broadband.

(g) The statewide broadband plan shall seek all possible revenues available to broadband infrastructure and public, educational, or governmental access provided by wireless carriers, provided that any proposed fees will be fair and reasonable to consumers.

(h) The statewide broadband plan shall address technological advancements in broadband and explore the possible conversion of the use of wireline to wireless services.

(i) The task force shall submit a report of its findings and recommendations, including a statewide broadband plan and any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2018.

(j) The task force shall cease to exist upon adjournment sine die of the regular session of 2018.

SECTION 2. This Act shall take effect upon its approval; provided that this Act shall not take effect if legislation that amends chapter 27 or chapter 46, Hawaii Revised Statutes, to establish or amend conditions under which the State and counties may establish a collocation permitting, application, review and approval process for telecommunications companies proposing to install broadband infrastructure on state or county structures, utility poles, light standards, or buildings, is not enacted by the legislature during the regular session of 2017.