| 47 | | - | SECTION 1. The legislature finds that broadband is increasingly intertwined with the daily functions of modern life. However, the Federal Communications Commission (FCC) estimates that over twenty-five million Americans still lack reliable broadband access, which the FCC defines as twenty-five megabits per second download and three megabits per second upload transmission speeds. To help promote the expansion of broadband services in rural and underserved areas, states like Georgia, Indiana, Vermont, and Wisconsin have recently proposed legislation, which among other things, would permit the use of electric easements for broadband services, establish rural broadband special funds, and otherwise support the construction of additional broadband infrastructure. Hawaii faces similar challenges: nearly one hundred thousand residents have only one wired service provider available at their residence address; nearly twenty-two thousand residents have no wired internet providers offering service at their residence; and over forty thousand residents in Hawaii do not have a wired connection capable of twenty-five megabits per second download speed or faster. Therefore, the purpose of this Act to: (1) Classify small wireless facilities and associated utility poles as permitted uses that shall not be subject to zoning review or zoning approval if they are deployed in unserved or underserved areas; and (2) Define "unserved area" and "underserved area". SECTION 2. Section 206N-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows: ""Underserved area" means an area of the State that is served by fewer than two wireless providers providing broadband service with a speed of twenty-five megabits per second for download transmission and three megabits per second for upload transmission. "Unserved area" means a census block in which broadband service with a speed of twenty-five megabits per second for download transmission and three megabits per second for upload transmission is not available to twenty per cent or more of the census block." SECTION 3. Section 206N-4, Hawaii Revised Statutes, is amended to read as follows: "[[]§206N-4[]] Zoning. Small wireless facilities and associated modified or replaced utility poles subject to the height limits in section 206N-5(c), shall be classified as permitted uses and shall not be subject to zoning review or zoning approval if they are deployed: (1) In the right of way in any zone; [or] (2) Outside the right of way in property not zoned exclusively for conservation[.]; or (3) In any underserved or unserved area. Nothing in this chapter shall be construed to modify existing permitting processes for the placement of wireline backhaul in the right of way." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. The legislature finds that broadband is increasingly intertwined with the daily functions of modern life. However, the Federal Communications Commission (FCC) estimates that over twenty-five million Americans still lack reliable broadband access, which the FCC defines as twenty-five megabits per second download and three megabits per second upload transmission speeds. To help promote the expansion of broadband services in rural and underserved areas, states like Georgia, Indiana, Vermont, and Wisconsin have recently proposed legislation, which among other things, would permit the use of electric easements for broadband services, establish rural broadband special funds, and otherwise support the construction of additional broadband infrastructure. Hawaii faces similar challenges: nearly one hundred thousand residents have only one wired service provider available at their residence address; nearly twenty-two thousand residents have no wired internet providers offering service at their residence; and over forty thousand residents in Hawaii do not have a wired connection capable of twenty-five megabits per second download speed or faster. Therefore, the purpose of this Act to: (1) Classify small wireless facilities and associated utility poles as permitted uses that shall not be subject to zoning review or zoning approval if they are deployed in unserved or underserved areas; and (2) Define "unserved area" and "underserved area". SECTION 2. Section 206N-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows: ""Underserved area" means an area of the State that is served by fewer than two wireless providers providing broadband service with a speed of twenty-five megabits per second for download transmission and three megabits per second for upload transmission. "Unserved area" means a census block in which broadband service with a speed of twenty-five megabits per second for download transmission and three megabits per second for upload transmission is not available to twenty per cent or more of the locations." SECTION 3. Section 206N-4, Hawaii Revised Statutes, is amended to read as follows: "[[]§206N-4[]] Zoning. Small wireless facilities and associated modified or replaced utility poles subject to the height limits in section 206N-5(c), shall be classified as permitted uses and shall not be subject to zoning review or zoning approval if they are deployed: (1) In the right of way in any zone; [or] (2) Outside the right of way in property not zoned exclusively for conservation[.]; or (3) In any underserved or unserved area. Nothing in this chapter shall be construed to modify existing permitting processes for the placement of wireline backhaul in the right of way." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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