Terms Used In Hawaii Revised Statutes > Chapter 206N - Wireless Broadband and Communications Networks

• Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of services using small wireless facilities. See Hawaii Revised Statutes 206N-2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Board: means the board of education. See Hawaii Revised Statutes 302A-101
• Change order: means a written order signed by the procurement officer, directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor. See Hawaii Revised Statutes 103D-104
• 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
• Complex: means the high school and those elementary, middle, and intermediate schools that feed into the high school as designated by the department. See Hawaii Revised Statutes 302A-101
• Complex area: means the administrative unit that includes one or more complexes as designated by the department. See Hawaii Revised Statutes 302A-101
• Complex area superintendent: means the chief administrative officer of a complex area and the complexes therein. See Hawaii Revised Statutes 302A-101
• Construction: means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. See Hawaii Revised Statutes 103D-104
• Contract: means all types of agreements, regardless of what they may be called, for the procurement or disposal of goods or services, or for construction. See Hawaii Revised Statutes 103D-104
• Contract: A legal written agreement that becomes binding when signed.
• Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Hawaii Revised Statutes 103D-104
• Contractor: means any person having a contract with a governmental body. See Hawaii Revised Statutes 103D-104
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Decorative pole: means a state or county pole that is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than a wireless facility attachment, specially designed informational and directional signage, or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory state or county rules or codes. See Hawaii Revised Statutes 206N-2
• Department: means the department of education. See Hawaii Revised Statutes 302A-101
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Feasible design and collocation standards: means reasonable, objective, and nondiscriminatory specifications concerning the physical structure, construction, location, and appearance of small wireless facilities; provided that those specifications facilitate the installation of the small wireless facilities and may be waived by the State or county. See Hawaii Revised Statutes 206N-2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals. See Hawaii Revised Statutes 103D-104
• Historic district: means a group of buildings, properties, or sites that are either listed in the National Register of Historic Places or as determined by the state historic preservation program in accordance with chapter 6E. See Hawaii Revised Statutes 206N-2
• 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}
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Micro wireless facilities: means a small wireless facility having a dimension no larger than twenty-four inches in height, fifteen inches in width, and twelve inches in depth; provided that the exterior antenna, if any, does not exceed eleven inches in length. See Hawaii Revised Statutes 206N-2
• Past performance: means available recent and relevant performance of a contractor, including positive, negative, or lack of previous experience, on contracts that shall be considered in a responsibility determination within the relevance of the current solicitation, including the considerations of section 103D-702(b). See Hawaii Revised Statutes 103D-104
• Policy board: means the procurement policy board created in § 103D-201. See Hawaii Revised Statutes 103D-104
• Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 103D-104
• Procurement officer: means any person authorized to enter into and administer contracts and make written determinations with respect thereto. See Hawaii Revised Statutes 103D-104
• Purchasing agency: means any governmental body which is authorized by this chapter or its implementing rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods, services, or construction. See Hawaii Revised Statutes 103D-104
• 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
• Services: means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. See Hawaii Revised Statutes 103D-104
• 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

• Specifications: means any description of the physical or functional characteristics, or of the nature of a good, service, or construction item. See Hawaii Revised Statutes 103D-104
• 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
• Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
• Technically feasible: means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location can be implemented without a reduction in the functionality of the wireless facility. See Hawaii Revised Statutes 206N-2
• Using agency: means any governmental body which utilizes any goods, services, or construction procured under this chapter. See Hawaii Revised Statutes 103D-104
• Utility pole: means a pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities. 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

• Wireless provider: means an individual, corporation, company, association, trust, or other entity or organization who:

  (1) Provides services, including wireless broadband services, whether at a fixed location or mobile, to the public using wireless facilities; or

  (2) Builds or installs wireless communication transmission equipment or wireless facilities, including an individual authorized to provide telecommunications service in the State. See Hawaii Revised Statutes 206N-2

• Wireless support structure: means a structure, such as a monopole; tower, either guyed or self-supporting building; or other existing or proposed structure designed to support or capable of supporting broadband or small wireless facilities, other than a structure designed solely for the collocation of wireless facilities. See Hawaii Revised Statutes 206N-2
• Wireline backhaul: means the transport of communications data or other electronic information by wire from wireless facilities to a communications network. See Hawaii Revised Statutes 206N-2