Hawaii Broadband Law Clears Way for 5G Development

Hawaii’s legislators and governor have approved a bill aimed at more closely defining wireless broadband facilities while streamlining the application process for providers. The legislation acknowledges wireless broadband’s necessity and foundational significance to the island state’s economic and technological future. The new law establishes a process for the co-location of small wireless facilities by communication service providers on state- and county-owned poles, and is seen as essential to the rollout of 5G technology and an increasing growth and demand for data by residents and visitors. The law specifies that the state or county involved in permitting will notify an applicant “within 20 business days of receiving an application” whether it’s complete; shall notify an applicant of the basis for a denial on or before “the day” it’s denied; and opens a 90-day window for the applicant to address deficiencies without an additional fee. The bill further specifies that applicants seeking to deploy small cell facilities may file a “consolidated application” and get a single permit for the “co-location” of up to 25 small wireless facilities in a three-square-mile radius without having to perform services or provide goods unrelated to the permit — such as in-kind contributions like “reserving fiber, conduit or pole space” for the agency. Applicants may be required to attest that a small cell facility will be “operational” within a year after a permit is issued. But the state or county “shall not require” placement of small cells on “any specific utility pole or category of poles,” limit small cells “by minimum separation distances” or require multiple antennas to be located on a single pole.