(a) Subject to subsection (b), this chapter shall apply only to activities of a communications service provider to deploy small wireless facilities and to modified or replaced state or county utility poles associated with small wireless facilities.

Except as to the state or county permitting authority related to utility poles, this chapter shall not be construed to apply to:

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Terms Used In Hawaii Revised Statutes 206N-1

  • 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
  • Communications service provider: means a cable operator, as defined in § 440G-3 or title 47 United States Code § 522(5); a provider of information service, as defined in title 47 United States Code § 153(24); a telecommunications carrier, as defined in § 269-1 or title 47 United States Code § 153(51); or a wireless provider. See Hawaii Revised Statutes 206N-2
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • 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

(1) Utility poles or other utility infrastructure solely owned by investor-owned utility companies;
(2) Investor owned utility companies’ utility poles in which the State or county has an ownership interest;
(3) Airport buildings; or
(4) Buildings whose use is principally for public safety purposes.
(b) Notwithstanding any other provision to the contrary, small wireless facilities shall not interfere with public safety, law enforcement, or emergency communications. To the extent an interference is identified by the State, county, or a communications service provider, it shall be resolved pursuant to the applicable requirements and procedures of the Federal Communications Commission following written notification of an interference.

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