(a) The State or county may adopt indemnification, insurance, and bonding requirements related to small wireless facility permits subject to this section.
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Terms Used In Hawaii Revised Statutes 206N-10

  • 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
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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

  • 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) The State or county may require a communications service provider to indemnify and hold the State or county and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses, or fees resulting from the communications service provider‘s actions in installing, repairing, operating, or maintaining any small wireless facilities or utility poles.
(c) The State or county may require a communications service provider to have in effect insurance coverage consistent with this subsection and requirements for other right of way users, if such requirements are reasonable and nondiscriminatory. If insurance coverage is required, the State or county may require a communications service provider to furnish proof of insurance prior to the effective date of any permit issued for a small wireless facility.
(d) The State or county may adopt bonding requirements for small wireless facilities if the State or county imposes similar requirements in connection with permits issued for other right of way users.

The purpose of such bonds shall be to:

(1) Provide for the removal of abandoned or improperly maintained small wireless facilities, including those for which the State or county determines a need for the small wireless facilities to be removed to protect public health, safety, or welfare;
(2) Restoration of the right of way; or
(3) Recoupment of past due rates or fees that have not been paid by a communications service provider in over twelve months; provided that the communications service provider has received reasonable notice from the State or county of the noncompliance listed and an opportunity to cure the delinquency of the rates or fees.

Bonding requirements shall not exceed $200 per small wireless facility.

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