(a) This section shall apply to activities of the communications service provider within the right of way. The State and counties shall permit the collocation of small wireless facilities on utility poles pursuant to the process set forth in § 206N-6.
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Terms Used In Hawaii Revised Statutes 206N-7

  • Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes. See Hawaii Revised Statutes 206N-2
  • Applicant: means any person who submits an application and is a communications service provider. See Hawaii Revised Statutes 206N-2
  • Application: means a request submitted by an applicant to the State or county for a permit to collocate small wireless facilities or to approve the replacement or modification of a utility pole. See Hawaii Revised Statutes 206N-2
  • Collocate: means to install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole. See Hawaii Revised Statutes 206N-2
  • 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
  • Right of way: means the area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement, or similar property. See Hawaii Revised Statutes 206N-2
  • 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

  • State or county pole: means a utility pole, which may be managed or operated by, or on behalf of, the State or a county in the State. See Hawaii Revised Statutes 206N-2
(b) A person owning, managing, or controlling state or county utility poles in the right of way shall not enter into an exclusive arrangement with any person for the right to attach to such poles.
(c) The rates to collocate on state or county poles shall be nondiscriminatory regardless of the communications services provided by the collocating person.
(d) The rates, fees, and terms and conditions for the make-ready work to collocate on the state or county pole shall be nondiscriminatory, competitively neutral, and commercially reasonable and shall comply with this chapter.
(e) The State or county shall provide a good faith estimate for any make-ready work to be performed by a communications service provider and that is necessary to enable the pole to support the requested collocation by a communications service provider, including pole replacement if necessary, within sixty calendar days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed by the State or county or the communications service provider within one hundred and twenty calendar days of written acceptance of the good faith estimate by the applicant. The State or county shall have the discretion to designate whether it or the communications service provider will perform the make-ready work.
(f) The person owning, managing, or controlling the state or county pole shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other communications service providers for similar work and shall not include any consultant fees or expenses.

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