(a) Subject to this chapter and applicable federal law, the State or county may continue to exercise zoning, land use, planning, and permitting authority within its jurisdictional boundaries, including with respect to utility poles; except that neither the State nor a county shall have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of any small wireless facility located in an interior structure or upon the site of any campus, stadium, or athletic facility not owned or controlled by the State or county, other than to comply with applicable codes. Nothing in this chapter authorizes the State or a county to require wireless facility deployment or to regulate broadband or wireless services.
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Terms Used In Hawaii Revised Statutes 206N-8

  • 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
  • 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.
  • 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
  • Wireless facility: includes small wireless facilities but shall not include:

    (1) Wireline backhaul facilities; and

    (2) Coaxial or fiber-optic cable between utility poles or communications facilities that are otherwise not immediately adjacent to and directly associated with a particular antenna. See Hawaii Revised Statutes 206N-2

(b) Except as provided in this chapter with respect to the wireless facilities subject to the permitting, rate, and fee requirements established herein, the State and each county shall not adopt or enforce any regulations or requirements or charge additional rates or fees on an entity’s placement or operation of communications facilities in the right of way where the entity is already authorized by a cable television franchise to operate throughout the right of way. The State and each county shall not regulate or charge fees for the provision of additional communications services over a cable system authorized under such franchise, unless expressly authorized by applicable law.

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