Hawaii Revised Statutes 206N-9 – Implementation
Terms Used In Hawaii Revised Statutes 206N-9
- Communications service: means cable service, as defined in § 440G-3 or title 47 United States Code § 522(6), as amended; information service, as defined in title 47 United States Code § 153(24), as amended; telecommunications service, as defined in § 269-1 or title 47 United States Code § 153(53), as amended; mobile service, as defined in title 47 United States Code § 153(33), as amended; or wireless service other than mobile service. See Hawaii Revised Statutes 206N-2
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Small wireless facilities: means a wireless facility or other facility providing communications service that meets one or both of the following qualifications:
(1) Each communications service provider's antenna can fit within an enclosure of no more than six cubic feet in volume; or
(2) All other equipment associated with the communications service facility, whether ground- or pole-mounted, that is cumulatively no more than twenty-eight cubic feet in volume; provided that the following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services. See Hawaii Revised Statutes 206N-2
No later than July 1, 2019, the State and each county shall adopt or modify laws, regulations, and agreements for lands within its jurisdiction that make available rates, fees, and other terms that comply with this chapter to communications service providers. In the absence of laws, regulations, and agreements that fully comply with this chapter and until such laws, regulations, or agreements are adopted, communications service providers may install and operate small wireless facilities and utility poles pursuant to this chapter.