HOUSE OF REPRESENTATIVES

H.R. NO.

81

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

requesting the director of business, economic development, and tourism to establish A WORKING GROUP TO RECOMMEND legislation or changes to administrative rules to develop contractual obligations BETWEEN THE STATE AND communication and telecommunication service providers as to the use of public lands for communication and telecommunication infrastructure.

 

 

 


     WHEREAS, communication and telecommunication service providers must make substantial long term investments and continually upgrade hardware and software to facilitate the implementation of new technologies; and

 

     WHEREAS, government entities depend on communication and telecommunication service providers to provide emergency and non-emergency communication services to the public; and

 

     WHEREAS, state agencies independently establish protocols for the issuance of licenses, leases, and permits for communication services without a predefined framework, resulting in ambiguous and disparate contracts; and

 

     WHEREAS, a predefined framework for entering into contracts with communication and telecommunication service providers would enhance predictability of returns from large infrastructure investments and reduce the risk associated with large scale business endeavors; and

 

     WHEREAS, prudent long term contracts entered into with communication and telecommunication service providers would create greater investments in communication hardware systems, such as cell towers and rooftops that support new and developing technologies, and provide substantial revenues for the State; and

 

     WHEREAS, the current process for the awarding of concession contracts for use by communication and telecommunication service providers is unclear, inconsistent, and may take several years of negotiations; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, that the Director of Business, Economic Development, and Tourism is requested to establish a working group to develop standard provisions to be included in contractual agreements for the use of state public lands for communication and telecommunication hardware devices; and

 

     BE IT FURTHER RESOLVED that the working group is requested to research and compile the current regulations and administrative rules on the issuance of leases, revocable permits, or any other legal contract that allows for the use of public lands for installation and operation of wireless communication and telecommunication platforms to create proposed legislation or changes to administrative rules; and

 

     BE IT FURTHER RESOLVED that the Director of Business, Economic Development, and Tourism is requested to include the following individuals or their designees as members of the working group:

 

     (1)  Attorney General or designee;

 

     (2)  Member of the Senate appointed by the Senate President;

 

     (3)  Member of the House of Representatives appointed by the Speaker of the House of Representatives;

 

     (4)  Members of the communication and telecommunication community; and

 

     (5)  Any other member deemed necessary by the working group; and

 

     BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation and any proposed changes to administrative rules regarding contracts with communication and telecommunication service providers, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2015; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Business, Economic Development, and Tourism, the Governor, the Senate President, the Speaker of the House of Representatives, and the Attorney General.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Telecommunication and Communication Providers; State Contracts; Working Group