Bill Text: HI SB760 | 2017 | Regular Session | Amended

Hawaii Senate Bill 760 (Prior Session Legislation)

Bill Title: Relating To Telecommunications.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-02-28 - The committee on CPH deferred the measure. [SB760 Detail]

Download: Hawaii-2017-SB760-Amended.html

THE SENATE	S.B. NO.	760
TWENTY-NINTH LEGISLATURE, 2017		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TELECOMMUNICATIONS.

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

SECTION 1. The legislature finds that Act 151, Session Laws of Hawaii 2011 (Act 151), provides an exemption for the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology from state and county permitting requirements, under certain circumstances.

The legislature further finds that, since Act 151 was enacted, broadband technology has advanced substantially. Wireless and wire line technology is now essential to the delivery of broadband service. Implementation of wireless and wire line technology, such as small wireless facilities or wire line facilities, will play a major role in continuing the benefits afforded by broadband infrastructure in Hawaii.

The purpose of this Act is to:

(1) Codify exemptions to permitting requirements established by Act 151, Session Laws of Hawaii 2011, within the Hawaii Revised Statutes and expand those exemptions to include broadband over wire line and wireless or mobile platforms, including wire line or small wireless facilities;

(2) Establish a definition of wireless communications antennas that include small wireless facilities;

(3) Establish a definition of wire line; and

(4) Repeal those sections of Act 151, Session Laws of Hawaii 2011, that have been codified within the Hawaii Revised Statutes.

SECTION 2. Chapter 440J, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . exemption of broadband infrastructure from permitting requirements

§440J-A Definitions. As used in this part, unless the context otherwise requires:

"Small wireless facilities" means wireless facilities that meet 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 but not limited to 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;

provided that the volume of any deployed equipment that is not visible from public spaces at the ground level from two hundred fifty feet or less may be omitted from the calculation of volumetric limits.

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

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

"Wire line" means wire or wires used for transmission between or among points specified by a user, of information of the user's choosing, including voice, data, image, graphics, and video without change in the form or content of the information, as sent and received, by means of electromagnetic transmission, or other similarly capable means of transmission, with or without benefit of any closed transmission medium.

§440J-B Exemption of broadband infrastructure installation from permitting requirements. (a) Actions relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including but not limited to the interconnection of wire line facilities telecommunications cables and the installation of small wireless facilities on a utility pole or other supporting structure, shall be exempt from:

(1) County permitting requirements;

(2) State permitting and approval requirements, which includes the requirements of chapters 171, 205A, and 343; and

(3) Public utilities commission rules under Hawaii Administrative Rules, chapter 6‑73, that require existing installations to comply with new pole replacement standards at the time of any construction or alteration to the equipment or installation;

except to the extent that such permitting or approval is required by federal law or is necessary to protect eligibility for federal funding, services, or other assistance.

(b) The installation, improvement, construction, or development of infrastructure, actions relating to which are exempt pursuant to subsection (a), shall:

(1) Be directly related to the improvement of existing wire line facilities telecommunications cables or the installation of new telecommunications cables, including the installation of small wireless facilities and small wireless facilities networks:

(A) On existing or replacement utility poles and conduits; and

(B) Using existing infrastructure and facilities;

(2) Take place within existing rights-of-way or public utility easements or use existing telecommunications infrastructure; and

(3) Make no significant changes to the existing public rights-of-way, public utility easements, or telecommunications infrastructure; provided that the installation of wire line facilities and a small wireless facility within the dimensions stated in section 440J-A, shall be deemed to not make a significant change to existing public rights-of-way, public utility easements, or telecommunications infrastructure.

(c) A person or entity taking any action under this section shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service.

(d) A person or entity taking any action under this section shall, at least thirty calendar days before the action is taken, provide notice to the director of commerce and consumer affairs by electronic posting in the form and on the site designated by the director for such posting on the designated central State of Hawaii internet website; provided that notice need not be given by a public utility or government entity for an action relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology where the action taken is to provide access as the owner of the existing rights-of-way, utility easements, or telecommunications infrastructure.

§440J-C Upgrade or replacement of utility poles. (a) No person or entity shall be required to upgrade or replace an existing utility pole when using that utility pole to install new wire line telecommunications cables or small wireless facilities, or to improve existing wire line telecommunications cables or small wireless facilities; provided that:

(1) The overall weight load and the diameter of the attachment on the utility pole following the installation or improvement does not exceed the overall weight load and diameter of the attachment prior to the installation or improvement;

(2) The overall weight load on the utility pole does not exceed maximum utility pole safe weight capacities established by the Federal Communications Commission and the public utilities commission; and

(3) The utility pole is not damaged or made less safe or reliable due to the installation or improvement of wire line facility telecommunications cables or small wireless facilities.

(b) The public utilities commission may allow a public utility to recover all prudently incurred costs as approved through rates, charges, or clauses approved or established by the public utilities commission pursuant to section 269-16, including but not limited to planning, engineering, construction, installation, or replacement of utility poles. Recovery of all prudently incurred costs shall also apply to a broadband service provider.

(c) If access to a utility pole is not granted within forty-five days of a written request for access, the utility must confirm the denial in writing by the forty-fifth day, consistent with the requirements established by the Federal Communications Commission under title 47 Code of Federal Regulations chapter 1. The utility's denial of access shall be specific, shall include all relevant evidence and information supporting its denial, and shall explain how such evidence and information relate to a denial of access for reasons of lack of capacity, safety, reliability, or engineering standards.

§440J-D Annual recurring rates. (a) The State or county may establish an annual recurring charge on wire line facilities or small wireless facilities and wire line facilities networks and small wireless networks or wire line facilities networks collocated on utility poles, structures, and lighting standards located within the public rights-of-way. The rates shall be nondiscriminatory regardless of the services provided by the collocating person.

(b) Charges shall not exceed the lesser of:

(1) The annual recurring rate that would be permitted under rules adopted by the Federal Communications Commission under title 47 United States Code section 224(e) or (i); or

(2) $20 per year.

Charges shall recover the actual, direct, and reasonable costs related to the use of space on the utility pole. In any controversy concerning the appropriateness of a charge for a state or county owned utility pole, the State or county shall have the burden of proving that the charges are reasonably related to the actual, direct, and reasonable costs incurred for use of space on the pole for such period."

SECTION 3. Chapter 440J, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"[[]CHAPTER 440J[]]

TELECOMMUNICATIONS AND CABLE INDUSTRY [~~INFORMATION REPORTING~~]"

SECTION 4. Chapter 440J is amended by designating sections 440J-1 through 440J-3 as part I, entitled "Information Reporting".

SECTION 5. Section 2, Act 151, Session Laws of Hawaii 2011, as amended by section 3 of Act 264, Session Laws of Hawaii 2013, as amended by section 1 of Act 193, Session Laws of Hawaii 2016, is repealed.

["SECTION 2. Beginning January 1, 2012, actions relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, shall be exempt from county permitting requirements, state permitting and approval requirements, which includes the requirements of chapters 171, 205A, and 343, Hawaii Revised Statutes, and public utilities commission rules under Hawaii Administrative Rules, chapter 6‑73, that require existing installations to comply with new pole replacement standards at the time of any construction or alteration to the equipment or installation, except to the extent that such permitting or approval is required by federal law or is necessary to protect eligibility for federal funding, services, or other assistance; provided that the installation, improvement, construction, or development of infrastructure shall:

~~(1)~~ ~~Be directly related to the improvement of existing telecommunications cables or the installation of new telecommunications cables:~~

~~(A)~~ ~~On existing or replacement utility poles and conduits; and~~

~~(B)~~ ~~Using existing infrastructure and facilities;~~

~~(2)~~ ~~Take place within existing rights-of-way or public utility easements or use existing telecommunications infrastructure; and~~

~~(3)~~ ~~Make no significant changes to the existing public rights-of-way, public utility easements, or telecommunications infrastructure.~~

An applicant shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service.

A person or entity taking any action under this section shall, at least thirty calendar days before the action is taken, provide notice to the director of commerce and consumer affairs by electronic posting in the form and on the site designated by the director for such posting on the designated central State of Hawaii Internet website; provided that notice need not be given by a public utility or government entity for an action relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology where the action taken is to provide access as the owner of the existing rights-of-way, utility easements, or telecommunications infrastructure."]

SECTION 6. Section 3, Act 151, Session Laws of Hawaii 2011, as amended by section 3 of Act 264, Session Laws of Hawaii 2013, is repealed.

["SECTION 3. Consistent with federal law, no person or entity shall be required to upgrade or replace an existing utility pole when using that utility pole to install new telecommunications cables or to improve existing telecommunications cables; provided that:

~~(1)~~ The overall weight load and the diameter of the attachment on the utility pole following the installation or improvement does not exceed the overall weight load and diameter of the attachment prior to the installation or improvement;

~~(2)~~ ~~The overall weight load on the utility pole does not exceed maximum utility pole safe weight capacities established by the Federal Communications Commission and the public utilities commission; and~~

~~(3)~~ ~~The utility pole is not damaged or made less safe or reliable due to the installation or improvement of telecommunications cables.~~

The public utilities commission may allow a public utility to recover all prudently incurred costs as approved through rates, charges, or clauses approved or established by the public utilities commission pursuant to section 269-16, Hawaii Revised Statutes, including but not limited to planning, engineering, construction, installation, or replacement of utility poles undertaken to accomplish the objectives of this Act. Recovery of all prudently incurred costs shall also apply to a broadband service provider.

If access to a utility pole is not granted within forty-five days of a written request for access, the utility must confirm the denial in writing by the forty-fifth day, consistent with the requirements established by the Federal Communications Commission under Title 47, Chapter 1, Code of Federal Regulations. The utility's denial of access shall be specific, shall include all relevant evidence and information supporting its denial, and shall explain how such evidence and information relate to a denial of access for reasons of lack of capacity, safety, reliability, or engineering standards."]

SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

Report Title:

Wireless and Wire Line Facilities; Utility Poles; Permits

Description:

Codifies exemptions to permitting requirements established by Act 151, Session Laws of Hawaii 2011, within the Hawaii Revised Statutes and expands those exemptions to include broadband over wire line and wireless or mobile platforms, including wire line facilities and small wireless facilities. Establishes a definition of wireless communications antennas that include small wireless facilities. Establishes a definition of wire line. Repeals those sections of Act 151, Session Laws of Hawaii 2011, that have been codified within the Hawaii Revised Statutes. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.