STAND. COM. REP. NO. 2827

Honolulu, Hawaii

RE: S.B. No. 2704

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2704, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WIRELESS BROADBAND FACILITIES,"

begs leave to report as follows:

The purpose and intent of this measure is to establish the policy and permitting framework for the installation of a technologically advanced wireless broadband network in the State.

More specifically, the measure:

(1) Establishes a process to upgrade and support small wireless facilities and to modify or replace utility poles associated with small wireless facilities;

(2) Establishes a permitting, application, review, and approval process for wireless service providers to install wireless facilities on state- or county-owned utility poles, or install utility poles in public rights of way; and

(3) Authorizes wireless communication antennas in rural districts.

Your Committee received written comments in support of this measure from the Department of Business, Economic Development, and Tourism; the Department of Transportation; the Office of Enterprise Technology Services; OCC Legislative Priorities Committee, Democratic Party of Hawaii; Maui Hotel & Lodging Association; Sprint; Verizon Wireless; AT&T; the Maui Chamber of Commerce; the Hawaii Lodging and Tourism Association; and CTIA.

Your Committee received written comments in opposition to this measure from a member of the Maui County Council, Charter Communications, and one individual.

Your Committee received written comments on this measure from the Department of Commerce and Consumer Affairs and the Office of the Mayor of the City and County of Honolulu.

Your Committee finds that the availability of an advanced wireless broadband network is the key to many of the State's economic development initiatives. The State currently ranks among the nation's lowest in broadband speeds available to consumers and in wireless broadband service availability. Your Committee believes that encouraging the development of a robust wireless broadband network throughout the State is integral to competitiveness and will improve network capacity to meet consumer demand.

Your Committee has amended this measure by:

(1) Clarifying that the processes established by this measure shall not apply to state and county poles, related structures, sites, or facilities that support public safety, law enforcement, or emergency communications;

(2) Specifying that the State or a county may require a wireless provider to consider installing and operating small wireless facilities and utility poles in rural districts where economically feasible;

(3) Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and

(4) Making technical nonsubstantive changes for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2704, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2704, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair